Chapter 27

ZONING: ARTICLES VII - XV

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. 27-601: 

(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)       Accessory dwelling units, as per Sec. 27-287 (b).

(5)       Religious assemblies.

(6)        Community buildings, museums, and libraries.

(7)       Philanthropic institutions or other public institutions.

(8)       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.

(9)       Schools and private schools. 

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

(11)       Cemeteries and mortuaries.

(12)     Home occupations.

(13)     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.

(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, § 1, 8-18-03; Ord. No. 5444, § 4, 12-19-16; Ord. No. 5521, § 2, 2-20-18; Ord. No. 5799, § 2, 9-6-22;

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

In District A, the following conditional uses, as well as those provided for in Sec. 27-601, 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.

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; Ord. No. 5799, § 2, 9-6-22;

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:

(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 within one-half of the extraterritorial jurisdiction boundary.  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; Ord. No. 5799, § 3, 9-6-22;

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. 27-601: 

(1)       Crop product.

(2)       Single-family residential.

(3)       Manufactured home dwellings.

(4)       Accessory dwelling units, as per Sec. 27-287 (b).

(5)       Religious assemblies.

(6)        Community buildings, museums, and libraries.

(7)       Philanthropic institutions or other public institutions.

(8)       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.

(9)       Schools and private schools. 

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

(11)       Cemeteries and mortuaries.

(12)     Home occupations.

(13)     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.

(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, § 2, 8-18-03; Ord. No. 5444, § 5, 12-19-16; Ord. No. 5799, § 3, 9-6-22;

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

In District R-R, the following conditional uses, as well as those provided for in Sec. 27-601, 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.

Source:  Ord. No. 4603, § 1, 9-16-02; Ord. No. 5145, § 3, 12-20-10; Ord. No. 5799, § 3, 9-6-22;

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:

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.  Existing S-R district zoning will remain and comply with the below standards, but no property shall be newly zoned S-R following September 6, 2022. 

Source:  Ord. No. 4603, § 1, 9-16-02; Ord. No. 5444, § 6, 12-19-16; Ord. No. 5799, § 4, 9-6-22;

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. 27-601:

(1)       Single-family residential (detached).

(2)       Manufactured home dwellings.

(3)       Accessory dwelling units, as per Sec. 27-287(b).

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

(5)       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.

(6)       Schools and private schools.

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

(8)       Home occupations.

(9)       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.

(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, § 3, 8-18-03; Ord. No. 5799, § 4, 9-6-22;

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

In District S-R, the following conditional uses, as well as those provided for in Sec. 27-601, 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.

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; Ord. No. 5799, § 4, 9-6-22;

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:

(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, ONE AND TWO FAMILY RESIDENTIAL DISTRICT

Sec. 27-91.  Intent - District R-1.

The One and Two Family Residential District (R-1) is intended for both developed and developing portions of the city.  This district is typically for single-family residences and two-family residences that have a similar form and mass to the 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; Ord. No. 5857, § 1, 11-20-23;

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. 27-601:

(1)       Single-family residential (detached).

(2)       Single-family residential (attached), up to 2 units.

(3)       Duplex residential.

(4)       Manufactured home dwellings.

(5)       Accessory dwelling units, as per Sec. 27-287(b).

(6)       Religious assemblies.

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

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

(9)       Schools and private schools.

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

(11)     Home occupations. 

(12)      Accessory buildings with a combined floor area less than the greater of 8% of the total lot area or 864 square feet per lot or four hundred (400) square feet per dwelling unit, whichever is greater, provided that the total square footage of all accessory buildings on a single lot shall not  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.

(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, § 4, 8-18-03; Ord. No. 5444, § 8, 12-19-16; Ord. No. 5799, § 5, 9-6-22; Ord. No. 5857, § 1, 11-20-23;

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

In District R-1, the following conditional uses, as well as those provided for in Sec. 27-601, 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; Ord. No. 5857, § 1, 11-20-23;

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:

(b)  Where a lot in separate ownership as of November 20, 2023 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.

(e)  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.

(f)  A party wall agreement shall be recorded in the office of the Register of Deeds prior to issuance of a certificate of occupancy for any attached unit building and when a zero lot line is utilized for single-family detached.  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.

(g)  The scale, mass and form of the attached unit buildings shall be compatible, comparable, and designed to be similar to the single-family residences, so that the buildings are architecturally harmonious with the surrounding residential area.

Source:  Ord. No. 4392, § 1, 2-1-99; Ord. No. 4603, § 1, 9-16-02; Ord. No. 5413, § 4, 7-5-16; Ord. No. 5857, § 1, 11-20-23;

Secs. 27-95--27-100.  Reserved.

DIVISION 6.  DISTRICT R-2, ONE TO FOUR FAMILY RESIDENTIAL DISTRICT

Sec. 27-101.  Intent - District R-2.

The One to Four Family Residential District (R-2) is intended as a moderate density, residential district.  It is intended for developing and developed portions of the city and 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; Ord. No. 5857, § 2, 11-20-23;

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. 27-601: 

(1)       Single-family residential (detached).

(2)       Single-family residential (attached), up to 2 units.

(3)       Duplex residential.

(4)       Townhouse residential, up to 4 units.

(5)       Manufactured home dwellings.

(6)       Accessory dwelling units, as per Sec. 27-287(b).

(7)       Religious assemblies.

(8)        Community buildings, museums and libraries.

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

(10)     Schools and private schools.

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

(12)     Home occupations.

(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, § 5, 8-18-03; Ord. No. 5444, § 9, 12-19-16; Ord. No. 5799, § 6, 9-6-22; Ord. No. 5857, § 2, 11-20-23;

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

In District R-2, the following conditional uses, as well as those provided for in Sec. 27-601, 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.

Source:  Ord. No. 4603, § 1, 9-16-02; Ord. No. 5857, § 2, 11-20-23;

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:

(b)   Where a lot in separate ownership as of November 20, 2023 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.

(e)  A party wall agreement shall be recorded in the office of the Register of Deeds prior to issuance of a certificate of occupancy for any attached unit building and when a zero lot line is utilized for single-family detached.  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.

(f)   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 lot or four hundred (400) square feet per dwelling unit, whichever is greater.

(g)  The scale, mass and form of the attached unit buildings shall be compatible, comparable and designed to be similar to the single-family residences, so that the buildings are architecturally harmonious with the surrounding residential area.

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; Ord. No. 5857, § 2, 11-20-23;

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. 27-601:

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

(2)       Manufactured homes.

(3)       Duplex residential.

(4)       Townhouse residential.

(5)       Multiple-family residential.

(6)       Accessory dwelling units, as per Sec. 27-287(b).

(7)       Group residential.

(8)       Boarding and lodging houses.

(9)       Fraternity or sorority houses and dormitories.   

(10)     Religious assemblies.

(11)     Community buildings, museums and libraries.

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

(13)     Schools and private schools.

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

(15)     Home occupations.

(16)     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; Ord. No. 5799, § 7, 9-6-22;

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:

(b)   Where a lot in separate ownership as of November 20, 2023 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.

(e)   A party wall agreement shall be recorded in the office of the Register of Deeds prior to issuance of a certificate of occupancy for any single-family attached, duplex and townhouse unit building, and when a zero lot line is utilized for single-family detached.  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.

(f)   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 lot or four hundred (400) square feet per dwelling unit, whichever is greater.

(g)   The scale, mass and form of the 2-4 dwelling units attached unit buildings shall be compatible, comparable and designed to be similar to the single-family residences, so that the buildings are architecturally harmonious with the surrounding residential area.

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; Ord. No. 5857, § 3, 11-20-23;

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:

(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

DIVISION 8.5.  DISTRICT R-T, TINY HOUSE DISTRICT

Sec. 27-126.  Intent - Tiny House District.

The Tiny House District (R-T) is intended to recognize that tiny house development, properly planned, can provide important opportunities for affordable housing.  It provides opportunities for tiny house development within planned parks or subdivisions, along with the supporting services necessary to create quality residential neighborhoods. 

Source:  Ord. No. 5799, § 8, 9-6-22

Sec. 27-127.  Permitted uses - District R-T.

In District R-T, 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. 27-601:

(1)        The minimum area of any R-T District is one acre. 

(2)        Tiny house park; subject to Sec. 27-129.

(3)        Tiny house subdivision; subject to Sec. 27-130.

(4)        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.

(5)        Religious assemblies.

(6)        Community buildings and libraries.

(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 tiny house 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. 5799, § 8, 9-6-22;

Sec. 27-128.  Height and area regulations - District R-T.

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

(b)  Each tiny house shall have a minimum width of eight (8) feet and the maximum size, total of all floors and lofts, of a dwelling shall be six hundred and forty-nine (649) square feet of living floor area.

(c)  Building materials. Tiny houses can be constructed from any material, including metal if a material of non-exposed fastener seamless metal, provided that the construction meets the currently adopted and amended International Residential Code standards and has the finished appearance of a residence.

(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 two hundred and forty (240) square feet per dwelling unit.

(e) Building Construction. Tiny houses shall be constructed using the currently adopted and amended standard International Residential Code or the International Residential Code Appendix Q, whichever is applicable per the square footage of the building.

Source:  Ord. No. 5799, § 8, 9-6-22;

Sec. 27-129.  Tiny house park development standards.

Minimum design standards for tiny house 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)       Tiny house parks hereafter approved shall have a maximum density of twenty-five (25) tiny houses per gross acre.

(3)       Minimum park area:  One (1) acre.

(4)       Minimum park width:  One hundred and fifty (150) feet.

(5)       All tiny houses 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.         Tiny house to community building:  Fifteen (15) feet. 

e.         Tiny house to accessory building:  Five (5) feet.

(6)       All tiny houses shall be placed upon a permanent continuous perimeter foundation in conformity with city building codes.

(7)       All tiny houses shall meet or exceed the applicable portions of the minimum specifications of the applicable portions of city building codes.

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

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

(10)       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-one (31) feet back-to-back 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 twenty-seven (27) feet exclusive of curbs.

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

(12)      All roadways and sidewalks within the tiny house 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 tiny house on said street.

(13)      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 five (5) feet in width.

(14)      An office shall be provided for conducting business pertaining to the tiny house park.  Said office may be located in a tiny house residence.

(15)      All tiny house parks shall be developed pursuant to a plan which plan shall be subject to the following: 

a.         An applicant for a tiny house park shall prepare or cause to be prepared a preliminary tiny house 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 tiny house 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 final plan shall constitute a violation of the project.  The owner of a tiny house 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 moving forward with the project and receiving any new certificates of occupancy. 

Source:  Ord. No. 5799, § 8, 9-6-22

Sec. 27-130.  Tiny house subdivision development standards.

(a)  All tiny houses shall be placed upon a permanent continuous perimeter foundation in conformity with city building codes.

(b)  All tiny houses shall meet or exceed the applicable portions of the minimum specifications of the applicable portions of city building codes.

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

(d)  A tract proposed for a tiny house subdivision shall not contain less than one (1) acre and shall be platted in accordance with subdivision regulations as set forth in Chapter 23 of this Code.

(e)  Tiny house subdivision hereafter approved shall have a maximum density of twenty-five (25) tiny houses per gross acre.

(f)  All tiny house lots shall front on a public right-of-way.

(g)  Tiny houses may be offered for sale in the tiny house subdivision by lot owners only. 

Source:  Ord. No. 5799, § 8, 9-6-22

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. 27-601:

(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)       Accessory dwelling units, as per Sec. 27-287(b).

(8)       Group Residential

(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, § 8, 8-18-03; Ord. No. 5444, § 12, 12-19-16; Ord. No. 5799, § 9, 9-6-22;

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:

(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: 

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:

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:

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:

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:

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.

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:

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:

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:

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

DIVISION 7.  HIGHWAY CORRIDOR OVERLAY DISTRICT

Sec. 27-280.21.  Intent - Highway Corridor Overlay.

The Highway Corridor (H-C) Overlay District is intended to provide for cohesive and properly developed corridors and entrances into Norfolk along Highways 275 and 81. Guiding development in this manner promotes the general health, safety and welfare of the community by providing quality design and construction which will also aid in the protection of the past and future investment in the corridors. The corridor overlay promotes safe and efficient movement within the district for persons using all modes of travel; creates a sense of place that is aesthetically appealing and environmentally responsible; encourages innovative development projects that set standards for landscaping, community design and aesthetics; and establishes consistent and harmonious design standards for public improvements and private property development so as to unify the distinctive visual quality of the Highway Corridors.

The criteria contained herein are not intended to restrict imagination, innovation or variety, but rather to assist in focusing on uses and design principles that can result in creative solutions that will develop a satisfactory visual appearance within the city, preserve taxable values, and promote the public health, safety and welfare.

Source:  Ord. No. 5774, § 1, 06-21-2022;

Sec. 27-280.22.  Highway Corridor Overlay District Boundary.

The boundary of the Highway Corridor Overlay District is comprised of the property generally described as follows:

An area along Highways 275 and 81 within city limits and within the extraterritorial jurisdiction, and as delineated on the official Highway Corridor Overlay District Map of the City as approved by ordinance.  The Highway Corridor Overlay District extends generally 330 feet (1/16 mile) to 2640 feet (1/2 mile) from the right-of-way line on either side of Highways 275 and 81. If a site property is partially covered by said overlay district, then the entire portion of the site or property facing the Corridor is to be covered by these regulations.

Source:  Ord. No. 5774, § 1, 06-21-2022;

Sec. 27-280.23.  Application and underlying zoning.

(a)  Application. This Overlay District is supplemental to the underlying zoning district classifications established in this Code governing all properties and approvals within this Overlay District. The provisions of this Division shall be overlaid upon and shall be imposed in addition to said underlying zoning regulations and other city ordinances.

(b)  Relationship to standards of the underlying zoning district and subdivision regulations. In any case where the standards and requirements of the H-C district conflict with those of the underlying zoning district or subdivision regulations, the standards and requirements of the H-C district shall govern.

Source:  Ord. No. 5774, § 1, 06-21-2022;

Sec. 27-280.24.  Applicability and exemptions.

(a)  All developments consisting of one principal building with a single or mixed use shall comply with the design criteria of this Division.

(b)  Exemptions:

(1)               Farm buildings.

(2)               Single-family dwellings.

(3)               Planned developments that were approved by the city council prior to the enactment of this Division on June 21, 2022.

(4)               Completion of work subject to construction plans, building permits or interior finish permits approved prior to the enactment of this Division on June 21, 2022.

(5)               Reconstruction or replacement of a lawfully existing, prior to enactment of this Division, use or structure following a casualty loss.

(6)               Remodeling, rehabilitation, or improvements to existing uses or structures which do not substantially change the location of structures, parking, or other site improvements.

(7)               Reconstructions, replacements, additions or enlargements of existing uses or structures which change or increase floor area or impervious coverage area by less than 50 percent.  Where such reconstructions, replacements, additions or enlargements are 50 percent or greater, these provisions shall apply only to that portion where the new development occurs.

(8)               Interior renovations or interior finished within an existing structure.

Source:  Ord. No. 5774, § 1, 06-21-2022;

Sec. 27-280.25.  Non-residential property uses.

(a)    Prohibited uses:

(1)       Sexually oriented businesses.

(2)       Junkyards/salvage yards.

(b)  Conditional uses. The following uses are allowed in the Highway Corridor Overlay District only if such uses are permitted in the underlying zoning district and the planning commission or city council grants a conditional use permit for such use pursuant to the procedures of Chapter 27 of this Code:

(1)   Storage and warehousing of non-hazardous and/or hazardous products.

(2)   Vehicle, trailer, camper, recreational vehicle sales lots, new or used.

(3)   Automobile repair and maintenance.

(4)   Farming and construction equipment sales, new and used, and rentals.

(5)   Commercial outdoor recreation.

(6)   Car wash.

(7)   Outdoor storage (as defined in Sec. 27-2).

Source:  Ord. No. 5774, § 1, 06-21-2022;

Sec. 27-280.26.  Criteria for application.

(a)  Process.

(1)       Pre-application conference. A pre-application conference with city staff is required to give the applicant an opportunity to discuss plans before substantial time and/or money is expended. Site plan information shall be submitted to the city at least 14 business days prior to the pre-application conference.

(2)       A subdivision plat, zoning change and/or conditional use permit, if necessary, shall be requested pursuant to the provisions of this Code.

(3)       Application for design review. The applicant shall fill out the application and submit it along with the required documents.

(4)       Design review. City staff (or Design Review Board) will review the submittal documents for compliance with regulations and intent of the overlay district.

(5)       Approval. Upon a successful review, the city will issue the decision in written form and a copy thereof shall be included with the building permit documents in order to receive a building permit.

(6)       Certificate of occupancy permit. After the building permit is issued, all design requirements must be completed as approved in order for a Certificate of Occupancy to be issued.

(7)       Maintenance of design requirements. The property owner is required to maintain the design requirements of the project. Neglect in maintaining the structure’s appearance, landscaping, lighting and other design requirements may result in the revocation of the Occupancy Permit.

(b)    Factors for evaluation:

(1)        Conformance of regulations and the criteria provided for in Sec. 27-280.27.

(2)        Logic of design.

(3)        Exterior space utilization.

(4)        Architectural character.

(5)        Attractiveness of material selection.

(6)        Harmony and compatibility.

(7)        Circulation – vehicular and pedestrian.

(8)        Maintenance aspects.

(9)        Protection of natural features, resources, historical and cultural aspects and sensitive areas.

Source:  Ord. No. 5774, § 1, 06-21-2022;

Sec. 27-280.27.  Criteria for appearance.

(a)  Relationship of buildings to site.  The site shall be planned to accomplish a desirable transition with the streetscape and to provide for adequate planting, safe pedestrian movement (if applicable) and parking areas.

(1)       Site planning in which setbacks and yards are in excess of standard zoning restrictions is encouraged to provide an interesting relationship between buildings.

(2)       Parking areas shall be treated with decorative elements, building wall extensions, plantings, berms, or other innovative means so as to screen parking areas from view from public ways.

(3)       Without restricting the permissible limits of the applicable zoning district, the height and scale of each building shall be compatible with its site and existing (or anticipated) adjoining buildings.

(4)       Newly installed utility services and service revisions necessitated by exterior alterations shall be underground ,when feasible.

(5)       Refuse and waste removal areas, service yards, storage yards, loading area, and exterior work areas shall be oriented to the rear of the building away from public right-of-way or properly and permanently screened from view from public ways and from residential zoned properties using materials and berming as hereinafter provided.

(b)  Relationship of buildings and site to adjoining area (outside of subdivision or developments).

(1)       Adjacent buildings of different architectural styles shall be made compatible by such means as screens, sight breaks and materials.

(2)       Attractive landscape transitions shall be designed to be compatible to adjoining properties, particularly residential zoned properties.

(3)       Harmony in texture, lines, and masses is required. Monotony shall be avoided.

(c)  Landscape and site treatment.  Landscape elements included in these criteria consist of all forms of planting and vegetation, ground forms, rock groupings, water patterns, fencing and all visible construction except buildings and utilitarian structures. Upon installation of required landscape material, each owner shall take actions to ensure continued health and maintenance of such. Required landscaping that does not remain healthy shall be replaced consistent with these regulations.

(1)       Where natural or existing topographic patterns contribute to beauty and utility of a development, they shall be preserved and developed. Modification to topography will be permitted where it contributes to good site design and development.

(2)       Grades of walks, parking spaces, terraces and other paved areas shall provide an inviting and stable appearance for walking and, if seating is provided, for sitting.

(3)       Landscape treatments shall be provided to enhance architectural features, strengthen vistas and important axes, and provide shade. Spectacular effects shall be reserved for special locations only.

(4)       Unity of design shall be achieved by repetition, while still allowing and encouraging diversity of certain plant varieties and other materials, and by correlation with adjacent developments.

(5)       Plant material shall be selected for interest in its structure, texture, and color and for its ultimate growth. Plants that are indigenous to the areas or others that will be hardy, harmonious to the design, and of good appearance shall be used.

(6)       Street frontage. Along each street frontage there shall be a ten (10) foot wide landscape strip, or width required per Sec. 27-305, whichever is greater, continuous along the frontage except for perpendicular crossways for driveways and utilities. The landscape strip shall be planted with shade trees (2” caliper at time of planting, and not less than 35’ height at maturity) planted not less than fifty (50) feet on center, and shrubbery forming an intermittent hedge not less than three (3) feet in height designed to provide an adequate screen. The zoning official may have the authority to approve alternative methods for landscaping and screening parking lots that includes at least the same amount of landscape material or screening effects when viewed from the street. Findings of fact as to demonstrable hardship by requiring the above regulation shall be submitted with the request for an alternative method.

(7)       Parking areas and traffic ways shall be hard surfaced and striped and shall be enhanced with landscaped spaces containing trees or tree groupings and shrubs to provide shade, direction, and aesthetics.

(8)       Parking areas for display of vehicles, trailers, campers, recreational vehicles, new or used, shall be paved and have the screening and buffering as described above in item (6).

(9)       Screening of service yards, outdoor storage areas and other places containing items such as mechanical equipment, trash dumpsters or other unsightly items shall be accomplished by use of walls, fencing, plantings or a combination thereof. Screening shall be equally effective in winter and summer months.

(10)     Exterior lighting, when used, shall enhance the building design and the adjoining landscape. Building fixtures shall be of a design and size compatible with the building and adjacent areas. Lighting shall be designed as to avoid intrusion and impacts on adjacent properties, especially residential areas, and away from adjacent thoroughfares.

(11)     All residential fencing within this Highway Corridor Overlay District shall not exceed six (6) feet in height, and perimeter fencing within the subdivision shall match in style and color. If multiple styles and colors exist prior to the adoption of these regulations, then any new fence shall be similar to that style and color most used.

(12)     Fencing used for screening within the Highway Corridor Overlay District and/or as part of a commercial or industrial development shall be required to be a solid fence. Chain link fences, with or without slats, shall not be used to satisfy this screening requirement. All industrial and commercial fencing shall follow the established fencing regulations of the zoning ordinance but shall not exceed eight (8) feet in height within the Highway Corridor Overlay District.

(13)     Whenever possible, all off street parking shall be to the rear of the building and have the screening and buffering as described above in item (6) for off street parking along street frontage and also the other lot lines.

(14)     All of the required landscaped areas must contain a minimum of seventy-five (75) percent living and irrigated landscaping material with a maximum of twenty-five (25) percent non-living landscaping material.

(15)     All plant materials shall be installed in the following minimum sizes:

a.  Deciduous shade trees – 2” caliper.

b.  Ornamental trees – 2” caliper.

c.  Evergreen trees – 5’ high.

 d.  All shrubs – 5 gallon container.

e.  Groundcover, annuals and perennials – 1 gallon container

(d)  Building design. 

(1)       Architectural design and style are not restricted; however architectural style should be consistent throughout the subdivision. Evaluation of the appearance of a project shall be based on the quality of its design and relationship to surroundings.

(2)       Buildings shall have good scale and be in harmonious conformance with permanent neighboring development. Buildings with multiple heights or section levels shall orient the shorter to the public right-of-way.

(3)       The primary building material of all portions of the structures shall be negotiated with the city; however, sample materials shall include, but not be limited to, preferred materials of high quality such as brick (clay), stucco, wood, glass, pre-cast concrete, split faces concrete masonry units (CMU) with integrated color pigmentation, and stone material native to Eastern Nebraska. The materials shall be similar and compatible throughout the entire development. Other primary building materials (of good architectural character i.e., standard CMU, pre-engineered metal building panels) will be allowed provided that a minimum of 30 percent of the street side façade(s) is of a preferred material. Changes in use from industrial to another use shall require preferred materials improvements to the building. Other secondary building materials shall have good architectural character and shall be selected for harmony of the building with adjoining buildings.

(4)       Materials shall be selected for suitability to the type of buildings and the design in which they are used. Buildings shall have the same materials, or those that are architecturally harmonious, used for all building walls and other exterior building components wholly or partly visible from public ways.

(5)       Materials shall be of durable quality.

(6)       In any design in which the structural frame is exposed to view, the structural materials shall be compatible within themselves and harmonious with their surroundings.

(7)       Building components, such as windows, doors, eaves, and parapets, shall have good proportions and relationships to one another.

(8)       Colors shall be harmonious and shall use only compatible accents.

(9)       Colors shall be of “low reflectance, subtle, neutral, or earth tones” and shall not be of high-intensity or metallic colors unless the colors are true to the materials being used.

(10)     Mechanical equipment or other utility hardware on roof, ground, or buildings shall be screened from public view with materials harmonious with the building, or they shall be so located as not to be visible from any public ways.

(11)     Exterior lighting shall be part of the architectural concept. Fixtures, standards and all exposed accessories shall be harmonious with building design.

(12)     Monotony of design in single or multiple building projects shall be avoided. Variation of detail, form, and siting shall be used to provide visual interest. In multiple building projects, variable siting of individual buildings may be used to prevent a monotonous appearance. Measures shall be taken to break up flatness of all buildings and reduce the scale of large buildings using windows and architectural building design and techniques.

(13)     All sides of a building facing public right-of-ways shall be designed as a building front and each building shall have clearly defined, highly visible customer entrances.

(14)     Drive-thru features should not face any arterial or collector streets/highways unless screened with landscaping or separated with an access/frontage road.

(15)     Flat roofs on buildings shall have parapets.

(16)     Metal buildings shall not be allowed to have visible exterior metal supports.

(17)     All openings in the façade of a building (windows, doorways, etc.) shall be proportioned to reflect pedestrian scale and designed in a manner that encourages interest at the street level.

(18)     Awnings or canopies shall be made of metal or cloth material and entries shall not be over nine (9) feet high (pedestrian height).

(19)     Planter boxes and screening walls, when used, shall be compatible with the primary structure.

(20)     Facades consisting of brick or masonry shall not be painted if they have not previously been painted.

(21)     Franchise architecture that meets these minimum standards is allowed. National “standard”, prototype, or trademark designs shall be adapted to be compatible with these standards.

Source:  Ord. No. 5774, § 1, 06-21-2022;

Sec. 27-280.28.  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. 5774, § 1, 06-21-2022;

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-T, 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 or a tiny house park or subdivision may be used or registered as short-term rentals. Regardless of the 10% cap, a multi-family premises or a tiny house park or subdivision 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-T, 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; Ord. No. 5799, § 10, 9-6-22;

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:

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.

(b)  Detached Accessory Dwelling Units shall meet the following requirements:

(1)        A detached accessory dwelling unit is permitted on single-family detached use lots in zoning districts A through R-3 and R-O.

(2)        There shall be only one (1) detached accessory dwelling unit per lot.

(3)        The total square footage of the accessory dwelling shall not exceed the lesser of 60% of the total square footage of the main building or 864 square feet. However, the cumulative area of a detached accessory dwelling and any other accessory buildings on the lot shall not exceed the total permitted amount per the zoning district.

(4)        The detached accessory dwelling building shall be installed on a permanent continuous perimeter foundation.

(5)        The accessory dwelling shall share utility connections (no separate/extra meters) with the main building.

(6)        Detached accessory dwelling building shall be located behind the rear building line of the main building.

(7)        The detached accessory dwelling building shall comply with the front and side yard requirements of the zoning district where located. Detached accessory dwelling buildings may be located within seven (7) feet of the rear lot line, but shall not be located within any easement.

(8)        Exterior building materials and architectural designs used for accessory dwelling buildings 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.  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. 

(9)        The owner of the lot is required to live on the property but may reside in either the main building or in the accessory dwelling.

(10)     Parking is not required for an accessory dwelling unit. However, no existing, required parking may be removed to build the accessory dwelling unit unless the parking is replaced somewhere else on the lot, in conformance with the code.

Source:  Ord. No. 4099, § 3, 7-17-95; Ord. No. 4603, § 1, 9-16-02; Ord. No. 5799, § 11, 9-6-22;

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.

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:

(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

Sec. 27-295.  Keeping of backyard chickens and ducks.

The keeping of hens, bantam hens or ducks in residential districts A, R-R, S-R, R-1, R-2, and R-3, only on property consisting of a detached single-family dwelling use, except when larger numbers permitted in A district or permitted under a conditional use permit, is allowed subject to the following:

(1)       Permit:

a.         Any person who keeps hens, bantam hens or ducks shall obtain a permit from the city through its Planning and Development Department, prior to acquiring the hens, bantams, or ducks. Application shall be made to the Planning and Development Department office and the fee for the permit shall be as set forth in Section 2-5 of this Code.

b.         Permits are valid for the calendar year and shall expire and become invalid on December 31of the calendar year after the date of issuance unless the permit is issued after December 1 in which case the permit will expire on the second December 31 following the date of issuance; prorating the fee is not allowed. A permit holder who wishes to continue keeping hens, bantam hens or ducks shall obtain a new permit on or before January 1 of the upcoming year. Application for a new permit shall be pursuant to the administrative procedures and requirements that are applicable at the time the person applies for a new permit.

c.         As part of the permit application, the applicant shall collect written approval from a minimum of 75 percent of the property owners, not tenants, within the area described in this section or as otherwise requested by the zoning official if the lot layout does not follow the descriptions in this section.  The approval requirements set forth in this section must include approval from all owners of property abutting the applicant's property.  The applicant shall use the form, as provided by the city, for the written approvals.

d.         Areas for property owner approval:

             (i)  An applicant shall provide written approval from those adjacent and near neighboring property owners described as all properties on the block face, on the rear of the block face, on the block face across the street, and on the end face of each block to the sides as the propsoed applicant's property; or

             (ii)  If the lot layout of the neighborhood is not in a grid block pattern like described and depicted above, the applicant shall provide written approval from those adjacent and near neighboring property owners described as all properties a minimum of 200 feet from the applicant's property boundaries and directly across the street from and behind those properties 200 feet from the applicant's property boundaries. 

(2)       Hereinafter "hens", "bantam hens", and "ducks" will be referenced collectively as "chickens".

(3)       Number and size:

a.         No more than a total of four (4) chickens (hens, bantam hens, ducks or any combination of such animals) may be kept on any one (1) parcel as an accessory use to the one primary single-family detached structure.

b.         Each chicken may be up to a maximum of five (5) lbs. in weight.

(4)       Use and ownership:

a.         The principal use of the property shall be a detached single-family dwelling.

b.        The permit applicant shall be the owner and resident of the property, or if a rental property then the tenant/lessee shall be the permit applicant with a written consent statement from the property owner.

(5)       Setbacks and placement:

a.         A person shall not keep chickens in any location on the property other than in a chicken enclosure in the rear yard.

b.         No chicken enclosure or coop shall be located closer than ten (10) feet to any property line of an adjacent property.

c.         No chicken enclosure or coop shall be located closer than forty (40) feet to any residential structure on another person's property.

d.         No chicken coop shall be located closer than ten (10) feet to any other structure on the permitted lot for fire safety prupsoes.

(6)       Coops and enclosures:

a.        Chickens shall be provided with a covered, fenced, predator-proof coop and/or enclosure that is well-ventilated and designed to be easily accessed for cleaning.

b.        Chickens must be kept in a chicken enclosure at all times.

c.        Chickens shall have access to an outdoor enclosure that is adequately fenced to contain the chickens on the property and to prevent predators from access to the chickens.

d.        Chicken coops shall contain at least four (4) square feet of floor area per chicken.

e.        Chicken enclosures shall provide at least ten (10) square feet of open area per chicken.

f.         No chicken coop and enclosure combined shall exceed ninety (90) square feet of floor area or exceed seven (7) feet in height.

g.        All chicken coops and enclosures shall be constructed and/or repaired to prevent rats, mice, or other rodents from being harbored underneath, within, or within the walls of the coop/enclosure.

h.        All electrical installations shall meet or exceed the applicable National Electrical Code requirements. No temporary wiring (i.e. extension cords, etc.) shall be permitted.

(7)       Sanitation:

a.         Coops and enclosures must be kept in a sanitary condition and free from offensive odors to neighboring properties and prevent conditions that are unsanitary or unsafe. Coops and enclosures must be cleaned on a regular basis to prevent the accumulation of waste.

b.         All feed and other items associated with the keeping of chickens that are likely to attract or to become infested with or infected by rats, mice, or other rodents shall be protected so as to prevent rats, mice, or other rodents from gaining access to or coming into contact with the food and other associated items.

(8)       Roosters and crowing hens:

a.         No person shall keep roosters or any hens which have developed the rooster-like quality of crowing or making crowing-like sounds

(9)       Slaughtering:

 a.        There shall be no slaughtering of chickens outdoors or where the process can be seen by neighbors or the general public.

(10)     Running at large:

a.         Any chicken, permitted under this section, shall not be running at large on any of the public ways or upon the property of another.

b.        When a chicken is caught running at large, it shall be addressed pursuant to Sec. 4-6 of this Code.

(11)     Search, Examination, Revocation:

a.         A person who has been issued a permit shall freely and voluntarily consent to a search and examination of a chicken coop and enclosure on the permittee's property upon demand by any police officer, code official or zoning official

b.         If any of the requirements contained in this section are not complied with, the city may revoke any permit granted under this section and/or initiate prosecution of the permit holder and/or any other person violating this Code.

(12)     Permit Nontransferable:

a.         Any permit issued under this section shall be a personal privilege granted to the Applicant at the specific location named therein and shall not be subject to transfer.  In the event a new tenant leases property for which a permit was previously issued to a prior tenant, the new tenant is required to obtain his/her/their own permit in order to keep chickens on the leased property.

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; Ord. No. 5799, §13, 9-6-22; Ord. No. 5825, §3, 4-3-23;

Secs. 27-296--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.

Source:  Ord. No. 4603, § 1, 9-16-02; Ord. No. 5799, § 12, 9-6-22;

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.

Source:  Ord. No. 4603, § 1, 9-16-02; Ord. No. 5799, § 12, 9-6-22;

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, multi-family uses and tiny house (R-T) district developments.

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; Ord. No. 5799, § 12, 9-6-22;

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:

(2)       Deciduous:

(b)   Trees:

(1)       Evergreen:

(2)     Deciduous:

(c)     Ground covers:

(d)   Vines:

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, except for those defined as public signs in Sec. 27-2.  If the public signs, as defined, are not of an approved design according to the Manual on Uniform Traffic Control Devices (MUTCD), they shall be permitted only after an agreement is entered into with the city, approved by the council, showing specific locations, size and design, prior to placement.

(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; Ord. No. 5783, § 2, 6-6-22;

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, R-M, and R-T - 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, District R-T, 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; Ord. No. 5799, §13, 9-6-22;

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:

(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 and R-T zoning districts. 

Source:  Ord. No. 4603, § 1, 9-16-02; Ord. No. 5799, §14, 9-6-22;

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;