City of Norfolk    
   

Chapter 27

ZONING: ARTICLES VII - XV

Art. I to VI.  
Art.  VII. Districts, §§ 27-61--27-220.
    Div. 1.    Generally, §§ 27-61--27-70.
    Div. 2.    District A, Agricultural District, §§ 27-71--27-74.
    Div. 3.    District R-R, Rural Residential District, §§ 27-75--27-80.
    Div. 4.    District S-R, Suburban Residential District, §§ 27-81--27-90.
    Div. 5.    District R-1, Single-family Residential District, §§ 27-91--27‑100.
    Div. 6.    District R-2, One and Two Family Residential District, §§ 27-101--27-110.
    Div. 7.    District R-3, Multiple-family Residential District, §§ 27-111--27‑120.
    Div. 8.    District R-M, Mobile Home District, §§ 27-121--27-130.
    Div. 9.    District R-O, Limited Residential Office District, §§ 27-131--27‑140.
    Div. 10.  District O-D, Office District, §§ 27-141--27-150.
    Div. 11.  District C-1, Local Business District, §§ 27-151--27-160.
    Div. 12.  District C-2, Central Business District, §§ 27-161--27-170.
    Div. 13.  District C-2A, Special Business District, §§ 27-171--27-180.
    Div. 14.  District C-3, Service Commercial District, §§ 27-181--27-190.
    Div. 15.  District B-P, Business Park District, §§ 27-191 – 27-194
    Div. 16.  District I-1, Light Industrial District, §§ 27-195--27-200.
    Div. 17.  District I-2, Heavy Industrial District, §§ 27-201--27-220.
    Div. 18.  District I-3, Limited Industrial District, §§ 27-211--27-220.
Art. VIII. Special and Overlay Districts, §§ 27-221--27-280.
    Div. 1.    Mixed Use Special District, §§ 27-221--27-230.
    Div. 2.    Planned Development Overlay District, §§ 27-231--27-240.
    Div. 3.    Flood Plain Overlay District, §§ 27-241--27-260.
    Div. 4.    Airport Overlay District, §§ 27-261--27-280.
    Div. 5.    Wellhead Protection Overlay District, §§ 27-271--27-279
    Div. 6.    North Fork of the Elkhorn River Overlay District, §§ 27-280.01--27-280.06
   
Art.   IX. Supplemental Regulations, §§ 27-281--27-300.
Art.    X. Landscaping and Screening, §§ 27-301--27-320
Art.   XI. Signs, §§ 27-321--27-340.
Art.  XII. Off-street Parking and Loading, §§ 27-341 - 27-359.
Art.  XIII. Regulation of the Siting of Wireless Telecommunicatings Facilities, §§ 27-360--27-400.
Art.  XIV. Sexually Oriented Businesses, §§ 27-401--27-411.
Art. XV. Land Use Matrix, § 27-601.
   

Chapter 27 Articles I to VI

  

ARTICLE VII.  DISTRICTS

DIVISION 1.  GENERALLY

Sec. 27-61.  Districts designated.

 

For the purposes of regulating and restricting the use of land and the erection, construction, reconstruction, alteration, moving or use of buildings, structures or land, all lands within the corporate limits and within the extraterritorial jurisdiction of the city are hereby divided into the following districts:

 

District A                      Agricultural District

District R-R                  Rural Residential District

District S-R                  Suburban Residential District

District R-1                  Single-family Residential District

District R-2                  One and Two Family Residential District

District R-3                  Multiple-family Residential District

District R-M                 Mobile Home District

District R-O                 Limited Residential Office District

District O-D                 Office District

District C-1                  Local Business District

District C-2                  Central Business District

District C-2A               Special Business District

District C-3                  Service Commercial District

District B-P                  Business Park District

District I-1                    Light Industrial District

District I-2                    Heavy Industrial District

District I-3                    Limited Industrial District

 

Source:  Ord. No. 4603, § 1, 9-16-02

 

Sec. 27-62.  Use Matrix and Use Lists by District.

 

(1)       This chapter includes lists of uses within the district regulations and a use matrix designated as Sec. 27-401.  Generally, these listed uses and the matrix are considered to be cumulative and together describe all the uses permitted within the zoning district.  In cases where the uses listed in the district regulations provide more restrictive development controls or special regulations than the use matrix provides, the listed uses in the district regulations shall be considered superior. 

 

(2)       Uses not listed under the district regulations or in the land use matrix set forth in Sec. 27-401 of this chapter may be placed in a suitable district classification by the zoning official after considering the zoning classification of other similar or related uses. 

 

Source:  Ord. No. 4603, § 1, 9-16-02

 

Secs. 27-63--27-70.  Reserved.

 

DIVISION 2.  DISTRICT A, AGRICULTURAL DISTRICT

Sec. 27-71.  Intent - District A.

 

The Agricultural District (A) is intended to recognize the use of agricultural land for purposes of farming and other agricultural practices and to protect the land from premature urbanization.  It is essential that scattered, indiscriminate urban development within areas best suited for agriculture be precluded and that orderly urban development be facilitated.  This district is designed to maintain complete agricultural uses within the Norfolk extraterritorial jurisdiction until such time as the natural growth of the municipality precludes preservation thereof.

 

Source:  Ord. No. 4603, § 1, 9-16-02; Ord. No. 5521, § 1, 2-20-18;

 

Sec. 27-72.  Permitted uses - District A.

 

In District A, no building, structure, land, or premises shall be used, and no building or structure shall be hereafter erected, constructed, reconstructed, moved, or altered as a permitted use, except for one or more of the following or as provided for in Sec. 27-401: 

 

(1)       Agriculture, including agricultural accessory buildings without limit to total floor area.

 

(2)       Single-family residential dwellings.

 

(3)       Manufactured home dwelling as defined by Sec. 27-2. 

 

(4)       Religious assemblies.

 

(5)        Community buildings, museums, and libraries.

 

(6)       Philanthropic institutions or other public institutions.

 

(7)       Publicly owned parks and playgrounds including public recreation or service buildings within such parks, public administrative buildings, police and fire stations, and public utility buildings and structures other than communication towers.

 

(8)       Schools and private schools. 

 

(9)       Railroad rights-of-way not including railroad yards or buildings.

 

(10)       Cemeteries and mortuaries.

 

(11)     Home occupations.

 

(12)     Non-agricultural accessory buildings less than the smaller of 5% of the total lot area or 3,500 square feet. The accessory building shall not be utilized for any non-residential use unless said use is a permitted use within the district.

 

(13)     Soil extraction for public road purposes when meeting the requirements set forth in Section 27-293.  

 

Source:  Ord. No. 4603, § 1, 9-16-02; Ord. 4679, § 1, 8-18-03; Ord. No. 5444, § 4, 12-19-16; Ord. No. 5521, § 2, 2-20-18;

 

Sec. 27-73.  Conditional uses - District A.

 

In District A, the following conditional uses, as well as those provided for in Sec. 27-401, may be allowed.  Any conditional use permit shall include as minimal conditions those conditions specifically set forth in this section for each conditional use listed.  Additional conditions, stipulations, or restrictions may also be required as is deemed necessary for the protection of the public interest.

 

(1)       Non-agricultural accessory buildings with a combined floor area in excess of  the smaller of 5% of the total lot area or 3,500 square feet.  The accessory building shall not be utilized for any non-residential use unless said use is a permitted use within the district.

 

(2)       Fish hatcheries, apiaries and aviaries.

 

a.         Minimum lot size:  Two (2) acres.

 

b.         Parking shall be not be closer than fifty (50) feet to any property line and shall be screened from adjacent properties.

 

(3)       Fur farming for the raising of fur bearing animals.

 

a.         Minimum lot size:  Two (2) acres.

 

b.         Parking shall be screened from adjacent properties and shall not be located closer than fifty (50) feet to any property line.

 

c.         There shall be no processing of animals or animal pelts on the premises.

 

d.         No pens shall be located closer than two hundred (200) feet to any residentially zoned district.

 

(4)       Golf courses and customary accessory uses including club houses, driving ranges and other similar activities.

 

a.         No parking shall be allowed within fifty (50) feet of a property line and shall be screened from adjacent properties. 

 

b.         All principal or accessory structures shall be set back a minimum of one hundred (100) feet from any property line.

 

(5)       Hospitals, sanitariums, licensed elderly and handicapped facilities.

 

a.         Minimum lot size:  Two (2) acres.

 

b.         Parking shall be screened from adjacent properties and shall not be located closer than fifty (50) feet to any property line.

 

(6)       Keeping of livestock or poultry on less than ten (10) acres.

 

a.         Minimum lot size:  Three (3) acres.

 

b.         Livestock or poultry shall be located or kept not less than one hundred (100) feet from any residentially zoned district and shall not be located closer than fifty (50) feet from any property line.

 

(7)      Kennels, commercial.

 

a.         Minimum lot size:  Two (2) acres.

 

b.         Parking shall be screened from adjacent properties and shall not be located closer than fifty (50) feet to any property line.

 

c.         Buildings and pens used to breed, raise or keep animals shall be located not less than two hundred (200) feet from any residentially zoned district and shall not be located closer than one hundred (100) feet from any property line.

 

(8)       Nurseries, greenhouses and truck gardens.

 

a.         Minimum lot size:  Two (2) acres.

 

b.         Parking shall be screened from adjacent properties and shall not be located closer than fifty (50) feet to any property line.

 

c.         All buildings and structures used to store or maintain equipment or produce shall be located not closer than one hundred (100) feet to any property line.

 

(9)      Private recreation facilities.

 

a.         Minimum lot size:  Two (2) acres.

 

b.         Parking shall be screened from adjacent properties and shall not be located closer than fifty (50) feet to any property line.

 

c.         No building shall be closer than one hundred (100) feet to an adjacent property line.

 

d.         Outdoor lighting shall be directed so as not to cast direct light upon adjacent property.

 

(10)     Stables or riding tracks.

 

a.         Buildings or structures used to maintain or house horses shall not be located closer than one hundred (100) feet to any property line.

 

b.         Buildings and pens used for care or maintenance of horses shall not be located closer than two hundred (200) feet from any residentially zoned district.

 

c.         Maximum number of horses shall be one (1) horse per two (2) acres.

 

(11)     Secondary dwellings located within detached accessory buildings.

 

a.         Minimum lot size:  Five (5) acres.

 

b.         Dwelling space in the secondary dwelling shall be no greater than fifty percent (50%) of the square footage of the main dwelling.

 

c.         Dwelling space in the secondary dwelling shall be no greater than fifty percent (50%) of the square footage of the detached accessory building.

 

d.         The secondary dwelling must be separated from the remainder of the detached accessory building by a one (1) hour fire wall.

 

e.         Size limitations for the accessory structure must be complied with notwithstanding inclusion of the dwelling space in the accessory structure.

 

Source:  Ord. No. 4099, § 1, 7-17-95; Ord. No. 4238, § 2-3-97; Ord. No. 4603, § 1, 9-16-02; Ord. No. 5145, § 2, 12-20-10

 

Sec. 27-74.  Height and area regulations - District A.

 

(a)  In District A, unless otherwise specified, the maximum height and minimum lot requirements shall be as follows:

 

 

Minimum Lot Area

Max Height

Min Front Yard

Min Side Yard

Min Rear Yard

Lot Width

Max. Building Coverage Max. Impervious Coverage

Permitted Uses

40 acres

35’

See (2) below

50’

15’

50’

200’

N/A N/A

Conditional Uses

40 acres

35’

See (2) below

50’

15’

50’

200’

 

N/A N/A

(1) An area of 39 acres shall be treated as satisfying the 40 acre requirement.

(2) With a conditional use permit, height may be increased except that in all instances must comply with airport zoning.

 

(b)  Where a lot in separate ownership as of the effective date of this chapter has less area and/or width than herein required, this regulation shall not prohibit the erection of a single-family dwelling.

 

(c)  Minimum first story size of a dwelling shall be six hundred fifty (650) square feet of living floor area.

 

(d)  Accessory buildings and structures shall comply with the requirements of Sec. 27-287. 

 

Source:  Ord. No. 4603, § 1, 9-16-02; Ord. No. 5413, § 1, 7-5-16; Ord. No. 5521, § 3, 2-20-18;

 

DIVISION 3.  DISTRICT R-R, RURAL RESIDENTIAL DISTRICT

Sec. 27-75. Intent – District R-R

 

The Rural Residential District (R-R) is intended to provide for rural residential use of land, accommodating very low and low density residential environments.  It provides for the transition of agricultural land to low-density forms of residential development that are designed to combine aspects of urban living with rural life.  The district’s regulations assure that density is developed consistent with land use policies of the comprehensive plan regarding rural subdivisions; levels of infrastructure; and environmentally sensitive development practices.  It is designed for use in areas that are outside of the city’s probable urban development limit that may be unlikely to receive both city water and sewer service.  In these areas, permanent development of houses using wells or other private water supplies and septic systems or other self-contained wastewater systems are allowable. 

 

Source:  Ord. No. 4603, § 1, 9-16-02

 

Sec. 27-76.  Permitted uses – District R-R

 

In District R-R, no building, structure, land, or premises shall be used, and no building or structure shall be hereafter erected, constructed, reconstructed, moved, or altered as a permitted use, except for one or more of the following or as provided for in Sec. 27-401: 

 

(1)       Crop product.

 

(2)       Single-family residential.

 

(3)       Manufactured home dwellings.

 

(4)       Religious assemblies.

 

(5)        Community buildings, museums, and libraries.

 

(6)       Philanthropic institutions or other public institutions.

 

(7)       Publicly owned parks and playgrounds including public recreation or service buildings within such parks, public administrative buildings, police and fire stations, and public utility buildings and structures.

 

(8)       Schools and private schools. 

 

(9)       Railroad rights-of-way not including railroad yards or buildings.

 

(10)       Cemeteries and mortuaries.

 

(11)     Home occupations.

 

(12)     Non-agricultural accessory buildings less than the smaller of 5% of the total lot area or 3,000 square feet. The accessory building shall not be utilized for any non-residential use unless said use is a permitted use within the district.

 

(13)     Soil extraction for public road purposes when meeting the requirements set forth in Section 27-293.  

 

Source:  Ord. No. 4603, § 1, 9-16-02; Ord. 4679, § 2, 8-18-03; Ord. No. 5444, § 5, 12-19-16;

 

Sec. 27-77.  Conditional uses - District R-R

 

In District R-R, the following conditional uses, as well as those provided for in Sec. 27-401, may be allowed.  Any conditional use permit shall include as minimal conditions those conditions specifically set forth in this section for each conditional use listed.  Additional conditions, stipulations, or restrictions may also be required as is deemed necessary for the protection of the public interest.

 

(1)       Non-agricultural accessory buildings with a combined area in excess of the smaller of 5% of the total lot area or 3,000 square feet.  The accessory building shall not be utilized for any non-residential use unless said use is a permitted use within the district.

 

(2)       Fish hatcheries, apiaries and aviaries.

 

a.         Minimum lot size: Two (2) acres.

 

b.         Parking shall be not be closer than fifty (50) feet to any property line and shall be screened from adjacent properties.

 

(3)       Fur farming for the raising of fur bearing animals.

 

a.        Minimum lot size:  Two (2) acres.

 

b.        Parking shall be screened from adjacent properties and shall not be located closer than fifty (50) feet to any property line.

 

c.        There shall be no processing of animals or animal pelts on the premises.

 

d.        No pens shall be located closer than two hundred (200) feet to any residentially zoned district.

 

(4)       Golf courses and customary accessory uses including club houses, driving ranges and other similar activities.

 

a.        No parking shall be allowed within fifty (50) feet of a property line and shall be screened from adjacent properties. 

 

b.        All principal or accessory structures shall be set back a minimum of one hundred (100) feet from any property line.

 

(5)       Hospitals, sanitariums, licensed elderly and handicapped facilities.

 

a.        Parking shall be screened from adjacent properties and shall not be located closer than fifty (50) feet to any property line.

 

(6)       Animal production

 

a.        Breeding and raising of small animals and fowl, such as birds, rabbits, chinchilla, and hamsters is permitted provided that any building housing such animals shall be at least 50 feet from any property line and 100 feet from any residentially zoned district.

 

b.        Any lot of one acre and over may maintain one horse, llama, or other equine and/or hoofed animal and its immature offspring.  Such a lot may have one additional animal for each additional two acres of lot area.  No stable shall be located closer than 50 feet to any dwelling unit on the site or 100 feet from any residentially zoned district.

 

(7)       Kennels, commercial.

 

a.        Minimum lot size: Two (2) acres.

 

b.        Parking shall be screened from adjacent properties and shall not be located closer than fifty (50) feet to any property line.

 

c.        Buildings and pens used to breed, raise or keep animals shall be located not less than two hundred (200) feet from any residentially zoned district and shall not be located closer than one hundred (100) feet from any property line.

 

(8)       Nurseries, greenhouses and truck gardens.

 

a.         Minimum lot size: Two (2) acres.

 

b.         Parking shall be screened from adjacent properties and shall not be located closer than fifty (50) feet to any property line.

 

c.         All buildings and structures used to store or maintain equipment or produce shall be located not closer than one hundred (100) feet to any property line.

 

(9)       Private recreation facilities.

 

a.         Minimum lot size: Two (2) acres.

 

b.         Parking shall be screened from adjacent properties and shall not be located closer than fifty (50) feet to any property line.

 

c.         No building shall be closer than one hundred (100) feet to an adjacent property line.

 

d.         Outdoor lighting shall be directed so as not to cast direct light upon adjacent property.

 

(10)     Stables or riding tracks.

 

a.         Buildings or structures used to maintain or house horses shall not be located closer than one hundred (100) feet to any property line.

 

b.         Buildings and pens used for care or maintenance of horses shall not be located closer than two hundred (200) feet from any residentially zoned district.

 

c.         Maximum number of horses shall be one (1) horse per two (2) acres.

 

(11)      Secondary dwellings located within detached accessory buildings.

 

a.         Minimum lot size:  Three (3) acres.

 

b.         Dwelling space in the secondary dwelling shall be no greater than fifty percent (50%) of the square footage of the main dwelling.

 

c.         Dwelling space in the secondary dwelling shall be no greater than fifty percent (50%) of the square footage of the detached accessory building.

 

d.         The secondary dwelling must be separated from the remainder of the detached accessory building by a one (1) hour fire wall.

 

e.         Size limitations for the accessory structure must be complied with notwithstanding inclusion of the dwelling space in the accessory structure.

 

Source:  Ord. No. 4603, § 1, 9-16-02; Ord. No. 5145, § 3, 12-20-10

 

Sec. 27-78.  Height and area regulations – District R-R

 

In District R-R, unless otherwise specified, the maximum height and minimum lot requirements shall be as follows:

 

  Site Area per Housing Unit Minimum Lot Area Max Height Min Front Yard Min Side Yard Min Rear Yard Lot Width
Permitted Uses 1 acre; 3 acres if a septic system or other individual treatment system is used 1 acre; 3 acres if a septic system or other individual treatment system is used 35’
See (1) below
50’ 15’ 50’ 100’
Conditional Uses   1 acre 35’
See (1) below
50’ 15’ 50’ 100’

(1) With a conditional use permit, height may be increased except that in all instances must comply with airport zoning.

Source:  Ord. No. 4603, § 1, 9-16-02; Ord. No. 5413, § 2, 7-5-16

 

Secs. 27-79--27-80.  Reserved

 

DIVISION 4.  DISTRICT S-R, SUBURBAN RESIDENTIAL DISTRICT

Sec. 27-81.  Intent - District S-R.

 

The Suburban Residential District (S-R) is intended to provide for large lot, single-family dwelling development.  This district is intended to provide a generally stable residential area with such supporting community services as parks, playgrounds, schools and religious assemblies. 

 

Source:  Ord. No. 4603, § 1, 9-16-02; Ord. No. 5444, § 6, 12-19-16;

 

Sec. 27-82.  Permitted uses - District S-R.

 

In District S-R, no building, structure, land, or premises shall be used, and no building or structure shall be hereafter erected, constructed, reconstructed, moved, or altered as a permitted use, except for one or more of the following or as provided for in Sec. 27-401:

 

(1)       Single-family residential (detached).

 

(2)       Manufactured home dwellings.

 

(3)       Publicly owned and operated community buildings, public museums, public libraries. 

 

(4)       Publicly owned parks and playgrounds including public recreation or service buildings within such parks, public administrative buildings, police and fire stations, and public utility buildings and structures.

 

(5)       Schools and private schools.

 

(6)       Railroad rights-of-way, not including buildings or yards.

 

(7)       Home occupations.

 

(8)       Accessory buildings with a combined floor area of less than the smaller of 5% of the total lot area or 2,500 square feet. The accessory building shall not be utilized for any non-residential use unless said use is a permitted use within the district.

 

(9)       Soil extraction for public road purposes when meeting the requirements set forth in Section 27-293.  

 

Source:  Ord. No. 4603, § 1, 9-16-02; Ord. 4679, § 3, 8-18-03 

 

Sec. 27-83.  Conditional uses - District S-R.

 

In District S-R, the following conditional uses, as well as those provided for in Sec. 27-401, may be allowed.  Any conditional use permit shall include as minimal conditions those conditions specifically set forth in this section for each conditional use listed.  Additional conditions, stipulations, or restrictions may also be required as is deemed necessary for the protection of the public interest.

 

(1)       Accessory buildings with a combined floor area in excess of  the smaller of 5% of the total lot area or 2,500 square feet.  Accessory buildings shall not be utilized for any non-residential use unless said use is a permitted use within the district.

 

(2)       Religious assemblies.

 

a.         Minimum lot size:  15,000 square feet.

 

b.         No parking shall be located closer than ten (10) feet to any property line.  Such parking shall be screened from adjacent properties.

 

(3)        Philanthropic institutions or other semi-public institutions.

 

a.         Minimum lot size:  15,000 square feet.

 

b.         No parking shall be located closer than ten (10) feet to any property line.  Such parking shall be screened from adjacent properties.

 

(4)       Golf courses and customary accessory uses including club houses, driving ranges and other similar activities.

 

a.         No parking shall be allowed within fifty (50) feet of a property line and shall be screened from adjacent residential properties. 

 

b.         All principal or accessory structures shall be set back a minimum of one hundred (100) feet from any property line.

 

(5)       Private stables.

 

a.         Minimum lot size:  Two (2) acres.

 

b.         Such uses shall not provide for boarding of horses or commercial related boarding operations.

 

c.         There shall not be more than one (1) horse per two (2) acres.

 

(6)       Temporary real estate offices.

 

a.         Such offices shall be located on property being sold and limited to the period of sale but not to exceed two (2) years.

 

b.         Building and setback regulations and lot size requirements shall be the same as for single-family dwellings.

 

(7)       Utility substations.

 

Facilities shall be screened from all adjacent uses.

 

(8)       Secondary dwellings located within detached accessory buildings.

 

a.         Minimum lot size:  Three (3) acres.

 

b.         Dwelling space in the secondary dwelling shall be no greater than fifty percent (50%) of the square footage of the main dwelling.

 

c.         Dwelling space in the secondary dwelling shall be no greater than fifty percent (50%) of the square footage of the detached accessory building.

 

d.         The secondary dwelling must be separated from the remainder of the detached accessory building by a one (1) hour fire wall.

 

e.         Size limitations for the accessory structure must be complied with notwithstanding inclusion of the dwelling space in the accessory structure.

 

Source:  Ord. No. 4099, § 1, 7-17-95; Ord. No. 4238, § 1, 2-3-97; Ord. No. 4603, § 1, 9-16-02; Ord. No. 5145, § 4, 12-20-10; Ord. No. 5444, § 7, 12-19-16;

 

Sec. 27-84.  Height and Area Regulations - District S-R.

 

(a)  In District S-R, unless otherwise specified, the maximum height and minimum lot requirements shall be as follows:

 

  Max Height Front Yard Side
Yard
Rear
Yard
Lot
Width
Lot
Area
Max Building Coverage
Permitted Uses 35’
See (4) below
35’ 10'
See (1) below
for additional
requirements
See
(2)
below
80’ 12,000 sq. ft. 25%
Conditional Uses (3) 35’
See (4) below
35’ 10'
See (1) below
for additional
requirements
See
(2)
below
80’ 12,000 sq. ft. 25%

(1)   Buildings on corner lots shall provide a side yard on the street side of not less than twenty-five (25) feet; provided, however, this regulation shall not reduce the buildable width of a corner lot in separate ownership as of the effective date of this chapter to less than thirty-five (35) feet.

(2)   The depth of the rear yard shall be at least twenty percent (20%) of the depth of the lot, but such depth need not be more than thirty (30) feet.

(3)   Unless modified as a part of a site plan or conditional use permit.

(4)    With a conditional use permit, height may be increased except that in all instances must comply with airport zoning.

 

(b)  Where a lot in separate ownership as of the effective date of this chapter has less area and/or width than herein required, this regulation shall not prohibit the erection of a single-family dwelling.

 

(c)  Minimum first story size of a dwelling shall be six hundred fifty (650) square feet of living floor area.

 

(d)  Accessory buildings and structures shall comply with the requirements of Sec. 27-287. 

 

Source:  Ord. No. 4603, § 1, 9-16-02; Ord. No. 5413, § 3, 7-5-16

 

Secs. 27-85--27-90.  Reserved.

 

DIVISION 5.  DISTRICT R-1, SINGLE-FAMILY RESIDENTIAL DISTRICT

Sec. 27-91.  Intent - District R-1.

 

The Single-family Residential District (R-1) is intended for both developed and developing portions of the city.  This district is typically for single-family residences but does have a larger list of potential conditional uses which may be appropriate in some areas of this district. 

 

Source:  Ord. No. 4603, § 1, 9-16-02

 

Sec. 27-92.  Permitted uses - District R-1.

 

In District R-1, no building, structure, land, or premises shall be used, and no building or structure shall be hereafter erected, constructed, reconstructed, moved, or altered as a permitted use, except for one or more of the following or as provided for in Sec. 27-401:

 

(1)       Single-family residential (detached).

 

(2)       Manufactured home dwellings.

 

(3)       Religious assemblies.

 

(4)        Community buildings, public museums and public libraries.

 

(5)       Publicly owned parks and playgrounds, including public recreation or service buildings within such parks, public administrative buildings and police and fire stations.

 

(6)       Schools and private schools.

 

(7)       Railroad rights-of-way not including railroad yards or buildings.

 

(8)       Home occupations. 

 

(9)       Accessory buildings with a combined floor area less than the greater of 8% of the total lot area or 864 square feet, provided that no building shall exceed 2,000 square feet. The accessory building shall not be utilized for any non-residential use unless said use is a permitted use within the district.

 

(10)       Soil extraction for public road purposes when meeting the requirements set forth in Section 27-293.  

 

Source:  Ord. No. 4603, § 1, 9-16-02; Ord. 4679, § 4, 8-18-03; Ord. No. 5444, § 8, 12-19-16;

 

Sec. 27-93.  Conditional uses - District R-1.

 

In District R-1, the following conditional uses, as well as those provided for in Sec. 27-401, may be allowed.  Any conditional use permit shall include as minimal conditions those conditions specifically set forth in this section for each conditional use listed.  Additional conditions, stipulations, or restrictions may also be required as is deemed necessary for the protection of the public interest.

 

(1)       Accessory buildings with a combined floor area in excess of the greater of 8% of the total lot area or 864 square feet. The accessory building shall not be utilized for any non-residential use unless said use is a permitted use within the district. 

 

(2)       Golf courses and customary accessory uses including club houses and driving ranges; except that miniature golf, driving ranges and other similar activities operated as a stand-alone business shall not be allowed.

 

a.         No parking shall be allowed within fifty (50) feet of a property line and shall be screened from adjacent residential properties. 

 

b.         All principal or accessory structures shall be set back a minimum of one hundred (100) feet from any property line.

 

(3)       Temporary real estate offices.

 

a.         Such offices shall be located on property being sold and limited to the period of sale but not to exceed two (2) years.

 

b.         Building and setback regulations and lot size requirements shall be the same as for single-family dwellings.

 

Source:  Ord. No. 4238, § 1, 2-3-97; Ord. No. 4603, § 1, 9-16-02

 

Sec. 27-94.  Height and Area Regulations - District R-1.

 

(a)  In District R-1, unless otherwise specified, the maximum height and minimum lot requirements shall be as follows:

 

  Max Height Front Yard Side
Yard
Rear Yard Lot Width Lot
Area
Max Building Coverage
Single-Family Permitted Uses 35’
See (5)
below
25’ 7'
See (1) below
for additional
requirements
See
(2)
below
70’ 7,000 sq. ft. 40%
Other Permitted Uses 35’
See (5)
below
25’ 7'
See (1) below
for additional
requirements
See
(2)
below
70’ 7,000 sq. ft. 40%
Conditional Uses (3) 35’
See (5)
below
25’ 7'
See (1) below
for additional
requirements
See
(2)
below
70’ 7,000 sq. ft. 40%

(1)   Buildings on corner lots shall provide a side yard on the street side of not less than twenty-five (25) feet; provided, however, this regulation shall not reduce the buildable width of a corner lot in separate ownership as of the effective date of this chapter to less than thirty-five (35) feet.

(2)   The depth of the rear yard shall be at least twenty percent (20%) of the depth of the lot, but such depth need not be more than thirty (30) feet.

(3)   Unless modified as a part of a site plan or conditional use permit.

(4)   Maximum lot size shall not exceed 2 acres.

(5)    With a conditional use permit, height may be increased except that in all instances must comply with airport zoning.

 

(b)  Where a lot in separate ownership as of the effective date of this chapter has less area and/or width than herein required, this regulation shall not prohibit the erection of a single-family dwelling.

 

(c)  Minimum first story size of a dwelling shall be six hundred fifty (650) square feet of living floor area.

 

(d)  Accessory buildings and structures shall comply with the requirements of Sec. 27-287. 

 

Source:  Ord. No. 4392, § 1, 2-1-99; Ord. No. 4603, § 1, 9-16-02; Ord. No. 5413, § 4, 7-5-16

Secs. 27-95--27-100.  Reserved.

 

DIVISION 6.  DISTRICT R-2, ONE AND TWO FAMILY RESIDENTIAL DISTRICT

Sec. 27-101.  Intent - District R-2.

 

The One and Two Family Residential District (R-2) is intended as a moderate density, single and two family dwelling district.  It recognizes existing, developed neighborhoods as well as promoting small lots for affordable housing options.  As such it is essential that the height and area requirements be maintained. 

 

Source:  Ord. No. 4603, § 1, 9-16-02

 

Sec. 27-102.  Permitted uses - District R-2.

 

In District R-2, no building, structure, land, or premises shall be used, and no building or structure shall be hereafter erected, constructed, reconstructed, moved, or altered as a permitted use, except for one or more of the following or as provided for in Sec. 27-401: 

 

(1)       Single-family residential (detached and attached).

 

(2)       Manufactured home dwellings.

 

(3)       Duplex residential.

 

(4)       Religious assemblies.

 

(5)        Community buildings, museums and libraries.

 

(6)       Publicly owned parks and playgrounds, including public recreations or service buildings with such parks, public administrative buildings and police and fire stations.

 

(7)       Schools and private schools.

 

(8)       Railroad rights-of-way not including railroad yards or buildings.

 

(9)       Home occupations.

 

(10)       Soil extraction for public road purposes when meeting the requirements set forth in Section 27-293.  

 

Source:  Ord. No. 4603, § 1, 9-16-02; Ord. 4679, § 5, 8-18-03; Ord. No. 5444, § 9, 12-19-16;

 

Sec. 27-103.  Conditional uses - District R-2.

 

In District R-2, the following conditional uses, as well as those provided for in Sec. 27-401, may be allowed.  Any conditional use permit shall include as minimal conditions those conditions specifically set forth in this section for each conditional use listed.  Additional conditions, stipulations, or restrictions may also be required as is deemed necessary for the protection of the public interest.

 

(1)       Golf courses and customary accessory uses including club houses and driving ranges; except that miniature golf, driving ranges and other similar activities operated as a stand-alone business shall not be allowed.

 

a.         No parking shall be allowed within fifty (50) feet of a property line and shall be screened from adjacent residential properties. 

 

b.         All principal or accessory structures shall be set back a minimum of one hundred (100) feet from any property line.

 

(2)       Temporary real estate offices.

 

a.         Such offices shall be located on property being sold and limited to the period of sale but not to exceed two (2) years.

 

b.         Building and setback regulations and lot size requirements shall be the same as for single-family dwellings.

 

(3)       Townhouse residential with no more than four (4) units attached in a single structure. 

 

Source:  Ord. No. 4603, § 1, 9-16-02

 

Sec. 27-104.  Height and Area Regulations - District R-2.

 

(a)   In District R-2, unless otherwise specified, the maximum height and minimum lot requirements shall be as follows:

 

  Max Height Front Yard Side
Yard
Rear
Yard
Lot Width Site Area per Unit Min
Lot Area
Building Coverage
Single-Family Detached Permitted Uses 35’
See (5)
below
25’ 7’
See (1) below
See (2) below 50’ 5,000 5,000 sq. ft. 50%
Single-Family Detached (zero lot line) 35’
See (5)
below
25’ 14’ one side, 0’ opposite side.  See (1) below See (2) below 50’ 5,000 5,000 sq. ft. 50%
Single-Family Attached Permitted Uses 35’
See (5)
below
25’ 7’
See (1) below
See (2) below 40’ 5,000 4,000 sq. ft. 50%
Duplex Permitted Uses 35’
See (5)
below
25’ 7’
See (1) below
See (2) below 60’ 3,000 6,000 sq. ft. 50%
Townhouse Conditional Uses 35’
See (5) below
25’ 7’
See (1) below
See (2) below 25’ 4,000 3,000 sq. ft. 50%
Conditional Uses (3) 35’
See (5) below
25’ 7’
See (1) below
See (2) below 50’   5,000 sq. ft. 50%

(1)   Buildings on corner lots shall provide a side yard on the street side of not less than twenty-five (25) feet; provided, however, this regulation shall not reduce the buildable width of a corner lot in separate ownership as of the effective date of this chapter to less than thirty-five (35) feet.

(2)   The depth of the rear yard shall be at least twenty percent (20%) of the depth of the lot, but such depth need not be more than thirty (30) feet.  On corner lots, twenty percent (20%) of the shortest lot dimension may be used as the required rear yard setback.

(3)   Unless modified as a part of a site plan or conditional use permit. 

(4)   Maximum lot size shall not exceed 2 acres.

(5)    With a conditional use permit, height may be increased except that in all instances must comply with airport zoning.

 

(b)   Where a lot in separate ownership as of the effective date of this chapter has less area and/or width than herein required, this regulation shall not prohibit the erection of a single-family dwelling or other permitted use meeting the area requirements.

 

(c)   Minimum first story size of a dwelling unit shall be six hundred fifty (650) square feet of living floor area.

 

(d)   Zero lot lines shall be allowed for single-family detached residential structures.  Zero lot line requirements shall be as follows:

 

(1)       When a zero lot line is utilized:

 

a.         The opposite side yard shall be fourteen (14) feet.

 

b.         There shall be provided a five (5) foot easement on the adjoining lot for maintenance, repair, and roof drainage.

 

c.         In no case shall there be less than fourteen (14) feet between buildings.

 

d.         There shall be no openings in a wall on a zero lot line.

 

(2)       The zero lot line and easements shall be established on the subdivision plat.

 

(3)       There shall be a rear yard of at least twenty (20) feet.

 

(4)       A party wall agreement shall be recorded in the office of the Register of Deeds prior to issuance of a certificate of occupancy.  Such agreement shall set terms for maintenance and upkeep of the entire structure and individual units including color, materials and access for maintenance and repairs.

 

(e)   Accessory buildings and structures shall comply with the requirements of Sec. 27-287.  The total square footage of floor area for accessory buildings, including detached garages, shall not exceed eight hundred sixty-four (864) square feet per dwelling unit. 

 

Source:  Ord. No. 4132, § 1, 11-20-95; Ord. No. 4392, § 2, 2-1-99; Ord. No. 4603, § 1, 9-16-02; Ord. No. 4960, § 1, 8-6-07; Ord. No. 4966, § 1, 9-4-07; Ord. No. 5040, § 1, 11-03-08; Ord. No. 5413, § 5, 7-5-16

 

Secs. 27-105--27-110.  Reserved.

 

DIVISION 7.  DISTRICT R-3, MULTIPLE-FAMILY RESIDENTIAL DISTRICT

Sec. 27-111.  Intent - District R-3.

 

The Multiple-family Residential District (R-3) is designed to promote a diversity of apartment living opportunities.  It will also be appropriate for older developed areas, which include single-family dwellings. 

 

Source:  Ord. No. 4603, § 1, 9-16-02

 

Sec. 27-112.  Permitted uses - District R-3.

 

In District R-3, no building, structure, land, or premises shall be used, and no building or structure shall be hereafter erected, constructed, reconstructed, moved, or altered as a permitted use, except for one or more of the following or as provided for in Sec. 27-401:

 

(1)       Single-family residential (attached and detached).

 

(2)       Manufactured homes.

 

(3)       Duplex residential.

 

(4)       Townhouse residential.

 

(5)       Multiple-family residential.

 

(6)       Group residential.

 

(7)       Boarding and lodging houses.

 

(8)       Fraternity or sorority houses and dormitories.   

 

(9)       Religious assemblies.

 

(10)      Community buildings, museums and libraries.

 

(11)     Publicly owned parks and playgrounds, including public recreation or service buildings within such parks, public administrative buildings and police and fire stations.

 

(12)     Schools and private schools.

 

(13)     Railroad rights-of-way not including railroad yards or buildings.

 

(14)     Home occupations.

 

(15)     Soil extraction for public road purposes when meeting the requirements set forth in Section 27-293.  

 

Source:  Ord. No. 4603, § 1, 9-16-02; Ord. 4679, § 6, 8-18-03; Ord. No. 5444, § 10, 12-19-16;

 

Sec. 27-113.  Conditional uses - District R-3.

 

In District R-3, the following conditional uses, as well as those provided for in Sec. 27-401, may be allowed.  Any conditional use permit shall include as minimal conditions those conditions specifically set forth in this section for each conditional use listed.  Additional conditions, stipulations, or restrictions may also be required as is deemed necessary for the protection of the public interest.

 

(1)       Golf courses and customary accessory uses including club houses and driving ranges; except that miniature golf, driving ranges and other similar activities operated as a stand-alone business shall not be allowed.

 

a.         No parking shall be allowed within fifty (50) feet of a property line and shall be screened from adjacent residential properties. 

 

b.         All principal or accessory structures shall be set back a minimum of one hundred (100) feet from any property line.

 

(2)       Temporary real estate offices.

 

a.         Such offices shall be located on property being sold and limited to the period of sale but not to exceed two (2) years.

 

b.         Building and setback regulations and lot size requirements shall be the same as for single-family dwellings.

 

(3)       Hospitals, sanitariums, and outpatient facilities aimed at reduction of alcoholism or drug addiction.

 

(4)       Private clubs or fraternal orders, except those whose chief activity is operated as a business.

 

a.         All parking shall be prohibited from the required front yard and shall be screened from adjacent properties.

 

b.         Lighted signs shall not be permitted.

 

(5)       Philanthropic or other charitable institutions other than penal institutions.

 

(6)       Bed and breakfast inn.

 

a.         Minimum lot size shall be 7,000 sq. ft.

 

b.         The rooms utilized by guests and occupants of the premises shall be in the principle residential structure.  Separate structures, accessory buildings and garages shall not be utilized as living units or sleeping rooms.

 

c.         The use by a guest shall be temporary only.

 

d.         Two (2) off-street parking spaces shall be provided for each dwelling unit plus one (1) off-street parking space for each sleeping room designated for guests, which parking areas shall not be located in the required front or side yard setback.

 

Source:  Ord. No. 4603, § 1, 9-16-02; Ord No. 4729, § 1, 3-1-04

 

Sec. 27-114.  Height and Area Regulations - District R-3.

 

(a)   In District R-3, unless otherwise specified, the maximum height and minimum lot requirements shall be as follows:

 

  Max Height Min Front Yard Min
Side
Yard
Min
Rear
Yard
Min Lot
Width
Min
Site Area per Unit
Min Lot Area Max
Building Coverage
Single-Family Detached Permitted Uses 35’
See (5) below
25’ 7’
See (1)
below
See (2) below 50’ 5,000 5,000 sq. ft. 60%
Single-Family Attached Permitted Uses 35’
See (5) below
25’ 7’
See (1)
below
See (2) below 40’ 4,000 4,000 sq. ft. 60%
Duplex Permitted Uses 35’
See (5) below
25’ 7’
See (1)
below
See (2) below 60’ 3,000 6,000 sq. ft. 60%
Townhouse Permitted Uses 35’
See (5) below
25’ 7’
See (1)
below
See (2) below 25’ 3,000 2,500 sq. ft. 60%
Multiple-Family Permitted Uses 45’ 25’ 7’
See (1)
below
See (2) below 50’ 2,000 6,000 sq. ft. 60%
Multiple-Family Permitted Uses with building height greater than 45 feet Limited by airport zoning 25’ Greater of
15’ or 40% of building height (1)
Greater of
15’ or 40% of building height (2)
70’ See (3) below 10,000 60%
Conditional Uses (4) 35’
See (5) below
25’ 7’
See (1) below
See (2) below 50’   5,000 sq. ft. 60%

(1)   Buildings on corner lots shall provide a side yard on the street side of not less than twenty-five (25) feet; provided, however, this regulation shall not reduce the buildable width of a corner lot in separate ownership as of the effective date of this chapter to less than thirty-five (35) feet.

(2)   The depth of the rear yard shall be at least twenty percent (20%) of the depth of the lot, but such depth need not be more than thirty (30) feet.  On corner lots, twenty percent (20%) of the shortest lot dimension may be used as the required rear yard setback.

(3)   Multiple-family dwellings with a building height exceeding forty-five (45) feet consisting of five (5) or more dwelling units shall meet the following site area requirements:

        Three or more bedrooms per dwelling unit:   1,000 sq. ft. per unit    

        Two bedrooms per dwelling unit:    850 sq. ft. per unit    

        One bedroom per dwelling unit:      700 sq. ft. per unit    

        Efficiency apartments:       530 sq. ft. per unit    

(4)   Unless modified as part of a site plan or conditional use approval.

(5)    With a conditional use permit, height may be increased except that in all instances must comply with airport zoning.

 

(b)   Where a lot in separate ownership as of the effective date of this chapter has less area and/or width than herein required, this regulation shall not prohibit the erection of a single-family dwelling or other permitted use meeting the area requirements.

 

(c)   Minimum first story size of a dwelling unit shall be six hundred fifty (650) square feet of living floor area.

 

(d)   Zero lot lines shall be allowed for single-family detached residential structures.  Zero lot line requirements shall be as follows:

 

(1)       When a zero lot line is utilized:

 

a.         The opposite side yard shall be fourteen (14) feet.

 

b.         There shall be provided a five (5) foot easement on the adjoining lot for maintenance, repair, and roof drainage.

 

c.         In no case shall there be less than fourteen (14) feet between buildings.

 

d.         There shall be no openings in a wall on a zero lot line.

 

(2)       The zero lot line and easements shall be established on the subdivision plat.

 

(3)       There shall be a rear yard of at least twenty (20) feet.

 

(4)       A party wall agreement shall be recorded in the office of the Register of Deeds prior to issuance of a certificate of occupancy.  Such agreement shall set terms for maintenance and upkeep of the entire structure and individual units including color, materials and access for maintenance and repairs.

 

(e)   Accessory buildings and structures shall comply with the requirements of Sec. 27-287.  The total square footage of floor area for accessory buildings, including detached garages, shall not exceed eight hundred sixty-four (864) square feet per dwelling unit. 

 

Source:  Ord. No. 4603, § 1, 9-16-02; Ord. No. 5040, § 2, 11-03-08; Ord. No. 5200, § 1, 2-21-12; Ord. No. 5413, §6, 7-5-16

 

Secs. 27-115--27-120.  Reserved.

 

DIVISION 8.  DISTRICT R-M, MOBILE HOME DISTRICT

Sec. 27-121.  Intent - District R-M.

 

The mobile home district (R-M) is intended to recognize that mobile home development, properly planned, can provide important opportunities for affordable housing.  It provides opportunities for mobile home development within planned parks or subdivisions, along with the supporting services necessary to create quality residential neighborhoods. 

 

Source:  Ord. No. 4603, § 1, 9-16-02

 

Sec. 27-122.  Permitted uses - District R-M.

 

In District R-M, no building, structure, land or premises shall be used, and no building or structure shall be hereafter erected, constructed, reconstructed, moved, or altered as a permitted use, except for one or more of the following or as provided for in Sec. 27-401:

 

(1)       Mobile home park; subject to Sec. 27-124.

 

(2)       Mobile home subdivision; subject to Sec. 27-125.

 

(3)       Publicly owned parks and playgrounds, including public recreation or service buildings within such parks, public administrative buildings within such parks, public administrative buildings, police and fire stations.

 

(4)       Religious assemblies.

 

(5)        Community buildings, museums, and libraries.

 

(6)       Golf courses and clubhouses appurtenant thereto; except miniature golf courses, driving ranges and other similar activities operated as a business.

 

(7)       Schools and private schools.

 

(8)       Railroad rights-of-way, not including railroad yards or buildings.

 

(9)       Home occupations.

 

(10)       Privately owned parks, playgrounds, service buildings, and recreation structures intended only for the use by the residents of said mobile home park.

 

(11)     Accessory buildings and structures.

 

(12)     Soil extraction for public road purposes when meeting the requirements set forth in Section 27-293.

 

Source:  Ord. No. 4603, § 1, 9-16-02; Ord. 4679, § 7, 8-18-03; Ord. No. 5444, § 11, 12-19-16;

 

Sec. 27-123.  Height and area regulations - District R-M.

 

(a)  In District R-M, unless otherwise specified, the maximum height and minimum lot requirements shall be as follows:

 

  Max
Height
Front
Yard
Side
Yard
Rear
Yard
Lot
Width
Lot
Area
Mobile Home Park Permitted Uses 35’
See
(3)
below
15’ 5'
See (1) below for additional
Requirements
5’ 45'
See (2)
below for
additional
requirements
4,500 sq. ft.
See (2) below for additional
requirements
Mobile Home
Subdivision
Permitted Uses
35’
See
(3)
below
15’ 5'
See (1) below for additional
requirements
15’ 45'
See (2) below for additional
requirements
4,500 sq. ft.
See (2) below for additional
requirements
Other Permitted Uses 35’
See
(3)
below
25’ 7'
See (1) below for additional
Requirements
15’ 45’ 4,500 sq. ft.
See (2) below for additional
requirements
Conditional Uses 35’
See
(3)
below
25’ 7'
See (1) below for additional
requirements
15’ 45’ 4,500 sq. ft. 
See (2) below for additional
requirements

(1)   Buildings on corner lots shall provide a side yard on the street side of not less than twenty-five (25) feet; provided, however, this regulation shall not reduce the buildable width of a corner lot in separate ownership as the effective date of this chapter to less than thirty-five (35) feet.

(2)   Mobile home parks and subdivisions in existence on the effective date of this chapter which provide mobile home lots having an area and/or width less than prescribed above may continue to operate with lots of existing area and width, provided that any expansion of an existing mobile home park shall in all respects comply with the terms of this article.

(3)    With a conditional use permit, height may be increased except that in all instances must comply with airport zoning.

 

(b)  Where a lot in separate ownership on the effective date of this chapter has less area and/or width than herein required, this section shall not prohibit the placement of a mobile home.

 

(c)  Minimum first story size of a dwelling shall be four hundred (400) square feet of living floor area.

 

(d)  Accessory buildings and structures shall comply with the requirements of Sec. 27-287.  The total square footage of floor area for accessory buildings, including detached garages, shall not exceed six hundred (600) square feet per dwelling unit. 

 

Source:  Ord. No. 4603, § 1, 9-16-02; Ord. No. 5413, § 7, 7-5-16

 

Sec. 27-124.  Mobile home park development standards.

 

Minimum design standards for mobile home parks shall include the following:

 

(1)       The park shall be located on a well-drained site, properly graded to insure adequate drainage and freedom from stagnant pools of water.

 

(2)       Mobile home parks hereafter approved shall have a maximum density of seven (7) mobile homes per gross acre.

 

(3)       Minimum park area:  Ten (10) acres.

 

(4)       Minimum park width:  Three hundred (300) feet.

 

(5)       All mobile homes shall be located to maintain the following separations:

 

a.         End to end:  Ten (10) feet.

 

b.         End to side:  Ten (10) feet.

 

c.         Side to side:  Ten (10) feet.

 

d.         Mobile home to community building:  Thirty (30) feet. 

 

e.         Mobile home to accessory building:  Five (5) feet.

 

(6)       Public streets are subject to the requirements of the subdivision regulations.

 

(7)       If private streets are utilized, the following shall apply:

 

a.         On streets where parallel parking is allowed on both sides of the street, the width of the street shall be a minimum of thirty-six (36) feet exclusive of curbs.

 

b.         On streets where parallel parking is allowed on one side of the street, the width of the street shall be a minimum of thirty (30) feet exclusive of curbs.

 

c.         On streets where parking is prohibited, the width of the street shall be a minimum of twenty-four (24) feet exclusive of curbs.

 

(8)       All roadways shall have unobstructed access to a public street.

 

(9)       All roadways and sidewalks within the mobile home park shall be constructed in accordance with city standards and shall be adequately lighted.  A street must be completely constructed prior to the placement of any mobile home on said street.

 

(10)     Sidewalks shall be provided in locations where pedestrian traffic is concentrated and shall be installed along streets, to the entrance of the office, community building and other important facilities.  Sidewalks shall be four (4) feet in width.

 

(11)     A community building shall be provided which shall include at a minimum a storm shelter for park residents.  The community building may also provide recreational facilities, laundry facilities and other similar uses.

 

(12)     A solid or semi-solid fence or wall, minimum six (6) feet high, maximum eight (8) feet high, shall be provided between the mobile home park district and any adjoining property or property immediately across the alley which is zoned for residential purposes other than for mobile homes.  In lieu of said fence or wall, a landscape buffer may be provided not less than fifteen (15) feet in width, and said landscape buffer shall be planted with coniferous and deciduous plant material so as to provide screening for the park.  When the landscape buffer is used in lieu of the fence or wall, the landscape buffer shall not be included as any part of a required rear yard for a mobile home space.  The fence, wall, or landscape buffer shall be properly policed and maintained by the owner.

 

(13)     An office shall be provided for conducting business pertaining to the mobile home park.  Said office may be located in a mobile home residence.

 

(14)     All mobile home parks shall be developed pursuant to a plan which plan shall be subject to the following: 

 

a.         An applicant for mobile home park shall prepare or cause to be prepared a preliminary mobile home park plan, drawn to a scale of not less than one inch equals one hundred (100) feet, and shall be submitted to the planning commission for its review and recommendations.  Said plan shall be designed in accordance with the minimum design standards as set forth in this section and shall have contours shown at two foot intervals.

 

b.         Upon approval of the preliminary mobile home park plan by the planning commission, the applicant shall prepare and submit a final plan, which shall incorporate any changes or alterations requested.  The final plan and the planning commission recommendation shall be forwarded to the council for their review and final action.

 

c.         Any substantial deviation from the approved plan, as determined by the zoning official or his or her designee, shall constitute a violation of the zoning certificate authorizing construction of the project.  The owner of a mobile home park shall be responsible for such violations.  Changes in plans shall be resubmitted for reconsideration and approval by the planning commission and council prior to the issuance of a zoning certificate. 

 

Source:  Ord. No. 4603, § 1, 9-16-02

 

Sec. 27-125.  Mobile home subdivision development standards.

 

(a)   Each mobile home shall have a minimum width of ten (10) feet and contain a minimum of four hundred (400) square feet of living floor area.

 

(b)   All mobile homes shall be skirted and placed upon a permanent foundation in conformity with city building codes.  Such skirting shall provide a removable access panel to provide easy access to all utility hookups located within the skirted area.

 

(c)   All mobile homes shall meet or exceed the applicable portions of the minimum specifications of the American National Standards Institute Specification A119.1 and the applicable portions of city building codes.

 

(d)   All utility connections shall be in conformance with city and state codes.

 

(e)   A tract proposed for a mobile home subdivision shall not contain less than five (5) acres and shall be platted in accordance with subdivision regulations as set forth in Chapter 23 of this Code.

 

(f)   All mobile home lots shall front on a public right-of-way.

 

(g)   Where a mobile home subdivision abuts an area zoned for residential use other than mobile homes, a solid or semisolid fence or wall six (6) feet in height, or a buffer of trees and shrubs six (6) feet in height and fifteen (15) feet in width, shall be provided between the mobile home subdivision and the adjoining residential area.  When the landscape buffer is used in lieu of said fence or wall, the buffered area shall not be part of any required rear or side yard.

 

(h)   Mobile homes may be offered for sale in the mobile home subdivision by lot owners only. 

 

Source:  Ord. No. 4603, § 1, 9-16-02

 

Secs. 27-126--27-130.  Reserved.

 

DIVISION 9.  DISTRICT R-O, LIMITED RESIDENTIAL OFFICE DISTRICT

Sec. 27-131.  Intent - District R-O.

 

The Limited Residential Office District (R-O) is intended to provide stability for older residential areas along arterial streets.  Generally designated in the comprehensive plan, this district immediately abuts arterial streets in those areas of older single-family dwellings where high traffic volume or age or other factors may reduce the long term viability of single-family residential uses.  These areas are still desirable for some residential uses including multiple-family dwellings or office uses in order to preserve the character of the area.  The character of the area should be such that the office population density ratio should generally equal that required for multiple-family dwellings. 

 

Source:  Ord. No. 4603, § 1, 9-16-02

 

Sec. 27-132.  Permitted uses - District R-O.

 

In District R-O, no building, structure, land, or premises shall be used, and no building or structure shall be hereafter erected, constructed, reconstructed, moved, or altered as a permitted use, except for one or more of the following or as provided for in Sec. 27-401:

 

(1)       For all permitted uses, only existing buildings within the district may be converted internally to a permitted use. 

 

(2)       Single-family residential.

 

(3)       Manufactured home dwellings.

 

(4)       Townhouse residential.

 

(5)       Duplex residential.

 

(6)       Multiple-family residential.

 

(7)       Group Residential

 

(8)       Religious assemblies.

 

(9)        Community buildings, museums and libraries.

 

(10)       Publicly owned parks and playgrounds, including public recreation or service buildings within such parks, public administrative buildings and police and fire stations.

 

(11)     Schools and private schools.

 

(12)     Railroad rights-of-way not including railroad yards or buildings.

 

(13)     Home occupations.

 

(14)     Soil extraction for public road purposes when meeting the requirements set forth in Section 27-293.  

 

Source:  Ord. No. 4603, § 1, 9-16-02; Ord. 4679, § 8, 8-18-03; Ord. No. 5444, § 12, 12-19-16;

 

Sec. 27-133.  Conditional uses - District R-O.

 

In District R-O, the following conditional uses, as well as those provided for in Sec. 27-401, may be allowed.  Any conditional use permit shall include as minimal conditions those conditions specifically set forth in this section for each conditional use listed.  Additional conditions, stipulations, or restrictions may also be required as is deemed necessary for the protection of the public interest.  The exterior character of the building shall not be modified from that of the existing residential structure, other than exterior enlargements or additions required by state and city regulations.

 

(1)       For all conditional uses, only existing buildings within the district may be converted internally to a conditional use. 

 

(2)       Libraries, museums, art galleries, art centers and similar uses.

 

(3)       Bed and breakfast inns where the following additional provisions are met.

 

a.         Rooms utilized by guests and occupants of the premises should be in the principal residential structure.  Separate structures, accessory buildings and garages shall not be utilized as living units or sleeping rooms.

 

b.         The use by a guest shall be temporary only.

 

c.         Two (2) off-street parking spaces shall be provided for each dwelling unit plus one (1) off-street parking space for each sleeping room designated for guests, which parking areas shall not be located in the required front or side yard setbacks; however, existing parking spaces for offices may be used and shall count towards the number of required parking spaces.

 

(4)       Tea rooms.

 

(5)       Offices of the following uses limited to a maximum of four (4) employees including principals and located in an existing building designated and originally occupied as a dwelling.  The residential appearance of the building shall be maintained by not changing the exterior character thereof.  The following uses may be provided where the above conditions are met.

 

a.         Attorneys.

 

b.         Architects, engineers, landscape architects, city planners and other similar professional services.

 

c.         Insurance agents.

 

d.         Stockbrokers.

 

e.         Travel agents.

 

f.          Real estate agents.

 

g.         Research or other service oriented offices not related to the sale of goods or merchandise on the premises. 

 

Source:  Ord. No. 4603, § 1, 9-16-02

 

Sec. 27-134.  Height and Area Regulations - District R-O.

 

(a)   In District R-O, unless otherwise specified, the maximum height and minimum lot requirements shall be as follows:

 

  Max Height Front Yard Side
Yard
Rear
Yard
Lot Width Site Area per Unit Min Lot
Area
Building Coverage
Single-Family Detached Permitted Uses 45’
See (4)
below
25’ 7’
See (1) below
See (2) below 70’ 7,000 7,000 60%
Single-Family Attached Permitted Uses 45’
See (4)
below
25’ 7’
See (1) below
See (2) below 70’ 5,000 4,000 60%
Duplex Permitted Uses 45’
See (4)
below
25’ 7’
See (1) below
See (2) below 70’ 3,000 6,000 60%
Townhouse Permitted Uses 45’
See (4)
below
25’ 7’
See (1) below
See (2) below 70’ 3,000 2,500 for fee-simple lots
6,000 for other sites
60%
Multiple-Family Permitted Uses 45’
See (4)
below
25’ 7’
See (1) below
See (2) below 70’ 2,000 7,000 60%
Conditional Uses (3) 45’
See (4)
below
25’ 7’
See (1) below
See (2) below 70’   7,000 60%

(1)   Buildings on corner lots shall provide a side yard on the street side of not less than twenty-five (25) feet; provided, however, this regulation shall not reduce the buildable width of a corner lot in separate ownership as of the effective date of this chapter to less than thirty-five (35) feet.

(2)   The depth of the rear yard shall be at least twenty percent (20%) of the depth of the lot, or thirty (30) feet, whichever is less.

(3)   Unless modified as a part of a site plan or conditional use approval

(4)    With a conditional use permit, height may be increased except that in all instances must comply with airport zoning.

 

(b)   Where a lot in separate ownership as of the effective date of this chapter has less area and/or width than herein required, this regulation shall not prohibit the erection of a single-family dwelling or other permitted use meeting the area requirements.

 

(c)   Accessory buildings and structures shall comply with the requirements of Sec. 27-287.  The total square footage of floor area for accessory buildings, including detached garages, shall not exceed eight hundred sixty-four (864) square feet per dwelling unit. 

 

Source:  Ord. No. 4392, § 4, 2-1-99; Ord. No. 4603, § 1, 9-16-02; Ord. No. 5413, § 8, 7-5-16

 

Secs. 27-135--27-140.  Reserved.

 

DIVISION 10.  DISTRICT O-D, OFFICE DISTRICT

Sec. 27-141.  Intent - District O-D.

 

The Office District (O-D) is intended to provide a broad range of office, personal service and administrative functions.  This is a non-retail oriented district intended to be used as a transition between more intensive districts and residential uses. 

 

Source:  Ord. No. 4603, § 1, 9-16-02

 

Sec. 27-142.  Permitted uses - District O-D.

 

In District O-D, no building, structure, land, or premises shall be used, and no building or structure shall be hereafter erected, constructed, reconstructed, moved, or altered as a permitted use, except for one or more of the following or as provided for in Sec. 27-401: 

 

(1)       Corporate offices.

 

(2)       General offices.

 

(3)       Medical offices.

 

(4)       Photographic studios provided no goods or products are sold, stocked or inventoried on the premises.  There shall be no retail sales of equipment.

 

(5)       Other similar uses where no merchandise is displayed or retailed on the premises.

 

(6)       Ophthalmologists and optometrists including the retail sale of merchandise related to the practice of ophthalmology and optometry so long as the area being utilized for the sale of retail merchandise does not constitute more than one-third (1/3) of the total area being utilized for said ophthalmology or optometry practice.

 

(7)       Soil extraction for public road purposes when meeting the requirements set forth in Section 27-293.  

 

Source:  Ord. No. 4222, § 3, 11-18-96; Ord. No. 4386, § 1, 11-16-98; Ord. No. 4603, § 1, 9-16-02; Ord. 4679, § 9, 8-18-03; Ord. No. 5438, § 1, 11-21-16

 

Sec. 27-143.  Conditional uses - District O-D.

 

In District O-D, the following conditional uses, as well as those provided for in Sec. 27-401, may be allowed.  Any conditional use permit shall include as minimal conditions those conditions specifically set forth in this section for each conditional use listed.  Additional conditions, stipulations, or restrictions may also be required as is deemed necessary for the protection of the public interest.

 

(1)       Mortuaries and/or funeral home services.

 

(2)       Lawn care services. 

 

(3)        Multiple family dwellings.

 

Source:  Ord. No. 4603, § 1, 9-16-02; Ord. No. 5438, § 1, 11-21-16

 

Sec. 27-144.  Height and Area Regulations - District O-D.

 

In District O-D, unless otherwise specified, the maximum height and minimum lot requirements shall be as follows: 

 

  Max Height Front Yard Side
Yard
Rear
Yard
Lot Width Lot
Area
Max Building Coverage Max Impervious Coverage Max Floor Area Ratio
Permitted Uses 45’
See (4)
below
25’ Greater of
15’ or 40%
of height,
see (1) below
for additional requirements
See (2) below 0’ 7,000 sq. ft. 50% 80% 1.0
Conditional Uses (3) 45’
See (4)
below
25’ Greater of
15’ or 40%
of height,
see (1) below
for additional requirements
See (2) below 0’ 7,000 sq. ft. 50% 80% 1.0

(1)   Buildings on corner lots shall provide a side yard on the street sides of not less than twenty-five (25) feet.

(2)   The depth of the rear yard shall be at least twenty percent (20%) of the depth of the lot, but such depth need not be more than thirty (30) feet.

(3)   Unless modified as a part of a site plan or conditional use approval

(4)    With a conditional use permit, height may be increased except that in all instances must comply with airport zoning.

 

Source:  Ord. No. 4603, § 1, 9-16-02; Ord. No. 5413, § 9, 7-5-16

 

Secs. 27-145--27-150.  Reserved.

 

DIVISION 11.  DISTRICT C-1, LOCAL BUSINESS DISTRICT

Sec. 27-151.  Intent - District C-1.

 

The Local Business District (C-1) is intended to provide a stable area of local retail and services to the surrounding neighborhoods. 

 

Source:  Ord. No. 4603, § 1, 9-16-02

 

Sec. 27-152.  Permitted uses - District C-1.

 

In District C-1, no building, structure, land, or premises shall be used, and no building or structure shall be hereafter erected, constructed, reconstructed, moved, or altered as a permitted use, except for one or more of the following or as provided in Sec. 27-401:

 

(1)       The uses specified below or allowed in this district pursuant to the land use matrix shall not include outdoor storage of material, supplies or equipment unless authorized by conditional use permit.

 

(2)       The uses specified below or allowed in this district pursuant to the land use matrix shall be retail or service establishments exclusively.

 

(3)       Corporate offices.

 

(4)       General offices.

 

(5)       Financial services.

 

(6)       Medical offices.

 

(7)       Convenience food sales.

 

(8)       Limited food sales.

 

(9)       General food sales.

 

(10)     Limited retail services.

 

(11)     Medium retail services.

 

(12)     Personal services.

 

(13)     Bowling alleys, skating rinks, and similar indoor recreational facilities.

 

(14)     Cocktail lounges.

 

(15)     Mortuary, funeral and crematory services.

 

(16)     Automobile service stations including parking lots.

 

(17)     Cafeterias and restaurants not including drive-up windows.

 

(18)     Schools including private schools, dance, music or other occupational or hobby activities.

 

(19)     Off-sale of alcoholic liquor, beer or wine.

 

(20)     Soil extraction for public road purposes when meeting the requirements set forth in Section 27-293.  

 

Source:  Ord. No. 4603, § 1, 9-16-02; Ord. 4679, § 10, 8-18-03

 

Sec. 27-153.  Conditional uses - District C-1.

 

In District C-1, the following conditional uses, as well as those provided for in Sec. 27-401, may be allowed.  Any conditional use permit shall include as minimal conditions those conditions specifically set forth in this section for each conditional use listed.  Additional conditions, stipulations, or restrictions may also be required as is deemed necessary for the protection of the public interest.

 

(1)       Residential located above the ground floor only.

 

(2)       Outdoor storage of materials.

 

(3)       Cafeterias and restaurants utilizing drive-up windows or lanes.

 

(4)       Supermarket.

 

(5)       Lawn care. 

 

Source:  Ord. No. 4603, § 1, 9-16-02

 

Sec. 27-154.  Height and area regulations - District C-1.

 

In District C-1, unless otherwise specified, the maximum height and minimum lot requirements shall be as follows:

 

  Max Height Front Yard Side
Yard
Rear Yard Lot Width Lot Area Max Building Coverage Max Impervious Coverage Max Floor Area Ratio
Permitted Uses 40’
See (4)
below
25’ 0’
See (3) below for additional requirements
15’ 0’ 7,000 sq. ft. 50% 80% 0.5
Conditional Uses (2) 40’
See (4)
below
25’ 0’
See (3) below for additional requirements
15’ 0’ 7,000 sq. ft. 50% 80% 0.5

(1)   Uses are subject to buffering requirements set forth in Article X.

(2)   Unless modified as part of a site plan or conditional use approval.

(3)   A side yard of not less than seven (7) feet shall be required if adjacent to S-R through R-O districts.  Buildings on corner lots shall provide a side yard on the street sides of not less than twenty-five (25) feet.

(4)    With a conditional use permit, height may be increased except that in all instances must comply with airport zoning.

 

Source:  Ord. No. 4603, § 1, 9-16-02; Ord. No. 4796, § 1, 5-2-05; Ord. No. 5413, § 10, 7-5-16

 

Secs. 27-155--27-160. Reserved.

 

DIVISION 12.  DISTRICT C-2, CENTRAL BUSINESS DISTRICT

Sec. 27-161.  Intent - District C-2.

 

The Central Business District (C-2) is intended to be a general purpose broad based retailing district.  It will contain business and commercial activities which serve the entire city. 

 

Source:  Ord. No. 4603, § 1, 9-16-02

 

Sec. 27-162.  Permitted uses - District C-2.

 

In District C-2, no building, structure, land, or premises shall be used, and no building or structure shall be hereafter erected, constructed, reconstructed, moved, or altered as a permitted use, except for one or more of the following or as provided for in Sec. 27-401:

 

(1)       The uses specified below or allowed in this district pursuant to the land use matrix shall not include outdoor storage of material, supplies or equipment; however, outdoor storage of registered motor vehicles shall not be prohibited.

 

(2)       Mortuary, funeral and crematory services. 

 

(3)       Bowling alleys, dance halls, skating rinks, taverns, nightclubs and similar commercial recreation buildings.

 

(4)       Cafeterias and restaurants not including drive-up windows or drive-up lanes, where people are not served in automobiles.

 

(5)       Schools including private schools, dance, music or other occupational or hobby activities. 

 

(6)       Off-sale of alcoholic liquor, beer or wine.

 

(7)       Radio, television stations and broadcasting studios except towers.

 

(8)       Corporate offices.

 

(9)       General offices.

 

(10)     Financial services.

 

(11)     Medical offices.

 

(12)     Convenience food sales.

 

(13)     Limited food sales.

 

(14)     General food sales.

 

(15)     Limited retail services.

 

(16)     Medium retail services.

 

(17)     Personal services.

 

(18)     Cocktail lounges.

 

(19)     Passenger transportation facilities.

 

(20)     Residential located above the ground floor only.  

 

Source:  Ord. No. 4603, § 1, 9-16-02; Ord. 4679, § 11, 8-18-03; Ord. No. 5147, § 2, 12-20-10; Ord. No. 5326, § 1, 11-17-14;

 

Sec. 27-163.  Conditional uses - District C-2.

 

In District C-2, the following conditional uses, as well as those provided for in Sec. 27-401, may be allowed.  Any conditional use permit shall include as minimal conditions those conditions specifically set forth in this section for each conditional use listed.  Additional conditions, stipulations, or restrictions may also be required as is deemed necessary for the protection of the public interest.

 

(1)       Motor vehicle or boat sales rooms or yards.

 

a.         No outdoor storage of supplies shall be allowed.

 

b.         No dismantled vehicles or parts shall be stored or displayed outside of buildings.

 

(2)       Dry cleaning establishments.  No explosive cleaning fluids may be used.

 

(3)       Automobile service stations, provided that all motor vehicle fuel storage tanks are located below the surface of the ground.

 

(4)       Hospitals for small animals and pets.  All animals shall be kept within an enclosed building.

 

(5)       Shops for custom work or manufacturing of articles to be sold at retail on the premises.

 

a.         The space occupied by the manufacturing activity shall not exceed fifty percent (50%) of the total floor area of the entire building.

 

b.         Any manufacturing in conjunction with such work shall not produce noxious or offensive vibrations, noise, odor, dust, smoke or gas.

 

(6)       Nightclubs. 

 

Source:  Ord. No. 4603, § 1, 9-16-02; Ord. No. 5326, § 1, 11-17-14;

 

Sec. 27-164.  Height and area regulations - District C-2.

 

In District C-2, unless otherwise specified, the maximum height and minimum lot requirements shall be as follows:

 

  Max Height Front Yard Side Yard Rear Yard Lot Width Lot Area Max Building Coverage Max Impervious Coverage Max Floor Area Ratio
Permitted Uses 120’
See (5)
below
0
See (1) below
See (2) below 0
(2)
0’ 0’ 100% 100% No limit
Conditional Uses (3) 120’
See (5)
below
0
See (1) below
See (2) below 0
(2)
0’ 0’ 100% 100% No limit

(1)   No front yard is required except that where a lot in District C-2 lies within the same block and fronts upon the same street with a lot in a District R-1 to C-1 inclusive, and where no lot within said District C-2 is occupied by a building with a front yard of less depth than required in that portion of a District R-1 to C-1, inclusive, adjoining, then in such case the front yard requirements of District C-2 shall be the same as District R-1 to C-1, inclusive.

(2)   No side yard is required except that when a side lot line in District C-2 abuts the side lot line of a lot in Districts R-1 to R-O inclusive, an interior side yard of not less than 7 feet shall be provided. 

(3)   All uses subject to buffering regulations set forth in Sec. 27-306 and Sec. 27-307.

(4)   Unless modified as a part of a site plan or conditional use approval.

(5)    With a conditional use permit, height may be increased except that in all instances must comply with airport zoning.

 

Source:  Ord. No. 4603, § 1, 9-16-02; Ord. No. 5198, § 1, 2-6-12; Ord. No. 5413, § 11, 7-5-16

 

Secs. 27-165--27-170.  Reserved.

 

DIVISION 13.  DISTRICT C-2A, SPECIAL BUSINESS DISTRICT

Sec. 27-171.  Intent - District C-2A.

 

The Special Business District (C-2A) is intended to be a general purpose broad based retailing district.  It will contain business and commercial activities which serve the entire city. 

 

Source:  Ord. No. 4603, § 1, 9-16-02

 

Sec. 27-172.  Permitted uses - District C-2A.

 

In District C-2A, no building, structure, land, or premises shall be used, and no building or structure shall be hereafter erected, constructed, reconstructed, moved, or altered as a permitted use, except for one or more of the following or as provided for in Sec. 27-401:

 

(1)       The uses specified below or allowed in this district pursuant to the land use matrix shall not include outdoor storage of material, supplies or equipment; however, outdoor storage of registered motor vehicles shall not be prohibited.

 

(2)       Mortuary, funeral and crematory services.

 

(3)       Convenience food sales.

 

(4)       Limited food sales.

 

(5)       Corporate offices.

 

(6)       General offices.

 

(7)       Financial services.

 

(8)       Medical offices.

 

(9)       Limited retail services.

 

(10)     Medium retail services.

 

(11)     Personal services.

 

(12)     Bowling alleys, dance halls, skating rinks, taverns, nightclubs and similar commercial recreation buildings.

 

(13)     Cafeterias and restaurants not including drive-up windows or lanes, where people are not served in automobiles.

 

(14)     Schools including private schools, dance, music or other occupational or hobby activities.

 

(15)     Soil extraction for public road purposes when meeting the requirements set forth in Section 27-293.  

 

Source:  Ord. No. 4603, § 1, 9-16-02; Ord. 4679, § 12, 8-18-03; Ord. No. 5147, § 3, 12-20-10

 

Sec. 27-173.  Conditional uses - District C-2A.

 

In District C-2A, the following conditional uses, as well as those provided for in Sec. 27-401, may be allowed.  Any conditional use permit shall include as minimal conditions those conditions specifically set forth in this section for each conditional use listed.  Additional conditions, stipulations, or restrictions may also be required as is deemed necessary for the protection of the public interest.

 

(1)       Apartment houses designed as one structure or as a group of structures.

 

(2)       Residential above the ground floor only. 

 

Source:  Ord. No. 4603, § 1, 9-16-02

 

Sec. 27-174.  Height and area regulations - District C-2A.

 

In District C-2A, unless otherwise specified, the maximum height and minimum lot requirements shall be as follows:

 

  Max Height Front Yard Side Yard Rear Yard Lot Width Lot
Area
Max
Building Coverage
Max Impervious Coverage Max Floor Area Ratio
Permitted Uses (3) 120’
See (5)
below
25’ 0
(1)
15’ 0’ 0’ 80% 80% No limit
Conditional Uses (3) (4) 120’
See (5)
below
25’ 0
(1)
15’ 0’ 0’
See (2) below
for additional requirements
80% 80% No limit

(1)   No side yard is required except that where a side line of a lot in this district abuts upon the side line of a lot in a District R-1 to R-O, inclusive, a side yard of not less than seven (7) feet shall be provided on an interior lot and a side yard of twenty-five (25) feet shall be provided on the street side of a corner lot.  A side yard of fourteen (14) feet shall be provided on lots used for residential purposes under a granted conditional use.

(2)   Under a conditional use, every building or portion of a building hereafter used for multiple dwellings shall provide a lot area of two thousand (2,000) square feet per dwelling unit.  Exclusive of front yard areas and areas used for drives, parking and buildings, lots used for multiple dwellings shall provide useable and accessible open space of at least two hundred (200) square feet per dwelling unit.

(3)   All uses subject to buffering requirements set forth in Sec. 27-306 and Sec. 27-307.

(4)   Unless modified as a part of a site plan or conditional use approval.

(5)    With a conditional use permit, height may be increased except that in all instances must comply with airport zoning.

 

Source:  Ord. No. 4603, § 1, 9-16-02; Ord. No. 5198, § 2, 2-6-12; Ord. No. 5413, § 12, 7-5-16

 

Secs. 27-175--27-180.  Reserved.

 

DIVISION 14.  DISTRICT C-3, SERVICE COMMERCIAL DISTRICT

Sec. 27-181.  Intent - District C-3.

 

The Service Commercial District (C-3) is intended to provide areas around the city to provide for general business, commercial and service activities.  It is also intended to provide business oriented areas adjacent to major arterials and expressways with special design considerations in order to insure safe and efficient circulation and attractive appearance. 

 

Source:  Ord. No. 4603, § 1, 9-16-02

 

Sec. 27-182.  Permitted uses - District C-3.

 

In District C-3, no building, structure, land, or premises shall be used, and no building or structure shall be hereafter erected, constructed, reconstructed, moved, or altered as a permitted use, except for one or more of the following or as provided for in Sec. 27-401:

 

(1)       Convenience food sales.

 

(2)       Limited food sales.

 

(3)       General food sales.

 

(4)       Supermarkets.

 

(5)       Financial services.

 

(6)       Limited retail services.

 

(7)       Medium retail services.

 

(8)       Mass retail services.

 

(9)       Personal services.

 

(10)     Theaters, motels, hotels.

 

(11)     Frozen food lockers for individual or family use.

 

(12)     Gymnasiums.

 

(13)     Motor vehicle and boat sales and services.

 

(14)     Soil extraction for public road purposes when meeting the requirements set forth in Section 27-293.

 

(15)     Automobile and other motor vehicle repair services including engine overhaul, major repair, bodywork and limited truck repair services so long as any area being utilized for truck repair services does not constitute more than one-third (1/3) of the total area being utilized for automobile services described herein.

 

Source:  Ord. No. 4603, § 1, 9-16-02; Ord. 4679, § 13, 8-18-03; Ord. No. 5087, § 1, 9-8-09

 

Sec. 27-183.  Conditional uses - District C-3.

 

In District C-3, the following conditional uses, as well as those provided for in Sec. 27-401, may be allowed.  Any conditional use permit shall include as minimal conditions those conditions specifically set forth in this section for each conditional use listed.  In the event a conditional use in this district abuts upon residentially zoned property, a solid or semi-solid fence or wall at least six (6) feet but not more than eight (8) feet high, finished on both sides, shall be provided; or a ten (10) foot landscape buffer consisting of shrubs (3 to 4 feet apart) and evergreens (6 to 14 feet apart) planted to provide an effective visible screen, may be provided along the property line and maintained by the owner or owners of property.  Additional conditions, stipulations, or restrictions may also be required as is deemed necessary for the protection of the public interest.

 

(1)       Miniature golf courses.

All lighting shall be directed away from adjoining or adjacent residential districts.

 

(2)       Mini-storage or self-storage.

All material or property shall be maintained in a completely enclosed building that is partitioned into units.  Each unit within the storage area shall be designed to be leased to the general public for storage but not for the conducting of business.

 

a.         The depth of the rear yard shall not be less than twenty-five (25) feet or twenty percent (20%) of the lot depth, whichever is less, for all one (1) to two and one-half (2½) story buildings.

 

b.         The depth of the rear yard shall not be less than thirty (30) feet for all three (3) or more story buildings.

 

(3)       Mobile and mobile home sales including use of either for office. 

 

(4)       One single-family residential dwelling unit for watchman or caretaker of facility operating as a permitted use in this district.

 

Source:  Ord. No. 4603, § 1, 9-16-02; Ord. No. 5192,  § 1, 1-17-12

 

Sec. 27-184.  Height and area regulations - District C-3.

 

In District C-3, unless otherwise specified, the maximum height and minimum lot requirements shall be as follows:

 

Max Height Front Yard Side Yard Rear Yard Lot Width Lot
Area
Max Building Coverage Max Impervious Coverage Max Floor Area Ratio
Permitted Uses (3) 45’
See (5)
below
40’ 0'
(1)
See (2) below 100’ 20,000 sq. ft. 50% 80% 1.0
Conditional Uses (3) (4) 45’
See (5)
below
40’ 0’
(1)
30’ 100’ 20,000 sq. ft. 50% 80% 1.0

(1)   No side yards shall be required unless adjacent to a residentially zoned (R) district, then the required side yard is seven (7) feet on the contiguous side(s).  A side yard of twenty-five (25) feet shall be provided on the street sides of a corner lot.  However, a side yard setback of fifteen (15) feet shall be provided for an attached canopy on a corner lot fronting on an arterial street so long as the canopy complies with the sight triangle provision set forth in section 27-290 of this code.

(2)   All structures shall provide a rear yard as follows:

a.   The depth of the rear yard shall not be less than twenty-five (25) feet or twenty percent (20%) of the lot depth, whichever is less, for all one (1) story to two and one-half (2½) story buildings.

b.   The depth of the rear yard shall be not less than thirty (30) feet for all three (3) story or more buildings.

(3)   All uses subject to buffering requirements set forth in Sec. 27-306 and Sec. 27-307.

(4)   Unless modified as a part of a site plan or conditional use approval.

(5)    With a conditional use permit, height may be increased except that in all instances must comply with airport zoning.

 

Source:  Ord. No. 4603, § 1, 9-16-02; Ord. No. 4796, § 2, 5-2-05;  Ord. No. 5015, § 1, 7-7-08; Ord. No. 5413, § 13, 7-5-16

 

Secs. 27-185--27-190.  Reserved.

 

DIVISION 15.  DISTRICT B-P, BUSINESS PARK DISTRICT

Sec. 27-191.  Intent – District B-P.

 

The Business Park District is intended to promote the development of planned business parks that accommodate corporate offices, research facilities, and structures which can combine office, distribution, and limited industrial uses.  These facilities serve a more regional audience, but may provide services to local residents.  They are characterized by extensive landscaping, abundant parking facilities, and good visual and pedestrian relationships among buildings. 

 

Source:  Ord. No. 4603, § 1, 9-16-02

 

Sec. 27-192.  Permitted uses – District B-P.

 

In District B-P, no building, structure, land, or premises shall be used, and no building or structure shall be hereafter erected, constructed, reconstructed, moved, or altered as a permitted use, except for one or more of the following or as provided for in Sec. 27-401:

 

(1)       Corporate offices.

 

(2)       General offices.

 

(3)       Medical offices.

 

(4)       Financial services.

 

(5)       Light industrial uses.

 

(6)       Warehousing and distribution.

 

(7)       Restaurants.

 

(8)       Personal services.

 

(9)       General industrial uses.

 

(10)     Ophthalmologists and optometrists including the retail sale of merchandise related to the practice of ophthalmology and optometry so long as the area being utilized for the sale of retail merchandise does not constitute more than one-third (1/3) of the total area being utilized for said ophthalmology or optometry practice.

 

(11)     Soil extraction for public road purposes when meeting the requirements set forth in Section 27-293.

 

(12)     Automobile and other motor vehicle repair services including engine overhaul, major repair, body work and limited truck repair services so long as any area being utilized for truck repair services does not constitute more than one-third (1/3) of the total area being utilized for automobile services described herein. 

 

Source:  Ord. No. 4603, § 1, 9-16-02; Ord. 4679, § 14, 8-18-03; Ord. No. 5087, § 2, 9-8-09

 

Sec. 27-193.  Conditional uses - District B-P.

 

In District B-P, the following conditional uses, as well as those provided for in Sec. 27-401, may be allowed.  Any conditional use permit shall include as minimal conditions those conditions specifically set forth in this section for each conditional use listed.  Additional conditions, stipulations, or restrictions may also be required as is deemed necessary for the protection of the public interest.

 

(1)       Limited retail services.

 

(2)       Medium retail services. 

 

Source:  Ord. No. 4603, § 1, 9-16-02

 

Sec. 27-194.  Height and area regulations – District B-P.

 

  Max Height Front Yard Side
Yard
Rear Yard Lot Width Lot
Area
Max Building Coverage Max Impervious Coverage Max Floor Area Ratio
Permitted Uses 45’
See (3)
below
25’ 15’
See (1) below
for additional requirements
25’ 80’ 10,000 sq. ft. 60% 80% 2.0
Conditional Uses (2) 45’
See (3)
below
25’ 15’
See (1) below
for additional requirements
25’ 80’ 10,000 sq. ft. 60% 80% 2.0

(1)   A side yard of twenty-five (25) feet shall be provided on the street side of a corner lot.

(2)   Unless modified as a part of a site plan or conditional use approval.

(3)    With a conditional use permit, height may be increased except that in all instances must comply with airport zoning.

 

Source:  Ord. No. 4603, § 1, 9-16-02; Ord. No. 5413, § 14, 7-5-16

 

DIVISION 16.  DISTRICT I-1, LIGHT INDUSTRIAL DISTRICT

Sec. 27-195.  Intent - District I-1.

 

The Light Industrial District (I-1) is intended to provide for manufacturing, storage, production and associated retail activities. 

 

Source:  Ord. No. 4603, § 1, 9-16-02

 

Sec. 27-196.  Permitted uses - District I-1.

 

In District I-1, no building, structure, land, or premises shall be used, and no building or structure shall be hereafter erected, constructed, reconstructed, moved, or altered as a permitted use, except for one or more of the following or as provided for in Sec. 27-401:

 

(1)       Agricultural implement sales and services.

 

(2)       Light industrial uses.

 

(3)       General industrial uses.

 

(4)       Passenger and freight transportation facilities and yards.

 

(5)       Dog pounds, if within an enclosed building.

 

(6)       Lumber yards and planing mills.

 

(7)       Manufactured housing sales and service.

 

(8)       Ophthalmologists and optometrists including the retail sale of merchandise related to the practice of ophthalmology and optometry so long as the area being utilized for the sale of retail merchandise does not constitute more than one-third (1/3) of the total area being utilized for said ophthalmology or optometry practice.

 

(9)       Sales rooms, yards and service for contractors' equipment and oil well supplies.

 

(10)     Veterinary hospitals.

 

(11)     Warehouse and distribution, including personal storage warehouses.

 

(12)     Wholesale produce markets.

 

(13)     Accessory uses customarily incidental to any of the foregoing uses.

 

(14)     Soil extraction for public road purposes when meeting the requirements set forth in Section 27-293.

 

(15)     Automobile and other motor vehicle repair services including engine overhaul, major repair, body work and limited truck repair services so long as any area being utilized for truck repair services does not constitute more than one-third (1/3) of the total area being utilized for automobile services described herein. 

 

Source:  Ord. No. 4603, § 1, 9-16-02; Ord. 4679, § 14, 8-18-03; Ord. No. 5087, § 3, 9-8-09

 

Sec. 27-197.  Conditional uses - District I-1.

 

In District I-1, the following conditional uses, as well as those provided for in Sec. 27-401, may be allowed.  Any conditional use permit shall include as minimal conditions those conditions specifically set forth in this section for each conditional use listed.  Additional conditions, stipulations, or restrictions may also be required as is deemed necessary for the protection of the public interest.

 

(1)       Truck repair shops where all repair work is done within an enclosed building and where all inoperable trucks, materials, or parts are stored within an enclosed building, except that truck trailers and tractors awaiting repair need not be stored within an enclosed building.  

 

(2)       One single-family residential dwelling unit for watchman or caretaker of facility operating as a permitted use in this district. 

 

Source:  Ord. No. 4603, § 1, 9-16-02

 

Sec. 27-198.  Height and area regulations - District I-1.

 

In District I-1, unless otherwise specified, the maximum height and minimum lot requirements shall be as follows:

 

  Max Height Front Yard Side
Yard
Rear
Yard
Lot Width Lot Area Max Building Coverage Max Impervious Coverage Max Floor Area Ratio
Permitted Uses (3) 45’
See (5) below
25’ 0’
See (1) below for additional requirement
15’
See (2) below
for additional requirements
0’ 7,000 sq. ft. 70% 90% 1.0
Conditional Uses (3) (4) 45’
See (5) below
25’ 0’ 15’
See (2) below
for additional requirements
0’ 10,000 sq. ft. 70% 90% 1.0

(1)   Where a side lot line in this district abuts the side line of a lot in District S-R to R-O inclusive, a side yard of not less than seven (7) feet shall be provided, and a side yard of twenty-five (25) feet shall be provided on the street side of a corner lot.  However, a side yard setback of fifteen (15) feet shall be provided for an attached canopy on a corner lot fronting on an arterial street so long as the canopy complies with the sight triangle provision set forth in section 27-290 of this code.

(2)   Where an alley of record exists, such rear yard may be measured from the centerline of the alley.

(3)   All uses subject to buffering requirements set forth in Sec. 27-306 and Sec. 27-307.

(4)   Unless modified as a part of a site plan or conditional use approval.

(5)   With a conditional use permit, height is unlimited except that in all instances must comply with airport zoning.

 

Source:  Ord. No. 4603, § 1, 9-16-02; Ord. No. 5015, § 2, 7-7-08; Ord. No. 5198, § 3, 2-6-12; Ord. No. 5369, § 1, 9-21-15

 

Secs. 27-199--27-200.  Reserved.

 

DIVISION 17  DISTRICT I-2, HEAVY INDUSTRIAL DISTRICT

Sec. 27-201.  Intent - District I-2.

 

The Heavy Industrial District (I-2) is intended to provide for manufacturing, storage, production, and associated activities. 

 

Source:  Ord. No. 4603, § 1, 9-16-02

 

Sec. 27-202.  Permitted uses - District I-2.

 

In District I-2, no building, structure, land or premises shall be used and no building or structure shall be hereafter erected, constructed, reconstructed, moved, or altered as a permitted use, except for one or more of the following or as provided for in Sec. 27-401

 

(1)       Uses similar to those permitted in District I-1.

 

(2)       Light industrial uses.

 

(3)      General industrial uses.

 

(4)       Passenger and freight transportation facilities and yards.

 

(5)       Grain elevators, flour mills, feed mills and grain processing.

 

(6)       Ophthalmologists and optometrists including the retail sale of merchandise related to the practice of ophthalmology and optometry so long as the area being utilized for the sale of retail merchandise does not constitute more than one-third (1/3) of the total area being utilized for said ophthalmology or optometry practice.

 

(7)       Storage in bulk of such materials as brick, building materials, cement, coal, gravel, grease, hay, ice, lead, lime, machinery, metals, oil, plaster, poultry, roofing, rope, sand, stone, tar, tarred or creosoted products, terra cotta, timber, wood, or wool.

 

(8)       Accessory uses customarily incidental to the above uses.

 

(9)      Soil extraction for public road purposes when meeting the requirements set forth in Section 27-293.  

 

Source:  Ord. No. 4603, § 1, 9-16-02; Ord. 4679, § 16, 8-18-03; Ord. 5197, § 1, 2-6-12

 

Sec. 27-203.  Conditional uses - District I-2.

 

In District I-2, the following conditional uses, as well as those provided for in Sec. 27-401, may be allowed.  Any conditional use permit shall include as minimal conditions those conditions specifically set forth in this section for each conditional use listed.  Additional conditions, stipulations, or restrictions may also be required as is deemed necessary for the protection of the public interest.

 

(1)       Heavy industrial uses.

 

(2)       One single-family residential dwelling unit for watchman or caretaker of facility operating as a permitted use in this district.

 

(3)       Livestock sales.

 

(4)       Landfills and solid waste disposal facilities.

 

(5)       Auto salvage and junkyards; provided, such yard is completely surrounded by a solid wall or fence not less than six (6) feet high. 

 

Source:  Ord. No. 4603, § 1, 9-16-02; Ord. No. 5192, § 2, 1-17-12; Ord. 5197, § 1, 2-6-12

 

Sec. 27-204.  Height and area regulations - District I-2.

 

In District I-2, unless otherwise specified, the maximum height and minimum lot requirements shall be as follows:

 

  Max Height Front Yard Side
Yard
Rear
Yard
Lot Width Lot Area Max Building Coverage Max Impervious Coverage Max Floor Area Ratio
Permitted Uses (3) Limited
by airport
zoning
25’ 0’
See (1) below for additional require-ments
15’
See (2) below for additional requirements
0’ 7,000 sq. ft. 70% 100% 1.0
Conditional Uses (3) (4) Limited
by airport
zoning
25’ 0’
See (1) below for additional require-ments
15’
See (2) below for additional requirements
0’ 7,000 sq. ft. 70% 100% 1.0

(1)   Where a side lot line in this district abuts the side line of a lot in District S-R to R-O inclusive, a side yard of not less than seven (7) feet shall be provided, and a side yard of twenty-five (25) feet shall be provided on the street side of a corner lot.

(2)   Where an alley of record exists, such rear yard may be measured from the centerline of the alley.

(3)   All uses subject to buffering requirements set forth in Sec. 27-306 and Sec. 27-307.

(4)   Unless modified as a part of a site plan or conditional use approval.

 

Source:  Ord. No. 4603, § 1, 9-16-02; Ord. No. 5198, § 4, 2-6-12; Ord. No. 5369, § 2, 9-21-15

 

Secs. 27-205--27-210.  Reserved.

 

DIVISION 18.  DISTRICT I-3, LIMITED INDUSTRIAL DISTRICT

Sec. 27-211.  Intent - District I-3.

 

The Limited Industrial District (I-3) is intended to provide for manufacturing.  Tracts of land in this district may or may not have been designated as an industrial area (county industrial tract) by the county board pursuant to Nebraska statutes. 

 

Source:  Ord. No. 4603, § 1, 9-16-02

 

Sec. 27-212.  Permitted uses - District I-3.

 

In District I-3, no building, structure, land, or premises shall be used, and no building or structure shall be hereafter erected, constructed, reconstructed, moved, or altered as a permitted use, except for one or more of the following or as provided for in Sec. 27-401:

 

(1)       Apparel or garment manufacturing.

 

(2)       Bakeries manufacturing.

 

(3)       Beverage bottling and manufacturing.

 

(4)       Canning and preserving factories.

 

(5)       Dairy products manufacturing.

 

(6)       Drug and pharmaceutical manufacturing.

 

(7)       Electric and electronic machinery manufacturing.

 

(8)       Fats and oils manufacturing excluding animal rendering.

 

(9)       Food (prepared) and manufacturing including ice plants.

 

(10)     Furniture and fixtures manufacturing.

 

(11)     Glass and glassware manufacturing including clay, plaster and gypsum products.

 

(12)     Grain and feed mills.

 

(13)     Instruments manufacturing used for engineering, scientific and research purposes.

 

(14)     Jewelry manufacturing including costume jewelry.

 

(15)     Leather and leather products manufacturing.

 

(16)     Machinery and engine manufacturing.

 

(17)     Manufactured and modular home manufacturing.

 

(18)     Medical instruments and supplies manufacturing.

 

(19)     Metal (fabricated) manufacturing including hand tools and general hardware.

 

(20)     Musical instrument manufacturing.

 

(21)     Optical instrument manufacturing.

 

(22)     Paper, paperboard and allied products manufacturing excluding pulp mills.

 

(23)     Pen, pencil and artists material manufacturing.

 

(24)     Photographic equipment and supplies manufacturing.

 

(25)     Publishing, bookbinding and industries which provide specialized services to commercial printers; but excluding commercial print shops.

 

(26)     Sugar and confectionery refining and manufacturing.

 

(27)     Textile manufacturing.

 

(28)     Toy, amusement and sporting goods manufacturing.

 

(29)     Transportation equipment manufacturing.

 

(30)     Utility installations.

 

(31)     Warehousing and storage.

 

(32)     Watches, clocks and clock operated devices manufacturing.

 

(33)     Wood products manufacturing.

 

(34)     Miscellaneous manufacturing.

 

(35)     Wholesale trade activities which are subordinate accessory uses to the above permitted uses. 

 

(36)     Accessory uses customarily incidental to the above uses.

 

(37)     Soil extraction for public road purposes when meeting the requirements set forth in Section 27-293.  

 

Source:  Ord. No. 4603, § 1, 9-16-02; Ord. 4679, § 17, 8-18-03

 

Sec. 27-213.  Conditional Uses - District I-3 - Reserved.

 

Sec. 27-214.  Height and area regulations - District I-3.

 

In District I-3, unless otherwise specified, the maximum height and minimum lot requirements shall be as follows:

 

  Max Height Front Yard Side
Yard
Rear
Yard
Lot Width Lot Area Max Building Coverage Max Impervious Coverage Max Floor Area Ratio
Permitted Uses (4) Limited
by airport
zoning
40’ 0’
See (1) below
for additional requirements
15’
See (2) below for additional requirements
0’ 7,000 sq. ft. 70% 90% 1.0
Conditional Uses (3) (4) Limited
by airport
zoning
40’ 0’
See (1) below
for additional requirements
15’
See (2) below for additional requirements
0’ 7,000 sq. ft. 70% 90% 1.0

(1)   Where a side lot line in this district abuts the side line of a lot in District S-R to R-O inclusive, a side yard of not less than seven (7) feet shall be provided, and a side yard of twenty-five (25) feet shall be provided on the street side of a corner lot.

(2)   Where an alley of record exists, such rear yard may be measured from the centerline of the alley.

(3)   All uses subject to buffering requirements set forth in Sec. 27-306 and Sec. 27-307.

(4)   Unless modified as a part of a site plan or conditional use approval.

 

Source:  Ord. No. 4603, § 1, 9-16-02; Ord. No. 5198, § 5, 2-6-12; Ord. No. 5369, § 3, 9-21-15

Sec. 27-215.  Outdoor storage of material.

 

All uses permitted in District I-3 shall be performed within an enclosed structure or building.  Outdoor storage of materials shall be screened from adjoining streets and residential districts by a solid or semi-solid fence, wall or evergreen hedge six (6) feet in height. 

 

Source:  Ord. No. 4603, § 1, 9-16-02

 

Secs. 27-216--27-220.  Reserved.

 

ARTICLE VIII.  SPECIAL AND OVERLAY DISTRICTS

DIVISION 1.  MIXED USE SPECIAL DISTRICT

Sec. 27-221.  Intent.

 

The Mixed Use District (M-U) is intended to accommodate projects which combine several compatible land uses into an integrated development.  The M-U District may also be used to predesignate parts of the city which are appropriate for a mixture of residential, commercial, office, and accessory uses.  The District permits mixing residential areas with workplaces and services.  Development in the M-U District must accommodate transportation systems, pedestrian and bicycle movement, and surrounding environments.  The M-U District may be enacted as either a base district or an overlay district in combination with another base district. 

 

Source:  Ord. No. 4603, § 1, 9-16-02

 

Sec. 27-222.  Permitted Uses.

 

Each ordinance establishing an M-U District establishes the use types permitted within its boundaries. 

 

Source:  Ord. No. 4603, § 1, 9-16-02

 

Sec. 27-223.  Site Development Regulations.

 

(a)   The minimum area of any M-U District is one acre. 

 

(b)   Prior to the issuance of any building permits or other authorization, all projects in the M-U District shall receive approval by the city council, following a recommendation by the planning commission.  This approval may be granted for a specific plan for the development of an M-U District in lieu of a plan for individual projects, provided that any subsequent developments are consistent with the specific plan. 

 

Source:  Ord. No. 4603, § 1, 9-16-02

 

Sec. 27-224.  Procedure for application.

 

Applications for approval must contain at a minimum the following information:

 

(1)       A detailed site map, including:

 

a.   A boundary survey.

 

b.   Site dimensions.

 

c.   Contour lines at no greater than five foot intervals.

 

d.   Adjacent public rights-of-way, transportation routes, and pedestrian or bicycle systems.

 

e.   Description of adjacent land uses.

 

f.    Utility service to the site and easements through the site.

 

g.   Description of other site features, including drainage, soils, or other considerations that may affect development.

 

(2)       A development plan, including:

 

a.   A site layout, including the location of proposed buildings, parking, open space, and other facilities.

 

b.   Location, capacity, and conceptual design of parking facilities.

 

c.   Description of the use of individual buildings.

 

d.   Description of all use types to be included in the project or area, and maximum floor area devoted to each general use.

 

e.   Maximum height of buildings.

 

f.    Schematic location and design of open space on the site, including a landscaping plan.

 

g.   Vehicular and pedestrian circulation plan, including relationship to external transportation systems.

 

h.   Schematic building elevations and sections if required to describe the project.

 

i.    Grading plans.

 

j.    Proposed sewer and utility improvements.

 

k.   Location, sizes, and types of all proposed signage.

 

(3)       Specific proposed development regulations for the project, including:

 

a.   The specific use types permitted within the proposed district.

 

b.   Maximum floor area ratios.

 

c.   Front, side, and rear yard setbacks.

 

d.   Maximum height.

 

e.   Maximum building and impervious coverage.

 

f.    Design standards applicable to the project.

 

(4)       A traffic impact analysis, if required by the city. 

 

Source:  Ord. No. 4603, § 1, 9-16-02

 

Sec. 27-225.  Adoption of District

 

(1)       The planning commission and city council shall review and evaluate each Mixed Use District application.  The city may impose reasonable conditions, as deemed necessary to ensure that a mixed use development shall be compatible with adjacent land uses, will not overburden public services and facilities and will not be detrimental to public health, safety and welfare.

 

(2)       The planning commission, after proper notice, shall hold a public hearing and act upon each application.

 

(3)       The planning commission may recommend amendments to Mixed Use District applications.

 

(4)       The recommendation of the planning commission shall be transmitted to the city council for final action.

 

(5)       The city council, after proper notice, shall hold a public hearing and act upon any ordinance establishing a Mixed Use District.  Proper notice shall mean the same notice established for any other zoning amendment.

 

(6)       An ordinance adopting a Mixed Use District shall require a favorable simple majority of the city council for approval.

 

(7)       Upon approval by the city council, the development plan shall become a part of the ordinance creating or amending the Mixed Use District.  All approved plans shall be filed with the city clerk. 

 

Source:  Ord. No. 4603, § 1, 9-16-02

 

Sec. 27-226.  Amendments

 

The zoning official is authorized at his or her discretion to approve amendments to an approved development plan, provided that:

 

(1)       A written request is filed with the zoning official, along with information specifying the exact nature of the proposed amendment.

 

(2)       The amendment is consistent with the provisions of this section.

 

(3)       The amendment does not alter the approved site regulations of the development plan and does not materially alter other aspects of the plan, including traffic circulation, mixture of use types, and physical design.

 

(4)       Any amendment not conforming to these provisions shall be submitted to the planning commission and city council for action. 

 

Source:  Ord. No. 4603, § 1, 9-16-02

 

Secs. 27-227--27-230.  Reserved.

 

DIVISION 2.  PLANNED DEVELOPMENT OVERLAY DISTRICT

Sec. 27-231.  Intent - Planned Development Overlay.

 

The Planned Development Overlay District (P-D overlay) is an overlay district supplementing the existing permitted uses and is intended to permit the private or public development or redevelopment of areas throughout the city which shall be in accordance with the goals and objectives of the comprehensive plan.  The land use patterns of the areas involved shall provide a desirable environment and shall be harmonious to the general surrounding uses permitting flexibility in overall development while insuring adequate safeguards and standards for public health, safety, convenience, and general welfare.  The district is intended to allow a limited number of uses not otherwise permitted in the underlying zoning district. 

 

Source:  Ord. No. 4603, § 1, 9-16-02

 

Sec. 27-232.  Permitted uses - Planned Development Overlay.

 

In the planned development overlay district, permitted uses shall be allowed as follows:

 

(1)       Permitted and conditional uses allowed in the zoning district underlying the planned development or P-D overlay designation.

 

(2)       Permitted uses listed in the A, R-R, S-R, R-1, R-2, R-3, R-M, R-O, O-D, C-1, C-2, C-2A, C-3, B-P and I-1 Districts in an area not to exceed twenty percent (20%) of the total P-D overlay size including required parking and setbacks; however, in general, permitted uses of the underlying zoning district shall be developed first.

 

(3)       The underlying zoning district height, bulk and setback requirements may be varied to promote an efficient and creative P-D overlay. 

 

Source:  Ord. No. 4603, § 1, 9-16-02

 

Sec. 27-233.  Procedure for application - Planned Development Overlay.

 

The person applying for a planned development overlay designation shall submit the following material for review and recommendation by the planning commission.

 

(1)       A survey of the exact area for which the P-D overlay designation is being requested.  (Scale: 1" = 50')

 

(2)       An abstracter's certificate listing all owners of property for which the P-D overlay designation is being requested.

 

(3)       A topographical map of the entire subject area at a contour interval showing two foot changes in elevation.  This map shall indicate all natural and manmade features. (Scale: 1" = 50')

 

(4)       A preliminary plan of the entire subject area drawn in such detail as to show the land uses being requested, the densities being proposed, where applicable, the system of collector streets, signs and off-street parking system.  If private streets or common areas are proposed, the applicant shall submit general information as to their design, location and maintenance, including proposed articles and bylaws for a homeowners association if such association is to own the streets or common areas.

 

(5)       A written statement explaining in detail the full intent of the applicant indicating the specifics of the development plan as it relates to the type of dwelling units contemplated and resultant population; the extent of nonresidential development and the resultant traffic generated and parking demands created; and providing supporting documentation such as but not limited to market studies, supporting land use request, and the intended scheduling of development.

 

(6)       Written consent to P-D overlay designation of all owners of land for which P-D overlay designation is requested. 

 

Source:  Ord. No. 4603, § 1, 9-16-02

 

Sec. 27-234.  Preliminary plan review - Planned Development Overlay.

 

(a)   Following a public hearing and subsequent review and recommendations by the planning commission, the city council may approve, modify or deny without public hearing the preliminary plan.  Approval shall be given only upon a finding by the council that:

 

(1)       The proposal, with such use and design, would meet the intent of the comprehensive plan; and

 

(2)       The proposed P-D overlay designation contains a minimum of one (1) acre as it is not the intention of this district to be an unrelated parcel-by-parcel rezoning.

 

(b)   City council approval shall include the following conditions:

 

(1)       Approval shall be effective for a period of one (1) year;

 

(2)       No development shall take place on an area that has been given preliminary approval until the final plan is approved and adopted by the council; and

 

(3)       Approval of the preliminary plan by the city council shall not constitute approval of the final site plan.  It shall be deemed as approval of the land use plan submitted and shall serve as a guide in the preparation of the final plan. 

 

Source:  Ord. No. 4603, § 1, 9-16-02; Ord. No. 5053, § 1, 3-2-09

 

Sec. 27-235.  Final plan review - Planned Development Overlay.

 

Within a period of one (1) year from the date of approval of the preliminary plan, the applicant shall submit the final plan for review by the planning commission.  The final plan shall include the following:

 

(1)       A final overall site plan for the entire area being requested under this P-D overlay designation.  This plan shall detail specific uses, building location, off-street parking, street alignment changes, open spaces and other physical plan components being proposed.  Supporting documentation in the form of conceptual building design and schedule of construction shall be submitted.

 

(2)       The final plan shall reflect the use patterns as approved in the preliminary plan.  Standards for building size, signs and off-street parking shall be equal to standards set forth in the underlying district.  Where the developer has demonstrated that alternative standards would not result in negative impact on surrounding properties, the council may grant variances from the strict application of these regulations with conditions as are necessary to insure compatibility with adjacent uses and zoning.

 

(3)       All dedications of public rights-of-way or planned public open spaces shall be made prior to any construction taking place on the site.  Private streets, common areas or other land to be held in common shall be deeded to a homeowners association or business association.

 

(4)       In residential areas, any common open space may be deeded to an association of all owners of property within the planned development, either as right in fee or easement, and shall be retained as open space for park, recreation and related uses for residents of the planned development.  All lands dedicated shall meet the requirements of the city council to the public. 

 

Source:  Ord. No. 4603, § 1, 9-16-02

 

Sec. 27-236.  Final plan approval - Planned Development Overlay.

 

(a)   Upon review and recommendation by the planning commission and following public hearing, the city council shall approve, modify or deny the final plan.

 

(b)   Upon approval of a final plan, the city council shall by ordinance designate the property as a planned development with a P-D overlay designation in accordance with the final plan.

 

(c)   The final plan approved by the council shall become an integral part of the ordinance creating or amending the P-D overlay designation.  All approved plans shall be filed with the city clerk.  All development within the planned development shall be in compliance with the final plan as adopted by ordinance. 

 

Source:  Ord. No. 4603, § 1, 9-16-02

 

Sec. 27-237.  Abandonment - Planned Development Overlay.

 

(a)   If the applicant chooses to abandon an approved preliminary plan or an approved final plan, notice shall be given to the city in writing.  Upon receipt of such notice of abandonment, the planning commission may initiate proceedings to remove the P-D overlay designation.

 

(b)   If the applicant fails to submit a final plan or plans within the time limits that are made a part of the preliminary plan, or fails to substantially commence the construction included in an approved final plan within 18 months of the approval date of the final plan, and has not applied for an extension to the above time limits from the city, the city may revoke its approval of the preliminary plan or final plan and shall so notify the applicant.  If, within 30 days of sending the notice of such revocation, the applicant presents to the city an application for reinstatement of the preliminary plan or final plan, the city may reinstate the plan or remove the P-D overlay designation. 

 

Source:  Ord. No. 4603, § 1, 9-16-02; Ord. No. 5365, § 1, 9-21-15

 

Sec. 27-238.  Amendments - Planned Development Overlay.

 

After the application for a planned development has been approved, including the specific final plan required under this article, the zoning official is authorized to approve amendments to the final plan, provided that:

 

(1)       A request for amendment is filed with the city, together with all information pertinent to the proposed amendments;

 

(2)       Such amendment shall not violate any regulations set forth in this chapter;

 

(3)       Such amendment may provide for minor relocation or increases in total floor area, and storage space originally permitted;

 

(4)       There is no increase in the number of dwelling units;

 

(5)       No reduction is made to the applicable setback or yard requirements;

 

(6)       No public land is accepted;

 

(7)       Such amendment shall not be contrary to the general purpose and intent of this chapter;

 

(8)       Any amendment not in conformance with this section shall be submitted to the planning commission in the same manner as an original application for P‑D overlay designation. 

 

Source:  Ord. No. 4603, § 1, 9-16-02

 

Sec. 27-239.  Violations - Planned Development Overlay.

 

After the final plan for a planned development overlay has been approved, failure to observe and maintain the conditions, provisions, and restrictions of the final plan of a planned development overlay shall be considered a violation of this chapter subject to penalty as provided herein and shall be grounds for review of the planned development overlay.  Review of a planned development overlay may be requested by the zoning official, the planning commission, or by the city council.  In the event of a review, said review shall commence with a public hearing before the planning commission with a recommendation of the planning commission subsequently being forwarded to the city council.  Upon receipt of a recommendation from the planning commission, the city council shall hold a public hearing.  Notice for the hearings provided for herein shall be given in the manner as provided for in Sections 19-904 and 19-905, R.R.S. 1943 as the same may from time to time be amended.  Following the hearing before the city council, the city council may leave the planned development overlay unaltered, terminate the plan or alter the plan by adding, deleting, or modifying the conditions, provisions, and restrictions contained in the planned development overlay.

 

 

Source:  Ord. No. 5365, §2, 9-21-15

 

Sec. 27-240.  Reserved.

 

DIVISION 3.  FLOOD PLAIN OVERLAY DISTRICT

Sec. 27-241.  Flood Insurance Program.

 

The City of Norfolk, Nebraska has recognized the National Flood Insurance Program (NFIP), as delineated by the Federal Emergency Management Agency of the United States Government by the adoption of Ordinance No. 3488, passed and approved on June 15, 1987, by the City of Norfolk, Nebraska. 

 

Source:  Ord. No. 4603, § 1, 9-16-02

 

Sec. 27-242.  Definitions - Flood Plain Overlay District.

 

(1)  Unless specifically defined below, words or phrases used in this division shall be interpreted so as to give them the same meaning as they have in common usage and so as to give this division its most reasonable application.

 

Actuarial rates or “risk premium rates” shall mean those rates established by the Federal Insurance Administrator pursuant to individual community studies and investigations which are undertaken to provide flood insurance in accordance with 42 U.S.C. 4014 and the accepted actuarial principles.  Actuarial rates include provisions for operating costs and allowances.

 

Appeal shall mean a request for a review of the zoning official's (local administrator) interpretation of any provision of this chapter or a request for a variance.

 

Appurtenant Structure shall mean a structure, of a size 864 square feet or less, on the same parcel of property as the principal structure, the use of which is incidental to the use of the principal structure.

 

Area of shallow flooding shall mean a designated AO or AH zone on a community's Flood Insurance Rate Map (FIRM) with a one percent or greater annual chance of flooding to an average depth of one to three feet where a clearly defined channel is unpredictable and where velocity flow may be evident.  Such flooding is characterized by ponding or sheet flow.

 

Area of special flood hazard shall mean the land in the flood plain within a community subject to one percent or greater chance of flooding in any given year.

 

Base flood elevation shall mean elevation indicated in the official flood plain study as the elevation of the 100-year flood.

 

Base flood protection elevation shall mean an elevation one foot higher than the water surface elevation of the base flood.

 

Channel shall mean a natural or artificial watercourse of perceptible extent, with a definite bed and banks to confine and conduct continuously or periodically flowing water.  Channel flow, thus, is that water which is flowing within the limits of a defined channel.

 

Community shall mean any state or area or political subdivision thereof which has authority to adopt and enforce flood plain management regulations for the areas within its jurisdiction.

 

Existing construction (for the purposes of determining rates) shall mean structures for which the “start of construction” commenced before the effective date of the FIRM or before January 1, 1975, for FIRM's effective before that date.  “Existing construction” may also be referred to as “existing structures”.

 

Flood or Flooding shall mean a general and temporary condition of partial or complete inundation of normally dry land areas from the overflow of inland or tidal waters, or the unusual and rapid accumulation of runoff of surface waters from any source.

 

Flood elevation - ten year shall mean the flood elevation which has a probability of being equaled or exceeded once in ten years.

 

Flood Insurance Rate Map (FIRM) shall mean an official map of a community, on which the flood insurance study has delineated the flood hazard boundaries and the zones establishing insurance rates applicable to the community.

 

Flood insurance study shall mean the official report provided by the Federal Emergency Management Agency.  The report contains flood profiles, as well as the Flood Boundary Floodway Map and the water surface elevation of the base flood.

 

Flood plain management shall mean the operation of an overall program of corrective and preventive measures for reducing flood damage, including but not limited to emergency preparedness plan, flood control works and flood plain management regulations.

 

Floodproofing shall mean any combination of structural and nonstructural additions, changes or adjustments to structures, including utility and sanitary facilities, which would preclude the entry of water.  Structural components shall have the capability of resisting hydrostatic and hydrodynamic loads and the effect of buoyancy.

 

Flood protection system shall mean those physical structural works constructed specifically to modify flooding in order to reduce the extent of the area within a community subject to a “special flood hazard”.  Such a system typically includes levees or dikes.  These specialized modifying works are those constructed in conformance with sound federal and state engineering standards.

 

Floodway (FW) shall mean the channel of a river or other watercourse and the adjacent portion of the flood plain that must be reserved in order to discharge the 100-year flood without cumulatively increasing the water surface elevation more than one foot at any point assuming equal conveyance reduction outside the channel from the two sides of the flood plain.

 

Floodway fringe (FF) shall mean that area of the flood plain, outside of the floodway, that on the average is likely to be flooded once every 100 years (i.e.:  that has a one percent chance of flood occurrence in any one year).

 

Freeboard shall mean a factor of safety usually expressed in feet above a flood level for purposes of flood plain management.  “Freeboard” tends to compensate for the many unknown factors that could contribute to flood heights greater than the height calculated for a selected size flood and floodway conditions, such as wave action, clogged bridge openings, and the hydrological effect of urbanization of the watershed.

 

Highest adjacent grade shall mean the highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure.

 

Lowest floor shall mean the lowest floor of the lowest enclosed area (including basement).  An unfinished or flood resistant enclosure, usable solely for parking of vehicles, building access or storage, in an area other than a basement area, is not considered a building's lowest floor, provided that such enclosure is not built so as to render the structure in violation of the applicable nonelevation design requirements of this division.

 

Mobile home (flood plain overlay) shall mean a structure, transportable in one or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when connected to the required utilities.  For flood plain management purposes, the term “mobile home (flood plain overlay)” includes a manufactured home dwelling which is not set on a permanent foundation and also includes park trailers, travel trailers, and other similar vehicles placed on a site for greater than 180 consecutive days.  For insurance purposes, the term “mobile home (flood plain overlay)” does not include park trailers, travel trailers, and other similar vehicles.

 

Mobile home park or subdivision (flood plain overlay) shall mean a parcel (or contiguous parcels) of land divided into two or more mobile home spaces or lots for rent or sale.

 

New construction shall mean structures for which the “start of construction” or substantial improvement is commenced on or after the effective date of the FIRM.

 

Start of construction (for other than new construction or substantial improvements under the Coastal Barrier Resources Act (Pub. L. 97-348) includes substantial improvement) shall mean the date the building permit was issued, provided the actual start of construction, repair, reconstruction, placement, or other improvement was within 180 days of the permit date.  The actual start means the first placement of permanent construction of a structure on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation or the placement of a manufactured home dwelling on a foundation.  Permanent construction does not include land preparation, such as clearing, grading and filling; nor does it include the installation of streets and/or walkways; nor does it include excavation for a basement, footings, piers, or foundations or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure.

 

Structure (flood plain overlay) shall mean a walled and roofed building that is principally above ground, as well as a manufactured home dwelling, and a gas or liquid storage tank that is principally above ground.

 

Substantial improvement shall mean any repair, reconstruction, or improvement of a structure, the cost of which equals or exceeds fifty percent (50%) of the market value of the structure either, (1) before the improvement or repair is started, or (2) if the structure has been damaged and is being restored, before the damage occurred.  For the purpose of this definition, “substantial improvement” is considered to occur when the first alteration of any wall, ceiling, floor, or other structural part of the building commences, whether or not that alteration affects the external dimensions of the structure.  The term does not, however, include either (1) any project for improvement of a structure to comply with existing, state or local health, sanitary, or safety code specifications which are solely necessary to assure safe living conditions, or (2) any alteration of a structure listed on the National Register of Historic Places or a State Inventory of Historic Places.

 

Variance (flood plain overlay) shall mean a grant of relief to a person from the requirements of this division which permits construction in a manner otherwise prohibited by this division where specific enforcement would result in unnecessary hardship.

 

100-year flood shall mean the base flood having a one percent chance of actual occurrence. 

 

Source:  Ord. No. 4603, § 1, 9-16-02; Ord. No. 5434, § 2, 10-3-16; Ord. No. 5563, § 61, 8-20-18

 

Sec. 27-243.  Statement of purpose - Flood Plain Overlay.

 

It is the purpose of this division to promote the public health, safety and general welfare and to minimize those flood losses resulting from periodic inundation which result in loss of life, property, or health or create safety hazards or the disruption of commerce and governmental services and which may cause extraordinary public expenditures for flood protection and relief, and impairment of the tax base all of which adversely affect the public health, safety and general welfare, by applying the provisions of this division to:

 

(1)       Restrict or prohibit uses which are dangerous to health, safety, or property in times of flooding or cause undue increases in flood heights or velocities.

 

(2)       Require that uses vulnerable to floods, including public facilities which serve such uses, be provided with flood protection at the time of initial construction.

 

(3)       Protect individuals from buying lands which are unsuited for intended purposes because of flood hazard.

 

(4)       Assure that eligibility is maintained for property owners in the community to purchase flood insurance in the National Flood Insurance Program when identified by the Federal Insurance Administration as a flood prone community. 

 

Source:  Ord. No. 4603, § 1, 9-16-02

 

Sec. 27-244.  General provisions - Flood Plain Overlay.

 

(a)   This division shall apply to all lands within the jurisdiction of the City of Norfolk, Nebraska identified on the Flood Insurance Rate Map (FIRM), approved by ordinance, as numbered and unnumbered A Zones and/or within the zoning overlay districts FW and FF defined in Sec. 27-246 of this division.  In all areas covered by this division, no development shall be permitted except upon a permit to develop granted by the governing body or its duly designated representative under such safeguards and restriction as they may reasonably impose for the promotion and maintenance of the general health, welfare, and safety of the inhabitants of the community and where specifically noted in Secs. 27-247, 27-248, and 27-249 of this Code.

 

(b)   The zoning official or his or her designee of the community is hereby designated as the council's duly designated enforcement officer.

 

(c)   The boundaries of the floodway and floodway fringe overlay districts shall be determined by scaling distances on the official zoning map.  Where interpretation is needed to the exact location of the boundaries of the districts as shown on the official zoning map, as for example where there appears to be a conflict between a mapped boundary and actual field conditions, the enforcement officer shall make the necessary interpretations.  In such cases where the interpretation is contested, the board of adjustment will resolve the dispute.  The base flood elevation for the point in question shall be the governing factor in locating the district boundary on the land.  The person contesting the location of the district boundary shall be given a reasonable opportunity to present his or her case to the board and to submit his or her own technical evidence, if so desired.

 

(d)   No development located within known flood areas of the community shall be located, extended, converted or structurally altered without full compliance with the terms of this division and other applicable regulations.

 

(e)   It is not intended by this division to repeal, abrogate or impair any existing easements, covenants, or deed restrictions.  However, where this division imposes greater restrictions, the provision of this division shall prevail. 

 

(f)   In their interpretation and application, the provisions of this division shall be held to the minimum requirements and shall be liberally construed in favor of the governing body and shall not be deemed a limitation or repeal of any other powers granted by state statutes.

 

(g)   The degree of flood protection required by this division is considered reasonable for regulatory purposes and is based on engineering and scientific methods of study.  Larger floods may occur on rare occasions or the flood height may be increased by manmade or natural causes, such as ice jams and bridge openings restricted by debris.  This division does not imply that areas outside floodway and floodway fringe district boundaries or land uses permitted within such districts will be free from flooding or flood damages.  This division shall not create liability on the part of City of Norfolk, Nebraska, or any officer or employee thereof for any flood damages that may result from reliance on this division or any administrative decision lawfully made thereunder.

 

(h)   Where a request for a permit to develop is denied by the enforcement officer, the applicant may apply for variance directly to the board of adjustment.  The board may grant or deny such request by appropriate resolution adopted within 30 days after the date of such application. 

 

Source:  Ord. No. 4603, § 1, 9-16-02; Ord. No. 5207, § 3, 6-4-12

 

Sec. 27-245.  Development permit - Flood Plain Overlay.

 

(a)   Permit required.  No person, firm or corporation shall initiate any development or substantial improvement or cause the same to be done without first obtaining a separate permit for development for each such building or structure.

 

(b)   Administration.

 

(1)       The enforcement officer is hereby appointed to administer and implement the provisions of this division.

 

(2)       The duties of the enforcement officer shall include, but not be limited to:

 

a.         Review all development permits to assure that sites are reasonably safe from flooding and that the permit requirements of this division have been satisfied.

 

b.         Review permits for proposed development to assure that all necessary permits have been obtained from those federal, state or local governmental agencies from which prior approval is required.

 

c.         Notify adjacent communities and the Nebraska Natural Resources Commission Flood Plain Management Section prior to any alteration or relocation of a watercourse, and shall submit evidence of such notification to the Federal Insurance Administration when participating in the National Flood Insurance Program.

 

d.         Assure that maintenance is provided within the altered or relocated portion of said watercourse so that the flood carrying capacity is not diminished.

 

e.         Verify and record the actual elevation (in relation to mean sea level) of the lowest floor (including basement) of all new or substantially improved structures.

 

f.          Verify and record the actual elevation (in relation to mean sea level) to which the new or substantially improved structures have been floodproofed.

 

g.         When floodproofing is utilized for a particular structure, the enforcement officer shall be presented certification that the floodproofing requirements in Sec. 27-248 have been met or exceeded from a registered professional engineer or architect.

 

(3)       Application for permit.

To obtain a permit, the applicant shall first file an application in writing on a form furnished for that purpose.  Every such application shall:

 

a.         Identify and describe the work to be covered by the permit.

 

b.         Describe the land on which the proposed work is to be done by lot, block, tract and house and street address, or similar description that will readily identify and definitely locate the proposed building or work.

 

c.         Indicate the use or occupancy for which the proposed work is intended.

 

d.         Be accompanied by plans and specifications for proposed construction.

 

e.         Be signed by the permittee or his or her authorized agent who may be required to submit evidence to indicate such authority.

 

f.          Give such other information as reasonably may be required by the enforcement officer. 

 

Source:  Ord. No. 4603, § 1, 9-16-02

 

Sec. 27-246.  Establishment of zoning districts - Flood Plain Overlay.

 

The mapped flood plain areas within the jurisdiction of this division are hereby divided into the two following districts as identified in the official flood plain study:  A floodway overlay district (FW) and a floodway fringe overlay district (FF).  Within these districts all uses not meeting the standards of this division and those standards of the underlying zoning district shall be prohibited.  These zones shall be consistent with the numbered and unnumbered A zones as identified on the official FIRM when identified in the flood insurance study provided by the Federal Insurance Administration. 

 

Source:  Ord. No. 4603, § 1, 9-16-02

 

Sec. 27-247.  Standards for the floodway overlay district and the floodway fringe overlay district.

 

(a)   No permit for development shall be granted for new construction, substantial improvement and other improvements including the placement of manufactured home dwellings within the identified flood plain unless the conditions of this section are satisfied.

 

(b)   All areas identified as unnumbered A Zones by the Federal Insurance Administration are subject to inundation of the 100-year flood; however, the water surface elevation was not provided.  The unnumbered A Zones shall be subject to all development provisions of this division.  If flood insurance study data is not available, the community shall utilize any base flood elevation data currently available within its area of jurisdiction.

 

(c)   New construction, subdivision proposals, substantial improvements, prefabricated buildings, placement of manufactured home dwellings and other developments shall require:

 

(1)       Design or anchorage to prevent flotation, collapse or lateral movement due to flooding.

 

(2)       New or replacement water supply systems and/or sanitary sewage systems be designed to minimize or eliminate infiltration of flood waters into the systems and discharges from the systems into flood waters, and on-site waste disposal systems be located so as to avoid impairment or contamination.

 

(3)       Construction with materials resistant to flood damage, utilizing methods and practices that minimize flood damages, and with electrical, heating, ventilation, plumbing, and air conditioning equipment and other service facilities that are designed and/or located so as to prevent water from entering or accumulating within the components during conditions of flooding.

 

(4)       All utility and sanitary facilities be elevated or floodproofed one foot above the regulatory flood protection elevation.

 

(5)       That until a floodway has been designated, no development including landfill, may be permitted within the identified flood plain unless the applicant for the land use has demonstrated that the proposed use, when combined with all other existing and reasonably anticipated uses, will not increase the water surface elevation of the 100-year flood more than one (1) foot on the average cross section of the reach in which the development or landfill is located.

 

(6)       Storage of material and equipment.

 

a.         The storage or processing of materials that are in time of flooding buoyant, flammable, explosive, or could be injurious to human, animal or plant life is prohibited.

 

b.         Storage of other material or equipment may be allowed if not subject to major damage by floods and firmly anchored to prevent flotation or if readily removable from the area within the time available after flood warning.

 

(7)       Subdivision proposals and other proposed new development, including mobile home parks or subdivisions, be required to assure that (a) all such proposals are consistent with the need to minimize flood damage, (b) all public utilities and facilities, such as sewer, gas, electrical, and water systems are located, elevated and constructed to minimize or eliminate flood damage, (c) adequate drainage is provided so as to reduce exposure to flood hazards, and (d) proposals for development (including proposals for mobile home parks and subdivisions) of five (5) acres or fifty (50) lots, whichever is lesser, include within such proposals the regulatory flood elevation. 

 

Source:  Ord. No. 4603, § 1, 9-16-02

 

Sec. 27-248.  Floodway fringe overlay district.

 

(a)  Permitted uses.  Any use permitted in Sec. 27-249 shall be permitted in the Floodway Fringe Overlay District.  No use shall be permitted in the district unless the standards of Sec. 27-247 are met.

 

(b)  Standards for the floodway fringe overlay district.

 

(1)       Require new construction or substantial improvements of residential structures to have the lowest floor, including basement elevated one foot above the base flood elevation.

 

(2)       Require new construction or substantial improvements of nonresidential structures to have the lowest floor, including basement, elevated one foot above the base flood elevation or, together with attendant utility and sanitary facilities be floodproofed so that below such a level the structure is water tight with walls substantially impermeable to the passage of water and with structural components having the capability of resisting hydrostatic and hydrodynamic loads and effects of buoyancy.  A registered professional engineer or architect shall certify that the standards of this subsection are satisfied. 

 

(3)       Require for all new construction and substantial improvements that fully enclosed areas below the lowest floor that are subject to flooding shall be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwaters.  Designs for meeting this requirement must either be certified by a registered professional engineer or architect or meet or exceed the following minimum criteria:

 

a.         A minimum of two openings having a total net area of not less than one square inch for every square foot of enclosed area subject to flooding shall be provided. 

 

b.         The bottom of all openings shall be no higher than one foot above grade. 

 

c.         Openings may be equipped with screens, louvers, valves, or other coverings or devices provided that they permit the automatic entry and exit of floodwaters.

 

(4)       Within AH zones, adequate drainage paths around structures on slopes shall be required in order to guide floodwaters around and away from proposed structures.

 

(5)        Appurtenant structures used exclusively for storage of vehicles and storage of other items readily removable in the event of a flood warning may have their lowest floor below one foot above the base flood elevation provided the structure is capable of withstanding hydrostatic and hydrodynamic forces caused by the base flood, or the structure is designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwaters and provided that no utilities are installed in the structure except elevated or floodproofed electrical fixtures.  The designs for meeting the equalization of hydrostatic flood forces must either be certified by a registered professional engineer or architect or meet or exceed the following minimum criteria:

 

a.         A minimum of two openings having a total net area of not less than one square inch for every square foot of enclosed area subject to flooding shall be provided. 

 

b.         The bottom of all openings shall be no higher than one foot above grade; and 

 

c.         Openings may be equipped with screens, louvers, valves, or other coverings or devices provided that they permit the automatic entry and exit of floodwaters.

 

            If the structure is converted to another use, it must be brought into full compliance with the minimum standards governing such use. 

 

(c)  Mobile homes.

 

(1)       All mobile homes shall be anchored to resist flotation, collapse, or lateral movement.  Mobile homes must be anchored in accordance with local building codes or FEMA guidelines.  In the event that over-the-top frame ties to ground anchors are used, the following specific requirements (or their equivalent) shall be met:

 

a.         Over-the-top ties be provided at each of the four corners of the mobile home, with two additional ties per side at intermediate locations and mobile homes less than 50 feet long requiring one additional tie per side;

 

b.         Frame ties be provided at each corner of the home with five additional ties per side at intermediate points and mobile homes less than 50 feet long requiring four additional ties per side;

 

c.         All components of the anchoring system be capable of carrying a force of 4,800 pounds; and

 

d.         Any additions to the mobile home be similarly anchored.

 

(2)       Require that all mobile homes placed within Zones A1-30, AH and AE on the community's FIRM, be elevated on a permanent foundation such that the lowest floor of the mobile home is at or above the base flood elevation; and be securely anchored to an adequately anchored foundation system in accordance with the provisions of this section.

 

(d)  Located within the areas of special flood hazard established in Sec. 27-244 are areas designated as AO Zones.  These areas have special flood hazards associated with base flood depths of 1 to 3 feet where a clearly defined channel does not exist and where the path of flooding is unpredictable and indeterminate; therefore, the following provisions apply within AO Zones:

 

(1)       All new construction and substantial improvements of residential structures shall have the lowest floor (including basement) elevated above the highest adjacent grade at least as high as one foot above the depth number specified in feet on the community's FIRM or if no depth number is specified, at least two feet above the highest adjacent grade.

 

(2)       All new construction and substantial improvements of nonresidential structures shall:

 

a.         Have the lowest floor (including basement) elevated above the highest adjacent grade at least as high as one foot above the depth number specified in feet on the community's FIRM or if no depth number is specified, at least two feet above the highest adjacent grade; or

 

b.         Together with attendant utility and sanitary facilities be completely floodproofed to or above that level so that any space below that level is watertight with walls substantially impermeable to the passage of water and with structural components having the capability of resisting hydrostatic and hydrodynamic loads and effects of buoyancy.  Such certification shall be provided to the enforcement officer as set forth in Sec. 27-245.

 

(3)        Adequate drainage paths around structures on slopes shall be required in order to guide floodwaters around and away from structures. 

 

Source:  Ord. No. 4603, § 1, 9-16-02; Ord. No. 5434, § 3, 10-3-16

 

Sec. 27-249.  Floodway overlay district.

 

(a)   Permitted uses.  Only uses having a low flood damage potential and not obstructing flood flows shall be permitted within the floodway overlay district to the extent that they are not prohibited by any other provisions of this Code and provided they do not require structures, fill, or storage of materials or equipment.  No use shall increase the flood levels of the base flood elevation.  These uses are subject to the standards of Secs. 27-247 and 27-248 and include:

 

(1)       Agricultural uses such as general farming, pasture, nurseries, forestry.

 

(2)       Residential uses such as lawns, gardens, parking and play areas.

 

(3)       Nonresidential areas such as loading areas, parking, airport landing strips.

 

(4)       Public and private recreational uses such as golf courses, archery ranges, picnic grounds, parks, wildlife and nature preserves. 

 

(b)   New placement of residential structures including mobile homes is prohibited within the identified floodway (FW) areas.

 

(c)   Replacement of mobile homes in existing mobile home parks and subdivisions is prohibited.

 

(d)   In Zone A unnumbered, the enforcement officer may obtain, review and reasonably utilize any floodway data available through federal, state or other sources or Sec. 27-247 of this division, in meeting the standards of this section. 

 

Source:  Ord. No. 4603, § 1, 9-16-02

 

Sec. 27-250.  Variance procedures - Flood Plain Overlay.

 

(a)   The board of adjustment as established by the city shall hear and decide appeals and requests for variances from the requirements of this division.

 

(b)   The board of adjustment shall hear and decide appeals when it is alleged that there is an error in any requirement, decision, or determination made by the enforcement officer in the enforcement or administration of this division.

 

(c)   In passing upon such applications, the board of adjustment shall consider all technical evaluation, all relevant factors, standards specified in other sections of this division; and

 

(1)       The danger that materials may be swept onto other lands to the injury of others;

 

(2)       The danger to life and property due to flooding or erosion damage;

 

(3)       The susceptibility of proposed facility and its contents to flood damage and the effect of such damage on the individual owner;

 

(4)       The importance of the services provided by the proposed facility to the community;

 

(5)       The necessity to the facility of a waterfront location, where applicable;

 

(6)       The availability of alternative locations, not subject to flooding or erosion damage, for the proposed use;

 

(7)       The compatibility of the proposed use with existing and anticipated development;

 

(8)       The relationship of the proposed use to the comprehensive plan and flood plain management program for that area;

 

(9)       The safety of access to the property in times of flood for ordnance and emergency vehicles;

 

(10)     The expected heights, velocity, duration, rate of rise and sediment transport of the flood waters and the effects of wave action, if applicable, expected at the site; and,

 

(11)     The costs of providing governmental services during and after flood conditions including maintenance and repair of public utilities and facilities such as sewer, gas, electrical, and water systems, and streets and bridges.

 

(d)   Conditions for variances.  Generally, variances may be issued for new construction and substantial improvements to be erected on a lot of one-half acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood level, provided the following items have been fully considered.  As the lot size increases beyond the one-half acre, the technical jurisdiction required for issuing the variance increases.

 

(1)       Variances may be issued for the reconstruction, rehabilitation or restoration of structures listed on the National Register of Historic Places or the State Inventory of Historic Places, without regard to the procedures set forth in the remainder of this section.

 

(2)       Variances shall not be issued within any designated floodway if any increase in flood levels during the base flood discharge would result.

 

(3)       Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief.

 

(4)       Variances shall only be issued upon (1) a showing of good and sufficient cause, (2) a determination that failure to grant the variance would result in exceptional hardship to the applicant, and (3) a determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, create nuisances, cause fraud on or victimization of the public, or conflict with existing local laws or ordinances.

 

(5)       Any applicant to whom a variance is granted shall be given a written notice that the cost of flood insurance will be commensurate with the increased risk resulting from the reduced lowest floor elevation.

 

(6)       Any person aggrieved by the decision of the board of adjustment or any taxpayer may appeal such decision as provided in Section 19-912, R.R.S. 1943, as the same may, from time to time, be amended. 

 

Source:  Ord. No. 4603, § 1, 9-16-02

 

Sec. 27-251.  Nonconforming use - Flood Plain Overlay.

 

A structure or the use of structure or premises which was lawful before the original enactment or subsequent amendment of this division but which is not in conformity with the provisions of this division may be continued subject to the following conditions:

 

(1)       No such use or substantial improvement of that use shall be expanded, changed, enlarged, or altered in a way which increases its nonconformity.

 

(2)       If such use is discontinued for twelve (12) consecutive months, any future use of the building or premises shall conform to this division. 

 

(3)       Uses or adjuncts thereof which are or become nuisances shall not be entitled to continue as nonconforming uses.

 

(4)       When any nonconforming use or structure is destroyed by any means, including flood, to the extent that more than fifty percent (50%) of the floor area requires reconstruction or to the extent of more than fifty percent (50%) of its replacement cost at the time of the damage or destruction, the nonconforming use or structure shall not be restored within those areas identified as floodway (FW).  This limitation does not include the cost of any alteration to comply with existing state or local health, sanitary, building, or safety codes or regulations or the cost of any alteration of a structure listed on the National Register of Historic Places or a State Inventory of Historic Places. 

 

Source:  Ord. No. 4603, § 1, 9-16-02

 

Sec. 27-252.  Amendments to flood plain regulations.

 

Amendments of Secs. 27-241 through 27-260 shall be made pursuant to the provisions of Sec. 27-39 of this chapter. 

 

Source:  Ord. No. 4603, § 1, 9-16-02

 

Secs. 27-253 – 27-260. Reserved.

 

DIVISION 4.  AIRPORT OVERLAY DISTRICT

Sec. 27-261.  Intent - Airport Overlay.

 

The Airport Overlay District is intended to restrict development on land surrounding the municipal airport to provide protection for those aircraft utilizing the airspace within for takeoffs, landings and other maneuvers. 

 

Source:  Ord. No. 4603, § 1, 9-16-02; Ord. No. 5449, § 1, 2-6-17;

 

Sec. 27-262.  Definitions.

 

Unless specifically defined below, or in Section 27-2 of this Code, words and phrases used in this division shall be interpreted so as to give them the same meaning as they have in common usage and so as to give this division its most reasonable application.

 

Airport means an area of land or water that is used or intended to be used for the landing and takeoff of aircraft, and includes any related buildings and facilities.  Airport includes only public-use airports with state or federally approved airport layout plans and military airports with military service-approved military layout plans.

 

Airport Hazard means any structure or tree or use of land that penetrates any approach, operation, transition, or turning zone.

 

Airport Hazard Area means any area of land or water upon which an airport hazard might be established if not prevented as provided in this section, but such area shall not extend in any direction a distance in excess of the limits provided for approach, operation, transition, and turning zones.

 

Airport Layout Plan means a scaled drawing of existing and proposed land, buildings, and facilities necessary for the operation and development of an airport prepared in accordance with state rules and regulations and federal regulations and guidelines.

 

Instrument Runway means an existing runway with precision or non-precision instrument approaches as developed and published by the Federal Aviation Administration or an existing or proposed runway with future precision or non-precision instrument approaches reflected on the airport layout plan.

 

Runway means a defined area at an airport that is prepared for the landing and takeoff of aircraft along its length.

 

Structure means any object constructed or installed by man, including but not limited to buildings, towers, smokestacks, and overhead transmission or distribution lines.

 

Tree means any object of natural growth.

 

Source:  Ord. No. 4603, § 1, 9-16-02; Ord. No. 5207, § 4, 6-4-12; Ord. No. 5449, § 1, 2-6-17;

 

Sec. 27-263.  Scope and Zoning Map - Airport Overlay.

 

(a)   This division shall apply to such lands and water situated within the operation zones, approach zones, turning zones, and transition zones.  Generally this area includes three (3) miles beyond the boundaries of airport property and within the ten (10) mile approach extension which lie within the corporate limits of the city or extraterritorial zoning jurisdiction as delineated on the official extraterritorial zoning jurisdiction map of the city.  The area to be regulated is to be known as the airport hazard area as indicated on the official Airport Zoning Map approved by ordinance.

 

(b)   The boundaries, operation zones, approach zones, transition zones, and turning zones of the airport are indicated on the Airport Zoning Map, adopted by ordinance, which is attached hereto and made a part hereof by reference.

 

Source:  Ord. No. 4603, § 1, 9-16-02;  Ord. No. 5449, § 1, 2-6-17;

 

Sec. 27-264.  Zone descriptions - Airport Overlay.

 

(a)   An “operation zone” shall be longitudinally centered on each existing or proposed runway.  Such operation zone extends two hundred (200) feet beyond the end of each runway.  For paved runways, the runway end shall be determined by the end of the runway hard surfacing and shall begin and end at the same points as the runway begins and ends for turf runways.  The operation zones are one thousand (1,000) feet wide with five hundred (500) feet on either side of the instrument runway centerline and are five hundred (500) feet wide with two hundred fifty (250) feet on either side of the runway centerline for all other runways.

 

(b)   An "approach zone" shall extend from the end of each operation zone and shall be centered along the extended runway centerlines.  Instrument runway approach zones extend ten miles from the operation zone, measured along the extended runway centerline.  The approach zone is one thousand (1,000) feet wide at the end of the zone nearest the runway which is adjacent to the operation zone and expands uniformly to sixteen thousand eight hundred forty (16,840) feet wide at the farthest end of the zone which is ten miles (10) from the operation zone.

 

(c)   The "turning zones" shall be located at a distance of three miles (3) radius from the corners of the operation zone of each runway and connecting adjacent arcs with tangent lines, excluding any area within the operation zone, approach zone, or transition zone.

 

(d)   The “transition zones” shall extend outward at a right angle to the runway centerline and upward at a rate of one foot vertically for every seven feet horizontally (7:1) and ends at a height of one hundred fifty (150) feet above the highest elevation on the existing or proposed runway.

 

Source:  Ord. No. 4603, § 1, 9-16-02;  Ord. No. 5449, § 1, 2-6-17;

 

Sec. 27-265.  Height regulations - Airport Overlay.

 

No building, transmission line, communication line, pole, tree, smokestack, chimney, wires, tower or other structure or appurtenance thereto of any kind or character shall hereafter be erected, constructed, repaired or established, nor shall any tree or other object of natural growth be allowed to grow:

 

(a)       In the operation zones to a height greater than the height of the runway centerline elevation on an existing or proposed runway or the surface of the ground, whichever is higher; 

 

(b)       In an approach zone to a height greater than the elevation of the runway end for which it is the approach and which rises one foot vertically for every fifty feet horizontally (50:1), except that the height limit shall not exceed one hundred fifty (150) feet above the nearest existing or proposed runway end elevation within three (3) miles of the end of the operation zone at that runway end.  At three (3) miles from such operation zone, the height limit resumes sloping one foot vertically for every fifty feet horizontally (50:1) and continues to the ten (10) mile limit;

 

(c)       In the turning zone to a height greater than one hundred fifty feet above the highest elevation on the existing or proposed runway;

 

(d)       In the transition zones to a height greater than the height limit of the adjacent approach zone or operation zone and ending at a height of one hundred fifty (150) feet above the highest elevation on the existing or proposed runway.

 

Source:  Ord. No. 4603, § 1, 9-16-02; Ord. No. 5449, § 1, 2-6-17;

 

Sec. 27-266.  Notice of Proposed Construction or Alteration or Permit - Airport Overlay.

 

(a)   Within the turning zones, the height regulations set forth in Section 27-265 shall not apply to construction or a tree which is no higher than seventy-five (75) feet above the nearest existing or proposed runway end.  It shall hereafter be unlawful, within the airport hazard area, to erect, construct, reconstruct, repair, or establish any building, transmission line, communication line, pole, tree, tower, smokestack, chimney, wires, or other structure or appurtenance thereto of any kind or character or to plant or replant any tree within the boundary of the hazard area of said airport without first determining the need to run the Federal Aviation Administration Notice of Criteria Tool and then, if necessary, filing an application of proposed construction or alteration and obtaining a Determination of No Hazard letter from the Federal Aviation Administration.  The Determination of No Hazard letter shall be provided to the City of Norfolk code official.

 

(b)   An application for a notice of proposed construction or alteration, as required under these regulations, shall be made upon the Federal Aviation Administration form 7460-1 available online at www.faa.gov/forms, and shall indicate the approximate location, ground elevation with reference to the elevation at the end of the nearest runway or landing strip, and height of the proposed structure or tree utilizing the standard mature height for any plant species and variety.  The form 7460-1 shall be submitted to the Federal Aviation Administration.

 

(c)   If any new structures or alteration of existing structures exceed a height of one hundred fifty (150) feet above the surface of the ground at point of installation, it shall be unlawful to build, erect or maintain any said structure without first obtaining a written permit from the Nebraska Department of Aeronautics as provided in Nebraska Revised Statutes 1943 (Reissue 2012)  §3-403.  The permit shall be applied for upon the Nebraska Department of Aeronautics form HP1, available online at www.aero.nebraska.gov, and shall be submitted to the Nebraska Department of Aeronautics.  A copy of the written permit granted by the Nebraska Department of Aeronautics shall be provided to the City of Norfolk code official.

 

Source:  Ord. No. 4603, § 1, 9-16-02; Ord. No. 5449, § 1, 2-6-17; Ord. No. 5563, § 62, 8-20-18;

 

Sec. 27-267.  Nonconforming structures - Generally - Airport Overlay.

 

Within the airport hazard area, no nonconforming building, transmission line, communication line, pole, tree, smokestack, chimney, wires, tower or other structure or appurtenance thereto of any kind or character, or tree may hereafter be replaced, substantially reconstructed, repaired, altered, replanted or allowed to grow to a height which does not constitute a greater hazard to air navigation than that which existed prior to June 29, 1959 which is the effective date of this division of the Code.  In the event a nonconforming structure or object of natural growth has been abandoned for a period of twelve (12) months or more, it may be reconstructed only at a height complying with the provisions of this division or pursuant to the terms of any conditional use permit granted as authorized by the Chapter.  For nonconforming structures other than electric facilities, no permit under this section shall be required for repairs necessitated by fire, explosion, act of God, or the common enemy or for repairs which do not involve expenditures exceeding more than sixty (60%) percent of the fair market value of the nonconforming structure, so long as the height of the nonconforming structure is not increased over its preexisting height.  Transmission lines and communication lines as referred to in these regulations shall be interpreted to mean all poles, wires, guys and all other equipment necessary for the operation and maintenance of same within the zone regulated.  

 

Source:  Ord. No. 4603, § 1, 9-16-02; Ord. No. 4625, § 1, 1-6-03; Ord. No. 5449, § 1, 2-6-17;

 

Sec. 27-268.  Nonconforming structures - marking - Airport Overlay.

 

Whenever the zoning official or his or her designee shall determine, or shall be notified by the Nebraska Department of Aeronautics that a specific nonconforming structure or objects have existed prior to June 29, 1959 which is the effective date of this division, within the airport hazard area previously described at such a height or in such a position as to constitute a hazard to the safe operation of aircraft landing at or taking off from the airport, the owner and the lessor of the premises on which such structure or object is located shall be notified in writing by the zoning official or his or her designee and shall permit the marking thereof by suitable lights or other signals designated by the zoning official or his or her designee and based on recommendations of the Nebraska Department of Aeronautics.  The cost of such marking shall not be assessed against the owner or lessor of said premises. 

 

Source:  Ord. No. 4603, § 1, 9-16-02; Ord. No. 5449, § 1, 2-6-17;

 

Sec. 27-269.  Administrative agency - Airport Overlay.

 

The zoning official or his or her designee shall administer and enforce this division and shall have all the powers and perform all the duties of the administrative agency as provided by the Airport Zoning Act of this state. 

 

Source:  Ord. No. 4603, § 1, 9-16-02; Ord. No. 5449, § 1, 2-6-17;

 

Sec. 27-270.  Board of zoning adjustment - Airport Overlay.

 

The board of zoning adjustment shall be the board of adjustment with respect to this division, to have and exercise the powers conferred by statute and such others powers and duties as are conferred and imposed by law. 

 

Source:  Ord. No. 4603, § 1, 9-16-02; Ord. No. 5449, § 1, 2-6-17;

 

DIVISION 5.  WELLHEAD PROTECTION OVERLAY DISTRICT

Sec. 27-271.  Intent - Wellhead Protection Overlay.

 

The intent of this Wellhead Protection Overlay District is to overlay any of the primary zoning districts herein established and described in Article VII of this Chapter which may be applicable to land contained within the officially designated wellhead protection areas of the city in order to minimize the potential for contamination of the groundwater in the areas surrounding the city's water supply wells through regulation of land uses which have the potential for contamination of the groundwater source(s) from which said municipal wells derive water. 

 

Source:  Ord. No. 5025, § 3, 8-18-08

 

Sec. 27-272.  Prerequisite requirements - Wellhead Protection Overlay.

 

Prior to any application of this district to any lands within the city and/or its extraterritorial zoning jurisdiction area, the city shall have first complied with all other requirements of the Wellhead Protection Area Act (Neb. Rev. Stat. 46-1501 through 45-1509) and the additional requirements listed as follows:

 

a)        Delineation of the wellhead protection area(s) based upon a twenty (20) year time of travel recharge zone, as defined by the Nebraska Department of Environmental Quality.

 

b)        Completion and mapping of an inventory of potential contamination sources within the wellhead protection area(s), including identification of known abandoned wells and/or wells not in use.

 

c)        Formulation of emergency/contingency/long-range plans in the event of disruption of the supply of water from wells in the wellhead protection area(s).

 

d)        Formulation and implementation of an ongoing public involvement/education program to permit public comment in the establishment of a Wellhead Protection Plan (WHPP), including a plan to provide public information regarding the WHPP and voluntary cooperation with the same.

 

e)        Development of a plan to install and maintain Wellhead Protection Area signs on roadways around the wellhead protection area(s). 

 

Source:  Ord. No. 5025, § 3, 8-18-08

 

Sec. 27-273.  Limitation on application - Wellhead Protection Overlay.

 

This district may only be applied to lands within wellhead protection areas based upon a twenty (20) year time of travel recharge zone, as defined by the Nebraska Department of Environmental Quality, as delineated on the official Wellhead Protection Overlay District Map of the city approved by ordinance.  In the event the boundaries of any such wellhead protection area(s) do not follow easily identifiable boundaries such as roads, rivers, creeks, section, quarter section or quarter-quarter section lines, the boundaries of such areas shall be expanded to, but not beyond, the nearest such lines to avoid confusion and added administrative costs associated with in-the-field determination of such boundaries. 

 

Source:  Ord. No. 5025, § 3, 8-18-08; Ord. No. 5207, § 5, 6-4-12

 

Sec. 27-274.  Amendment of Official Zoning Map - Wellhead Protection Overlay.

 

Whenever the requirements of Section 27-272 of this Code have been complied with, and the Norfolk Planning Commission and City Council have conducted public hearings regarding application of this district in accordance with Article IV of this Chapter and the City Council has acted to approve the application of a Wellhead Protection Overlay District, the boundaries of such wellhead protection area (overlay district), defined in accordance with Section 27-273 above, shall be indicated on the Norfolk, Nebraska Official Zoning Map and such map amendment shall be signed in accordance with the requirements of Article IV of this Chapter. 

 

Source:  Ord. No. 5025, § 3, 8-18-08

 

Sec. 27-275.  Permitted uses and structures - Wellhead Protection Overlay.

 

Any use or structure indicated as a permitted use in the primary zoning district(s) on which this Wellhead Protection Overlay is overlain, shall be permitted in accordance with the zoning permit requirements set forth in such primary zoning district(s), except when specifically prohibited in Sec. 27-277 of this Code and except when an otherwise permitted use is listed as a conditional use in Sec. 27-276 of this Code.  All such permitted uses shall comply with any additional wellhead protection restrictions applicable to such uses as set forth in Sec. 27-278 of this Code. 

 

Source:  Ord. No. 5025, § 3, 8-18-08

 

Sec. 27-276.  Conditional uses and structures - Wellhead Protection Overlay.

 

a.   Any use listed as a conditional use in the primary zoning district(s) on which this Wellhead Protection Overlay is overlain, except the uses specifically prohibited in Section 27-277 of this Code, may be authorized as a conditional use in accordance with the requirements and procedures specified in Article VI of this Chapter, provided the authorization of any conditional use shall include at least the condition that any use so authorized shall comply with all applicable requirements and restrictions of Sec. 27-278 of this Code.

 

b.   In addition to the conditional uses authorized above, non-residential, septic and/or on-site wastewater treatment systems may be granted as a conditional use within the Wellhead Protection Overlay District. 

 

Source:  Ord. No. 5025, § 3, 8-18-08

 

Sec. 27-277.  Prohibited uses and structures - Wellhead Protection Overlay.

 

Uses and structures, which are prohibited in the primary zoning district(s) on which this district is overlain, shall be prohibited and, regardless of whether prohibited in the primary zoning district(s), the following uses, activities and structures shall be specifically prohibited on any land area on which this district is applied:

 

a.         Medium or Large Concentrated Animal Feeding Operations as defined in Nebraska Title 130 (Livestock Waste Control Regulations), and associated waste handling facility uses.

b.         Stockpiling of livestock manure, paunch, or sludge.

c.         Containment of liquid livestock waste, manure, paunch, or sludge.

d.         Landfills and refuse recycling centers.

e.         Sand, gravel, or limestone mining operations.

f.          Chemical reclamation facilities.

g.         Hazardous waste impoundment facilities.

h.         Salvage (junk) yards of all types.

i.          Non-residential septic and/or on-site wastewater treatment systems, unless a conditional use permit is issued as authorized in Section 27-276(b). 

 

Source:  Ord. No. 5025, § 3, 8-18-08

 

Sec. 27-278.  Wellhead protection requirements and restrictions - Wellhead Protection Overlay.

 

The following requirements and restrictions shall apply to all uses within any land areas on which this district is applied:

 

a)        Storage of gasoline, diesel fuel, fuel oil or other similar fuels, whether on a farm or ranch or in association with any other use, shall comply with the rules and regulations of Title 126 (Rules and Regulations Pertaining to Management of Waste), Title 159 (Underground Fuel Storage Tanks), and the National Fire Protection Association Code 30, administered by the Nebraska Department of Environmental Quality or other responsible agency or department.  In addition, storage of gasoline, diesel fuel, fuel oil or other similar fuels in excess of one hundred forty (140) gallons within two hundred (200) feet of any well, whether on a farm or ranch or in association with another land use and whether or not such fuels are stored on, above or below ground, shall include an impervious liner or shall include double wall construction.

 

b)        Fuel storage associated with any irrigation engine, including any portable fuel storage tanks shall be equipped with an impervious containment area, or double wall construction, in accordance with Chapter 34 of the International Fire Code, 2006 edition, the National Fire Protection Association Code 30, and with Title 126 (Rules and Regulations Pertaining to the Management of Waste), administered by the Nebraska Department of Environmental Quality, in the event of a release.

 

c)        No new fuel storage in excess of one hundred forty (140) gallons shall be permitted within one thousand (1,000) feet of any municipal well.

 

d)        Bulk storage of fertilizers, herbicides, pesticides and other materials other than fuels, determined by the United States Environmental Protection Agency to be hazardous materials, shall be prohibited, except when a conditional use for such use is authorized and such authorization includes a condition that all such uses shall comply with the applicable rules and regulations of Title 118 (Groundwater Quality Standards and Use Classifications), Title 119 (National Pollutant Discharge Elimination System Permits), Title 126 (Rules and Regulations Pertaining to the Management of Waste), Title 128 (Nebraska Hazardous Waste Regulations), Title 159 (Rules and Regulations Pertaining to Underground Fuel Storage Tanks) and Title 198 (Rules and Regulations Pertaining to Agricultural Chemical Containment), administered by the Nebraska Department of Environmental Quality and other agencies.

 

e)        Any industrial or commercial process that includes more than 1,000 lbs. of materials, determined by the United States Environmental Protection Agency to be hazardous materials, shall be prohibited, except when a conditional use for such use is authorized and such authorization includes a condition that all such uses shall comply with the applicable rules and regulations of Title 118 (Groundwater Quality Standards and Use Classifications), Title 119 (National Pollutant Discharge Elimination System Permits), Title 126 (Rules and Regulations Pertaining to the Management of Waste), Title 128 (Nebraska Hazardous Waste Regulations), Title 159 (Underground Fuel Storage Tanks) and Title 198 (Rules and Regulations Pertaining to Agricultural Chemical Containment), administered by the Nebraska Department of Environmental Quality and other agencies.

 

f)         Prior to the development of any permitted land use, any abandoned well which has not been closed and sealed in accordance with the requirements of Title 178 Chapter 12 (Water Well Standards) and the requirements of the applicable Natural Resource District(s) guidelines shall be so closed and sealed.

 

g)        No septic tank, tile field or other on-site wastewater treatment system, associated with any type of land use, shall be located within one thousand (1,000) feet of any municipal well protected under this district.

 

h)        One septic tank and tile field or other on-site wastewater treatment system may be established on an undeveloped lot of record, as defined in Sec 27-2 of this Code, located more than one thousand (1,000) feet from any municipal well protected under this district and existing as of the effective date of application of this district and the entirety of said lot of record lies within the land area on which this district is applied and when a public sewer is not available within 300 feet or as otherwise defined in Sec. 26-57 of this Code and provided such tank, tile field or other system complies with the requirements of Title 124 (Rules and Regulations Pertaining to On-Site Wastewater Treatment) of the Nebraska Department of Environmental Quality.

 

i)          If a new lot is created after the effective date of application of this district and the entirety of said lot lies within the land area on which this district is applied and a public sewer is not available within 300 feet or as otherwise defined in Sec. 26-57 of this Code to serve such lot of record, one septic tank and tile field or other on-site wastewater treatment system may be established, provided such tank, tile field or other system complies with the requirements of Title 124 (Rules and Regulations Pertaining to On-Site Wastewater Treatment) of the Nebraska Department of Environmental Quality and is located more than one thousand (1,000) feet from any municipal well protected under this district.  However, in no event shall more than four (4) septic tanks, tile fields or other on-site wastewater treatment systems be established or located in any quarter/quarter (40 acre) parcel of land within this overlay district.

 

j)         Domestic, irrigation, and any other water wells, other than municipal water wells shall be prohibited within a wellhead protection area on which this district has been applied, provided that:

 

(1)       Any existing irrigation well may be replaced with the same capacity well if said existing well no longer functions, or

(2)       A new irrigation well may be established on a non-irrigated parcel of land eighty (80) acres in area or larger provided such well shall not be located closer than one thousand (1,000) feet to any well protected under this district, or

(3)       If an undeveloped lot of record, as defined in Sec. 27-2 of this Code, exists as of the effective date of application of this district and the entirety of said lot of record lies within the land area on which this district is applied, one (1) four (4) inch casing diameter domestic well may be established, provided such well shall be constructed in accordance with the rules and requirements of Title 178 (Water Well Standards) and said well or wells are not located closer than one thousand (1,000) feet to any well protected under this district, or

(4)       If a new lot is created after the effective date of application of this district and the entirety of said lot lies within the land area on which this district is applied one (1) four (4) inch casing diameter domestic well may be established, provided such well shall not be located closer than one thousand (1,000) feet to any well protected under this district and shall be constructed in accordance with the rules and requirements of Title 178 (Water Well Standards).  However, in no event shall more than four (4) four (4) inch casing diameter domestic wells be established or located in any quarter/quarter (40 acre) parcel of land within this overlay district.

 

k)         Any application of agricultural crop fertilizers, livestock manure, pesticides, or herbicides to the land or crops through an irrigation system (chemigation) shall comply with the rules and requirements of Title 195 (Rules and Regulations Pertaining to Chemigation).  Further, when such fertilizers and/or livestock manure is applied, the amount of such fertilizers and/or livestock manure shall be at agronomic rates.  Written verification of amounts of such fertilizers and/or livestock manure shall be provided upon request to the city by the owner of any land within this district.

 

l)          If any land area contained within a Wellhead Protection Overlay District is also part of a special protection area or ground water management area established under the Groundwater Management Protection Act, all uses within such areas, including agricultural uses, shall comply with the action plan and best management practices established for such areas by the applicable Natural Resource District(s).

 

m)       Any land use or any particular potential pollution hazard for which a separation distance is provided in Title 179 (Rules and Regulation Pertaining to Siting, Design and Construction of Public Water Systems) of the Nebraska Department of Health and Human Services shall be located a sufficient distance from any municipal water well so that the distance from the municipal water well to the potential source of contamination described in Title 179 shall exceed the separation distances provided for in Title 179. 

 

Source:  Ord. No. 5025, § 3, 8-18-08

 

Sec. 27-279.  Minimum lot development requirements - Wellhead Protection Overlay.

 

The minimum lot area, width, yard, building height and other requirements for any lot in this overlay district shall be as set forth in the primary zoning district(s) on which this district is overlain. 

 

Source:  Ord. No. 5025, § 3, 8-18-08

 

Sec. 27-280.  Reserved.

 

DIVISION 6.  NORTH FORK OF THE ELKHORN RIVER OVERLAY DISTRICT

Sec. 27-280.01.  Intent - North Fork of the Elkhorn River Overlay.

 

The intent of this North Fork of the Elkhorn River Overlay District is to overlay the primary zoning districts established and described in Article VII of this Chapter which may be applicable to land contained within the officially designated North Fork of the Elkhorn River Overlay District to provide the flexibility for future new development to facilitate a positive transition from the existing downtown district toward a lively, active riverfront.  This overlay district will supplement the underlying zoning to provide a framework that includes the tenets of a sustainable urban business environment (corporate office space, ancillary retail development, public and private parking, safe streets) and residential neighborhoods, while encouraging and promoting a connection to the elements of an accessible, pedestrian-friendly, multi-use riverfront that serves the larger community as a whole.  It is further the intent of this overlay district to protect and preserve existing residential and business properties while encouraging cohesive and harmonious design strategy for future new development.

 

Source:  Ord. No. 5489, § 1, 9-05-2017; Ord. No. 5583, § 1, 5-20-19;

 

Sec. 27-280.02.  North Fork of the Elkhorn River Overlay District Boundary.

 

The boundary of the North Fork of the Elkhorn River Overlay District is comprised of the property generally described as follows:

 

An area along the North Fork of the Elkhorn River approximtely between Benjamin Avenue and one-eighth (1/8) mile north of Omaha Avenue, and as delineated on the official North Fork of the Elkhorn River Overlay District Map of the City as approved by ordinance.  The overlay district consists of land currently zoned residential, commercial and industrial.  The proposed overlay district includes both the interior parcels and the entirety of the adjacent rights of way so that the proposed framework may apply to the street and streetscape improvements on both sides of the streets adjacent to the proposed overlay district.

 

Source:  Ord. No. 5489, § 1, 9-05-2017; Ord. No. 5582, § 1, 5-20-19;

 

Sec. 27-280.03.  Provisions for North Fork of the Elkhorn River Overlay District.

 

(a)   Description of character.  This North Fork of the Elkhorn River Overlay District will support and attract a diverse and economically sustainable mixed-use business/residential community that will continue the aesthetics of the existing downtown district, in coordination with the adjacent zoning districts, creates, encourages and promotes a safe and vibrant environment that is accessible to the public.  The character of this overlay district will include high caliber, long-lasting buildings while maintaining a strong connection to revitalized streets and green spaces where multimodal connection to the riverfront is encourage and celebrated.

 

(b)   Goals and objectives.  The goal of the overlay district is to provide a framework for future redevelopment that supplements the underlying zoning of the property within the overlay district while promoting and emphasizing design elements that transition from the downtown, urban core of the city to the vibrant, multi-use riverfront.  Its objectives include:

 

(1)       Lot dimensional allowances that support the connection of the buildings to the adjacent streetscape while providing open spaces on properties that face the North Fork of the Elkhorn River.

 

(2)       Building envelope standards that provide maximum flexibility to support high density urban development while including public amenity spaces, line of site views, and pedestrian connections to the adjacent riverfront.

 

(3)       Minimize the quantity and appearance of parking lots and loading areas within the overlay district.

 

(4)       Public and private signage and lighting standards that encourage way finding, pedestrian safety, and safe multimodal use of public space and facilitate harmonious and consistent connection between private and public spaces.

 

(5)       Landscaping standards that contribute to the establishment of safe, accessible streets with clear paths of travel, walkable connection to the riverfront, street amenities, on-street parking and continuous green canopies that reinforce appropriate transitional zones and contribute to minimizing stormwater runoff.

 

Source:  Ord. No. 5489, § 1, 9-05-17

 

Sec. 27-280.04.  Special regulations and exemptions.

 

(a)   Exemptions.  Within the overlay district, the following exemptions shall apply:

 

(1)       All single-family detached dwellings, duplexes, and single-family attached dwellings (up to 2 units) shall be exempt from all overlay district special development regulations, except for non-conforming uses.

 

(2)       Industrial and storage buildings located within an industrial district shall be exempted from landscaping requirements and architectural/building requirements only if no building abut a residentially zoned area or front on public or platted roads.  All industrial buildings shall satisfy the color requirements.

 

(3)       Electrical substations and similar public or quasi-public facilities that prohibit access by the public onto the site may be exempted from architectural/building requirements, if the exempted building(s) and equipment will be visually screened from adjacent properties and roadways.

 

Source:  Ord. No. 5489, § 1, 9-05-17; Ord. No. 5608, § 1, 4-15-19;

 

Sec. 27-280.05.  Layout and design criteria.

 

(a)   The location and design of buildings, parking facilities, and loading docks.

 

(1)       Access points for buildings, pedestrians, and vehicles shall promote safe and enjoyable connections to the street grid within the overlay district and adjacent riverfront amenity area.  Development is encouraged to reinforce the appearance and flow of pedestrian and vehicular traffic flows within the public realm.  Open spaces provided on private property shall connect and provide access to the adjacent streets, coordinating with the tree canopies and streetscape amenities provided in the right of way.

 

(2)       All exposed building walls shall contain some masonry material.  Development architectural theme is based on the existing downtown urban core area.

 

(3)       Development in the overlay district shall promote a park environment where the needs of all are considered in a sustainable, pedestrian friendly environment that encourages pedestrian access to businesses, residences, amenities and the riverfront in a safe, effective manner at all times of the day.  Single purpose, reserved surface parking should be minimized and on-street parking shall be provided to the maximum extent as right-of-way improvements are made.  Both public and private off-street parking shall be well marked and consideration should be given to opportunities for shared use parking where private parking for business might be available to the public during off-peak hours and consideration should be given to shared parking areas for multiple parcels.  Convenient bicycle parking is encouraged to be provided within both private and public parking facilities, open spaces, and in buildings.  Signage promoting the use of bicycles and providing way finding shall be utilized throughout the overlay district.

 

(4)       Loading docks shall be provided as required to minimize loading from trucks obstructing travel lanes in the streets.  Permanent docks shall be designed so that temporary encroachment of vehicles into the right of way does not exceed 20 feet or into the travel lanes (whichever is smaller) when in use.

 

(b)   On-site circulation.  Circulation within each developed parcel shall be commensurate with its use and emphasize pedestrians and multi-model connections to the adjacent streets.  Adequate provisions shall be given to the efficient entrance and exit of on-site parking facilities and proposed facilities shall identify potential impacts to the efficiency and safety of the adjacent street network.  The comfort and safety of pedestrians and bicyclists in the right of way shall be emphasized.

 

(c)   Landscaping and screening.  Setbacks are not specifically required in the overlay district but are required by the underlying zoning district and shall be described for each individual project in its plan for review, as connectivity between the buildings and adjacent streets is emphasized.  Specific attention shall be given, to the extent possible, to providing a continuous tree canopy to provide pedestrians a clear path of travel throughout the overlay district to the riverfront.  Landscaping in surface parking lots, open spaces, and adjacent streets shall be diverse and emphasize native plants and materials.  Low maintenance street trees 2" in diameter or larger are encouraged.  Trees shall be spaced in a context-sensitive manner to the adjacent buildings, roadways and parking facilities.

 

       Walls and screens shall be utilized, where appropriate, to define outdoor spaces, retain earth, enhance the pedestrian experience, separate the street-space from the private realm (parking lots, refuse areas, gardens) and screen ground level equipment.  They shall be high quality stone, brick, metal (wrought iron, welded steel and/or aluminum [electro-statically plated black]).

 

(d)   Lighting.  Outdoor lighting design for the overlay district is intended to provide safety while accenting key architectural elements and landscape features and creating a unique identity for the businesses, residential and public spaces within the overlay district.  Light fixture style, material and color shall be chosen to complement the design of any proposed development project and other lighting fixtures already approved within the overlay district.

 

       Street lighting in the right of way shall be designed to meet Illuminating Engineering Society (IES) standards for adequate light coverage and shall be directed downward and mounted horizontal to the ground surface to minimize driver distraction and light pollution.  Proposed lighting fixtures shall be a maximum of 45 feet in height (including base) within vehicular areas and 25 feet in height within non-vehicular, open space and pedestrian areas.  Lighting fixtures intended to illuminate roof-top gardens shall be designed to minimize light pollution while still providing adequate light levels to create a safe environment.  All lighting sources shall be LED with a 4000 degree kelvin temperature throughout the overlay district.  All lighting fixtures, with the exception of fixtures used to accent architectural building features, landscaping or art shall be cutoff fixtures in accordance with the Illuminating Engineering Society (IES) standards.

 

(e)   Signage.  The overlay district is intended to be a pedestrian friendly urban business environment with mixed-use elements that connect and enhance the downtown and riverfront and serve the larger community as a whole.  Signage and street graphics in this overlay district will contribute to increased traffic and pedestrian safety, reduced visual blight, and clearer connections.  Signage in this overlay district will promote appropriate signs and street graphics, harmonious with the city's visual context, and connected to other specialty districts such as the downtown district.  These goals will be achieved with utilization of appropriately scaled signage, materials, and lighting levels; the use of comprehensive lighting and graphic design, durable materials, and creative installations coupled with ongoing maintenance to create an inviting atmosphere for residents, visitors, workers, and tourists.

 

       The unique relationship of buildings to a street grid in this overlay district may present unique opportunities and challenges for utilizing signs and street graphics to optimize the user experience.  Signage will address these challenges and opportunities and maintain a consistent urban neighborhood with a cohesive, harmonious, and distinct signage standard.

 

       Signage in the overlay district shall be permitted as allowed in the underlying zoning district with the addition of the following overlay criteria: 

 

1.         Flashing signs are prohibited.

 

2.         Street light pole banners for corporate or civic events (no advertising) are permitted in the right of way.

 

3.         Light standard signs are limited to surface parking lots, and can only be used for way finding signage.

 

4.         Inflatable signs are prohibited.

 

5.         Billboards are prohibited.

 

6.         Freestanding signage in the right of way is permitted but limited to directional way finding.  Advertising is prohibited within the right of way.  Freestanding signage size shall be a maximum of 25 square feet.

 

7.         Dynamic media directory signs are permitted on private property.  Screens for dynamic media directory signs shall be a maximum of 55" diagonally, with pedestrian level lighting, not to interfere with traffic.  Any dynamic media directory signs, for off-premise entities, located within 600 feet of Norfolk Avenue shall meet Nebraska Department of Roads (NDOR) outdoor advertising standards related to screen message, turnover rate, etc.

 

8.         Rooftop signs are prohibited.

 

9.         Backlit window signs are permitted, behind perimeter fenestrations/window glass.

 

10.       District gateway signage at overlay district boundaries is permitted.

 

(f)   Building orientation, height, and setbacks.  Buildings proposed in the overlay district shall be of an orientation and height to support an urban business, mixed-use development while providing and celebrating a connection to the adjacent streets and riverfront.

 

       The setbacks from the street, adjacent side properties and setbacks from the river to provide open space and protection of the river shall be described for each individual project in its submitted plan for review.

 

       Building height shall not be limited in number of stories, or floors, but shall be appropriately scaled to be consistent with and facilitate development of facilities for business and residential enterprises, while maintaining strong connections to revitalized streets and green spaces where multimodal connection(s) to the riverfront is encouraged and celebrated--all within a sustainable urban business environment. Buildings within the overlay district shall not exceed 45 feet without requesting and being granted a conditional use permit for extra height.

 

       Permanent overhangs from the building over the public right of way shall maintain a clear height of at least 10 feet from the sidewalk, except as otherwise provided for signs, street lighting and similar appurtenances.  Temporary or intermittent overhangs or doors shall be permitted to encroach into the public right of way as long as ADA compliance is maintained.

 

       Uses that promote a lively street presence shall be encouraged by the construction of patios, terraces, or outdoor spaces in the public right of way for on-street dining, provided that a minimum of 8 feet of public access running parallel to the curb remains between the surrounding fence or rail and curb.  Patio surfaces shall be concrete, colored concrete, concrete or stone pavers or other high quality material.  Railing or fencing shall be wrought iron or welded steel/aluminum (electro-statically plated black).  Chain link or plastic fencing is not permitted.

 

(g)   Open space and pedestrian amenities.  Where open space is provided in the overlay district, specific consideration shall be given to providing pedestrian connections to the adjacent streets encouraging connection to the riverfront.  Green space, where provided, shall give consideration to enhancing the diversity of public recreational opportunities in the urban framework.  Pedestrian amenities, including seating, landscaping, a tree canopy, trash receptacles, safe and efficient lighting and way finding within and through the overlay district shall be provided, subject to review board approval.

 

(h)   Cross access easements for a riverfront promenade.  All proposed development in the overlay district shall coordinate with and connect to cross access easements providing public access to the riverfront to encourage those working, living, or visiting within the overlay district to have access to and visibility of both riverfront and surrounding public amenities.

 

(i)   The design guidelines set forth in this subsection shall be applicable to the North Fork of the Elkhorn River Overlay District.

 

(1)       Prior to site plan review by the review board, applicants shall submit to the city two sets and a full-size pdf digital file of the following information and shall obtain staff acknowledgement that each required component has been addressed.

 

a.         Site plan.  This plan shall indicate setbacks and all site development and shall depict: building orientation, locations of signage, location of service areas, dumpsters, loading zones, mechanical equipment, and any other "visually offensive elements" as described in these requirements, including locations and specifications of screening devices.

 

b.         Tree plan.  This plan shall indicate location, diameter of minimum 2-inch caliper, and species of all trees.  (May be located on the landscape plan, if all items remain legible.)

 

c.         Landscape plan.  The landscape plan may be incorporated into the site plan, if all items remain legible.  It shall include calculations demonstrating compliance with this Code and any special landscaping requirements as established within each district.

 

d.         Building floor plans.  This plan shall depict general location of entries and exits, restrooms, and general uses.

 

e.         Roof plan.  This plan shall indicate roof type, slope, and any visually offensive elements (as described in these requirements) and descriptions of screening devices.

 

f.          Building elevations.  This plan shall include all exterior-building elevations, including all items affecting the appearance of the building, including roof design, complete description of exterior building materials, exterior building colors, all loading zones, mechanical and electrical equipment locations and their required screening devices, and signs attached to buildings.

 

g.         Building color samples (minimum sample sizes: three by five inches):  Exterior and exterior signage color samples shall be submitted.

 

h.         Site lighting plan.  The site lighting plan may be incorporated into the site plan.  It must indicate the site lighting plan, as well as a light fixture schedule with cut sheets for all site lighting fixtures.  This includes any site lighting fixtures attached to buildings.

 

i.          Sign elevations (minimum scale: three-quarters inch equals one foot).  These are to be detailed drawings of building and site signage including all items affecting the appearance of signs, including but not limited to:  dimensions, area in square feet, complete description of finish materials and their colors, color samples (minimum size three inches by five inches, using Pantone Matching System ® numbers with color on back of each sample) and method of illumination.  This is required for all outdoor signs except those which cannot be determined because the occupancy of the space is not known.  No sign permit shall be issued for any sign not appearing on a site plan approved by the review board.

 

(2)       Building walls.  The exterior walls of the principal building shall be constructed using some masonry and then any of the following materials and in the following specified manner.  All materials shall be used over the entire building or as continuous horizontal blends only.  No panelizing shall be permitted or other simulations.

 

a.         Stucco with a "float finish", smooth or coarse, machine spray, dash and troweled.

b.         Wood clapboard five inches to the weather.

c.         Wood shingles seven inches to the weather.

d.         Wood board or batten board of a board width from eight to 18 inches.

e.         Wood shiplap siding smooth face seven inches to the weather.

f.          Cement board siding in any of the finishes above.

g.         Or other approved material per the Review Board. 

 

(3)       Accessory buildings.  Accessory structures, including sheds, out-buildings, dumpster enclosures, and screening structures, shall match the style, finish, and color of the site's main building.  Metal utility sheds and car canopies are prohibited.

 

(4)        Prohibited architectural styles.  The following are not considered to be consistent with the existing or desired architectural style nor appropriate for this overlay district and are prohibited:

 

a.         Corporate signature or commercial prototype architecture, unless such is consistent with all requirements of this Code.  Examples of such include, but are not limited to, flat roofed convenience stores and gas stations.

b.         Buildings which are of symbolic design for reasons of advertising and buildings which are not compatible to the atmosphere of this overlay district.  Examples of such include "A frame" style roofs, garishly colored roofs, translucent architectural elements, and the like.

c.         Any kitsch architecture (pretentious bad taste) which does not resemble a typical structure.  Examples of such include, but are not limited to, structures that resemble an exaggerated plant, fish, edible food, or other such items such as giant oranges, ice cream cones, and dinosaurs.

d.         Any architecture having a historical reference that is so unique and different from the existing design philosophy that such reference is inconsistent and/or incompatible with surrounding structures.  Examples of such include, but are not limited to, igloos, domes, or geodesic domes, Quonset style structures, teepees, log cabins, medieval castle, and caves.

e.         Styles that are not compatible with the existing theme.

 

(5)        Screening devices.

 

a.         "Visually offensive elements."  whether freestanding, mounted on roofs, or located anywhere on a structure shall be concealed from view on all sides.  "Visually offensive elements" consist of:  Walk-in coolers/freezers, transformers, electrical equipment (including panels and meters), water or waste piping and valves, pumps, fans, exhaust vents, compressors, generators, tanks, and similar equipment.  Individual screens, building elements, or appropriate landscaping, are to be used to completely screen the offensive elements from view from adjacent roads, properties, and parking areas.  Parapet walls, visible roof structures, individual screens, or building elements shall be used to completely screen roof mounted, visually offensive elements from view from any point around the entire building perimeter.  Screening devices shall relate to the building's style of architecture and materials.  All screening devices shall be designed so that no part of the offensive element extends beyond the top of the screen, measured vertically.  Rooftop screening devices shall not be required for plumbing roof vents which are less than four inches in diameter and less than 12 inches above roof penetration.  These roof vents are to be located where they will be least visible from roadways.

b.         Chain link fencing, with or without slats, is prohibited as a screening device for screening visually offensive elements and nuisance elements.

 

(6)        Landscape Requirements.

 

a.         Within the perimeter landscape strips, the following landscaping shall be provided per 100 (lineal feet):

            1.  Four canopy trees.

            2.  Three understory trees.

            3.  Continuous hedge, along parking lot areas. 

b.         The above referenced hedge shall provide a visual screen three feet high above the grade of the project site parking area.  Hedge material shall provide full screening to the ground; therefore, deciduous shrubs with open leafing characteristics shall not be used for hedge material unless a double row arrangement is used.

c.         Clustering of trees along the buffer strip is encouraged, and uniform spacing of trees is discouraged, except where used to emphasize a particular planting theme or development style.       

 

(j)   Review board.  Applications for development within the North Fork of the Elkhorn River Overlay District shall be reviewed for compliance with the existing comprehensive plan, existing zoning district regulations including setbacks, overlay district regulations and the goals and expectations of this overlay district.

 

(1)       Preliminary review of site plans.  Prior to submittal to the review board, staff acknowledgement of site plans is mandatory, including review of landscaping and tree plans, architectural plans, lighting plans, and color and exterior finish samples.

(2)       Final review of site plans.  Following preliminary review of the site plans, applicant shall submit the final plans to the review board 30 days prior to their regularly scheduled review meeting.

(3)       Approval for change of exterior design required.  Changes to the exterior of any structure in the overlay district shall require review and approval by the review board.  Such changes shall include, but not be limited to, colors, building materials, roof finishes and signage.  Routine maintenance and replacement of materials which do not affect the approved exterior design shall be exempt from such review and approval.

(4)        The review board will be comprised of nine (9) members appointed by the mayor and confirmed by the city council.  At least four (4) of the nine (9) members shall reside in the North Fork of the Elkhorn River Overlay District.  No member of the city council shall be a member of such board.  The review board will  meet on the 2nd Monday of the month, only when a plan has been submitted within the timeframe described above.

(5)        The review board will approve and amend plans by resolution.

 

(k)   Building permit.  No building permit shall be applied for before the review board enacts a resolution approving or amending the final plans submitted to the review board, as required by this division.

 

Source:  Ord. No. 5489, § 1, 9-05-17; Ord. No. 5583, § 2, 5-20-19;

 

 

 

 

Sec. 27-280.06.  Waivers.

 

As part of an application for development, a request may be made for a waiver of any of the provisions of this division.  The request shall be heard by the planning commission in determining if any such provision be waived, modified or applied as written.  The planning commission shall hold a quasi-judicial hearing on the requested waiver.  The criterion for granting a waiver or modification of any of the provisions of this division is whether the strict interpretation of the requirements of this division places an inordinate burden on the property owner.  No waiver shall be granted unless the planning commission finds: (a) the strict application of the overlay regulation would produce undue hardship, a possible hardship example being an existing residential structure damaged over 50% by fire, explosion or act of God; (b) such hardship is not shared generally by other properties in the same overlay district and the same vicinity; (c) the granting of such waiver will not be of substantial detriment to adjacent property and the character of the overlay district will not be changed by the granting of the waiver; and (d) the granting of such waiver is based upon reason of demonstrable and exceptional hardship as distinguished from variations for purposes of convenience, profit, or caprice.  The waiver procedure herein is the exclusive remedy to the application of the provisions of this division and is to be utilized in lieu of an application to the Board of Adjustment for a variance. 

 

Source:  Ord. No. 5489, § 1, 9-05-2017

 

ARTICLE IX.  SUPPLEMENTAL REGULATIONS

Sec. 27-281.  More than one principal structure or use on a lot.

 

Except in industrial districts, every building or structure hereafter erected or altered shall be located on a lot and in no case shall there be more than one principal use or building on a lot unless provided for in a planned development or except as provided herein.  In commercial districts, a single principal building may contain more than one use permitted within the district in which the lot is located, subject to other provisions of the district. 

 

Source:  Ord. No. 4603, § 1, 9-16-02; Ord. No. 5337, § 1, 4-6-15

 

Sec. 27-282.  Additional height and area requirements and exceptions.

 

(a)   Public and semi-public buildings, hospitals, religious assemblies, sanitariums and schools, where permitted, may be erected to a height not exceeding seventy-five (75) feet, provided, such buildings are setback from side and rear lot lines an additional one (1) foot for each additional foot of building height above the height requirement of the district in which such buildings are located.

 

(b)   Single-family, two family and multiple-family dwellings may be increased in height not exceeding ten (10) feet in addition to the height limitation established within the district provided that the side and rear yards are increased a distance of not less than ten (10) feet over the minimum requirements of the district in which they are located.

 

(c)   Parapet walls and false mansards shall not extend more than six (6) feet above the height limit.  Flagpoles, chimneys, cooling towers, elevator bulkheads, penthouses, gas tanks, grain elevators, windmills, stacks, storage towers, radio and television towers, ornamental towers, masts and aerials, domes, spires, standpipes, and necessary mechanical appurtenances may be erected to any safe height not in conflict with existing laws affecting the same, provided, that such structures are set back from side and rear lot lines an additional one (1) foot for each additional two (2) feet of height above the height requirement of the district in which such structures may be located.

 

(d)   Unless otherwise specified, where a lot in separate ownership as of the effective date of this chapter has less area and/or width as herein required, these regulations shall not prohibit the lawful use of the property. 

 

Source:  Ord. No. 4603, § 1, 9-16-02; Ord. No. 5444, § 13, 12-19-16;

 

Sec. 27-283.  Additional yard requirements and exceptions.

 

(a)   In all zoning where lots comprising forty percent (40%) or more of the frontage, on the same side of the street between two (2) intersecting streets, are developed with buildings having front yards with a variation of not more than ten (10) feet in depth, the average of such front yards shall establish the minimum front yard depth for the remainder of the frontage.

 

(b)   Where a proposed right-of-way line has been established for future widening or opening of a street or a highway upon which a lot abuts, then the depth or width of a yard shall be measured from such established line.

 

(c)   Setback requirements pertaining to any new buildings, structures, signs or parking on properties affected by street and highway improvement projects which have involved the acquisition of additional right-of-way from adjoining properties shall be measured from the right-of-way line which existed prior to any right-of-way actions for said project and not from the new right-of-way line resulting from said right-of-way actions; provided, however, in no event shall said new building, structure or parking be located less than fifteen (15) feet from the new right-of-way line unless otherwise allowed in the zoning district where located.  In addition, any existing building, structure or parking affected by said project shall be allowed to relocate at the same setback from the new right-of-way line as the existing building, structure or parking was from the right-of-way line which existed prior to any right-of-way actions; except that no part of any such relocated building, structure or parking shall extend beyond the new right-of-way line into said right-of-way and shall comply with the provisions of Sec. 27-290 of this Code.

 

(d)   Every part of a required yard or court shall be open from its lowest point to the sky, unobstructed except for the ordinary projection of sills, belt courses, cornices, chimneys, buttresses, ornamental features and eaves; provided, however, that none of the above projections shall extend into a court more than six (6) inches nor into a minimum yard more than thirty (30) inches and provided further, that canopies or open porches may project a maximum of six (6) feet into the required front or rear yard; and open porches extending into the required yard shall not be enclosed.

 

(e)   An open fire escape may project into a required side yard not more than one-half the width of such yard, but not more than four (4) feet from the building.  Fire escapes, solid floored balconies and enclosed outside stairways may project not more than four (4) feet into a required rear yard.

 

(f)   A through lot having one end abutting a limited access highway, with no access to the highway, shall be deemed to front upon the street which gives access to that lot.

 

(g)   In all industrial districts, buildings or structures within three hundred (300) feet of, within the same block as, and on the same side of a street as property in a district requiring a front yard of less than that required in the industrial district, may conform to the required front yard setback of the other district requiring the lesser front yard setback.

 

(h)   On lots where it is found that a dwelling or a structure, other than a sign, has been constructed within a required front, side or rear yard, and such encroachment does not exceed five percent (5%) of the required front, side or rear yard which was in effect at the time the dwelling or structure was built, upon application to the zoning official or his or her designee with a plot plan of such lot made by a registered surveyor showing the encroachment, such encroachment may be administratively waived by the zoning official or his or her designee.  Said administrative waiver shall be noted on the plot plan, signed by the zoning official or his or her designee, and filed of record in the office of the Register of Deeds of Madison County at the applicant's expense.  An administrative waiver of the encroachment shall have the same effect as if a variance to the encroachment had been granted by the board of adjustment.

 

(i)   Handicap ramps may encroach into the required yards provided they do not obstruct pedestrian or vehicular traffic, or encroach into an easement, required off-street parking area or a sight triangle.  Canopy or other protection of a handicap ramp shall comply with the provisions of subsection (4) of this section.

 

(j)   When computing the depth of a required rear yard for any building or structure where such yard abuts an alley, one-half (1/2) of such alley may be assumed to be a portion of the required rear yard.

 

(k)   All buildings or structures located upon unplatted tracts of land shall have a one hundred (100) foot setback from any property line abutting a limited access street, controlled access street or any street classified as an arterial street as defined in this chapter except that signs meeting the setback requirements set forth in Sec. 27-331 shall be allowed if, prior to the installation or erection of said sign, an agreement is entered into wherein the owner of the sign and the owner of the real estate on which the sign is located agree that in the event a city, county or state project would subsequently require the sign to be moved, the property owner and/or the sign owner would agree to relocate the sign at their expense and indemnify and hold harmless the city, county or state from any liability occasioned by the moving of the sign.

 

(l)   All buildings or structures located upon a tract of land platted after the effective date of this amendment must have a setback not less than the minimum front yard setback requirement as indicated in the zoning designation of which the property is located within from any property line abutting a limited access street, controlled access street or any street classified as an arterial street as defined in this chapter except that signs meeting the setback requirements set forth in Sec. 27-331 shall be allowed if, prior to the installation of said sign, an agreement is entered into wherein the owner of the sign and the owner of the real estate agree that in the event a city, county or state project would subsequently require the sign to be moved, the property owner and/or the sign owner would agree to relocate the sign at their expense and indemnify and hold harmless the city, county or state from any liability occasioned by the moving of the sign. 

 

Source:  Ord. No. 4170, § 3, 5-20-96; Ord. No. 4603, § 1, 9-16-02

 

Sec. 27-284.  Short-Term Rentals.

 

The use of a dwelling for a short-term rental is allowed in the A, R-R, S-R, R-1, R-2, R-3, R-M, R-O, and C-2  districts, and also in the O-D, C-1, and C-2A districts only if there is a current, valid conditional use permit allowing a residential use. The following conditions apply to all zoning districts:

 

(1)        The operator holds a valid license from the city, as required in Chapter 13, Article XVII.

 

(2)        The maximum number of persons who may occupy the short-term rental is calculated using the total number of sleeping areas on the licensed premises multiplied by two, up to a maximum of 12 persons, as described in Section 13-372 and Section 13-371.

 

(3)        No more than 10% of the total dwelling units in a multi-family premises may be used or registered as short-term rentals. Regardless of the 10% cap, a multi-family premises may have at least one short-term rental unit.

 

(4)        No signs are permitted for short-term rentals in the zoning districts A, R-R, S-R, R-1, R-2, R-3, R-M, R-O and O-D.

 

(5)        The use of a short-term rental for the following is prohibited:

 

(a)   Housing sex offenders;

(b)   Operating a structured sober living home or similar enterprise;

(c)   Selling illegal drugs;

(d)   Selling alcohol or another activity that requires a permit or license under the Nebraska Liquor Control Act, or

(e)   Operating a sexually oriented business.

 

Source:  Ord. No. Ord. No. 5738, § 3, 6-7-21;

 

Secs. 27-285.  Reserved.

 

Source:  Ord. No. 4603, § 1, 9-16-02; Ord. No. 5727, § 3, 04-19-2021;

 

Sec. 27-286.  Boarding/rooming houses, group residential and group care facility densities.

 

Boarding/rooming houses, group care facilities and group residential uses, when permitted and located in a single-family or duplex residential structure, are subject to the density requirements set forth in the following table:

 

 Zoning District Terms of Permitted
Use
Maximum Number of
Unrelated Persons per
Structure
Minimum Floor Area
per Resident (square
feet)
Minimum Site Area
per Resident
(square feet)
A, R-R, S-R
Conditional 6 500 5,000
R-1
Conditional 6 400 2,500
R-2
Conditional 8 350 1,200
R-3
Permitted 12 300 850
R-M
Conditional 8 350 1,200
R-O, O-D
Permitted 15 300 1,000
C-1, C-2, C-2A,  C-3
Conditional 10 300 650

 

Source:  Ord. No. 4603, § 1, 9-16-02

 

Sec. 27-287.  Accessory uses.

 

(a)   Detached accessory buildings shall meet the following requirements:

 

(1)       Detached garages shall comply with front and side yard requirements of the zoning district where located.  Detached garages may be located within two (2) feet of the rear lot line, but shall not be located within any easement.

 

(2)       Detached accessory buildings larger than sixty-four (64) square feet other than garages shall be located in the rear yard as defined in Sec. 27-2 and shall comply with the side yard requirements of the zoning district where located.  Detached accessory buildings larger than sixty-four (64) square feet may be located within two (2) feet of the rear lot line, but shall not be located within any easements.

 

(3)       Detached accessory buildings smaller than one hundred eighty (180) square feet shall be securely anchored to the ground and shall be located in the rear yard as defined in Sec. 27-2 and may be located entirely within the required rear yard, but shall not be closer than two (2) feet to any side or rear lot line.

 

(4)       No accessory building shall be used for dwelling purposes.

 

(5)       No accessory building shall be located closer than ten (10) feet to the principal building and no accessory use which could constitute a fire hazard shall be located closer than five feet to a building unless other separation distances are provided for in this chapter or unless other separation distances are allowable by the building code based upon the exterior wall fire resistance ratings of the accessory building.

 

(6)       No structure other than a fence shall be erected or constructed within an easement. 

 

(7)       Exterior building materials and architectural designs used for accessory buildings exceeding 180 square feet shall be comparable to, or similar to, or architecturally harmonious with, the existing main residential structure and compatible with the character of the surrounding residential area, unless specifically provided for by a conditional use permit.  Compatibility shall include but not be limited to:

 

a.         Use of non-reflective exterior materials of a color, material, and scale comparable to existing structures in the residential area.

 

b.         A minimum roof pitch with a vertical rise of 2.5 inches for each 12 inches of horizontal run.

 

c.         Roof construction of non-reflective materials which either are or simulate the appearance of asphalt, wood shingles, tile, or rock. 

 

Source:  Ord. No. 4099, § 3, 7-17-95; Ord. No. 4603, § 1, 9-16-02

 

Sec. 27-288.  Fences.

 

(a)   In all residential zoning districts, fences are permitted in all required yards, or along the edge of any yard, to a height of up to eight (8) feet; except that within any required yard adjoining a street, no fence shall exceed four (4) feet in height subject to the provisions of Sec. 27-290.  On through lots, a fence not to exceed eight (8) feet in height is permitted along the edge of the yard adjoining the street which does not provide access to the lot.

 

(b)   In nonresidential districts, fences exceeding eight (8) feet in height are allowed subject to the provisions of Sec. 27-290.

 

(c)   Barbed wire and electric fences shall be subject to Sec. 14-227 of this Code.

 

(d)   Building permits are required for fences exceeding six (6) feet in height above grade. 

 

Source:  Ord. No. 4603, § 1, 9-16-02

 

Sec. 27-289.  Home occupations.

 

The intent of this section is to allow residents the opportunity to use their residence as a place to either produce or supplement their personal and family income, while protecting residential areas from adverse impacts associated with a home business, and to achieve and maintain an attractive and efficiently functioning community.

 

(a)   A home occupation shall not be conducted on any residential property unless the home occupation is registered with the zoning official or his or her designee.  Registration shall be for an unlimited time period and shall continue to be effective until re-registration or cancellation occurs.  A home occupation registration shall be cancelled in the event of the cessation of the home occupation.  In the event the nature and activities associated with the home occupation change or if a different home occupation than originally registered is conducted on the premises, the premises shall be re-registered.  The zoning official may cancel any registration upon determining that the home occupation is no longer being conducted on the premises.  All registrations shall be made on forms provided by the Planning and Development Department.  Failure to register as provided in this section shall constitute an offense.

 

(b)   Applicants for a home occupation shall permit inspection of the premises, at a reasonable time, by the zoning official or his or her designee to determine compliance with these regulations.

 

(c)   A home occupation may be carried on within a dwelling unit or accessory building under the following conditions:

 

(1)       The home occupation shall be incidental to the residential use of the property where it is conducted.

 

(2)       The maximum allowable square footage that may be utilized in conducting such home occupation shall be limited to twenty percent (20%) of the floor area of the dwelling.

 

(3)       No outdoor storage of any equipment, machinery, parts, goods, materials or any other articles used in connection with the home occupation is allowed.

 

(4)       Any activities carried on outdoors in connection with the home occupation shall be screened from view.

 

(5)       There shall be no sign other than one non-illuminated, non-animated wall sign, not exceeding two (2) square feet in area, indicating only the name of the home occupation.

 

(6)       The home occupation shall not involve the parking or storage of tractor trailers, semi-trucks or heavy equipment such as construction equipment used in a business.

 

(7)       Sexually oriented businesses, welding, vehicle body repair, vehicle painting, mechanical repair, or rebuilding or dismantling of vehicles are not allowed as home occupations.

 

(8)       Except as provided herein, there shall be no person employed in the home occupation other than a member of the family who resides on the premises where the home occupation is conducted.  The zoning official or his or her designee may approve one nonresident employee upon application by the owner showing:

 

a.         Certification by the appropriate state or federal agency that the owner is physically disabled;

 

b.         Certification of an attending physician that the owner cannot perform the tasks required by the home occupation without assistance; and

 

c.         There are no other employees either resident or nonresident engaged in the home occupation on the premises.

 

(9)       The home occupation shall not cause glare, noise or odors disturbing to residents of surrounding property or interference with television or radio reception.

 

(10)     The home occupation shall not constitute a fire hazard or a nuisance to neighboring properties.

 

(11)     The home occupation shall be such that it requires no additional on or off-street parking. 

 

Source:  Ord. No. 4603, § 1, 9-16-02; Ord. No. 5563, § 63, 8-20-18; Ord. No. 5727, § 4, 04-19-2021;

 

Sec. 27-290.  Sight triangle restrictions.

 

Except in zoning districts where no front yard setback is required, on all corner lots a visual clearance area is required where nothing shall be erected, placed, planted, parked, or allowed to grow to a height more than three (3) feet higher than the curb level (measured from the top of the curb), or three (3) feet higher than the center line grade of adjacent streets where there is no curb, within twenty-five (25) feet of the intersection of the street lines. 

 

Source:  Ord. No. 4603, § 1, 9-16-02; Ord. No. 5546, § 1, 5-21-18

 

Sec. 27-291.  Subdivision identification lot, where located.

 

A subdivision identification lot as provided in Sec. 23-41.1 of this Code may be located in any zoning district in any newly platted or replatted subdivision subject to the requirements of Sec. 23-41.1 and Sec. 27-333 of this Code. 

 

Source:  Ord. No. 4603, § 1, 9-16-02

 

Sec. 27-292.  Water and septic system requirements.

 

(a)   A permit from the Norfolk Planning and Development Department shall be required prior to the installation, replacement or repair of any septic tank system.

 

(b)   All lots utilizing on-site septic systems shall provide an area for a back up absorption field.  The area provided for the back up absorption field shall be able to meet the setback requirements of the primary absorption field as listed in subsection (f)(2) of this section.

 

(c)   Application for the installation of a septic tank system shall provide a site plan showing the location of the septic tank system, a backup absorption area, and well locations.

 

(d)   Lots with individual septic systems existing prior to the effective date of this section shall be subject to the provisions of Sec. 26-57 of this Code.

 

(e)   Discharges to surface waters, ground water without the proper vadose zone separation to the high seasonal water table, or the ground surface, from a septic tank or its soil absorption system shall be prohibited and is a violation of this section.

 

(f)   All on-site sewage systems installed, modified, repaired or put into operation within the extraterritorial jurisdiction of the city, on or after the effective date of this chapter shall meet the following requirements:

 

(1)       Those areas classified as development areas as defined in this chapter shall meet the following requirements at the time of development.  Said requirements shall be enforced throughout development:

 

a.         In development areas as defined in Sec. 27-2, the location of all existing and proposed wells and septic systems shall be shown on the subdivision plat.

 

b.         Individual septic systems may be placed on development area lots greater than three (3) acres in size provided they meet all the design and setback requirements and the structural facility does not occupy more than sixty (60%) of said lot.

 

c.         Development area lots with an area of one (1) to three (3) acres shall have either community sewer or community water systems.

 

d.         Development area lots with less than one (1) acre shall have community sewers and treatment.

 

(2)       Nondevelopment areas shall have a minimum lot size greater than three (3) acres.

 

a.         The installation of a septic system is prohibited within the setback distances listed below.

 

  Minimum Setback
distance in feet
Review
Distance
in feet
  Septic Tank Absorption System
Surface Water, Class A:      
   Primary Contact Recreation 50 50 200
   All Other Surface Water 50 50 200
       
Private Wells: 50 100 500
       
Public Water Supply Wells:      
   Noncommunity 50 100 500
   Community System 500 500 1000
       
Water Lines      
   Pressure      
        Main 10 25 50
        Service Connection 10 10 50
   Suction 50 100 200
       
Property Lines: 10 10 50
       
Foundations:      
   All Except Neighbors 10 25 50
   Neighbors 25 40 65

 

b.         A new septic system shall not be installed in a designated floodway.

 

c.         All septic systems shall meet the requirements of this article and Title 124 of the regulations promulgated by the Nebraska Department of Environmental Quality.  In addition, septic systems shall meet the requirements of Secs. 26-76 through 26-95 of this Code.

 

d.         All septic systems subject to Title 122 of the regulations promulgated by the Nebraska Department of Environmental Quality, shall obtain a class V permit as required by Title 122. 

 

Source:  Ord. No. 4603, § 1, 9-16-02; Ord. No. 5563, § 64, 8-20-18;

 

Sec. 27-293.  Soil extraction for public road purposes as a permitted use; requirements.

 

No soil extraction shall occur unless a permit is issued by the zoning official as authorized by this section when the following requirements are met:

 

(a)       The character of runoff from and onto adjacent land shall not be changed by the soil extraction.

 

(b)       The topsoil shall be collected, stockpiled and redistributed over the exposed soil area of the excavation at the completion of the operation.  The soils in the excavation area shall then be stabilized, the land graded, seeded or sodded to prevent erosion and siltation.  This subsection may be waived by the zoning official for that portion covered by an approved water impoundment.

 

(c)       There shall be no excavation closer than one hundred (100) feet to any abutting property not involved in the operation.  All cuts shall be no less than four to one (4 to 1).

 

(d)       Costs for any damage to public roads or bridges used for access to the site which requires additional maintenance or repair by any political subdivision as a result of the nature of any additional traffic generated, shall be the responsibility of the owner of the property from which the soil is being removed and/or the contractor.  The determination of costs and the method of repair and maintenance shall be as prescribed by the city engineer responsible for municipally-controlled roads and/or the county road superintendent responsible for county-controlled roads.  The property owner and/or contractor may appeal the city engineer’s and/or county road superintendent’s decision to the Norfolk City Council within thirty (30) days after receiving the city engineer’s and/or county road superintendent’s decision.

 

(e)       The protection of the public health and safety shall be the responsibility of the owner of the property from which the soil is being removed and/or the contractor.  Public health and safety methods shall be as directed by the zoning official who, upon observing a problem or verifying a complaint, may order the operation to cease until the problem is resolved.  The decisions of the zoning official may be appealed to the Norfolk City Council.

 

(f)        The owner of the property and/or contractor shall provide prior to the commencement of soil extraction a certificate of insurance indicating the existence of a liability policy naming the City of Norfolk as an additional insured on said policy and providing the following coverages in amounts not less than those listed below:

 

General Aggregate $1,000,000
a.  Bodily Injury/Property Damage $1,000,000 each occurrence
b.  Personal Injury Damage $1,000,000 each occurrence
c.  Contractual Liability $1,000,000 each occurrence
d.  Products Liability & Completed Operations $1,000,000 each occurrence
e.  Fire Damage $   100,000 any one fire
f.  Medical Expense $       5,000 any one person

 

(g)       The property owner and/or contractor shall sign a statement agreeing to hold the city harmless from any and all liability and indemnifying the city from any and all liability arising out of the soil extraction. 

 

(h)       To assure that all of these conditions are met by the owner and/or contractor, a performance bond in the amount of sixty thousand dollars ($60,000.00) shall be posted with the city.

 

(i)        All extraction of soils within a designated floodway shall conform to the City of Norfolk Floodplain Regulations.

 

(j)        A permit may be issued by the zoning official upon receipt of a completed application and the requirements of subsections f, g and h. 

 

Source:  Ord. No. 4679, § 18, 8-18-03

 

Sec. 27-294.  Periodic garage, rummage, and yard sales.

 

It shall be unlawful for the occupant or owner of any property being utilized for residential purposes within the city to hold or allow to be held upon said property more than three garage sales, rummage sales, yard sales or any other periodic sales per calendar year.  It shall further be unlawful for any such sale to be held for more than three (3) consecutive days.

 

Source:  Ord. No. 4898, § 1, 9-5-06

 

Secs. 27-295--27-300.  Reserved.

 

ARTICLE X.  LANDSCAPING AND SCREENING

Sec. 27-301.  Purpose.

 

The Landscaping and Screening Regulations provide additional guidance on the development of sites within Norfolk by addressing landscaping and screening requirements.  They are designed to improve the appearance of the community; buffer potentially incompatible land uses from one another; and conserve the value of properties within the city. 

 

Source:  Ord. No. 4603, § 1, 9-16-02

 

Sec. 27-302. Applicability.

 

The provisions of this article shall apply to all new development on each lot or site upon application for a building permit, except for the following:

 

(1)       Reconstruction or replacement of a lawfully existing use or structure following a casualty loss.

 

(2)       Remodeling, rehabilitation, or improvements to existing uses or structures which do not substantially change the location of structures, parking, or other site improvements.

 

(3)       Additions or enlargements of existing uses or structures which increase floor area or impervious coverage area by less than 20 percent.  Where such additions or enlargements are 20 percent or greater, these provisions shall apply only to that portion where the new development occurs. 

 

Source:  Ord. No. 4603, § 1, 9-16-02; Ord. No. 5292, § 1, 6-2-14

 

Sec. 27-303.  Landscaping Requirements.

 

Landscaping shall be required adjacent to each street property line and within street yards as set forth in the table designated as Sec. 27-305.  This required area excludes driveways or parking lot entrances. 

 

Source:  Ord. No. 4603, § 1, 9-16-02

 

Sec. 27-304.  Landscaping Materials and Installation Standards.

 

(a)   Approved plant materials.  Plant and landscaping materials set forth in Sec. 27-311 of this Code shall be installed in required landscaped areas or bufferyards.  All plant materials shall conform in size, species and spacing with the requirements of this article.

 

(b)   Use of inorganic landscaping materials.  No artificial trees, shrubs, plants or turf shall be used to fulfill the minimum requirements for landscaping.  Inorganic materials, such as stone or decorative pavers, may be used provided that such material does not comprise more than 35% of the minimum required landscaped area.  Other concrete and/or asphalt pavement surfaces may not be used within the minimum required landscaped area, except for driveways and walkways. 

 

Source:  Ord. No. 4603, § 1, 9-16-02

 

Sec. 27-305.  Required Landscape Depth.

 

Zoning District

Depth of Landscaping Adjacent to Street Property Line
Or % of required front yard

 

 

A

50% of required front yard

R-R

50% of required front yard

S-R

50% of required front yard

R-1

50% of required front yard

R-2

50% of required front yard

R-3

50% of required front yard

R-M

15 feet

R-O

20 feet

O-D

15 feet

C-1

15 feet

C-2

No Requirement

C-2A

10 feet

C-3

10 feet

B-P

20 feet

I-1

10 feet

I-2

No Requirement

I-3

10 feet

 

Source:  Ord. No. 4603, § 1, 9-16-02

 

Sec. 27-306.  Bufferyard Provisions.

 

(a)  These provisions apply when use is established in a more intensive zoning district (District 1) which is adjacent to a less intensive zoning district (District 2).  The owner, developer, or operator of the use within District 1 shall install and maintain a landscaped bufferyard on his or her lot or site, as set forth in this section.  Bufferyard requirements apply only to those districts indicated in the table designated as Sec. 27-307.  Bufferyards are not required of single-family, two-family or duplex use types in the more intensive zoning district.

 

(1)       The bufferyard dimensions set forth in Sec. 27-307 apply to zoning districts which share a common lot line or are adjacent but separated by an intervening alley.

 

(2)       When a street separates adjacent zoning districts requiring a bufferyard, the size of the bufferyard shall be one-half the required bufferyard set forth in Sec. 27-307.

 

(3)       Each required bufferyard must be entirely landscaped, pervious, and free of paved areas, access ways, storage, or other disturbances. 

 

(b)  When a zoning district classification is changed to allow for a less intensive use to abut an area where Sec. 27-307 would require a bufferyard, then the bufferyard required by Sec. 27-307 shall be located on the property in the less intensive zoning district (District 2).  These provisions apply when use is established in a less intensive zoning district (District 2) which is adjacent to a more intensive zoning district (District 1).  The owner, developer, or operator of the property establishing a use in the less intensive zoning district (/District 2) shall install and maintain a landscaped bufferyard on his or her lot or site, as set forth in this section.  Bufferyard requirements apply only to those districts indicated in the table designated as Sec. 27-307.  Bufferyards are not required of single-family, two-family or duplex use types in the more intensive zoning district.

 

(1)       The bufferyard dimensions set forth in Sec. 27-307 apply to zoning districts which share a common lot line or are adjacent but separated by an intervening alley.

 

(2)       When a street separates adjacent zoning districts requiring a bufferyard, the size of the bufferyard shall be one-half the required bufferyard set forth in Sec. 27-307.

 

(3)        Each required bufferyard must be entirely landscaped, pervious, and free of paved areas, access ways, storage, or other disturbances.

 

When a zoning classification is changed that results in transferring the bufferyard requirements from the more intensive zoning district to the less intensive zoning district as set forth in this subsection, then the zoning official shall cause to be filed of record an affidavit stating that the less intensive zoning district has been rezoned and, as a result, the bufferyard requirements of this Code are required to be met on the less intensively-zoned property.  Further, said affidavit shall be indexed against all property adjoining the property of the less intensively-zoned district which is responsible for meeting bufferyard requirements.

 

 

 

Source:  Ord. No. 4603, § 1, 9-16-02; Ord. No. 5292, § 2, 6-2-14; Ord. No. 66, § 66, 8-20-18;

 

Sec. 27-307.  Bufferyard Requirements.

 

District 1
(More Intensive District)
(Note 2)
District 2
(Less Intensive Adjacent District)
A, R-R, S-R, R-1, R-2
(Note 1)
R-3, R-M, R-O
(Note 1)
R-3 20 feet ---
R-M 20 feet ---
O-D 15 feet ---
C-1 15 feet 15
C-2 --- ---
C-2A 15 feet 15
C-3 30 feet 20
BP 25 feet 25
I-1 40 feet 40
I-2 100 feet 100
I-3 40 feet 40

Note 1:  Applies only to residential uses previously established in the zoning district.

Note 2:  Buffer requirements do not apply to single-family or duplex residential uses established in District 1

 

Source:  Ord. No. 4603, § 1, 9-16-02

 

Sec. 27-308.  Screening standards.

 

(a)   Application.  Screening required by this article shall be erected, placed and maintained by the owner, developer, or operator of the property in the more intensive zoning district unless specifically otherwise provided.  Screening is required between adjacent zoning districts indicated in Code Sec. 27-307 when one or more of the following conditions in the more intensive zoning district is directly visible from and faces toward the boundary of the less intensive zoning district:

 

(1)       The rear elevation of buildings.

 

(2)       Outdoor storage areas or storage tanks, unless otherwise screened.

 

(3)       Loading docks, refuse collection points, and other service areas.

 

(4)       Major machinery or areas housing a manufacturing process.

 

(5)       Major onsite traffic circulation areas or truck and/or trailer parking.

 

(6)       Sources of glare, noise, or other environmental effects.

 

Notwithstanding the conditions listed in (1) through (6) above, screening between adjacent zoning districts indicated in Code Sec. 27-307 is required when a zoning district classification is changed to allow for a less intensive use.

 

(b)   Opaque barrier.  An opaque barrier having a density of not less than eighty percent (80%) per square foot shall be provided which visually screens the conditions listed in subsection (a) above from less intensive uses as follows:

 

(1)       A fence of solid-wall masonry, wood, louvered wood, metal, vinyl, or similar materials, not less than six (6) feet nor more than eight (8) feet high.

 

(2)       A landscaping screen, using evergreen or deciduous materials, providing a hedge-like barrier and attaining a minimum height of six feet within three years of planting.

 

(3)       A landscaped earth berm with a maximum slope of three to one, rising no less than six feet above the existing grade of the lot line separating the zoning districts.

 

(4)       Any combination of these methods that achieves a cumulative height of six feet.

 

(5)        Whenever screening shall be required along a side yard lot line, screening shall be reduced to a height of four (4) feet for that portion located within twenty-five (25) feet of the front property line.

 

(c)   Location of screening wall.

 

(1)       A screening wall or fence required to be located on a more intensively-zoned district shall be installed in the required bufferyard.

 

(2)       In the case where a zoning district is changed to allow for a less intensive use to abut an area where this section would require screening, then the screening required herein shall be located on the property of the less intensive zoning district.  If the screening wall is to be constructed on the less intensive zoning district, then the screening shall be installed within three (3) feet of the property line separating the property located in the less intensively-zoned district from the property located in the more intensively-zoned district.

 

            When a zoning district classification is changed that results in transferring the screening requirements from the more intensive zoning district to the less intensive zoning district as set forth in this subsection, then the zoning official shall cause to be filed of record an affidavit stating that the less intensive zoning district has been rezoned and, as a result, the screening requirements of this Code are required to be met on the less intensively-zoned property.  Further, said affidavit shall be indexed against all property adjoining the property of the less intensively-zoned district which is responsible for meeting screening requirements. 

 

(d)   Screening, effect on drainage.  Screening shall not adversely affect surface water drainage.

 

(e)   Permitted interruptions of screening.  Screening may be interrupted to provide access drives to service areas or for loading purposes to buildings.  Such breaks or interruptions shall not exceed 20% of the length of the required screened area. 

 

Source:  Ord. No. 4603, § 1, 9-16-02; Ord. No. 5292, § 3, 6-2-14

 

Sec. 27-309.  Tree plantings.

 

One tree of an approved species, as set forth in Sec. 27-311 of this Code, having a minimum caliper size of two inches shall be planted and maintained for each 500 square feet of required landscaped area for each of the following contexts:

 

(1)       In any landscaped area for office and commercial uses only required by the minimum depth requirements, the bufferyard requirements, or the parking lot interior landscaping requirements;

 

(2)       In any landscaped area for all uses within a B-P District required by the minimum depth requirements, the bufferyard requirements, or the parking lot interior landscaping requirements;

 

(3)       In any landscaped area required by the minimum depth requirements and the bufferyard requirements for industrial uses; and

 

(4)       In any landscaped area required by the minimum depth requirements, the bufferyard requirements, or the parking lot interior landscaping requirements for townhouses without individual dwelling unit lot lines and multi-family uses.

 

Existing trees approved for preservation shall be counted toward satisfaction of this requirement. 

 

Source:  Ord. No. 4603, § 1, 9-16-02; Ord. No. 5655, § 1, 4-6-2020;

 

Sec. 27-310.  General Provisions.

 

(a)   Time of application.  The provisions contained in this Article shall be applied for each individual lot or site when an application for a building permit on such lot is made.  When required, a landscape plan shall be submitted with each application for a building permit.  Such plan shall be reviewed by the zoning official for compliance with the provisions of this section.

 

(b)   Maintenance of required landscaping.  Upon installation of required landscape materials, each owner shall take appropriate actions to ensure their continued health and maintenance.  Required landscaping that does not remain healthy shall be replaced consistent with this Article.

 

(c)   Obstruction of view.  Landscaping or screening installed in any landscaped area shall not obstruct the view from or to any driveway approach, street, alley, or sidewalk.

 

(d)   Earth berm locations.  All earth berm locations shall be reviewed by the zoning official, or his or her designee to determine how the berms shall relate to drainage and public utilities.

 

(e)   Exceptions.  A development may continue to comply with the bufferyard and screening requirements in effect at the time of issuance of its original permit, regardless of whether an adjacent lot or site is subsequently rezoned to a less intensive district which would otherwise require compliance with bufferyard or screening provisions. 

 

Source:  Ord. No. 4603, § 1, 9-16-02

 

Sec. 27-311.  Approved landscaping materials.

 

The following are approved landscaping materials:

 

(a)     Shrubs

 

(1)       Evergreen:

 

Scientific Name Common Name
Junipers chinensis varieties  
J. chinensis “Blaawsi” Blaaws Juniper
J. chinensis “Hetzil” Hetz Juniper
J. chinensis “Maneyi” Maney Juniper
J. chinensis pfitzeriana Pfitzer Juniper
Juniperus communis varieties  
J. communis “Compressa” Compressa Juniper
J. communis “Depressa” Depressa Juniper
Juniperus sabina varieties  
J. sabina Savin Juniper
J. sabina “Blue Danube” Blue Danube Juniper
J. sabina tamariscifolia Tamarix Savin Juniper
J. sabina “Von Ehron” Von Ehron Savin Juniper
Junipers virginiana “Globosa” Globe Eastern Red Cedar
J. virginiana “Tripartita” Fountain Red Cedar
Picea abies varieties  
P. abies “Nidiformis” Nidiformis Norway Spruce
Picea glauca “Conica” Dwarf White Spruce
Pinus mugho mughus Dwarf Mugho Pine
Pinus nigra “Hornibrookiana” Hornibrook Austrian Pine
P. nigra “Pygmaea” Pygmy Austrian Pine
Pinus pumila Japanese Stone Pine
Pinus strobus varieties  
P. strobus “Nana” Dwarf White Pine
Pinus sylvestris “Watereri” Waterer Scotch Pine
Taxus canadensis Canada Yew
Taxus cuspidata varieties  
T. cuspidata expansa Spreading Japanese Yew
T. cuspidata nana Dwarf Japanese Yew
Taxus x media varieties  
T. x media “Hicksii” Hicks Anglojap Yew
T. x media “Taunton” Taunton Yew

 

(2)       Deciduous:

 

Scientific Name Common Name
Acer ginnala Amur Maple
A. ginnala “Durand Dward” Dwarf Amur Maple
Acanthopanax sieboldianus Five-leaved Aralia
Alnus rugosa Speckled Alder
Amorpha canescense Leadplant
Amorpha nana Fragrant False Indigo
Aralia hispida Bristly Sarsaparilla
Berberis koreana Korean Barberry
Berberis x mentorensis Mentor Barberry
Berberis thunbergii varieties  
B. thunbergii Japanese Barberry
B. thunbergii “aurea” Golden Barberry
B. thunbergii “Crimson Pygmy” Crimson Pygmy Barberry
B. thunbergii “erecta” Truehedge Barberry
Buxus microphylla “koreana” Korean Boxwood
Caragana arborescens varieties  
C. arborescens Siberian Peashrub
C. arborescens “Tidy” Tidy Peashrub
C. arborescens “Pendula” Weeping Peashrub
Caragana frutex Russian Peashrub
C. frutex “Glove” Globe Russian Peashrub
Caragana microphylla Littleleaf Peashrub
Chaenomeles japonica Japanese Quince
Chaenomeles speciosa Flowering Quince
Cornus alba varieties  
C. alba “Siberica” Siberian Dogwood
Cornus amomum Silky Dogwood
Cornus mas Cornelian-cherry
Cornus racemosa Gray Dogwood
Cornus sericea varieties  
C. sericea Red Osier Dogwood
C. sericea “Flaviramea” Yellowtwig Dogwood
C. sericea “Kelseyi” Kelsey Dwarf Redtwig Dogwood
Cotinus coggygria Smoketree
Cotoneaster species  
Cotoneaster apiculata Cranberry Cotoneaster
Cotoneaster divaricata Spreading Cotoneaster
Cotoneaster horizontalis Rock Spray
Cotoneaster lucida Hedge Cotoneaster
Deutzia x lemoinei Lemoine Deutzia
Dirca palustris Leatherwood
Diervilla lonicera Bush Honeysuckle
Elaeagnus umbellatus Autumn Elaeagnus
Euonymous alatus Winged Euonymous
E. alatus “Compactus” Dwarf Winged Euonymous
Euonymous bungeanus semipersistens Midsummer Euonymous
Euonymous atropurpurea Eastern Wahoo
Euonymous auropaea European Euonymous
Euonymous fortunei Wintercreeper
Forsythia x intermedia varieties  
F. x intermedia “Karl Sax” Karl Sax Forsythia
F. x intermedia “Spring Glory” Spring Glory  Forsythia
Forsythia x ovata Early Forsythia
Forsythia suspensa Weeping Forsythia
Hammamalis vernalis Vernal Witchhazel
Hammamalis virginiana Common Witchhazel
Hibiscus syriacus Rose-of-Sharon
Hippophae rhamnoides Sea-Buckthorn
Hydrangea arborescens Hills-of-Snow
Hypericum kalmionum Kalm St. Johnswort
Hypericum prolificum Shrubby St. Johnswort
Ilex verticulata Winterberry
Kerria japonica Japanese Kerria
Kolkwitzia amabilis Beaty-bush
Ligustrum amurense Amur Privet
Ligustrum x ibolium Ioblium Privet
Ligustrum obtusifolium varieties  
L. obtusifolium Border Privet
L. obtusifolium regelianum Regels Border Privet
Linder benzoin Spicebush
Lonicera x bella albida White Bell Honeysuckle
Lonicera fragrantissima Whiner Honeysuckle
Lonicera maackii Amur Honeysuckle
Lonicera morrowii Morrow Honeysuckle
Lonicera tatarica varieties  
L. tatarica Tatarian Honeysuckle
Lonicera x xylosteum “Claveyi” Claveys Dwarf Honeysuckle
Mallus sargentii Sargent Crabapple
Myrica pensylvanica Bayberry
Philadelphus varieties  
Philadelphus x lemoinei var. Lemoine Mock-Oranges
Philadelphus coronarius Sweet Mock-Orange
Philadelphus “Frosty Morn” Frosty Morn Mock-Orange
Physocarpus opulifolius Eastern Ninebark
Potentilla fruiticosa var.  
P. fruiticosa Shrubby Cinquefoil
P. fruiticosa “Grandiflora”  
P. fruicosa “Mandshuria”  
Prunus varieties  
Prunus besseyi  Western Sand Cherry
Prunus x cistena Purpleleaf Sand Cherry
Prunus glandulosa Dwarf Flowering Almond
Prunus japonica Nakai Chinese Bush Cherry
Prunus maritima Beach Plum
Prunus x pumila Hansen’s Bush Cherry
Prunus tomentosa Manchu Cherry
Prunus triloba Flowering Almond
Rhamnus frangula “Columnaris” Columnar Alder Buckthorn
Rhododendron carolinianum varieties P.V.M Rhododendrons
Rhododendron x “Northern Lights” varieties  
Rhodotypos scandens Black Jetbead
Rhus aromatica Fragrant Sumac
Rhus copallina Shining Sumac
Rhus glabra Smooth Sumac
Rhus typhina Staghorn Sumac
Ribes alpinum Alpine Currant
Ribes odoratum Clove Currant
Rosa varieties  
Rosa blanda Meadow Rose
Rosa centifolia Cabbage Rose
Rosa hugonsis Father Hugo Rose
Rosa roxburghii Roxburgh Rose
Rosa rugosa Rugosa Rose
Rosa spinosissima Scotch Rose
Rosa virginiana Virginia Rose
Salix lucida Shining Willow
Salix purpurea Red Osier
Sambucus canadensis American Elder
Sheperdia canadensis Russet Buffaloberry
Sorbaria sorbifolia Ural False Spiraea
Spiraea species varieties  
Spiraea albiflora Japanese White Spiraea
Spiraea x bumalda varieties  
S. x bumalda “Anthony Waterer” Anthony Waterer Spiraea
Spiraea japonica alpina Alpine Japanese White Spiraea
Spiraea x margaritae Margarita Spiraea
Spiraea nipponica rotundifolia Big Nippon Spiraea
Spiraea prunifolia Bridalwreath Spiraea
Spiraea triloba Treelobe Spiraea
Spiraea x vanhouttei Vanhoutte Spiraea
Stphylea trifolia American Bladdernut
Symphoricarpos albus laevigatus Snowberry
Symphoricarpos x chenaultii Chenault Coralberry
Symphoricarpos orbiculatus Indian Current
Syringa varieties  
Syringa x chinensis Chinese Lilac
Syringa oblata dilatata Korean Early Lilac
Syringa x persica Persian Lilac
Syringa vollosa Late Lilac
Syringa vulgaris Common Lilac
Tamarix petandra Five-Stamen Tamarix
Viburnum species varieties  
Viburnum x carlcephalum Fragrant Snowball
Viburnum cassinoides Witherrod
Viburnum dentatum Arrowwood
Viburnum x juddii Judd Viburnum
Viburnum lantana Wayfaring Tree
Viburnum lentago Nannyberry
Viburnum plicatum Japanese Snowball
Viburnum prunifolium Black  Haw
Viburnum sieboldii Siebold Viburnum
Viburnum trilobum American Cranberry Bush
Weigela florida Old-Fashioned Weigela
Yucca filamentosa Adams-needle

 

(b)   Trees:

 

(1)       Evergreen:

 

Scientific Name Common Name
Abies concolor White Fir
Juniperus chinensis Chinese Juniper
J. chinensis “Ames” Ames Juniper
J. chinensis columnaris Blue Columnar Chinese Juniper
J. chinensis “Keteleeri” Keteleer Chinese Juniper
J. chinensis varieties  
Juniperus scopulorum Rocky Mountain Juniper
J. scopulorum “Blue Heaven” Blue Heaven Juniper
J scopulorum “Cologreen” Cologreen Juniper
J. scopulorum varieties  
Juniperus virginiana Eastern Red Cedar
J. virginiana “Burkii” Burk Red Cedar
J. virginiana “Canaertii” Canaert Red Cedar
J. virginiana pendula Weeping Red Cedar
J. virginiana varieties  
Picea abies Norway Spruce
Picea glauca White Spruce
Picea omorika Serbian spruce
Picea pungens Colorado Spruce
Pinus Banksiana Jack Pine
Pinus nigra Austrian Pine
Pinus resinosa Red Pine
Pinus strobus Eastern White Pine
Pinus sylvestris Scotch Pine
Pseudotsuga menzeisii Douglas Fir
Taxus cuspidata Japanese Yew
Taxus media Intermediate Yew
Thuja occidentalis Eastern Arborvitae
Tsuga canadensis Canada Hemlock

 

(2)     Deciduous:

 

Scientific Name Common Name
Acer ginnala Amur Maple
Acer nigrum Black Maple
Acer platanoides Norway Maple
A. platanoides “Summershade” Summershade Maple
A. platanoides “Columnare” Columnar Norway Maple
A. platanoides varieties  
Acer rubrum Red Maple
Acer saccharinum “Blair” Blair Soft Maple
Acer saccharum Sugar Maple
Acer tataricum Tatarian Maple
Amelanchier canadensis Shadblow Serviceberry
Amelanchier graniflora Apple Serviceberry
Amelanchier laevis Allegheny Serviceberry
Betula lenta Sweet Birch
Betula nigra River Birch
Carpinus betulus European Hornbeam
Carya ovata Shagbark Hickory
Catalpa speciosa Northern Catalpa
Celtis occidentalis Common Hackberry
Cercis canadensis Eastern Redbud
Cornus alternifolia Pagoda Dogwood
Cornus florida Florida Dogwood
Cornus mas Cornelian Cherry
Crataegus mollis Downy Hawthorn
Crataegus crus-galli Cockspur Thorn
Crataegus oxycantha English Hawthorn
Crataegus phaenopyrum Washington Hawthorn
Elaeagnus angustifolia Russian Olive
Euonymous atropurpurea Eastern Wahoo
Euonymous europaea European Spindle Tree
Fraxinus americana “Rosehill” Rosehill Ash
Fraxinus pennsylvanica Red Ash
Fraxinus pennsylvanica lanceolata Green Ash
Fraxinus quadrangulata Blue Ash
Ginkgo Biloba Ginkgo
Gledista tricanthos inermis Thornless Honey Locust
Gymnocladus dioicus Kentucky Coffee Tree
Koelreuteria paniculata Goldenrain Tree
Larix laricina American Larch
Liriodendron tulipifera Tulip Tree
Maclura pomifera Osage-orange
Magnolia soulangeana Saucer Magnolia
Magnolia stellata Star Magnolia
Malus Crab Apples
Ostrya virginiana American Hophornbeam
Phellondendron amurense Amur Cork Tree
Phellodendron sachalinense Sakhalin Cork Tree
Platanus acerofolia London Planetree
Platanus occidentalis American Planetree
Populus deltoides var. Cottonless Cottonwoods
Prunus maackii Amur Choke Cherry
Prunus padus commutata Harbinger Bird Cherry
Prunus sargentii Sargent Cherry
Prunus serotina Black Cherry
Prunus virginiana Common Choke Cherry
Pyrus calleryana “Bradford” Bradford Pear
Quercus borealis Red Oak
Quercus bicolor Swamp White Oak
Quercus coccinea Scarlet Oak
Quercus imbricaria Shingle Oak
Quercus macrocarpa Bur Oak
Quercus muhlenbergi Chinkapin Oak
Quercus palustris Pin Oak
Quercus robur English Oak
Salix alba White Will
Salix alba tristis Golden Weeping Willow
Salix blanda Wisconsin Weeping Willow
Salix matsudana “Tortuosa” Corkscrew Willow
Salix discolor Pussy Willow
Salix petandra Laurel Will
Sophoroa japonica Japanese Pagoda Tree
Sorbus alnifolia Korean Mountain Ash
Syringa reticulata Japanese Tree Lilac
Tilia americana American Linden
Tilia cordata Littleleaf Linden
Tilia euchlora Crimean Linden
Tilia mongolica Mongolian Linden
Viburnum prunifolium Blackhaw Viburnum
Viburnum sieboldii Siebold Viburnum
Zelkova serrata Japanese Zelkova

 

(c)     Ground covers:

 

Scientific Name Common Name
Aegopodium podogaria Bishop’s Goutweed
Ajuga reptans Carpet Bugle
Akebia quinata Five-leaf Akebia
Convalaria majalis Lily-of-the-Valley
Coronilla varia Crownvetch
Cotoneaster apiculata Cranberry Cotoneaster
Euonymous fortunei Wintercreeper
Euonymous fortunei varieties  
Euonymous obovatus Running Euonymous
Euphorbia cyparissias Cypress Euphorbia
Forsythia x intermedia “Arnold’s Dward”
Arnold’s Dward Forsythia
Hosta varieties Plantain-lily
Juniperus chinensis sargentii Sargent Juniper
Juniperus chinensis varieties  
Juniperus communis “Depressa” Depressa Juniper
Juniperus horizontalis admirabilis Prostrate Juniper
Juniperus horizontalis varieties  
Juniperus procumbens “Nana” Dwarf Japgarden Juniper
Juniperus procumbens varieties  
Juniperus sabina “Blue Danube” Blue Danube Juniper
Juniperus sabina varieties  
Lonicera dioica Limber Honeysuckle
Lonicera japonica halliana Hall’s Japanese Honeysuckle
Lycium chinense Chinese Matrimony Vine
Lysimachia nummularia Moneywort
Nepeta mussini Mussin’s Catnip
Pachysandra terminalis Japanese Spurge
Phlox subulata Moss Phlox
Polygonum x renoutria Renoutria Fleeceflower
Potentilla tridentata Wineleaf Potentilla
Sedum acre Goldmoss
Sedum lydium Lydium Stonecrop
Spiraea albiflora Japanese White Spiraea
Spiraea x bumalda “Norman” Norman Spiraea
Spiraea japonica alpina Alpine Japanese White Spiraea
Symphoricarpos x chenaultii Hancock Coralberry
Vinca minor Creeping Periwinkle
Viola varieties Violets

 

(d)   Vines:

 

Scientific Name Common Name
Parthenocissus quinquifolia Virginia Creeper
Parthenocissus quinquifolia engelmanii Engelman Virginia Creeper
Campsis radicans Trumpet Vine
Campsis x tagliabuana “Madame Galen” Madame Galen Trumpet
Euonymus fortunei Winter Creeper
Hedera helix English Ivy
Hydrangea anomala petiolaris Climbing Hydrangea
Parthenocissus tricuspidata Japanese Creeper (Boston Ivy)
Aristolochia macrophylla Dutchman’s Pipe
Celastrus flagelloris Korean Bittersweet
Celastrus orbiculatus Oriental Bittersweet
Celastrus scandens American Bittersweet
Lonicera henryi Henry Honeysuckle
Lonicera japonica “Halliana” Halls Honeysuckle
Lonicera sempervirens Trumpet Honeysuckle

 

Source:  Ord. No. 4603, § 1, 9-16-02

 

Secs. 27-312--27-320.  Reserved.

 

ARTICLE XI.  SIGNS

Sec. 27-321.  Generally - Signs.

 

(a)   Signs shall be permitted in all districts as provided in this article.  All signs visible from any point beyond the lot line shall be subject to this article.  No sign shall be located within any required yard area other than in the front yard, nor closer to the front lot line than required hereinafter.  Signs shall not be located within the area of the required side yard extended to the front street line.  No signs shall be placed or located so as to encroach into the public right-of-way of any street or highway.

 

(b)   All permanent signs in place and in existence at the time of the effective date of this section, except those signs which have any part in or projecting into the right-of-way, and further excepted as provided in subsection (4) hereof, shall be grandfathered and considered as legal nonconforming signs.  The copy area of said grandfathered signs may be changed or the copy thereon replaced; provided, however, the sign area shall not be enlarged beyond the sign area of said sign on the effective date of this section.  In addition, all sign bases and supporting structures for signs in existence on the effective date of this section, and upon which no sign is then located, may, upon application to the Planning and Development Department, be permitted to place a sign thereon which meets the sign area requirements of the zoning district in which the sign base or supporting structure is located.

 

(c)   Any sign in place and in existence at the time of the effective date of this section that subsequently has to be moved or relocated as a result of any public project or improvement, shall be allowed to be relocated at the same setback from the new property line as it was from the former property line, except that no part of any such sign shall extend beyond the property line into the right-of-way.

 

(d)   Except in the C-2 zoning district and subject to the provision of subsection (2) hereof, any sign which projects into the public right-of-way at the time of the effective date of this section may remain until such time that (1) any structural alterations are made to the sign or (2) the sign area or structure has been destroyed or damaged to the extent that the sign is not functional in its damaged condition.  Should either of the foregoing conditions occur, the sign shall then be made to conform to this chapter.

 

(e)   All signs, their supports, braces, guys, anchors and electrical equipment shall be maintained in good repair and in a safe, neat, clean and attractive condition.  Painted display surfaces, structures and supports of all signs shall be painted or otherwise treated when required by the zoning official or his or her designee.

 

(f)   Obsolete signs shall be removed by the sign owner or the owner's agent.  The zoning official or his or her designee may grant an extension of said six (6) month period for up to six (6) months.  Only one such extension shall be granted.  Should the sign owner or owner's agent fail to remove said obsolete sign after the time limitation has expired, the city shall remove said sign with the cost of such removal to be levied and specially assessed against the property where the sign is located, and be collected and enforced as a special assessment.

 

(g)   Other than message signs no larger than twenty-four (24) square feet where permitted, flashing signs or lights, the use of stroboscopic lights, rotary beacons, unshielded flood lights, exposed incandescent bulbs exceeding thirty (30) watts or any lighting which may be confused with traffic control devices or any direct or reflected lighting that creates a traffic hazard shall be prohibited.

 

(h)   Destination signs shall be allowed in all zoning districts and may be placed in the public right-of-way only on arterial streets with the approval of the zoning official or his or her designee; provided, however, that the placement of said sign shall meet the criteria in the most recent copy of the Manual on Uniform Traffic Control Devices (MUTCD) adopted by the Nebraska Department of Roads.

 

(1)       Destination signs shall have a reflectorized white copy on a green sign area.  Said signs shall conform to the specifications prescribed by the Nebraska Department of Roads, and said signs shall be paid for by the person(s) or entity desiring said sign.

 

(2)       Size of destination signs shall depend on the length of copy, size of lettering and spacing necessary for proper legibility.  Destination signs shall be designed to fit on the standard rectangular sizes given in the standard highway signs booklet prepared by the Federal Highway Administration as the same may from time to time be amended.  Lettering shall not exceed eight (8) inches in height.  Copy shall be kept to a minimum to be legible and shall not exceed three (3) lines of copy.  Arrows may be used in the copy to indicate directions toward destinations.

 

(3)       Cost of installation, maintenance and replacement of destination signs shall be the responsibility of the person(s) or entity applying for said sign.

 

(i)   No signs or lettering shall be placed on or affixed to moving vehicles and/or trailers or to those which are parked on public or private property, so as to be visible from a public right-of-way where the apparent purpose is to advertise a product, political candidate, or to direct people to a business or activity located on the same or nearby property; provided, however, that this section shall not prohibit signs or lettering placed on or affixed to vehicles and/or trailers where the sign or lettering is incidental to the primary use of the vehicle or trailer; and provided further that this section shall not prohibit the use of what is commonly referred to as “bumper stickers” on motor vehicles or trailers.  Signs permanently affixed to or an integral part of a motor vehicle are exempt from this section.

 

(j)  Except in the C-2 zoning district or as otherwise provided in this chapter, no sign or promotional device shall be erected or hung over any sidewalk, street, avenue or alley within the city other than street identification signs, except the mayor and city council may issue a special permit to civic, philanthropic, educational or religious organizations for the hanging of a temporary promotional device; provided, that said promotional device is hung with the lowest point thereof not less than fourteen (14) feet above a sidewalk, street, avenue or alley.  Said promotional devices shall be exempt from permit fee upon application to the Planning and Development Department.  In addition, promotional devices may display advertising or promotions as a temporary building sign or as a freestanding temporary sign for a period of up to one hundred twenty (120) hours without a permit; provided, however, the Planning and Development Department is notified prior to their display.  Failure to notify the Planning and Development Department shall subject the promotional device to regulation as a temporary sign and be subject to obtaining of a temporary sign permit. 

 

Source:  Ord. No. 4603, § 1, 9-16-02; Ord. No. 5563, § 67, 8-20-18;

 

Sec. 27-322.  Signs, where prohibited.

 

(a)   It shall be unlawful for any person to situate, erect, place, operate, use or allow to be situated, erected, operated or used, any mobile, portable, temporary, permanent, secured, fastened, fixed or other type of sign or advertising device, except in the manner as set forth in Sec. 27-321 of this Code, by operating said sign upon a street, alley, public right-of-way, or across any sidewalk line within the city or in the front yard setback of any zoning district except as the same may be authorized by the height and yard regulations of the zoning district where said sign is to be located.  These provisions shall not apply to permanent advertising signs in a C-2 zoning district that are permanently attached to the main structure thereon, which overhang into the public right-of-way, and which have been approved by the Nebraska Department of Roads.

 

(b)   Any temporary sign that does not meet the criteria as set forth in subsection (a) above shall be considered to be a nonconforming sign; and such sign shall be abated, removed or made to comply herewith within ninety (90) days of the effective date of this section.  If not done within the time limit as set forth herein, the city may proceed to bring said sign within compliance by any action either at law or in equity.

 

(c)   Any person who violates the provisions of this section shall be guilty of an offense and penalized pursuant to Sec. 1-16 of this Code. 

 

Source:  Ord. No. 4603, § 1, 9-16-02

 

Sec. 27-323.  Temporary signs, when and where authorized.

 

(a)   A temporary sign as defined by Sec. 27-2 of this Code shall be allowed in any zoning district within the city subject only to the following restrictions: 

 

(1)       The temporary sign may be located within the front or side yard, however, the sign shall be set in accordance with the provisions of subsection (8) of this section.  In no event shall a temporary sign be allowed to be located within the public right-of-way.

 

(2)       There shall be only one (1) temporary sign allowed per premises; and only one (1) such sign shall be allowed at any one (1) time on any premises having more than one (1) business or use.

 

(3)       The restrictions of subparagraph (2) above shall not apply to an itinerant merchant, peddler, solicitor, street vendor or temporary merchant who is holding any valid permit required by Chapter 13, Article VIII of this Code.  Said itinerant merchant, peddler, solicitor, street vendor or temporary merchant shall be allowed one (1) temporary sign during the period of time they are holding a valid permit required by this Code.

 

(4)       Any temporary sign which is placed within the public right-of-way as prohibited by this section is hereby declared to be a public safety hazard and shall be subject to being immediately towed or removed by the city.  Any temporary sign which is placed in a location that is prohibited by this section, other than in the public right-of-way, shall be subject to being towed or removed by the city.  Before being subject to being towed or removed, or a citation issued for a violation thereof, the owner of the sign or the owner or occupant of the premises where said sign is located shall be notified by the enforcing officer in writing and given four (4) hours to remove the same from the premises.  If the sign is not removed within said time limit, the city may proceed to tow or remove said sign without further notice to the owner of the sign or the owner or occupant of the premises or issue a citation for the violation of this section.  Any sign so removed shall be stored in the street division’s enclosed yard and not released until a fee as set forth in Section 2-5 of this Code shall have been paid to the city.

 

(5)       In addition to the provision of subsection (4) of this section, any person who violates the provisions of this section shall be guilty of an offense and penalized pursuant to Sec. 1-16 of this Code.  Any one (1) or more of the following persons shall be prima facie liable for the violation of this section:  The tenant of the premises, the manager of a corporation occupying the premises, the owner of the premises, the installer of the sign, or the owner of the sign.

 

(6)       The Planning and Development Department, Public Works Department and the Police Division shall have joint authority for the enforcement of this section.

 

(7)       One (1) non-illuminated sign per premises, not more than eighty (80) square feet in area, listing names of architects, engineers, builders, contractors or future tenants may be erected on the premise of the building being constructed, providing such sign shall be removed upon completion of building.

 

(8)       There shall be two (2) classes of temporary signs which shall have the following conditions attached:

 

a.         Class I temporary signs.

 

1.         Total sign area shall not exceed eight (8) square feet.

 

2.         Maximum sign height shall not exceed six (6) feet.

 

3.         Minimum front or side yard setback for Class I temporary signs shall be five (5) feet.

 

4.         Class I temporary signs shall be allowed in all zoning districts.

 

5.         No temporary signs shall be allowed within the sight triangle as referenced in Sec. 27-290 of this Code.

 

b.         Class II temporary signs.

 

1.         Total sign area shall not exceed thirty-two (32) square feet.

 

2.         Maximum sign height shall not exceed six (6) feet.

 

3.         Front yard setback shall be the same as is required for permanent signs in the district where the sign is located, provided, however, that in no instance shall the setback be less than five (5) feet.

 

4.         No Class II temporary sign shall be permitted in residential zoning districts except signs advertising real estate for sale. 

 

(9)       Signs in support of, or opposition to, a candidate or proposition which is the subject of a general, primary or special election shall not be subject to the provisions of subsection (2) of this section and shall be removed within five (5) days following the election.

 

(10)     Signs advertising real estate for sale shall be removed within five (5) days of the completion of the sale.

 

(11)     Signs advertising yard or garage sales shall be removed within twenty-four (24) hours of completion of sale.

 

(12)     The following signs are not subject to the provisions of this section:

 

a.         Official notices posted or displayed by or under the direction of any public office, agency or court and placed by any officers thereof as part of his or her official duties;

 

b.         Signs identifying underground utilities;

 

c.         Danger or warning signs;

 

d.         No trespassing signs;

 

e.         Private property signs;

 

f.          Zoning revision notice signs;

 

g.         Occupation Safety and Health Act (OSHA) required signs;

 

h.         Signs required on federally funded projects;

 

i.          Signs as provided for in Sec. 27-321(j).

 

(b)   Temporary signs not exceeding thirty-two (32) square feet in sign area for civic, philanthropic, educational or religious organization shall be allowed in all zoning districts; provided, that the sponsoring organization shall insure proper and prompt removal of such temporary sign.  Such temporary sign may be maintained for a period not to exceed one (1) month. 

 

Source:  Ord. No. 4603, § 1, 9-16-02; Ord. No. 5059, § 2, 4-20-09; Ord. No. 5135, § 18, 9-7-10; Ord. No. 5563, § 68, 8-20-18;

 

Sec. 27-324.  District A - Signs.

 

Signs shall be permitted in District A, Agricultural District as follows:

 

(1)       Signs as provided for District in R-1.

 

(2)       Directional signs.

 

a.         Entrance and exit directional signs located within two (2) feet of the front lot line where off-street parking is required.  These signs shall be no larger than four (4) square feet in area nor more than three (3) feet in height and bear no advertising other than the trademark or logo of the business conducted on the premises.

 

b.         “Private parking” directional signs shall be no larger than two (2) square feet in area per sign face and located no closer than the building setback required in the district in which it is located.

 

c.         Emergency directional signs at hospitals shall be located as approved by the Planning and Development Department. 

 

Source:  Ord. No. 4603, § 1, 9-16-02; Ord. No. 5059; § 2, 4-20-09; Ord. No. 5563, § 69, 8-20-18;

 

Sec. 27-325.  Districts R-R, S-R, R-1, R-2, and R-M - Signs.

 

Signs shall be permitted in District R-1, Single-family Residential District; District R-2, One and Two Family Residential District; and District R‑M, District R-R, District S-R and Mobile Home District, as follows:

 

(1)       One non-illuminated sign per building, not more than two square foot in area, mounted on the building, identifying a permitted home occupation.

 

(2)       One non-illuminated "For Sale" or "For Rent" sign per lot, not more than eight (8) square feet in area, except on a corner lot where two (2) such non-illuminated signs shall be allowed provided the total area of both signs does not exceed sixteen (16) square feet.

 

(3)       Non-illuminated entrance and exit directional signs and parking directional signs as provided for in this section.

 

(4)       Directional signs.

 

a.         Entrance and exit directional signs located within two (2) feet of the front lot line where off-street parking is required.  These signs shall be no larger than four (4) square feet in area nor more than three (3) feet in height and bear no advertising other than the trademark or logo of the business conducted on the premises.

 

b.         "Private parking" directional signs shall be no larger than two (2) square feet in area per sign face and located no closer than the building setback required in the district in which it is located.

 

c.         Emergency directional signs at hospitals shall be located as approved by the Planning and Development Department. 

 

Source:  Ord. No. 4099, § 4, 7-17-95; Ord. No. 4603, § 1, 9-16-02; Ord. No. 5059, § 2, 4-20-09; Ord. No. 5563, §70, 8-20-18;

 

Sec. 27-326.  District R-3 - Signs.

 

Signs shall be permitted in District R-3, Multiple-family Residential District, as follows:

 

(1)       Signs as provided for in Districts R-1 and R-2 for one and two family dwellings.

 

(2)       One non-illuminated identification sign, not more than four (4) square feet in area, shall be permitted at each major entrance to an apartment or semi-public building; provided, such sign shall be attached flat against the wall of said building, projecting not more than three (3) inches therefrom.

 

(3)       Entrance and exit directional signs, private parking directional signs and emergency directional signs as provided for in this section.

 

(4)       Directional signs.

 

a.         Entrance and exit directional signs located within two (2) feet of the front lot line where off-street parking is required.  These signs shall be no larger than four (4) square feet in area nor more than three (3) feet in height and bear no advertising other than the trademark or logo of the business conducted on the premises.

 

b.         “Private parking” directional signs shall be no larger than two (2) square feet in area per sign face and located no closer than the building setback required in the district in which it is located.

 

c.         Emergency directional signs at hospitals shall be located as approved by the Planning and Development Department. 

 

Source:  Ord. No. 4603, § 1, 9-16-02; Ord. No. 5059, § 2, 4-20-09; Ord. No. 5563, § 71, 8-20-18;

 

Sec. 27-327.  Districts R-O, O-D and C-2A - Signs.

 

Signs shall be permitted in District R-O, Limited Residential Office District; District O-D, Office District; and District C-2A, Special Business District as follows:

 

(1)       Signs as provided for in District R-3.

 

(2)       Illuminated or non-illuminated signs, which are not more than a total area of twenty-four (24) square feet shall be permitted on each building other than a residence provided, such sign shall be attached flat against the wall of said building, projecting not more than twelve (12) inches therefrom. 

 

Source:  Ord. No. 4603, § 1, 9-16-02; Ord. No. 5059, § 2, 4-20-09

 

Sec. 27-328.  District C-1 - Signs.

 

Signs shall be permitted in District C-1, Local Business District, as follows:

 

(1)       Signs that include building signs, low profile signs, freestanding signs and directional signs are permitted.  The total sign area shall not exceed that which is permitted by Sec. 27-331 herein.  The sign area of building signs shall be no greater than one and one-half (1.5) square feet for each foot of total lot frontage per business.

 

(2)       Architectural canopy signs as follows:

 

a.         The sign area shall not exceed one and one-half (1.5) square feet for each one foot of total lot frontage per business.

 

b.         In applying the sign area limitation of architectural canopy signs, only the copy area of the sign shall be used.

 

c.         The copy area of an architectural canopy sign shall not exceed forty-five percent (45%) of the entire area of the architectural canopy.

 

d.         Architectural canopy signs may project over a building setback line by no more than three (3) feet into the required yard.

 

e.         If illuminated, the supporting frame of said sign shall be constructed of noncombustible materials; and the canopy surface, including the enclosed soffit, shall be of an approved light transmitting material.  The canopy material shall also be tested and classified as nonflammable.

 

f.          If illuminated, said sign shall be internally illuminated so as to illuminate the canopy and the exterior wall below, and the electrical components of said sign shall bear the electric label of an approved testing agency with a reinspection service.

 

g.         An architectural canopy sign shall not extend above the top of the wall of the building to which it is attached, and shall have a minimum clearance of seven (7) feet above a sidewalk or driveway where said sign is located directly over said sidewalk or driveway. 

 

Source:  Ord. No. 4603, § 1, 9-16-02

 

Sec. 27-329.  District C-2 - Signs.

 

Signs shall be permitted in District C-2, General Business District, as follows:

 

(1)       The total area for building and freestanding signs shall not be greater than two and one-half (2.5) square feet for each lineal foot of lot frontage.  Signs on the alley side of any premises shall be computed at the same ratio.  Building signs on sides of buildings shall be at a ratio of two and one-half (2.5) square feet of the total lineal feet of the exposed building sides.  The total sign area for the sides of buildings may be used on one side or divided between the two (2) sides of the building.

 

(2)       Signs shall maintain a minimum distance of eight feet six inches (8'6") above the sidewalk and shall have a maximum projection of two (2) feet from back of curb.  Sign shall be removed within ten (10) days from encroachment into public right of way upon notification from the city.  The property owner shall be responsible for all costs incurred for removal of the sign. 

 

Source:  Ord. No. 4603, § 1, 9-16-02; Ord. No. 5059, § 3, 4-20-09

 

Sec. 27-330.  Building signs, Districts C-3, B-P, I-1, and I-2.

 

Building signs shall be permitted in District C-3, Service Commercial District; District B-P, Business Park District; District I-1, Light Industrial District; District I-2, Heavy Industrial District; and District I-3, Limited Industrial District as follows:

 

(1)       Sign area shall not be larger than two (2) square feet for each lineal foot of total building frontage.

 

(2)       Building signs for the sides and rear of the building shall be at a ratio of two and one-half (2.5) square feet of the total lineal feet of the exposed building sides.  The maximum sign area may then be distributed as desired among the remaining sides and rear of the building.

 

(3)       Signs shall not project more than twelve (12) inches beyond the building. 

 

Source:  Ord. No. 4603, § 1, 9-16-02

 

Sec. 27-331.    Freestanding signs; height, area and setback requirements.

 

For District C-1, Local Business District; District C‑3, Service Commercial District; District I-1, Light Industrial District; District I-2, Heavy Industrial District; and District I-3, Limited Industrial District, freestanding signs shall be permitted as follows:

 

(1)       All freestanding signs not parallel with the street on which they are fronting shall have at least two (2) faces back to back.  No sign shall contain more than four (4) sign faces.  Any sign with more than two (2) faces shall have an area per face one-half (½) the area per face allowed per district.

 

(2)       Entrance and exit directional signs, private parking directional signs and emergency directional signs allowed as provided for in this section.

 

(3)       Directional signs.

 

a.         Entrance and exit directional signs located within two (2) feet of the front lot line where off-street parking is required.  These signs shall be no larger than four (4) square feet in area nor more than three (3) feet in height and bear no advertising other than the trademark or logo of the business conducted on the premises.

 

b.         "Private parking" directional signs shall be no larger than two (2) square feet in area per sign face and located no closer than the building setback required in the district in which it is located.

 

c.         Emergency directional signs at hospitals shall be located as approved by the Planning and Development Department.

 

(4)       The heights, sign area per premises, and minimum setback for all freestanding signs are as follows:

 

C-1 District (1) (2) (3) (4) (5)
Sign area/maximum per premises 5 15 30 50 150
Minimum setback feet 2 5 10 15 25
Maximum Height (feet) 3.5 3.5 6 6 30
Minimum Height (feet) 0 0 0 0 10
Total sign area per premises, 150 square feet maximum.

 

C-3, I-1, I-2, I-3 Districts and parcels in District A not less than 20 acres in size:
  (1) (2) (3) (4) (5) (6) (7)
Sign area/maximum per premises 5 15 30 50 60 150 300
Minimum setback feet 2 5 10 15 15 20 25
Maximum Height (feet) 3.5 3.5 6 6 20 30 45
Minimum Height (feet) 0 0 0 0 10 10 10
Total sign area per premises, 300 square feet maximum except as provided herein.

 

(5)       Freestanding signs having a sign area of over three hundred (300) square feet may be located by conditional use permit in Districts C-3, I-1, I-2, and I-3; provided, however, that in no case shall the setback of said sign be less than forty (40) feet, nor the height of said sign exceed fifty (50) feet.

 

(6)       Monument signs.

 

a.         Districts R-O, O-D, C-2A.  Non-illuminated and interior illuminated monument signs shall not exceed six (6) feet in height, contain more than thirty (30) square feet or have a setback less than ten (10) feet.

 

b.         District R-3.  Signage shall not exceed four (4) square feet per dwelling unit but in no case shall signage exceed sixty (60) square feet per lot.  The sign shall not exceed ten (10) feet in height or have a setback of less than fifteen (15) feet.

 

c.         Districts R-R, S-R, R-1, R-2 and R-M.  One illuminated or non-illuminated sign per religious assembly or school which is not a part of the religious assembly or school architecture, of not more than fifty (50) square feet in area identifying activities and services provided therein.  The maximum height of the sign shall be ten (10) feet with setback of not less than fifteen (15) feet.  Colleges and universities shall be allowed one such sign for every five hundred (500) feet of lineal street or highway frontage; provided, however, such signs may not be located closer than one hundred (100) feet to each other.

 

d.         District A.  Non-illuminated signs listing products, activities or services offered on the premises provided such signs shall not be more than thirty-two (32) square feet in area when the total sign area is added together.

 

e.         Districts C-1, B-P, C-3, I-1, I-2 and I-3.  Signage shall not exceed ten (10) feet in height or have a setback less than fifteen (15) feet.  The sign shall not have an area greater than one hundred and twenty (120) square feet. 

 

Source:  Ord. No. 4099, § 5, 7-17-95; Ord. No. 4134, § 1, 12-18-95; Ord. No. 4603, § 1, 9-16-02; Ord. No. 4678, § 1, 8-18-03; Ord. No. 5059, § 4, 4-20-09; Ord. No. 5444, § 14, 12-19-16; Ord. No. 5563, § 72, 8-20-18;

 

Sec. 27-332.  Unauthorized posting of signs.

 

It shall be unlawful for any person to post, paste or paint any signs authorized under this article, advertising or writing of any nature or description on any sidewalk, curb, or pavement, or any fence, pole, post or building without the permission of the owner of same. 

 

Source:  Ord. No. 4603, § 1, 9-16-02

 

Sec. 27-333.  Subdivision identification sign.

 

(a)   A subdivision identification sign identifying the platted subdivision may be located on a subdivision identification lot provided that the top of the sign is not more than four (4) feet in height from the top of the curb surrounding the subdivision identification lot, except that when located within the sight triangle the height shall conform to the requirements of Sec. 27-290.  A single side of any such sign may not exceed sixteen (16) square feet, nor may the total sign area of such sign at any entrance exceed thirty-two (32) square feet.

 

(b)   At any entrance to an approved subdivision, there may be located on private property not more than two (2) signs identifying the subdivision or development.  A single side of any such sign may not exceed sixteen (16) square feet, nor may the total sign area of all such signs located at a single entrance exceed thirty-two (32) square feet.  Whenever such sign is located within an easement, it shall be moved at the sole cost of the owners whenever necessary for public use.

 

(c)   Subdivision identification signs may be illuminated to the extent that there is no direct lighting projecting beyond the sign area.

 

(d)   Subdivision identification signs shall be of a permanent construction and shall bear only the name of a subdivision area and shall be void of advertisement.

 

(e)   Signs shall be located, designed or illuminated so as not to interfere with traffic or present any other hazard or detriment to the public health, safety, or general welfare.

 

(f)   Subdivision identification signs shall maintain a minimum setback of two (2) feet from any property line.

 

(g)   The owner of any subdivision identification sign shall be responsible for the repairs, maintenance, taxes and insurance on the sign. 

 

Source:  Ord. No. 4603, § 1, 9-16-02

 

Secs. 27-334--27-340.  Reserved.

 

ARTICLE XII.  OFF-STREET PARKING AND LOADING

Sec. 27-341.  Applicability.

 

Off-street parking and loading spaces, as required in this article shall be provided for all new uses of land, buildings or structures or additions thereto.  Off-street parking and loading space shall be required for any existing use of land, building or structure which is altered in any manner, such as by enlarging or increasing the capacity thereof by adding or creating additional dwelling units, guest rooms, floor area, or seating.  Existing parking areas previously required shall not be used to satisfy required off-street parking for any new structures or additions to existing buildings, structures or use of land.  Such existing parking space shall be maintained and shall not be reduced so long as the main building, structure or use of land remains, unless an equivalent number of such spaces are provided elsewhere as provided by this article.  No off-street parking or loading space shall be required for any use of land located in the C-2 zoning district. 

 

Source:  Ord. No. 4603, § 1, 9-16-02

 

Sec. 27-342.  General provisions.

 

(a)   Utilization:  Required accessory off-street parking facilities provided for the uses hereinafter listed shall be solely for the parking of motor vehicles, in operating condition, of patrons, occupants, or employees of such uses.

 

(b)   Residential districts:  Required parking spaces shall be provided in all residential districts. Only off-street parking areas provided to serve uses permitted in a residential zoning district will be allowed in that residential district.

 

(c)   Accessory use:  Off-street parking shall be considered as an accessory use to the use of land for which the parking is provided.  Parking not located on the same tract on which the main use of land is located must be located within the zoning district in which parking or storage lots are permitted as a main use, or within the same zoning classification as the main use to which the off-street parking is accessory.  In no instance shall off-street parking required by this article be located more than three hundred (300) feet, as measured along lines of public access, from the use which it serves.

 

(d)   Repair and service:  No motor vehicle repair work or service of any kind shall be permitted in association with any off-street parking facilities.

 

(e)   Computation:  When determination of the number of off-street parking spaces required by this regulation results in a requirement of a fractional space, the fraction of one-half or less may be disregarded, and a fraction in excess of one-half shall be counted as one parking space.

 

(f)   Mixed uses:  When a building or development contains mixed uses, the off-street parking requirement shall be calculated for each individual use, and the total parking requirement shall be the sum of the individual parking requirements.

 

(g)   Area:  A required off-street parking space shall be at least eight (8) feet six (6) inches in width and at least nineteen (19) feet in length, exclusive of access drives or aisles, ramps and columns.

 

(h)   Access:  Each required off-street parking space shall open directly upon an aisle or driveway of such width and design as to provide safe and efficient means of vehicular access to such parking space.

 

(i)   Design:  Off-street parking spaces shall comply with the design standards relating to curb length, stall depth, driveway width, island width, barriers, and ingress and egress as contained in the off-street parking standards of this Code.

 

(j)    Driveway apron:  The driveway apron, which is the paved area adjacent to a garage on the vehicle entry/exit side of the garage, shall be equal in width to the garage door plus one (1) foot on each side and shall extend twenty-five (25) feet out from the garage or a distance equal to the front yard setback, whichever is less.

 

Source:  Ord. No. 4603, § 1, 9-16-02; Ord. No. 5546, § 2, 5-21-18

 

Sec. 27-343.  Plans and approval required.

 

Plans showing the layout and design of all required off-street parking and loading areas shall be submitted and approved by the zoning official or his or her designee, prior to issuance of a zoning or building permit.  Before approving any parking layout, the zoning official or his or her designee shall satisfy himself that the spaces provided are usable and meet standard design criteria.  All required off-street parking spaces shall be clearly marked. 

 

Source:  Ord. No. 4603, § 1, 9-16-02

 

Sec. 27-344.  Utilization.

 

Space allocated for any off-street loading berth shall not, while so allocated, be used to satisfy the space requirements for any off-street parking facilities or portions thereof. 

 

Source:  Ord. No. 4603, § 1, 9-16-02

 

Sec. 27-345.  Screening - off-street parking.

 

An opaque barrier having a density of not less than eighty percent (80%) per square foot such as a fence of solid-wall masonry, wood, louvered wood, metal, vinyl, or other similar materials, not less than six (6) nor more than eight (8) feet high or a landscaping screen, using evergreen or deciduous materials, providing a hedge-like barrier and attaining a minimum height of six feet within three years of planting shall be erected or planted along any property line adjacent to or adjoining any residential district, to eliminate the passage of light from vehicles and to prevent the blowing of debris.  Whenever screening shall be required along a side yard lot line, screening shall be reduced to a height of four (4) feet for that portion located within twenty-five (25) feet of the front property line.  Whenever screening shall be required along a front yard, such screening shall not be higher than four (4) feet and such screening shall be located at the back of the depth of landscaping adjacent to street property lines as set forth in Sec. 27-305 of this code or at the back of the bufferyard requirements as set forth in Section 27-306 and 27-307, whichever is greater.  All screening required by this section shall be compliant with sight triangle provisions set forth in Sec. 27-290 of this code.  Parking areas shall be arranged and designed so as to prevent damage to, or intrusion into such screening. 

 

Source:  Ord. No. 4603, § 1, 9-16-02; Ord. No. 5292, § 4, 6-2-14

 

Sec. 27-346.  Internal Parking Lot Landscaping.

 

Unless otherwise noted, each unenclosed parking facility of over 6,000 square feet that is located between a building line and a street property line shall comply with the following regulations:

 

(1)       The facility shall provide a minimum landscaped buffer of ten feet along any street property line.  This shall not remove requirements for greater landscaping required by Secs. 27-301 through 27-320.

 

(2)       The parking facility shall provide interior landscaped area equal to no less than 5 percent of the total paved area of the parking facility.  Parking facilities within the I-1, I-2 and I-3 Districts shall be exempt from this requirement.

 

(3)       Interior landscaping shall be credited toward the satisfaction of overall landscaping requirements set forth in Secs. 27-301 through 27-320.

 

(4)       Landscaping or screening installed in any required landscaped area shall not obstruct the view form the off-street parking facility to any driveway approach, street, alley, or sidewalk.  Landscaping shall further not obstruct any views among parking spaces and circulation ways, or visibility between vehicles and pedestrians. 

 

Source:  Ord. No. 4603, § 1, 9-16-02

 

Sec. 27-347.  Required off-street spaces.

 

Off-street parking spaces shall be provided as follows:

 

(1)        Dwelling and lodging uses:

 

a.         Boarding/ rooming houses:  One parking space per each three (3) sleeping rooms;

 

b.         Dormitories, fraternities, sororities:  Two (2) parking spaces for each three (3) occupants, based on the maximum design capacity of the building;

 

c.         Hotels and motels:  One space per each rental unit, plus one space per each two (2) employees in the largest working shift and such spaces as are required for restaurants, assembly rooms, and other affiliated facilities provided;

 

d.         Manufactured home parks/Mobile home parks:  Two (2) parking spaces per each manufactured home dwelling/mobile home;

 

e.         Nursing homes, rest homes and convalescent homes:  One parking space for each four (4) beds, based on the designed maximum capacity of the building, plus one parking space for each employee or staff member;

 

f.          Single-family residential uses:  Two (2) spaces per dwelling unit;

 

g.         Two-family and multiple-family residential uses:  Two (2) spaces per dwelling unit.  Two-family and multiple-family dwelling units designed specifically for the elderly or disabled, one space per two (2) dwelling units.

 

(2)        Commercial and industrial uses:  All business and commercial establishments, except those specified hereafter:  At least one parking space for each three hundred (300) square feet of floor area.

 

a.         All uses located in the agricultural district:  One parking space for each six hundred (600) square feet devoted to retail uses;

 

b.         Automobile, truck, recreational vehicle and mobile home sales and rental lots:  One parking space for each two thousand (2,000) square feet of open sales lot area devoted to the sale, display and rental of said vehicles, plus one parking space for each employee;

 

c.         Automobile salvage yards:  One parking space for each employee, plus one parking space for each ten thousand (10,000) square feet of storage area;

 

d.         Automobile wrecking yards:  One parking space for each two (2) employees, plus one space for each ten thousand (10,000) square feet of storage area;

 

e.         Automobile laundries:  Four (4) parking spaces for each stall in a self-service establishment, and three (3) parking spaces for each twenty (20) linear feet in attendant-operated establishments;

 

f.          Automobile service stations:  Two (2) parking spaces for each service bay, plus one for each employee, but not less than five (5) parking spaces;

 

g.         Automobile wash:  Five (5) holding spaces for each car washing stall plus two (2) drying spaces for each car washing stall;

 

h.         Bowling alleys:  Five (5) parking spaces for each alley, plus such additional space as may be required herein for affiliated uses, such as restaurants and the like;

 

i.          Cartage, express, parcel delivery and freight terminal establishments:  One parking space for each two (2) employees in the largest working shift in a twenty-four hour period, plus one parking space for each vehicle maintained on the premises;

 

j.          Dental and medical clinics:  Three (3) parking spaces for each examination or treatment room, plus one for each doctor and employee of the building;

 

k.         Establishments handling the sale and consumption on the premises of food, beverages, and refreshments:  One parking space for each three (3) persons, based upon the maximum number of persons that can be accommodated at designated capacity.  Drive-in restaurants shall have a minimum of ten (10) parking spaces;

 

l.          Financial, banks, business and professional offices:  One parking space for each two hundred (200) square feet of usable floor area;

 

m.        Funeral homes and mortuaries:  One parking space for each four (4) seats, based upon the designed maximum capacity of the parlor, plus one additional parking space for each employee and each vehicle maintained on the premises;

 

n.         Furniture stores, appliance stores, mobile home and recreational vehicles sale lots or showrooms, motor vehicle showrooms and new and used car lots:  One parking space for each four hundred (400) square feet of enclosed floor area and one parking space for each three thousand (3,000) square feet of open lot area devoted to the sale and display of motor vehicles;

 

o.         Manufacturing, production, processing, assembly, disassembly, cleaning, servicing, testing or repairing of goods, materials, or products:  One space per two (2) employees based upon the largest working shift in any twenty-four hour time period;

 

p.         Retail stores and shops:  One space per two hundred (200) square feet of usable floor area;

 

q.         Theaters, auditoriums, and places of assembly with fixed seats:  One parking space for each four (4) people, based upon the designed capacity of the building;

 

r.          Theaters, auditoriums, and places of assembly without fixed seats:  One parking space for each four (4) people, based upon the designed capacity of the building;

 

s.          Warehouse, storage, and wholesale establishments:  One parking space for each two (2) employees, as related to the working period when the maximum number of persons are employed on the premises.

 

(3)        Other uses:

 

a.         Hospitals:  One parking space for each two (2) hospital beds, plus one parking space for each two (2) employees (other than doctors), plus one parking space for each doctor assigned to the staff;

 

b.         Laundromats:  One space for each two (2) washing machines;

 

c.         Nursery schools and day care centers, public or private:  One parking space for each employee;

 

d.         Elementary, junior high and equivalent parochial and private schools:  Two (2) spaces for each classroom;

 

e.         High schools, colleges, universities and other similar public or private institutions of higher learning:  Eight (8) parking spaces for each classroom, plus one space for each two (2) employees; in addition, one space for each ten (10) seats in the main auditorium, stadium, or place of public assembly shall be provided.

 

(4)        Conditional uses:

 

a.         Districts permitted:  In order to provide off-street parking areas, the planning commission may, after public notice and hearing, grant, as a conditional use, the establishment of parking areas in any zoning district under the provisions further set forth in this section;

 

b.         Location:  Parking provided under this section must be within three (300) feet (along lines of public access) from the boundary of the use for which the parking is provided;

 

c.         Use:  The parking area shall be used for passenger vehicles only (nine (9) passengers or less), and in no case shall it be used for sales, repair work, storage, dismantling or servicing of any vehicles, equipment, materials, or supplies.  Only such signs as are necessary for the proper operation of the parking lot shall be permitted;

 

(5)        Loading and unloading regulations:  Loading and unloading space shall be provided off-street and on the same premises with every building, structure or part thereof hereafter erected, established or enlarged and occupied for goods display, retail operation, department store, market, hotel, mortuary, laundry, dry cleaning, office uses, warehousing, manufacturing, or other uses, involving the receipt or distribution of materials or merchandise by motor vehicle.  The loading and unloading space or spaces shall be so located to avoid undue interference with public use of streets, alleys and walkways.

 

(6)        Spaces required:

 

a.         For all uses in the O-D, C-1, C-2A, and C-3 Business Districts, loading facilities shall be provided in accordance with the following table:

 

Gross Floor Area of
Establishments in
Thousands of Square Feet

Required Number and
Size of Loading Berths
 1 -  10 1 - (10' x 25')
10 -  25 2 - (10' x 25' each)
25 -  40 2 - (10' x 70' each)
40 - 100 3 - (10' x 70' each)

 

b.         For all uses in the B-P, I-1, I-2 and I-3 Industrial Districts, loading facilities shall be provided in accordance with the following table:

 

Gross Floor Area of
Establishments in
Thousands of Square Feet

Required Number and
Size of Loading Berths
 1 -  10 1 - (10' x 25')
10 -  40 1 - (10' x 60')
40 - 100 2 - (10' x 70' each)

 

c.         For each additional one hundred thousand (100,000) square feet of gross floor area or any fraction thereof over one hundred thousand (100,000) square feet of gross floor area, one additional berth shall be provided.  Each such additional berth shall be at least ten (10) feet in width by seventy (70) feet in length. 

 

Source:  Ord. No. 4603, § 1, 9-16-02; Ord. No. 5052, § 1, 2-17-09

 

Sec. 27-348.  Improvements - Off-street parking.

 

(a)   After January 1, 1989, all required parking areas and driveways on private property providing ingress and egress to parking areas for all new uses of land, buildings, and structures or enlargements, expansions or modifications thereto that require structural alterations or for all properties in which the use of land is changed shall be surfaced with portland cement concrete or hot mix asphalt, and shall be maintained in good condition and free of all weeds, dust, trash, gravel, and other debris.  See also Secs. 27-349 and 27-350.

 

When hard surfacing is required under this subsection, hard surfacing shall be a minimum of either five inches (5") thick or the asphalt equivalent of concrete and a minimum of 10 feet (10') wide for residential uses and shall be a minimum of either six inches (6") thick or the asphalt equivalent of concrete and a minimum of fourteen feet (14') wide for non-residential (office, commercial, and industrial) uses.  All hard surfacing shall include a five (5) foot radii or taper where the driveway connects to the hard-surfaced roadway.

 

If a building or structure, or an enlargement, expansion or modification thereto that requires a structural alteration is built on property adjacent to a non-hard surfaced roadway, the hard surfacing shall not be required at the time of construction provided that an agreement with the city is signed whereby the property owner elects not to hard surface the area(s) required in this section at the time of construction but agrees to hard surface the area(s) required in this section within one (1) year of the time the adjacent roadway is hard surfaced.  The property owner shall comply with the hard surfacing requirements in place at the time hard surfacing of the road occurs.  The terms and conditions of the agreement provided for in this section at the time of construction shall include the requirements that the agreement shall be filed of record at the expense of the property owner and that the agreement shall run with the land.

 

(b)    In addition to the requirements contained in subsection (a), the following shall apply to single family dwellings:

 

1.         In the event the width of a driveway is less than the width of the driveway apron to which the dwelling connects, then there shall be not less than five (5) foot radii or taper surfaced with portland cement concrete or hot mix asphalt at the point where the driveway connects to the driveway apron.

 

2.         If a dwelling has a driveway with a length of more than thirty (30) feet from a beginning point at the edge of a hard-surfaced roadway to a termination point at either the dwelling, attached or detached garage, or required off-street parking area, only the following areas are required to be hard surfaced:

 

A.        Thirty (30) feet of the driveway from the edge of and adjacent to the hard-surfaced roadway which driveway shall have a minimum width of ten (10) feet plus a five (5) foot radii or taper where the driveway connects to the hard-surface roadway; and

 

B.        Off-street parking area or driveway apron in place for the dwelling

 

(c)    In addition to the requirements contained in subsection (a), the following shall apply to accessory buildings or structures related to single family dwellings:

 

1.         In the event the width of a driveway is less than the width of the driveway apron to which the accessory building or structure connects, then there shall be not less than five (5) foot radii or taper surfaced with portland cement concrete or hot mix asphalt at the point where the driveway connects to the driveway apron.

 

2.         If an accessory building or structure related to a single family dwelling has a driveway with a length of more than thirty (30) feet from a beginning point at the edge of a hard-surfaced roadway to a termination point at the accessory building or structure, only the following areas are required to be hard surfaced:

 

A.        Thirty (30) feet of the driveway from the edge of and adjacent to the hard-surfaced roadway which driveway shall have a minimum width of ten (10) feet plus a five (5) foot radii or taper where the driveway connects to the hard-surface roadway; and

 

B.        Off-street parking area or driveway apron in place for the accessory building or structure.

 

(d)    In the event the cost to hard surface areas that are more than thirty (30) feet from the edge of the hard-surfaced roadway or public right of way is greater than fifty percent (50%) of the cost of the proposed single-family dwelling, accessory building or structure or proposed improvements thereto (exclusive of the cost of the hard surfacing), a modification of these requirements may be sought to establish the appropriate footage of required hard surfacing.  At minimum, the public right of way must be hard surfaced.  Proof of the cost of hard surfacing must be provided with no less than two (2) estimates from independent contractors.

 

(e)   Parking areas shall have adequate guards to prevent extension or the overhanging of vehicles beyond property lines or parking spaces; and parking areas shall have adequate markings for channelization and movement of vehicles.

 

(f)   If lighting facilities are provided, they shall be so arranged as to deflect or direct light away from any adjacent dwelling or dwelling district.

 

(g)   In a residential zoning district, where allowed, an off-street parking area containing more than six (6) vehicles shall maintain a front yard setback of ten (10) feet.

 

(h)   Screening shall be required as provided in Sec. 27-345.

 

(i)   On any corner lot, the requirements set forth in Sec. 27-290 of this Code shall apply. 

 

Source:  Ord. No. 4603, § 1, 9-16-02; Ord. No. 5546, § 3, 5-21-18

 

Sec. 27-349.  Off-street parking - modification of requirements.

 

As provided for in Sec. 27-348, after January 1, 1989, for new uses of land, buildings, and structures or enlargements, expansions or modifications thereto that require structural alterations and for all property on which the use of land is changed, all off-street parking and loading areas required in this article shall be graded and paved or otherwise improved with a portland cement concrete or hot mix asphalt surface; as approved by the city engineer unless exempted by ordinance or a modification of requirements is granted pursuant to Sec. 27-351 to allow improvement of the parking and loading areas, or parts thereof, with other than a portland cement concrete or hot mix asphalt surface. 

 

Source:  Ord. No. 4603, § 1, 9-16-02; Ord. No. 5546, § 3, 5-21-18

 

Sec. 27-350.  Existing parking lots - exempt.

 

All off-street parking areas in existence prior to January 1, 1989, are exempt from the provisions of this article provided that the use of land, building, structure, or premise is not enlarged, expanded, modified, or changed nor the building, structure, or premise is enlarged, modified, or changed to the extent that it involves a structural alteration, except as provided herein.

 

Additional off-street parking stalls required by expansion, modification, alteration or change of use shall be hard surfaced as provided for in Sec. 27-349. 

 

Source:  Ord. No. 4603, § 1, 9-16-02

 

Sec. 27-351.  Modification of requirements.

 

When the strict application of requirements contained in these regulations result in actual difficulties or substantial hardship or injustice, or when a mixture of uses or unusual development types mean that a strict application of these requirements will demonstrably result in excessive parking, the council, after report by the commission, may vary, modify, or waive such requirements so that the owner or developer may develop his or her property in a reasonable manner, but so that at the same time, the public welfare and interests of the city and surrounding area are protected and the general intent and spirit of these regulations preserved.  The variation, modification or waiver of surfacing requirements shall be for a specified period of time according to an approved improvement plan and schedule prepared by the applicant and shall be recorded in the office of the register of deeds.

 

Should a waiver be granted, any change in ownership or occupancy of the premises, shall require a new waiver.

 

Provisions and requirements set forth in this chapter shall be required unless specifically and individually waived, modified or varied by the city council after a public hearing and recommendation of the planning commission.

 

An initial filing fee as set forth in Section 2-5 of this Code shall be submitted with an application for the waiver of the hard-surfacing requirements set forth in Secs. 27-349 and 27-350 of this Code.  The applicant for said waiver shall also pay, in addition to the initial filing fee, any publication costs necessitated by the filing of said application, prior to the time the application is considered by the mayor and city council. 

 

Source:  Ord. No. 4603, § 1, 9-16-02; Ord. No. 5135, § 18, 9-7-10

 

Secs. 27-352--27-359.  Reserved.

 

ARTICLE XIII. REGULATION OF THE SITING OF WIRELESS TELECOMMUNICATINGS FACILITIES

Sec. 27-360.  Purpose and Legislative Intent.

 

The Telecommunications Act of 1996 affirmed the city’s authority concerning the placement, construction and modification of wireless telecommunications facilities. The city finds that wireless telecommunications facilities may pose significant concerns to the health, safety, public welfare, character and environment of the city and its inhabitants. The city also recognizes that facilitating the development of wireless service technology can be an economic development asset to the city and of significant benefit to the city and its residents.  In order to insure that the placement, construction or modification of wireless telecommunications facilities is consistent with the city’s land use policies, the city is adopting a single, comprehensive, wireless telecommunications facilities application and permit process. The intent of this article is to minimize impact of wireless telecommunications facilities, establish a fair and efficient process for review and approval of applications, assure an integrated, comprehensive review of environmental impacts of such facilities, and protect the health, safety and welfare of the city.

 

Source:  Ord. No. 5677, § 2, 08-17-2020;

 

Sec. 27-361.  Title.

 

This article shall be known and cited as the Wireless Telecommunications Facilities Siting Procedure for the City of Norfolk.

 

Source:  Ord. No. 5677, § 2, 08-17-2020;

 

Sec. 27-362.  Severability.

 

(a)   If any word, phrase, sentence, part, section, subsection, or other portion of this article or any application thereof to any person or circumstance is declared void, unconstitutional, or invalid for any reason, then such word, phrase, sentence, part, section, subsection, or other portion, or the proscribed application thereof, shall be severable, and the remaining provisions of this article, and all applications thereof, not having been declared void, unconstitutional, or invalid, shall remain in full force and effect.

 

(b)   Any permit issued under this article shall be comprehensive and not severable. If part of a permit is deemed or ruled to be invalid or unenforceable in any material respect, by a competent authority, or is overturned by a competent authority, the permit shall be void in total, upon determination by the city.

        

Source:  Ord. No. 5677, § 2, 08-17-2020;

 

Sec. 27-363.  Definitions.

 

For purposes of this article, and where not inconsistent with the context of a particular section, the defined terms, phrases, words, abbreviations, and their derivations shall have the meaning given in this section. When not inconsistent with the context, words in the present tense include the future tense, words used in the plural number include words in the singular number and words in the singular number include the plural number. The word “shall” is always mandatory, and not merely directory.
 
            Accessory facility or accessory structure means an accessory facility or accessory structure serving or being used in conjunction with wireless telecommunications facilities, and located on the same property or lot as the wireless telecommunications facilities, including but not limited to, utility or transmission equipment storage sheds or cabinets.
 
            Applicant means any wireless service provider submitting an application for a permit for wireless telecommunications facilities.
 
            Application means all necessary and appropriate documentation that an applicant submits in order to receive a permit for wireless telecommunications facilities.
 
            Antenna means a system of electrical conductors that transmit or receive electromagnetic waves or radio frequency or other wireless signals.
 
            Co-location means the use of an existing tower or structure to support antennae for the provision of wireless services. A replacement tower that is constructed on the same site as an existing tower will be considered a co-location as long as the new tower is no taller than the old tower and that the old tower is removed in a reasonably short time frame after the new tower is constructed.
 
            Commercial impracticability or commercially impracticable means the inability to perform an act on terms that are reasonable in commerce; the cause or occurrence of which could not have been reasonably anticipated or foreseen and that jeopardizes the financial efficacy of the project.  The inability to achieve a satisfactory financial return on investment or profit, standing alone, shall not deem a situation to be “commercially impracticable” and shall not render an act or the terms of an agreement “commercially impracticable”.
 
            Completed application means an application that contains all information and/or data necessary to enable an informed decision to be made with respect to an application.
 
            Conditional use permit means the official document or permit, as defined in Sec. 27-2 of this Code, by which an applicant is allowed to construct and use wireless telecommunications facilities as granted or issued by the city, and in accordance with Sec. 27-56 of this Code.
 
            Council or city council means the council of the City of Norfolk, Nebraska.
 
            Distributed antenna system or DAS means a network of spatially separated antenna nodes connected to a common source via a transport medium that provides wireless service within a geographic area or structure.
 
            Eligible facility means a facility as defined in FCC 14-153.
 
            Eligible facility permit means an official zoning permit approved and issued by the director of planning and development for applications for facilities that meet the definition of an “eligible facility”.
 
            FAA means the Federal Aviation Administration, or its duly designated and authorized successor agency.
 
            FCC means the Federal Communications Commission, or its duly designated and authorized successor agency.
 
            Height means, when referring to a tower or structure, the distance measured from the pre-existing grade level to the highest point on the tower or structure, even if said highest point is an Antenna or lightening protection device. 
 
            Modification or modify means, the addition, removal or change of any of the physical and visually discernable components or aspects of a wireless facility, such as antennas, cabling, equipment shelters, landscaping, fencing, utility feeds, changing the color or materials of any visually discernable components, vehicular access, parking and/or an upgrade or change out of equipment for better or more modern equipment. Adding a new wireless carrier or service provider to a telecommunications tower or telecommunications site as a co-location is a modification.  A modification shall not include the replacement of any components of a wireless facility where the replacement is identical to the component being replaced or for any matters that involve the normal repair and maintenance of a wireless facility without adding, removing or changing anything.
 
            NIER means Non-Ionizing Electromagnetic Radiation.
 
            Person means any firm, partnership, association, corporation, organization, club, society, group acting as a unit, or body politic and corporate, as well as to an individual.
 
            Personal wireless facility (See definition for “Wireless telecommunications facilities”)
 
            Personal communications service or PCS shall have the same meaning as defined and used in the 1996 Telecommunications Act.
 
            Personal wireless services or PWS shall have the same meaning as defined and used in the 1996 Telecommunications Act.
 
            Repairs and maintenance means the replacement of any components of a wireless facility where the replacement is identical to the component being replaced or for any matters that involve the normal repair and maintenance of a wireless facility without the addition, removal or change of any of the physical or visually discernable components or aspects of a wireless facility that will add to the visible appearance of the facility as originally permitted.
 
            Planning Commission means the Planning Commission of the City of Norfolk, Nebraska, with such responsibilities as outlined under Sec. 19-1 of this Code.
 
            Small wireless facility or small cell means a wireless facility: (1) mounted on a structure 50 feet or less in height, including their antennas, or mounted on a structure no more than 10 percent taller than other adjacent structures; (2) each antenna associated with the deployment is no more than three cubic feet in volume; and (3) all other wireless equipment associated with the structure, whether ground-mounted or pole-mounted, is no more than 28 cubic feet in volume. This article applies to small wireless facilities located on private property but does not apply to small wireless facilities located in the City’s right of way.
 
            State means the State of Nebraska. 
 
            Stealth or stealth technology means to minimize adverse aesthetic and visual impacts on the land, property, buildings, and other facilities adjacent to, surrounding, and in generally the same area as the requested location of such wireless telecommunications facilities, which shall mean using the least visually and physically intrusive facility that is not technologically or commercially impracticable under the facts and circumstances.
 
            Telecommunications means the transmission and/or reception of audio, video, data, and other information by wire, radio frequency, light, and other electronic or electromagnetic systems.
 
            Telecommunication site (See definition for wireless telecommunications facilities).

 
            Telecommunications structure means a structure used in the provision of services described in the definition of “wireless telecommunications facilities”.
 
            Temporary means, in relation to all aspects and components of this article, something intended to, or that does not exist for more than ninety (90) days.
 
            Tower means any structure designed primarily to support an antenna for receiving and/or transmitting a wireless signal.
 
            Wireless telecommunications facilities means and includes a “telecommunications site” and “personal wireless facility”.  It means a structure, facility or location designed, or intended to be used as, or used to support antennas or other transmitting or receiving devices.  This includes without limit, towers of all types and kinds and structures, including, but not limited to buildings, church steeples, silos, water towers, signs or other structures that can be used as a support structure for antennas or the functional equivalent of such.  It further includes all related facilities and equipment such as cabling, equipment shelters and other structures associated with the site.  It is a structure and facility intended for transmitting and/or receiving radio, television, cellular, SMR, paging, 911, personal communications services (PCS), commercial satellite services, microwave services and any commercial wireless telecommunication service not licensed by the FCC.  As used in this article, the term “wireless telecommunications facilities” includes small wireless facilities located on private or city property but does not include small wireless facilities located within the City’s right of way.

 

Source:  Ord. No. 5677, § 2, 08-17-2020;

 

Sec. 27-364.  Overall policy and desired goals for eligible facility and conditional use permits for wireless telecommunications facilities.

 

In order to ensure that the placement, construction, and modification of wireless telecommunications facilities protects the city’s health, safety, public welfare, environmental features, the nature and character of the community and neighborhood and other aspects of the quality of life specifically listed elsewhere in this article, the city hereby adopts an overall policy with respect to a eligible facility or conditional use permit for wireless telecommunications facilities for the express purpose of achieving the following goals:

  

(1)       Requiring an eligible facility permit or conditional use permit for any new wireless telecommunications facility, as well as for any co-location or modification of a wireless telecommunications facility.

 

(2)       Implementing an application process for person(s) seeking an eligible facility permit or conditional use permit for wireless telecommunications facilities.

 

(3)       Establishing a policy for examining an application for and issuing an eligible facility permit or conditional use permit for wireless telecommunications facilities that is both fair and consistent.

 

(4)       Promoting and encouraging, wherever possible, the sharing and/or co-location of wireless telecommunications facilities among service providers.

 

(5)       Promoting and encouraging, wherever possible, the placement, height and quantity of wireless telecommunications facilities in such a manner, including but not limited to the use of stealth technology, to minimize adverse aesthetic and visual impacts on the land, property, buildings, and other facilities adjacent to, surrounding, and in generally the same area as the requested location of such wireless telecommunications facilities, which shall mean using the least visually and physically intrusive facility that is not technologically or commercially impracticable under the facts and circumstances.

 

(6)       That in granting an eligible facility permit or conditional use permit, the city has found that the facility shall be the most appropriate site as regards to being the least visually intrusive among those available in the city.

 

Source:  Ord. No. 5677, § 2, 08-17-2020;

 

Sec. 27-365.  Eligible facility permit or conditional use permit for wireless telecommunications facilities required; Exceptions.

 

(a)   Except as otherwise provided by this article, no person shall be permitted to site, place, build, construct, modify or prepare any site for the placement or use of, wireless telecommunications facilities as of the effective date of this article without having first obtained either an eligible facility permit or a conditional use permit for wireless telecommunications facilities. Notwithstanding anything to the contrary in this section, no permit shall be required for those non-commercial exclusions noted in Sec. 27-366.
 
            (b)  All legally permitted wireless telecommunications facilities, constructed as permitted, existing on or before the effective date of this article shall be allowed to continue as they presently exist, provided however, that any visible modification of an existing wireless telecommunications facility will require the complete facility and any new installation to comply with this article.
 
            (c)  Any repair and maintenance of a wireless facility does not require an application for an eligible facility permit or conditional use permit.

 

Source:  Ord. No. 5677, § 2, 08-17-2020;

 

Sec. 27-366.  Exclusions.

 

The following shall be exempt from this article:

 

(1)       The city’s fire, police, public works department or other public service facilities owned and operated by the local government.

 

(2)       Any facilities expressly exempt from the city’s siting, building and permitting authority.

 

(3)       Over-the-air reception devices including the reception antennas for direct broadcast satellites (DBS), multichannel multipoint distribution (wireless cable) providers (MMDS), television broadcast stations (TVBS) and other customer-end antennas that receive and transmit fixed wireless signals that are primarily used for reception.

 

(4)       Facilities exclusively for private, non-commercial radio and television reception and private citizen’s bands, licensed amateur radio and other similar non-commercial telecommunications.

 

(5)       Facilities used exclusively for providing unlicensed spread spectrum technology i.e. Bluetooth or a ‘Hot Spot’, where the facility does not require a new tower, where the service is not to be used for commercial purposes, where there is no fee or charge for the use of the service and where the service is intended to be useable for less than 200 feet.

 

Source:  Ord. No. 5677, § 2, 08-17-2020;

 

Sec. 27-367.  Eligible facility permit and conditional use permit application and other requirements.

 

(a)   All applicants for any permit for wireless telecommunications facilities or any modification of such facility shall comply with the requirements set forth in this article.

 

(b)    All applications for an eligible facility permit or conditional use permit for wireless telecommunications facilities shall be filed with the director of planning and development.

 

(c)    The permit applications not meeting the requirements stated herein or which are otherwise incomplete may be rejected.

 

(d)    No wireless telecommunications facilities shall be installed, constructed or modified until the application is reviewed and approved by the city, and the eligible facility permit or conditional use permit has been issued.

 

(e)    Any and all representations made by the applicant to the city on the record during the application process, whether written or verbal, shall be deemed a part of the permit application and may be relied upon in good faith by the city.

 

(f)    An application for an eligible facility permit or conditional use permit for wireless telecommunications facilities shall be signed on behalf of the applicant by the person preparing the same and with knowledge of the contents and representations made therein and attesting to the truth and completeness of the information.

 

(g)    The applicant must provide documentation to verify it has the right to proceed as proposed on the site.  This would require an executed copy of the lease with the landowner or landlord or a signed letter or consent acknowledging authorization.  If the applicant owns the site, a copy of the ownership record is required.

 

(h)    The applicant shall include a statement in writing:

 

(1)       That the applicant’s proposed wireless telecommunications facilities shall be maintained in a safe manner, and in compliance with all conditions of the eligible facility or conditional use permit, without exception, unless specifically granted relief by the city in writing, as well as all applicable and permissible local codes, ordinances, and regulations, including any and all applicable city, state and federal laws, rules, and regulations; and

 

(2)       That the construction of the wireless telecommunications facilities is legally permissible, including, but not limited to the fact that the applicant is authorized to do business in the State.

 

(i)    Where a certification is called for in this article, such certification shall bear the signature and seal of a registered professional licensed in the State.

 

(j)    In addition to all other required information as stated in this article, all applications for the construction or installation of new wireless telecommunications facilities or modification of an existing facility shall contain the information hereinafter set forth.

 

(1)       A descriptive statement of the objective(s) for the new facility or modification including and expanding on a need such as coverage and/or capacity requirements.

 

(2)       Documentation that demonstrates and proves the need for the wireless telecommunications facility to provide service primarily and essentially within the city. Such documentation shall include propagation studies of the proposed site and all adjoining planned, proposed, in-service or existing sites that demonstrate a significant gap in coverage and/or if a capacity need, including an analysis of current and projected usage; for a new tower drive test data is required. If documentation is provided by the applicant that this site qualifies as an eligible facility, proof of need is not required.

 

(3)       The name, address and phone number of the person preparing the report.

 

(4)       The name, address, and phone number of the property owner and applicant, and to include the legal name of the applicant. If the site is a tower and the owner is different than the applicant, provide name and address of the tower owner.

 

(5)       The postal address and tax map parcel number of the property.

 

(6)       The zoning district or designation in which the property is situated.

 

(7)       Size of the property stated both in square feet and lot line dimensions, and a survey showing the location of all lot lines.

 

(8)       The location of nearest residential structure.

 

(9)       The location, size and height of all existing and proposed structures on the property which is the subject of the application.

 

(10)     The type, locations and dimensions of all proposed and existing landscaping, and fencing.

 

(11)     The azimuth, size and center-line height location of all proposed and existing antennae on the supporting structure.

 

(12)     The number, type and model of the antenna(s) proposed with a copy of the specification sheet.

 

(13)     The make, model, type and manufacturer of the tower and design plan stating the tower’s capacity to accommodate multiple users.

 

(14)     A site plan describing the proposed tower and antenna(s) and all related fixtures, structures, appurtenances and apparatus, including height above pre-existing grade, materials, color and lighting.

 

(15)     The frequency, modulation and class of service of radio or other transmitting equipment.

 

(16)     The actual intended transmission power stated as the maximum effective radiated power (ERP) in watts.

 

(17)     Signed documentation such as the “Checklist to Determine Whether a Facility is Categorically Excluded” to verify that the wireless telecommunication facility with the proposed installation will be in full compliance with the current FCC RF Emissions guidelines (NIER).  If not categorically excluded, a complete RF Emissions study is required to provide verification.

 

(18)     A signed statement that the proposed installation will not cause physical or RF interference with other telecommunications devices.

 

(19)     A copy of the FCC license applicable for the intended use of the wireless telecommunications facilities.

 

(20)     A copy of the geotechnical sub-surface soils investigation, evaluation report and foundation recommendation for a proposed or existing tower site and if existing tower or water tank site, a copy of the installed foundation design.

 

(k)    The applicant will provide a written copy of an analysis, completed by a qualified individual or organization, to determine if the proposed new tower or existing structure intended to support wireless facilities is in compliance with Federal Aviation Administration Regulation Part 77 and if it requires lighting. This requirement shall also be for any existing structure or building where the application increases the height of the structure or building.  If this analysis determines that an FAA determination is required, then all filings with the FAA, all responses from the FAA, and any related correspondence shall be provided with the application.

 

(l)    Additional requirements for an application for a new tower.

 

(1)       In the case of a new tower, the applicant shall be required to submit a written report demonstrating its meaningful efforts to secure shared use of existing tower(s) or the use of alternative buildings or other structures within the city. Copies of written requests and responses for shared use shall be provided to the city in the application, along with any letters of rejection stating the reason for rejection.

 

(2)       The applicant shall examine the feasibility of designing the proposed tower to accommodate future demand for at least four (4) additional commercial applications, for example, future co-locations. The tower shall be structurally designed to accommodate at least four (4) additional antenna arrays equal to those of the applicant, and located as close to the applicant’s antenna as possible without causing interference. This requirement may be waived, provided that the applicant, in writing, demonstrates that the provisions of future shared usage of the tower is not technologically feasible, is commercially impracticable or creates an unnecessary and unreasonable burden, based upon:


a)      The foreseeable number of FCC licenses available for the area;


b)      The kind of wireless telecommunications facilities site and structure proposed;


c)      The number of existing and potential licenses without wireless telecommunications facilities spaces/sites;


d)      Available space on existing and approved towers.

 

(3)       Upon completing construction and before the issuance of the certificate of compliance, to ensure the tower was constructed as permitted, the applicant is to provide signed documentation of the tower condition such as an ANSI report as per Annex E, Tower Maintenance and Inspection Procedures, ANSI/TIA/EIA-222F or most recent version. The inspection report must be performed every three (3) years for a guyed tower and five (5) years for monopoles and self-supporting towers.

 

(4)       The owner of a proposed new tower, and his/her successors in interest, shall negotiate in good faith for the shared use of the proposed tower by other wireless service providers in the future, and shall:


a)      Respond within 60 days to a request for information from a potential shared-use applicant;


b)      Negotiate in good faith concerning future requests for shared use of the new tower by other telecommunications providers; and


c)      Allow shared use of the new tower if another telecommunications provider agrees in writing to pay reasonable charges.  The charges may include, but are not limited to, a pro rata share of the cost of site selection, planning, project administration, land costs, site design, construction and maintenance financing, return on equity, less depreciation, and all of the costs of adapting the tower or equipment to accommodate a shared user without causing electromagnetic interference.


d)      Failure to abide by the conditions outlined above may be grounds for revocation of the conditional use permit.

 

(m)    The applicant shall provide certification with documentation (structural analysis) including calculations that the telecommunication facility tower and foundation and attachments, rooftop support structure, water tank structure, and any other supporting structure as proposed to be utilized are designed and will be constructed to meet all local, city, state and federal structural requirements for loads, including wind and ice loads.

 

(n)      If application is for a co-location or modification on an existing tower, the applicant is to provide signed documentation of the tower condition such as an ANSI report as per Annex E, Tower Maintenance and Inspection Procedures, ANSI/TIA/EIA-222F or most recent version. The inspection report must be performed every three (3) years for a guyed tower and five (5) years for monopoles and self-supporting towers.

 

(o)  All proposed wireless telecommunications facilities shall contain a demonstration that the facility will be sited so as to minimize visual intrusion as much as possible, given the facts and circumstances involved and will thereby have the least adverse visual effect on the environment and its character and on the residences in the area of the wireless telecommunications facility.

 

(p)  If a new tower, proposal for a new antenna attachment to an existing structure, or modification adding to a visual impact, the applicant shall furnish a visual impact assessment, which shall include:

 

(1)       Pictorial representations of “before and after” (photo simulations) views from key viewpoints both inside and outside of the city as may be appropriate, including but not limited to state highways and other major roads; parks; other public lands; historic districts; preserves and historic sites normally open to the public; and from any other location where the site is visible to a large number of visitors, travelers or residents.  Guidance will be provided, concerning the appropriate key sites at the pre-application meeting.

 

(2)       A map showing the locations of where the pictures were taken and distance from the proposed structure.

 

(q)  The applicant shall demonstrate and provide in writing and/or by drawing how it shall effectively screen from view the base and all related equipment and structures of the proposed wireless telecommunications facility.

 

(r) All tower installations shall maintain landscaped peripheral yards with a minimum depth of 35 feet from surrounding property lines.  One tree consistent with the provisions of Sec. 27-309 shall be planted for every 500 square feet of required peripheral yard area

 

(s)  The wireless telecommunications facility and any and all accessory or associated facilities shall maximize the use of building materials, colors and textures designed to blend with the structure to which it may be affixed and/or to harmonize with the natural surroundings, this shall include the utilization of stealth or concealment technology as may be required by the city.

 

(t) Metal exteriors shall generally not be permitted for accessory support buildings.

 

(u)  All utilities at a wireless telecommunications facilities site shall be installed underground whenever possible and in compliance with all laws, ordinances, rules and regulations of the city, including specifically, but not limited to, the National Electrical Safety Code and the National Electrical Code where appropriate.

 

(v)  At a telecommunications site, an access road, turn-around space and parking shall be provided to assure adequate emergency and service access. Maximum use of existing roads, whether public or private, shall be made to the extent practicable. Road construction shall at all times minimize ground disturbance and the cutting of vegetation. Road grades shall closely follow natural contours to assure minimal visual disturbance and reduce soil erosion.

 

(w)  All wireless telecommunications facilities shall be constructed, operated, maintained, repaired, provided for removal of, modified or restored in strict compliance with all current applicable technical, safety and safety-related codes adopted by ­­­­­the city, state, or United States, including but not limited to the most recent editions of the ANSI Code, National Electrical Safety Code and the National Electrical Code, as well as accepted and responsible workmanlike industry practices and recommended practices of the National Association of Tower Erectors. The codes referred to are codes that include, but are not limited to, construction, building, electrical, fire, safety, health, and land use codes.  In the event of a conflict between or among any of the preceding the more stringent shall apply.

 

(x)  A holder of an eligible facility permit or conditional use permit granted under this article shall obtain, at its own expense, all permits and licenses required by applicable law, rule, regulation or code, and must maintain the same, in full force and effect, for as long as required by the city or other governmental entity or agency having jurisdiction over the applicant.

 

(y)  There shall be a pre-application meeting. The purpose of the pre-application meeting will be to address issues that will help to expedite the review and permitting process. A pre-application meeting shall also include a site visit if there has not been a prior site visit for the requested site.

 

(z)  An applicant shall submit to the city the number of completed applications determined to be needed at the pre-application meeting.

 

(aa)  The holder of an eligible facility permit or conditional use permit shall notify the city of any intended modification of a wireless telecommunication facility and shall apply to the city to modify, relocate or rebuild a wireless telecommunications facility.

 

Source:  Ord. No. 5677, § 2, 08-17-2020

 

Sec. 27-368.  Location of wireless telecommunications facilities.

 

(a)      Applicants for wireless telecommunications facilities shall locate, site and erect said wireless telecommunications facilities in accordance with the following priorities, one (1) being the highest priority and seven (7) being the lowest priority.

 

(1)       On existing towers or other structures on city owned properties, including the right-of-way.

 

(2)       On existing towers or other structures on other property in the city.

 

(3)       A new tower on city-owned properties, including the right-of-way.

 

(4)       A new tower on properties in areas zoned for industrial use.

 

(5)       A new tower on properties in areas zoned for commercial use.

 

(6)       A new tower on properties in areas zoned for agricultural use.

 

(7)       A new tower on properties in areas zoned for residential use.

 

(b)        If the proposed site is not proposed for the highest priority listed above, then a detailed explanation must be provided as to why a site of a higher priority was not selected. The person seeking such an exception must satisfactorily demonstrate the reason or reasons why such a permit should be granted for the proposed site, and the hardship that would be incurred by the applicant if the permit were not granted for the proposed site.

 

(c)      An applicant may not by-pass sites of higher priority by stating the site proposed is the only site leased or selected. An application shall address co-location as an option. If such option is not proposed, the applicant must explain to the reasonable satisfaction of the city why co-location is commercially or otherwise impracticable. Agreements between providers limiting or prohibiting co-location shall not be a valid basis for any claim of commercial impracticability or hardship.

 

(d)      Notwithstanding the above, the city may approve any site located within an area in the above list of priorities, provided that the city finds that the proposed site is in the best interest of the health, safety and welfare of the city and its inhabitants and will not have a deleterious effect on the nature and character of the community and neighborhood.

 

(e)      Notwithstanding that a potential site may be situated in an area of highest priority or highest available priority, the city may disapprove an application for any of the following reasons.

 

(1)       Conflict with safety and safety-related codes and requirements.

 

(2)       Conflict with the historic nature or character of a neighborhood or overlay district.

 

(3)       The use or construction of wireless telecommunications facilities which is contrary to an already stated purpose of a specific zoning or land use designation. 

 

(4)       The placement and location of wireless telecommunications facilities would create an unacceptable risk, or the reasonable probability of such, to residents, the public, employees and agents of the city, or employees of the service provider or other service providers.

 

(5)       Conflicts with the provisions of this article.

 

Source:  Ord. No. 5677, § 2, 08-17-2020

 

Sec. 27-369.  Shared use of wireless telecommunications facilities and other structures.

 

(a)   The city, as opposed to the construction of a new tower, shall prefer locating on existing towers or others structures without increasing the height. The applicant shall submit a comprehensive report inventorying existing towers and other suitable structures within two (2) miles of the location of any proposed new tower, unless the applicant can show that some other distance is more reasonable and demonstrate conclusively why an existing tower or other suitable structure cannot be used.

 

(b)  An applicant intending to locate on an existing tower or other suitable structure shall be required to document the intent of the existing owner to permit its use by the applicant.

 

(c)  Such shared use shall consist only of the minimum antenna array technologically required to provide service primarily and essentially within the city, to the extent practicable, unless good cause is shown.

        

Source:  Ord. No. 5677, § 2, 08-17-2020;

 

Sec. 27-370.  Height of telecommunications tower(s).

 

(a)   The applicant shall submit documentation justifying the total height of any tower, facility and/or antenna requested and the basis therefore. Documentation in the form of propagation studies must include all backup data used to perform at requested height and a minimum of ten (10’) feet lower height to allow verification of this height need.  Such documentation will be analyzed in the context of the justification of the height needed to provide service primarily and essentially within the city, to the extent practicable, unless good cause is shown. The height limitations in this section shall supersede all other height limitations in this Code, except that in all instances any tower, facility and/or antenna must comply with airport zoning and regulations.

 

(b)  No tower, including all attachments, shall exceed that height which shall permit operation without required artificial lighting of any kind in accordance with city, state, and/or any federal statute, law, local law, ordinance, code, rule or regulation.

 

Source:  Ord. No. 5677, § 2, 08-17-2020;

 

Sec. 27-371.  Visibility of wireless telecommunications facilities.

 

(a)   Wireless telecommunications facilities shall not be artificially lighted or marked, except as required by law.

 

(b)  Towers shall be galvanized and/or painted with a rust-preventive paint of an appropriate color to harmonize with the surroundings and shall be maintained in accordance with the requirements of this article.

 

(c)  If lighting is required, applicant shall provide a plan for sufficient lighting of as unobtrusive and inoffensive an effect as is permissible under state and federal regulations.

 

Source:  Ord. No. 5677, § 2, 08-17-2020;

 

Sec. 27-372.  Security of wireless telecommunications facilities.

 

All wireless telecommunications facilities and antennas shall be located, fenced or otherwise secured in a manner that prevents unauthorized access. Specifically:

 

(1)       All antennas, towers and other supporting structures, including guy anchor points and wires, shall be made inaccessible to individuals and constructed or shielded in such a manner that they cannot be climbed or collided with; and

 

(2)       Transmitters and telecommunications control points shall be installed in such a manner that they are readily accessible only to persons authorized to operate or service them.

 

Source:  Ord. No. 5677, § 2, 08-17-2020;

 

Sec. 27-373.  Signage.

 

Wireless telecommunications facilities shall contain a sign no larger than four (4) square feet in order to provide adequate notification to persons in the immediate area of the presence of RF radiation or to control exposure to RF radiation within a given area. RF radiation warning signage shall be posted on all four sides of the compound.  A sign of the same size is also to be installed to contain the name(s) of the owner(s) and operator(s) of the antenna(s) as well as emergency phone number(s).  The sign shall be on the equipment shelter or cabinet of the applicant and be visible from the access point of the site and must identify the equipment owner of the shelter or cabinet.  On tower sites, an FCC registration site as applicable is also to be present.  The signs shall not be lighted, unless applicable law, rule or regulation requires lighting. No other signage, including advertising, shall be permitted.

 

Source:  Ord. No. 5677, § 2, 08-17-2020;

 

Sec. 27-374.  Lot size and setbacks.

 

All proposed towers and any other proposed wireless telecommunications facility structures shall be set back from abutting parcels, recorded rights-of-way and road and street lines by the greater of the following distances: A distance equal to the height of the proposed tower or wireless telecommunications facility structure plus ten percent (10%) of the height of the tower or structure, or the existing setback requirement of the underlying zoning district, whichever is greater. Any accessory structure shall be located so as to comply with the applicable minimum setback requirements for the property on which it is situated.

 

Source:  Ord. No. 5677, § 2, 08-17-2020;

 

Sec. 27-375.  Retention of expert assistnace and reimbursement by applicant.

 

(a)   The city may hire any consultant and/or expert necessary to assist the city in reviewing and evaluating the application, including the construction and modification of the site, once permitted, and any site inspections.

 

(b)   An applicant shall deposit with the city escrow funds sufficient to reimburse the city for all costs of the city’s consultant in providing expert evaluation and consultation to any agency of the city in connection with the review of any application, including where applicable, the lease negotiation, the preapproval evaluation, and the construction and modification of the site, once permitted. The initial deposit shall be $8,500.00. The placement of the $8,500.00 with the city shall precede the pre-application meeting. The city will maintain a separate escrow account for all such funds. The city’s consultants/experts shall invoice the city for its services related to the application. If at any time during the process this escrow account has a balance less than $2,500.00, the applicant shall immediately, upon notification by the city, replenish said escrow account so that it has a balance of at least $5,000.00. Such additional escrow funds shall be deposited with the city before any further action or consideration is taken on the application. In the event that the amount held in escrow by the city is more than the amount of the actual invoicing at the conclusion of the project, the remaining balance shall, upon request of the applicant, be promptly refunded to the applicant. If notified by the city that additional escrow is required, the applicant may request copies of consultants’ and/or experts’ invoices. If the applicant finds errors in those invoices, applicant may ask the city to audit those specific items for reasonableness, and may request relief therefrom if not deemed reasonable by the city.

 

(c)  Notwithstanding the above, there shall be a fee cap of $17,000.00 as to the total consultant fees to be charged to applicant in a case. The foregoing does not prohibit the city from imposing additional reasonable and cost based fees for costs incurred should an applicant amend or change its application and the fee cap shall not apply as to any fees which the city determines to be attributable to the dilatory or otherwise bad faith actions of applicant in providing a complete application or in proceeding with a public hearing.

 

(d)   The total amount of the funds needed as set forth in subsection (b) of this section may vary with the scope (lease negotiations and/or review) and complexity of the project, the completeness of the application and other information as may be needed to complete the necessary review, analysis and inspection of any construction or modification.

 

Source:  Ord. No. 5677, § 2, 08-17-2020;

 

Sec. 27-376.  Public hearing and notification requirements.

 

(a)   Prior to the approval of any application for a conditional use permit for wireless telecommunications facilities, the process for a conditional use permit as described in Sec. 27-56 of this Code shall be applied.

 

(b)   If the tower has a valid conditional use permit, there shall be no new conditional use permit required for an application to co-locate on an existing tower or other structure, for a modification at an existing site, or for an eligible facility application as long as there is no proposed increase in the height of the tower or structure, including attachments thereto.

 

(c)  The city shall schedule the public hearing referred to in subsection (a) of this section once it finds the conditional use permit application, as submitted to the city’s expert, is complete.   The city, at any stage prior to issuing a conditional use permit, may require such additional information as it deems necessary.

 

(d)  No public hearing or notifications are required for eligible facility applications with a valid conditional use permit.

 

Source:  Ord. No. 5677, § 2, 08-17-2020;

 

Sec. 27-377.  Action on an application for a conditional use permit for wireless telecommunicatins facilities.

 

(a)   The city will undertake a review of an application pursuant to this article in a timely fashion, consistent with its responsibilities, and shall act within a reasonable period of time given the relative complexity of the application and the circumstances, with due regard for the public’s interest and need to be involved, and the applicant’s desire for a timely resolution.

 

(b)  The city may refer any application or part thereof to any advisory committee, other committee, or commission for a non-binding recommendation.

 

(c)  After the public hearing and after formally considering the application, the city may approve with conditions or deny a conditional use permit. Its decision shall be in writing and shall be supported by substantial evidence contained in a written record. The burden of proof for the granting of the permit shall always be upon the applicant.

 

(d)  If the planning commission approves the conditional use permit for wireless telecommunications facilities, then the applicant shall be notified of such approval.  Except for necessary building and utility permits, once a conditional use permit has been granted hereunder, no additional permits or approvals from the city for the initial installation only, such as site plan or zoning approvals, shall be required by the city for the wireless telecommunications facilities covered by the conditional use permit.

 

(e)  If the planning commission denies the conditional use permit for wireless telecommunications facilities, then the applicant shall be notified of such denial in writing within seven (7) calendar days of the city’s action. Following such denial, the applicant may appeal the planning commission’s decision to the city council within fifteen (15) days of such decision.

 

Source:  Ord. No. 5677, § 2, 08-17-2020;

 

Sec. 27-378.  Action on application for eligible facility permit for wireless telecommunications facilities.

 

(a)   For any eligible facility permit application, a complete application shall be approved by the director of planning and development, or his or her designee, only if he or she determines that such complete application is in compliance with this article.

 

b)  The burden of proof for the granting of an eligible facility permit for wireless telecommunications facilities shall always be upon the applicant. 

 

c)  If the city denies the eligible facility permit for wireless telecommunications facilities, then the applicant shall be notified of such denial or failure, in writing, within ten (10) calendar days of the city’s action.

 

 Source:  Ord. No. 5677, § 2, 08-17-2020;

 

Sec. 27-379.  Extent and parameters of eligible facility permit and conditional use permit for wireless telecommunications facilities.

 

The extent and parameters of an eligible facility permit or conditional use permit for wireless telecommunications facilities shall be as follows:

 

(1)       Such eligible facility permit or conditional use permit shall not be assigned, transferred or conveyed, except in accordance with the conditions outlined within a conditional use permit.

 

(2)       Such eligible facility permit or conditional use permit may, following a hearing upon due prior notice to the applicant, be revoked, canceled, modified, or terminated for a violation of the conditions and provisions of the eligible facility permit or conditional use permit, or in accordance with Sec. 27-56 of this Code, or for a material violation of this article after prior written notice to the holder of the permit. 

 

Source:  Ord. No. 5677, § 2, 08-17-2020;

 

Sec. 27-380.  Application fee.

 

At the time a person submits an application for a conditional use permit or an eligible facility permit, such person shall pay a nonrefundable application fee to the city in accordance with Sec. 2-5 of this Code.

 

For small wireless facilities located outside the city right of way, application fees will be as provided by applicable state and federal law and in accordance with any license agreement between the city and the applicant.

 

Source:  Ord. No. 5677, § 2, 08-17-2020;

 

Sec. 27-381.  Distributed antenna systems.

 

Distributed antenna systems have the potential to require either an eligible facility permit or a conditional use permit depending on the proposed system. The information required for an eligible facility or a conditional use permit is required as outlined in this article.

 

Batch applications can be submitted to expedite the permitting process. Applicant will be required to maintain the minimum escrow account balances set forth in this article. The total amount of the funds needed may vary with the scope and complexity of the project. The cap established in Sec. 27-375(c) does not apply for batch applications.

 

Source:  Ord. No. 5677, § 2, 08-17-2020;

 

Sec. 27-382.  Performance security.

 

The applicant and the owner of record of any proposed wireless telecommunications facilities property site shall, at its cost and expense, be jointly required to execute and file with the city a bond, or other form of security acceptable to the city as to type of security and the form and manner of execution, in an amount of at least $50,000.00 for a tower facility and $25,000 for a co-location on an existing tower or other structure and with such sureties as are deemed sufficient by the city to assure the faithful performance of the terms and conditions of this article and conditions of any eligible facility permit or conditional use permit issued pursuant to this article. The full amount of the bond or security shall remain in full force and effect throughout the term of the conditional use permit and/or until any necessary site restoration is completed to restore the site to a condition comparable to that which existed prior to the issuance of the original eligible facility permit or conditional use permit.  

 

Source:  Ord. No. 5677, § 2, 08-17-2020;

 

Sec. 27-383.  Reservation of authority to inspect wireless telecommunications facilities.

 

In order to verify that the holder of a conditional use permit for wireless telecommunications facilities and any and all lessees, renters, and/or licensees of wireless telecommunications facilities, place and construct such facilities, including towers and antennas, in accordance with all applicable technical, safety, fire, building, and zoning codes, laws, ordinances and regulations and other applicable requirements, the city may inspect all facets of said permit holder’s, renter’s, lessee’s or licensee’s placement, construction, modification and maintenance of such facilities, including, but not limited to, towers, antennas and buildings or other structures constructed or located on the permitted site.

 

Source:  Ord. No. 5677, § 2, 08-17-2020;

 

Sec. 27-384.  Liability insurance.

 

(a)        A holder of an eligible facility permit or conditional use permit for wireless telecommunications facilities shall secure and at all times maintain public liability insurance for personal injuries, death and property damage, and umbrella insurance coverage, for the duration of the permit in amounts as set forth below:

 

(1)       Commercial General Liability covering personal injuries, death and property damage: $1,000,000 per occurrence/$2,000,000 aggregate.

 

(2)       Automobile Coverage: $1,000,000 per occurrence/ $2,000,000 aggregate.

 

(3)       Workers Compensation and Disability: Statutory amounts.

 

(4)       Medical expense:  $5,000 any one person.

 

(b)      For a wireless telecommunications facility on city property, the commercial general liability insurance policy shall specifically include the city and its officers, councils, employees, committee members, attorneys, agents and consultants as additional insureds.

 

(c)      The insurance policies shall be issued by an agent or representative of an insurance company licensed to do business in the state and with a Best’s rating of at least A.

 

 (d)      The insurance policies shall contain an endorsement obligating the insurance company to furnish the city with at least thirty (30) days prior written notice in advance of the cancellation of the insurance.

 

(e)      Renewal or replacement policies or certificates shall be delivered to the city at least fifteen (15) days before the expiration of the insurance that such policies are to renew or replace.

 

(f)       Before construction of a permitted wireless telecommunications facilities is initiated, but in no case later than fifteen (15) days after the granting of the permit, the holder of the permit shall deliver to the city a copy of each of the policies or certificates representing the insurance in the required amounts.

 

Source:  Ord. No. 5677, § 2, 08-17-2020

 

Sec. 27-385.  Indemnification.

 

(a)   Any application for wireless telecommunication facilities that is proposed for city property, pursuant to this article, shall contain a provision with respect to indemnification. Such provision shall require the applicant, to the extent permitted by the law, to at all times defend, indemnify, protect, save, hold harmless, and exempt the city, and its officers, councils, employees, committee members, attorneys, agents, and consultants from any and all penalties, damages, costs, or charges arising out of any and all claims, suits, demands, causes of action, or award of damages, whether compensatory or punitive, or expenses arising therefrom, either at law or in equity, which might arise out of, or are caused by, the placement, construction, erection, modification, location, products performance, use, operation, maintenance, repair, installation, replacement, removal, or restoration of said facility, excepting, however, any portion of such claims, suits, demands, causes of action or award of damages as may be attributable to the negligent or intentional acts or omissions of the city, or its servants or agents.  With respect to the penalties, damages or charges referenced herein, reasonable attorneys’ fees, consultants’ fees, and expert witness fees are included in those costs that are recoverable by the city.

 

(b)  Notwithstanding the requirements noted in subsection (a) of this section, an indemnification provision will not be required in those instances where the city itself applies for and secures an eligible facility permit or conditional use permit for wireless telecommunications facilities.

 

 Source:  Ord. No. 5677, § 2, 08-17-2020;

 

Sec. 27-386.  Fines.

 

(a)   In the event of a violation of this article or any eligible facility permit or conditional use permit issued pursuant to this article, the city may impose and collect, and the holder of the permit for wireless telecommunications facilities shall pay to the city, fines or penalties as set forth in Sec. 27-11 or Sec. 27-56 of this Code, or any other applicable section of Code.

 

(b)  Failure of the holder of an eligible facility or conditional use permit to comply with provisions of this chapter shall constitute a violation of this chapter and shall subject the applicant to the code enforcement provisions and procedures as provided in this Code and Chapter 86 of Nebraska Revised Statutes.

 

(c)  Notwithstanding anything in this article, the holder of the eligible facility permit or conditional use permit for wireless telecommunications facilities may not use the payment of fines, liquidated damages or other penalties, to evade or avoid compliance with this article or any section of this article. An attempt to do so shall subject the holder of the permit to termination and revocation of the permit. The city may also seek injunctive relief to prevent the continued violation of this article, without limiting other remedies available to the city.

 

 Source:  Ord. No. 5677, § 2, 08-17-2020;

 

Sec. 27-387.  Default and/or revocation.

 

If a wireless telecommunications facility is repaired, rebuilt, placed, moved, re-located, modified or maintained in a way that is not in compliance with the provisions of this article or of the conditional use permit, then the city shall notify the holder of the conditional use permit in writing of such violation.  A permit holder in violation may be considered in default and subject to fines as provided in this code, and the conditional use permit is subject to revocation.

 

 Source:  Ord. No. 5677, § 2, 08-17-2020;

 

Sec. 27-388.  Removal of wireless telecommunications facilities.

 

(a)    Under the following circumstances, the city may determine that the health, safety, and welfare interests of the city warrant and require the removal of wireless telecommunications facilities:

     

(1)       Wireless telecommunications facilities with a permit have been abandoned (i.e. not used as wireless telecommunications facilities) for a period exceeding ninety consecutive (90) days or a total of one hundred-eighty (180) days in any three hundred-sixty five (365) day period, except for periods caused by force majeure or Acts of God, in which case, repair or removal shall commence within 90 days.

 

(2)       Permitted wireless telecommunications facilities fall into such a state of disrepair that it creates a health or safety hazard.

 

(3)       Wireless telecommunications facilities have been located, constructed, or modified without first obtaining, or in a manner not authorized by, the required eligible facility permit or conditional use permit, or any other necessary authorization, which may give cause for revocation of the permit.

 

 

(b)      If the city makes such a determination as noted in subsection (a) of this section, then the city shall notify the holder of the eligible facility permit or conditional use permit within forty-eight (48) hours that said wireless telecommunications facilities are to be removed, and the city may approve an interim temporary use agreement/permit, such as to enable the sale of the wireless telecommunications facilities.

 

(c)  The holder of the eligible facility permit or conditional use permit, or its successors or assigns, shall dismantle and remove such wireless telecommunications facilities, and all associated structures and facilities, from the site and restore the site to as close to its original condition as is possible, such restoration being limited only by physical or commercial impracticability, within ninety (90) days of receipt of written notice from the city.  However, if the owner of the property upon which the wireless telecommunications facilities are located wishes to retain any access roadway to the wireless telecommunications facilities, the owner may do so with the approval of the city.

 

(d)  If wireless telecommunications facilities are not removed or substantial progress has not been made to remove the same within ninety (90) days after the permit holder has received notice, then the city may order officials or representatives of the city to remove the wireless telecommunications facilities at the sole expense of the owner or permit holder.

 

(e)  If the city removes wireless telecommunications facilities, or causes the same to be removed, and the owner of the wireless telecommunications facilities does not claim and remove them from the site to a lawful location within ten (10) days, then the city may take steps to declare the wireless telecommunications facilities abandoned, and sell them and their components.

 

(f)  Notwithstanding anything in this section to the contrary, the city may approve a temporary agreement for the wireless telecommunications facilities, for no more ninety (90) days, during which time a suitable plan for removal, conversion, or re-location of the affected wireless telecommunications facilities shall be developed by the holder of the conditional use permit, subject to the approval of the city, and an agreement to such plan shall be executed by the holder of the conditional use permit and the city. If such a plan is not developed, approved and executed within the ninety (90) day time period, then the city may take possession of and dispose of the affected wireless telecommunications facilities in the manner provided in this section.

 

Source:  Ord. No. 5677, § 2, 08-17-2020

 

Sec. 27-389.  Relief.

 

Any applicant desiring relief, waiver or exemption from any aspect or requirement of this article may request such, provided that the relief or exemption is contained in the submitted application for either an eligible facility permit or conditional use permit, or in the case of an existing or previously granted permit a request for modification of its tower and/or facilities. Such relief may be temporary or permanent, partial or complete. However, the burden of proving the need for the requested relief, waiver or exemption is solely on the applicant to prove. The applicant shall bear all costs of the city in considering the request and the relief, waiver or exemption.  No such relief or exemption shall be approved unless the applicant demonstrates by clear and convincing evidence that, if granted the relief, waiver or exemption, it will have no significant effect on the health, safety and welfare of the city, its residents and other service providers.

 

 Source:  Ord. No. 5677, § 2, 08-17-2020;

 

Sec. 27-390.  Adherence to state and/or federal rules and regulations.

 

(a)   To the extent that the holder of an eligible facility permit or conditional use permit for wireless telecommunications facilities has not received relief, or is otherwise exempt, from appropriate state and/or federal agency rules or regulations, then the holder of such a permit shall adhere to, and comply with, all applicable rules, regulations, standards, and provisions of any state or federal agency, including, but not limited to, the FAA and the FCC. Specifically included in this requirement are any rules and regulations regarding height, lighting, security, electrical and RF emission standards.

 

(b)  To the extent that applicable rules, regulations, standards, and provisions of any state or federal agency, including but not limited to, the FAA and the FCC, and specifically including any rules and regulations regarding height, lighting, and security are changed and/or are modified during the duration of an eligible facility permit or a conditional use permit for wireless telecommunications facilities, then the holder of such a permit shall conform the permitted wireless telecommunications facilities to the applicable changed and/or modified rule, regulation, standard, or provision within a maximum of twenty-four (24) months of the effective date of the applicable changed and/or modified rule, regulation, standard, or provision, or as soon as may be required by the issuing entity.

 

Source:  Ord. No. 5677, § 2, 08-17-2020;

 

Sec. 27-391.  Conflict with other laws.

 

Where this article differs or conflicts with other laws, rules and regulations, unless the right to do so is preempted or prohibited by the city, state or federal government, this article shall apply.

 

Source:  Ord. No. 5677, § 2, 08-17-2020;

 

Secs. 27-392--27-400.  Reserved.

 

ARTICLE XIV. SEXUALLY ORIENTED BUSINESSES

Sec. 27-401.  Sexually oriented businesses, purpose and findings.

 

It is the purpose of this article to regulate sexually oriented businesses to promote the health, safety, morals and general welfare of the citizens of the city, and to establish reasonable and uniform regulations to prevent the concentration of sexually oriented businesses within the city’s jurisdiction. The provisions of this article have neither the purpose nor effect of imposing a limitation of restriction on the content of any communicative materials, including sexually oriented materials. Similarly, it is neither the intent nor effect of this article to restrict or deny access by adults to sexually oriented materials protected by the First Amendment, or to deny access by the distributors and exhibitors of sexually oriented entertainment to their intended market.

 

Source:  Ord. No. 5727, § 5, 04-19-2021;

 

Sec. 27-402.  Definitions.

 

Words, terms and phrases in this article shall be defined as follows:

 

Adult arcade means any place to which the public is permitted or invited wherein coin-operated or slug-operated or electronically, electrically, or mechanically controlled still or motion picture machines, projectors, videos, or other image-producing devices are maintained to show images to five or fewer persons per machine at any one time, and where the images so displayed are distinguished or characterized by the depicting or describing of "specified sexual activities" or "specified anatomical areas."

 

Adult bookstore, adult video store or adult novelty store (“adult store”) means a commercial establishment which has a substantial portion of its stock-in-trade, or derives a substantial portion of its revenues or devotes a substantial portion of its interior business or advertising, or maintains a substantial section of its sales or display space for sale or rental, for any form of consideration, any one or more of the following:

 

(a)        Books, magazines, periodicals or other printed matter, or photographs, films, motion pictures, video cassettes, video reproductions, slides, laser or compact discs, or other visual representations which are characterized by their emphasis upon the exhibition or display of "specified sexual activities" or "specified anatomical areas," or

 

(b)        Instruments, devices, “adult toys” or other paraphernalia which are designed for use or marketed primarily for use in connection with “specified sexual activities”, stimulation of human genital organs or sadomasochistic use or abuse of the user or others.

 

(c)        A commercial establishment may have other principal business purposes that do not involve the offering for sale or rental or material depicting or describing "specified sexual activities" or "specified anatomical areas" and still be categorized as an adult store. Such other business purposes will not serve to exempt such commercial establishment from being categorized as an adult store so long as one of its principal business purposes is the offering for sale or rental for consideration the specified materials which depict or describe "specified sexual activities" or "specified anatomical areas" or if the business advertises the sale or rental of any such material in a way that can be seen or heard from the outside of the location.

 

Adult cabaret means a nightclub, bar, restaurant, café, or similar commercial establishment that regularly, commonly, habitually, or consistently features:

 

(a)        Persons who appear in a state of nudity or semi-nudity; or

 

(b)        Live performances that are distinguished or characterized by the exposure of "specified anatomical areas" or by "specified sexual activities"; or

 

(c)        Films, motion pictures, video cassettes, slides, photographic reproductions, or other image producing devices that are distinguished or characterized by the depiction or description of "specified sexual activities" or "specified anatomical areas"; or

 

(d)        Persons who engage in "exotic" or erotic dancing or performances that are intended for the sexual interests or titillation of an audience or customers.

 

Adult motel means a hotel, motel or similar commercial establishment that does any of the following:

 

(a)        Offers accommodation to the public for any form of consideration and provides patrons with closed-circuit television transmissions, films, motion pictures, video cassettes, slides, or other photographic reproductions that are distinguished or characterized by the depiction or description of "specified sexual activities" or "specified anatomical areas;" and has a sign visible from the public right-of-way that advertises the availability of this adult type of photographic reproductions; or

 

(b)        Offers a sleeping room for rent for a period of time that is less than ten hours; or

 

(c)        Allows a tenant or occupant of a sleeping room to sub-rent the room for a period of time that is less than ten hours.

 

Adult motion picture theater means a commercial establishment where, for any form of consideration, films, motion pictures, video cassettes, slides, or similar photographic reproductions are regularly, commonly, habitually, or consistently shown that are distinguished or characterized by the depiction or description of "specified sexual activities" or "specified anatomical areas."

 

Adult store (see Adult bookstore, adult video store or adult novelty store)

 

Adult theater means a theater, concert hall, auditorium, or similar commercial establishment that regularly, commonly, habitually, or consistently features persons who appear, in person, in a state of nudity and/or semi-nudity, and/or live performances that are distinguished or characterized by the exposure of "specified anatomical areas" or by "specified sexual activities."

 

Distinguished or characterized by an emphasis upon means the dominant or principal theme of the object referenced. For instance, when the phrase refers to films "which are distinguished or characterized by an emphasis upon the exhibition or display of specified sexual activities or specified anatomical areas," the films so described are those whose dominant or principal character and theme are the exhibition or display of "specified anatomical areas" or "specified sexual activities."

 

Employee, employer, employment describes and pertains to any person who performs any service on the premises of a sexually oriented business on a full-time, part-time, contract basis, or independent basis, whether or not the person is denominated an employee, independent contractor, agent, or otherwise, and whether or not the said person is paid a salary, wage, or other compensation by the operator of said business. "Employee" does not include a person exclusively on the premises for repair or maintenance of the premises or equipment on the premises, or for the delivery of goods to the premises, nor does "employee" include a person exclusively on the premises as a patron or customer.

 

Escort means a person who, for consideration, agrees or offers to act as a companion, guide, or date for another person, or who agrees or offers to privately model lingerie or to privately perform a striptease for another person.

 

Escort agency means a person or business association who furnishes, offers to furnish, or advertises to furnish escorts as one of its primary business purposes for a fee, tip, or other consideration.

 

Establishment means and includes any of the following:

 

(a)        The opening or commencement of any sexually oriented business as a new business;

 

(b)        The conversion of an existing business, whether or not a sexually oriented business, to any sexually oriented business;

 

(c)        The additions of any sexually oriented business to any other existing sexually oriented business; or

 

(d)        The relocation of any sexually oriented business; or

 

(e)        A sexually oriented business or premises on which the sexually oriented business is located.

 

Expiration date shall mean 11:59 p.m. on the day prior to the one (1) year anniversary of the date the registration was issued.

 

Live theatrical performance means a play, skit, opera, ballet, concert, comedy, or musical drama.

 

Nude model studio means any place where a person who appears in a state of nudity or displays "specified anatomical areas” is provided to be observed, sketched, drawn, painted, sculptured, photographed, or similarly depicted by other persons for consideration. Nude model studio shall not include a proprietary school licensed by the State of Nebraska; a college, junior college or university supported entirely or in part by public taxation; a private college or university which maintains and operates educational programs in which credits are transferable to a college, junior college or university supported entirely or partly by taxation; or an art studio or organization that is widely accepted and acknowledged by the community as such.

 

Nude, nudity or state of nudity means the showing or depiction of the human post-pubertal male or female genitals, pubic area or buttocks with less than a full opaque covering, the showing or depiction of covered male genitals in a discernibly erect state, or the showing or depiction of the female breast with less than a full opaque covering of any portion thereof below the top of the areola of the nipple.

 

Operate or cause to be operated means to cause to function or to put or keep in a state of doing business. Operator means any person on the premises of a sexually oriented business who is authorized to exercise operational control of the business, or who causes to function or who puts or keeps in operation, the business. A person may be found to be operating or causing to be operated a sexually oriented business regardless of whether that person is an owner, part owner, or registrant of the business.

 

Person means an individual, proprietorship, partnership, limited liability company or partnership, corporation, association, or other legal entity.

 

Premises means all lands, structures, lodges, stores, offices, sales rooms, warehouses and the equipment and appurtenances connected or used therewith in any business, and also any personal property which is either affixed to or is otherwise used in connection with any such business within the city’s jurisdiction which is owned, leased or occupied by the business.

 

Principal business purpose (factors determining) means a primary factor which shall be considered in determining the “principal business purpose” and that factor shall be whether the business publicly advertises such material either through media or signs located on the exterior of its premises or signs located inside the business that can be seen from the exterior. Additional factors which may be considered are the gross income generated by adult materials compared to over-all gross income, and the amount of floor space, both retail and storage, devoted to adult materials.

 

Registrant means any person in whose name a registration has been issued, as well as the individual listed as an applicant on the application for a registration; and in the case of a manager, a person in whose name a registration had been issued authorizing employment as a manager in a sexually oriented business.

 

Regularly features or regularly shown means at least 25 percent of the gross floor space or retail floor space are devoted to the purpose, or at least 25 percent of the annual gross sales of the business are derived from that purpose.

 

Semi-nude or semi-nudity means the appearance of the female breast below a horizontal line across the top of the areola at its highest point or the showing of the male or female buttocks. This definition shall include the entire lower portion of the human female breast, but shall not include any portion of the cleavage of the human female breast exhibited by a dress, blouse, skirt, leotard, bathing suit, or other wearing apparel provided the areola is not exposed in whole or in part.

 

Sexual encounter center means a business or commercial enterprise that offers for any form of consideration:

 

(a)        Physical contact in the form of wrestling or tumbling between persons of the opposite sex or persons of the same sex that is not sanctioned by a nationally recognized body of sport; or

 

(b)        Activities between persons of the opposite sex and/or persons of the same sex when one or more of the persons is in a state of nudity or semi-nudity.

 

Sexually oriented business means any business enterprise that:

 

(a)        Regularly features or regularly shows the sale, display or rental of goods that are designed for use in connection with "specified sexual activities," or that emphasizes matters depicting, describing or relating to "specified sexual activities" or "specified anatomical areas"; or

 

(b)        Regularly features or regularly shows entertainment where the emphasis is on performances, live or otherwise, that depict, portray, exhibit or display "specified anatomical areas" or "specified sexual activities"; or regularly features services that provide "specified sexual activities" or "specified anatomical areas" ancillary to other pursuits, or allow participation in "specified sexual activities” ancillary to other pursuits,

 

Specified anatomical areas means:

 

(a)        The human male genitals in a discernibly erect state, even if fully and opaquely covered;

 

(b)        Less than completely and opaquely covered human genitals, pubic region, buttocks, or a female breast below a point immediately above the top of the areola.

 

Specified criminal activity means any of the following offenses:

 

(a)        Prostitution or promotion/solicitation of prostitution; dissemination of obscenity; sale, distribution, or display of harmful material to a minor; sexual performance by a child; possession or distribution of child pornography; public lewdness; indecent exposure; indecency with a child; sexual assault; molestation of a child; human sex trafficking; sexual abuse of a minor; incest; bestiality; or any similar sex-related offenses to those described above under the criminal or penal code of this state, other states, or other countries.

 

(b)        The fact that a conviction is being appealed shall have no effect on the disqualification of the applicant.

 

Specified sexual activities means and includes any of the following:

 

(a)        The fondling or other erotic touching of human genitals, pubic region, buttocks, anus, or female breasts, whether covered or uncovered;

 

(b)        Sex acts, normal or perverted, actual or simulated, including intercourse, oral copulation, bestiality or sodomy;

 

(c)        Masturbation, actual or simulated; or

 

(d)        Excretory functions as part of or in connection with any of the activities set forth in (a) through (c) above.

 

Substantial enlargement of a sexually oriented business means the increase in gross floor areas occupied by the business by more than 25 percent on the date this article takes effect or on the date of the issuance of a sexually oriented business registration.

 

Transfer of ownership or control of a sexually oriented business means and includes any of the following:

 

(a)        The sale, lease, or sublease of the business;

 

(b)        The transfer of securities which constitute a controlling interest in the business, whether by sale, exchange, or similar means; or

 

(c)        The establishment of a trust, gift, or other similar legal device that transfers the ownership or control of the business, except for transfer by bequest or other operation of law upon the death of the person possessing the ownership or control.

 

Source:  Ord. No. 5727, § 5, 04-19-2021;

 

Sec. 27-403.  Classification.

 

(a)    Sexually oriented businesses allowed in the City of Norfolk and its extraterritorial jurisdiction are classified as follows:

 

(1)  Adult bookstores, adult novelty stores, or adult video stores;

(2)  Adult cabarets;

(3)  Adult motion picture theaters;

(4)  Adult theaters;

 

(b)    Prohibited sexually oriented businesses in the City of Norfolk and its extraterritorial jurisdiction include but are not limited to:

 

(1)  Adult arcade;

(2)  Adult motel;

(3)  Nude model studio;

(4)  Sexual encounter center;

 

Source:  Ord. No. 5727, § 5, 04-19-2021;                                   

 

Sec. 27-404.  Registration required for sexually oriented business.

 

(a)  See Chapter 13, Article XVI for registration requirements for sexually oriented businesses.

 

Source:  Ord. No. 5727, § 5, 04-19-2021;

 

Sec. 27-405.  Location of sexually oriented business.

 

(a)    No sexually oriented business shall be established, operated or caused to be operated, in any zoning district other than a C-3 or I-1 district or as a conditional use in an I-2 zoning district, as defined in this Code.

 

(b)    No sexually oriented business shall be established, operated or caused to be operated, within 500 feet of:

 

(1)        A church or other building primarily used for religious services or associated church structure such as a parish or fellowship hall;

 

(2)        A property line of a lot devoted to a residential use, either single or multiple family;

 

(3)        A park or recreational trail;

 

(4)        A hospital;

 

(5)        Community recreation center;

 

(6)        Public library,

 

(7)        Facility for youth service such as youth center, boys or girls club, scout, 4-H or other youth program meeting building.

 

(c)    No sexually oriented business shall be established, operated or caused to be operated, within 1,000 feet of a daycare facility or a public or private educational facility including but not limited to nursery schools, preschools, elementary schools, middle schools, high schools, special education schools and community colleges. School includes the school grounds and playgrounds.

 

(d)    For the purposes of Section 27-405(b) and (c), measurement shall be made in a straight line, without regard to intervening structures or objects, from the nearest portion of the building or structure used as a part of the premises where a sexually oriented business is conducted, to the nearest property line of the premises of a use listed in Section 27-405(b) and (c).  The presence of any political subdivision boundary shall be irrelevant for purposes of calculating and applying the distance requirements of this section.

 

Source:  Ord. No. 5727, § 5, 04-19-2021;                                   

 

Sec. 27-406.  Nonconforming uses.

 

(a)    Any sexually oriented business lawfully operating on the effective date of this article that is in violation of this article shall be deemed a nonconforming use. The nonconforming use will be permitted to continue unless sooner terminated for any reason or voluntarily discontinued for a period of 30 calendar days or more. Such nonconforming uses shall not be increased, enlarged, extended or altered except that the use may be changed to a conforming use upon application and issuance of a registration. Such nonconforming use shall not be made to conform to the location and operational standards unless said use is in violation of Chapter 13, Article XVI of this Code.

 

(b)    A sexually oriented business lawfully operating as a conforming use is not rendered a nonconforming use by the establishment of a Section 27-405(b) or 27-405(c) use, subsequent to the grant of the sexually oriented business registration, within 500 feet or 1,000 feet, respectively, of the sexually oriented business. This provision applies only to the renewal of a valid registration, and does not apply when an application for a registration is submitted after a registration has expired, has not been continuously in effect, or has been revoked.

 

Source:  Ord. No. 5727, § 5, 04-19-2021;

 

Sec. 27-407.  Additional regulations concerning public nudity.

 

(a)    It shall be an offense for a person who, with knowledge and intent, appears in person in a state of nudity in a sexually oriented business. It is a defense to prosecution under this subsection if the person was in a restroom not open to the public view or visible by any other person, or if the person was an employee in a dressing room not open to the public or within the public view.

 

(b)    It shall be an offense for a person who, with knowledge and intent, appears in person in a semi-nude condition on the sexually oriented business premises, unless the person is an employee who, while semi-nude, is at least four feet from any patron or customer and on a stage at least two feet above the floor level of the audience.

 

(c)    It shall be an offense for an employee, while semi-nude on the sexually oriented business premises, to solicit any pay or gratuity from any patron or customer, or for any patron or customer to pay or give any gratuity to any employee, while said employee is semi-nude.

 

(d)    It shall be an offense for an employee, while semi-nude, to touch a patron or the clothing of a patron, or for a patron to touch a semi-nude employee or the clothing of a semi-nude employee, while said employee is on the premises of the sexually oriented business.

 

Source:  Ord. No. 5727, § 5, 04-19-2021;

 

Sec. 27-408.  Prohibition of children in a sexually oriented business.

 

No person under the age of 18 years shall be allowed on the premises of a sexually oriented business and it is the registrant's affirmative duty to enforce this minor age restriction through supervision and verification by identification.

 

Source:  Ord. No. 5727, § 5, 04-19-2021;

 

Sec. 27-409.  Hours of operation.

 

No sexually oriented business may remain open at any time between the hours of 2:00 a.m. and 6:00 a.m.

 

Source:  Ord. No. 5727, § 5, 04-19-2021;

 

Sec. 27-410.  Display of sexually oriented materials to minors.

 

(a)    No registrant or employee of a registrant shall permit a person under the age of 18 years of age to be present on its business premises, which age limitation will be enforced by age verification by said business. In addition to complying with all City of Norfolk sign regulations, a sexually oriented business shall display a sign, clearly visible and legible at the entrance to the business, that gives notice of the adult nature of the sexually oriented business and of the fact that the premises is off limits to those under the age of 18 years.

 

(b)    No sexually oriented business shall display posters, signs, depictions or other visual representation on outside walls or any inside or outside window which depict any of the following:

 

(1)        Human sexual intercourse, masturbation or sodomy;

 

(2)        Fondling or other erotic touching of human genitals, buttocks, or female breasts;

 

(3)        Less than completely and opaquely covered human genitals, buttocks, or that portion of the female breast below the top of the areola of the nipple; or

 

(4)        Human male genitals in a discernibly erect state, whether covered or uncovered.

 

(c)    Signs for a sexually oriented business shall have a professional appearance and comply with the provisions of Chapter 27, Article XI of this Code.

 

(d)    The windows and doors of a sexually oriented business will be tinted to the extent that there is no view of the interior from the exterior of the business.

 

(e)    "Display" means to locate an item in such a manner that, without obtaining assistance from an employee of the business establishment:

 

(1)        It is available to the general public for handling and inspection; or

 

(2)        The cover or outside packaging on the item is visible to members of the general public.

 

Source:  Ord. No. 5727, § 5, 04-19-2021;                                   

 

Sec. 27-411.  Enforcement and penalties.

 

Any person who violates any of the prohibitions or provisions of any section of this article shall be deemed guilty of an offense. Each and every day such violation continues after notice of violation is given to the offender or offenders shall be considered a separate offense.

 

Source:  Ord. No. 5727, § 5, 04-19-2021;

 

ARTICLE XV. LAND USE MATRIX

Sec. 27-601.  Land use matrix.

 

  

The public information contained herein is furnished as a public service by the City of Norfolk. The official record is maintained by the City Clerk's Office as required by Neb. Rev. Stat. § 16-317. A printed version of the Norfolk Municipal Code is available at the City Clerk's Office and the Norfolk Public Library.

 

The City Clerk's Office may be contacted at (402) 844-2000 or by email bduerst@norfolkne.gov 

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