Pursuant to Neb. Rev. Stat. § 19-901, it shall be the purpose of the Planning Commission to recommend the boundaries of the various original districts and appropriate regulations to be enforced therein.

The Commission shall make a preliminary report and hold public hearings thereon before submitting its final report, and the Village Board shall not hold its public hearings or take action until it has received the final report of the Commission.

No such regulation, restriction, or boundary shall become effective until after a public hearing in relation thereto, at which parties in interest and citizens shall have an opportunity to be heard. Notice of the time and place of such hearings shall be given by publication thereof in a paper of general circulation in the Village at least one (1) time ten (10) days prior to such hearing.

The provisions of this Ordinance shall apply within the corporate limits of the Village of Arlington, Nebraska, and within the territory beyond said corporate limits as now or hereafter fixed, for a distance of one (1) mile, as established on the map entitled "The Official Zoning Map of the Village of Arlington, Nebraska", and may be amended by subsequent annexation.

In their interpretation and application, the provisions of this Ordinance shall be held to be minimum requirements, adopted for the promotion of the public health, safety, morals, or general welfare. Whenever the provisions of this ordinance require a lower height of building or lesser size of yards, courts, or other spaces, or require a lower height of building or lesser number of stories, or require a greater percentage of lot to be left unoccupied, or impose other higher standards than are required in any other ordinance, the provisions of this Ordinance shall govern. Where the provisions of any other ordinance requires a greater width or size of yards, courts, or other open spaces, or requires a lower height of building or a lesser number of stories, or require a greater percentage of lot to be left unoccupied, or impose other higher standards than are required by the provisions of this Ordinance, the provisions of such ordinance shall govern.

No building or land shall hereafter be reused and no building or part thereof shall be erected, moved or altered unless for a use expressly permitted by and in conformity with the regulations herein specified for the district in which it is located, except that any structure damaged or destroyed may be restored if such structure does not involve a non-conforming use.

1. Every building hereafter erected, reconstructed, converted, moved or structurally altered shall be located on a lot or lots of record and in no case shall there be more than one (1) principal building on a lot unless otherwise provided.
2. More than one principal building of a single permitted use may be located upon a lot or tract in the following instances if recommended by the Planning Commission and approved by the Village Board:
   1. Institutional buildings.
   2. Public or semi-public buildings.
   3. Commercial or industrial buildings.
   4. Home for the aged.
   5. Agricultural buildings.

No lot, even though it may consist of one (1) or more adjacent lots of record, shall be reduced in area so that yards, lot area per family, lot width, building area, or other requirements of this Ordinance are not maintained. This section shall not apply when a portion of a lot is acquired for a public purpose.

A corner lot. within the area formed by the center line of streets at a distance of sixty (60) feet from their intersections, there shall be no obstruction to vision between a height of three and one-half (3-1/2) feet and a height of ten (10) feet above the grades of the bottom of the curb of the intersecting streets, measured from the point of intersection of the centerline of the streets. At the intersection of major arterial streets, the sixty (60) foot distance shall be increased to ninety (90) feet for each arterial leg of the intersection. The requirements of this section shall not be deemed to prohibit any necessary retaining wall.

1. Yard requirements shall be set forth under the Schedule of Lot, Yard, and Bulk Requirements for each zoning district. Front, side and rear yards shall be provided in accordance with the regulations hereinafter indicated and shall be nonobstructed from the ground level to the sky, except as herein permitted.
2. All accessory buildings that are attached to principal buildings (e.g., attached garages) shall comply with the yard requirements of the principal building, unless otherwise specified.
3. The Village Board may permit a variation in the front yard setbacks to allow new or relocated structures to conform to the average existing setback provided that:
   1. more than thirty (30) percent of the frontage on one side of a street between intersecting streets is occupied by structures on the effective date of this Ordinance, and
   2. a minority of such structures have observed or conformed to an average setback line.
4. Any side or rear yard in a residential district which is adjacent to any existing industrial or commercial use shall be no less than twenty-five (25) feet and shall contain landscaping and planting suitable to provide effective screening, as per AMC 18.24.160 paragraph D.
5. Any yard for a commercial or industrial use which is adjacent to any residential use or district shall be increased to forty (40) feet and shall contain landscaping and planting suitable to provide effective screening as per AMC 18.24.160 paragraph D. Included in the increased yard, a solid or semi-solid fence or wall at least six (6) feet, but not more than eight (8) feet high shall be provided adjacent to an adjoining residential district unless the adjacent residential district and industrial district are separated by a street right-of-way. The owner or owners of the property in the Industrial District shall maintain said fence or wall in good condition. Said fencing shall be constructed of commercially available fencing.

No building, structure, or use shall be erected on any land, and no change shall be made in the existing contours of any land, including any change in the course, width, or elevation of any natural or other drainage channel, that will obstruct, interfere with, or substantially change the drainage from such land to the detriment of neighboring lands. Anyone desiring to build or otherwise change the existing drainage situation shall be responsible for providing to the Village or their designated agent that such changes will not be detrimental to the neighboring lands.

The following shall not be considered to be obstructions when located in the required yards:

1. All Yards: Steps and accessibility ramps used for wheelchair access and other assisting devices which are four (4) feet or less above grade which are necessary for access to a permitted building or for access to a lot from a street or alley; satellite dish antennas 36 inches (36") or less in diameter and chimneys projecting twenty-four inches (24") or less into the yard; recreational and laundry-drying equipment; approved freestanding signs; arbors and trellises; flag poles; window unit air conditioners projecting not more than eighteen (18) inches into the required yard and fences or walls subject to applicable height restrictions are permitted in all yards.
2. Front Yards: Bay windows projecting three feet (3') or less into the yard are permitted.
3. Rear and Side Yards: Open off-street parking spaces or outside elements of central air conditioning systems.
4. Double Frontage Lots: The required front yard shall be provided on each street.
5. Building Groupings: For the purpose of the side yard regulation a group or industrial buildings separated by a common party wall shall be considered as one (1) building occupying one (1) lot.

1. No accessory building shall be constructed upon a lot for more than six (6) months prior to beginning construction of the principal building. No accessory building shall be used for more than six (6) months unless the main building on the lot is also being used or unless the main building is under construction; however, in no event shall such a building be used as a dwelling unless a certificate of occupancy has been issued for such use.
2. No detached accessory building or structure shall exceed the maximum permitted height of the principal building or structure.
3. No accessory building shall be erected in or encroach upon the required side yard on a comer lot or the front yard of a double frontage lot.
4. Detached accessory buildings or structures shall be located no closer to any other accessory or principal building than ten (10) feet.
5. Garages and outbuildings in Residential Districts for storage uses and other structures customary and appurtenant to the permitted uses and detached accessory garages shall be constructed of materials customarily used in residential construction, including colored metal siding and roofing.
6. Regulation of accessory uses shall be as follows:
   1. Except as herein provided, no accessory building shall project beyond a required yard line along any street.
   2. Service station pumps and pump islands may occupy the required yards, provided, however, that they are not less than fifteen (15) feet from street lines.
   3. Storage of an unlicensed boat, boat trailer, camp trailer, or other vehicles shall not be permitted in any required yard unless provided in AMC 18.24.130.
      
7. Accessory buildings and structures shall be limited to sixteen (16) feet in height for sidewalls, with a maximum structure height of twenty-seven (27) feet.
8. The total square footage of all accessory buildings shall not be greater than twenty-five percent (25%) of the lot size.
   
9. Setbacks. The setbacks for accessory buildings and structures are as follows:
   
   1. Front Yards. No accessory building or structure may be located between the front building line of the principal building and the front property line. Any detached garage that fronts on a public or private street must be set back the greater of 20 feet or minimum setback required by the applicable district.
      
   2. Street Yards. No accessory building or structure may be located in any street yard. No detached garage shall be located within 20 feet on any street right-of-way line.
      
   3. Side Yards. An accessory building or structure may be located a minimum of five (5) feet from the side lot line of the property.
      
   4. Rear Yards. The minimum rear yard setback for accessory buildings and structures shall be five (5) feet. This minimum rear yard setback shall be increased to 20 feet for detached garages oriented towards an alley.
      

1. The height limitations of this Ordinance shall not apply to:
   
   Belfries Chimneys Church Spires Conveyors Cooling Towers Elevator Bulkheads Fire Towers Water towers and Standpipes Flag Poles Public Monuments Ornamental Towers and Spires Radio and Television Towers less than 125 feet in height Silos Smoke Stacks Stage Towers or Scenery Lots Tanks Air-Pollution Prevention Devices
2. When permitted in a district, public or semi-public service buildings, hospitals, institutions, or schools may be erected to a height not exceeding seventy-five (75) feet when each required yard line is increased by at least one (1) foot for each one (1) foot of additional building height above the height regulations for the district in which the building is located.

No basement or cellar shall be occupied for residential purposes until the remainder of the building has been substantially completed.

It is the intent of this ordinance to permit lawful nonconformities to continue until they are removed, but not encourage their survival. Such uses are declared by this ordinance to be incompatible with permitted uses in the districts involved. It is further the intent of this ordinance that nonconformities shall not be enlarged upon, expanded or extended nor be used as grounds for adding other structures or uses prohibited elsewhere in the same district except as may be authorized in this title.

In any district in which single-family dwellings are permitted, notwithstanding limitations imposed by other provision of this ordinance, a single-family dwelling and customary accessory buildings may be erected on any single lot of record at the effective date of adoption or amendment of this ordinance. This provision shall apply even though such lot fails to meet the requirements for area or width, or both that are generally applicable in the district provided that the yard dimensions and other requirements not involving area or width or both, of the lot shall conform to the regulations for the district in which such lot is located; that such lot has been owned separately and individually from adjoining tracts of land at a time when the creation of a lot of such size and width at such location would have been lawful; and has remained in separate and individual ownership from adjoining lots or tracts of land continuously during the entire period in which this or previous ordinance would have been prohibited creation of such lot. Variance of area, width and yard requirements shall be obtained only through action of the board of adjustment.

1. Authority to continue: Any structure which is devoted to a use which is permitted in the zoning district in which it is located, but which is located on a lot which does not comply with the applicable lot size requirements and/or the applicable bulk regulations, may be continued, so long as it remains otherwise lawful, subject to the restrictions of this section.
2. Enlargement, Repair, Alterations: Any such structure as described in paragraph A may be enlarged, maintained, repaired, or remodeled, provided, however, that no such enlargement, maintenance, repair, or remodeling shall either create any additional nonconformity or increase the degree of existing nonconformity of all or any part of such structure, except that as to structures located on a lot that does not comply with the applicable lot size requirements, the side yard requirements shall be in conformance with this section, and unless otherwise permitted by special permit unless otherwise approved or as specified in the Residential District.
3. Damage or Destruction: In the event that any structure described in paragraph A is damaged or destroyed, by any means, to the extent of more than fifty percent (50%) of its structural value, such structure shall not be restored unless it shall thereafter conform to the regulations for the zoning district in which it is located; provided that structures located on a lot that does not comply with the applicable lot size requirements in this section shall not have a side yard of less than five (5) feet. When a structure is damaged to the extent of less than fifty percent (50%) of its structural value, no repairs or restoration shall be made unless a building permit is obtained and restoration is actually begun within one year after the date of such partial destruction and is diligently pursued to completion.
4. Moving: No structure shall be moved in whole or in part for any distance whatever, to any other location on the same lot or any other lot unless the entire structure shall thereafter conform to the regulations of the zoning district in which it is located after being moved.

1. Nonconforming Uses of Land: Where at the effective date of adoption or amendment of this ordinance, lawful use of land exists that is made no longer permissible under the terms of this ordinance as enacted or amended, such use may be continued so long as it remains otherwise lawful, subject to the following provisions:
   
   1. No such non-conforming use shall be enlarged or increased, nor extended to occupy a greater area of land that was occupied at the effective date of adoption or amendment or this ordinance;
      
   2. No such nonconforming use shall be moved in whole or in part to any other portion of the lot or parcel occupied by such a use at the effective date of adoption or amendment of this ordinance.
      
   3. In any such nonconforming use of land creases for any reason for a period of more than twelve (12) months, any subsequent use of such land shall conform to the regulations specified by this ordinance for the district in which such land is located.
2. Nonconforming Uses of Structures: If a lawful use of a structure, or of structure and premises in combination, exists at the effective date of adoption or amendment of this ordinance, that would not be allowed in the district under the terms of this ordinance, the lawful use may be continued so long as it remains otherwise lawful subject to the following provisions:
   1. No existing structure devoted to a use not permitted by this ordinance in the district in which it is located shall be enlarged, extended, constructed, reconstructed, moved or structurally altered except in changing the use of the structure to use permitted in the district in which it is located;
   2. Any nonconforming use may be extended throughout any parts of a building which were manifestly arranged or designed for such use at the time of adoption or amendment of this ordinance but no such use shall be extended to occupy any land outside such building;
   3. If no structural alterations are made, any nonconforming use of a structure or structures and premises may be changed to another nonconforming use provided that the board of adjustment either by general rule or by making findings in the specific case, shall find that the proposed use is equally appropriate or more appropriate to the district than the existing nonconforming use. In permitting such change, the board of adjustment may require appropriate conditions and safeguard in accord with the provisions of this ordinance;
   4. Any structure, or structure and land in combination, in any or on which a nonconforming use is superseded by a permitted use, shall thereafter conform to the regulations for the district in which such structure is located and the nonconforming use may not thereafter be resumed;
   5. When a nonconforming use of a structure and premises in combination is discontinued or abandoned for twelve (12) months, the structure or structure and premises in combination shall not be used except in conformance with the regulations of the district in which it is located;
   6. Where nonconforming use status is applied to a structure and premises in combination, removal or destruction of the structure shall eliminate the nonconforming statutes of the land.

1. On any building devoted in whole or in part to any nonconforming use, work may be done in any period of twelve (12) consecutive months on ordinary repairs or on repair or replacement of non-bearing walls, fixtures, wiring or plumbing provided that the cubic content of the building as it existed at the time of passage of amendment of this ordinance shall not be increased.
2. Nothing in this ordinance shall be deemed to prevent the strengthening or restoring to a safe condition of any building or part thereof declared to be unsafe by any official charged with protecting the public safety, upon order of such official.

Any use for which a special permit is issued as provided in this ordinance shall not be deemed to be a nonconforming use, but shall without further action be deemed a conforming use in such district.

All fees for any zoning or subdivision related action shall be required prior to the issuance or investigation of any said permit request. Fees shall be adopted by the Village Board by separate Ordinance.