For the purpose of this Chapter, the Village is hereby divided into eight (8) districts, designated as follows:

(TA) Transitional Agricultural (R-1) Low Density Residential (R-2) Medium Density Residential (R-M) Mobile Home Residential (C-I) General Commercial (C-2) Highway Commercial (I) Light Industrial (FP) Flood Plain Overlay

The boundaries of the districts are hereby established as shown on the maps entitled "Official Zoning Map of the Village of Arlington, Nebraska." Said maps and all explanatory matter thereon accompany and are hereby made a part of this Chapter as if fully written herein. The Official Zoning District Map shall be identified by the signature of the Mayor, and attested by the Village Clerk. No changes shall be made on the Zoning District Map except as may be required by amendments to this Chapter. Such changes shall be promptly indicated on the Zoning District Map with the Ordinance number, nature of change, and date of change noted on the map pursuant to Neb. Rev. Stat. § 19-904.

Where uncertainty exists as to the boundaries of districts as shown on the Official Zoning Map, the following rules shall apply:

1. Boundaries indicated as approximately following the centerlines of streets, highways, or alleys shall be construed to follow such centerlines;
2. Boundaries indicated as approximately following platted lot lines shall be construed as following such lot lines;
3. Boundaries indicated as approximately following the Village limits shall be construed as following such Village limits;
4. Boundaries indicated as following railroad lines shall be construed to be midway between the main tracks;
5. Boundaries indicated as following shorelines shall be construed to follow such shorelines, and in the event of change in the shoreline shall be construed as moving with the actual shoreline; boundaries indicated as approximately following the centerlines of steams, rivers, canals, lakes, or other bodies of water shall be construed to follow such centerlines;
6. Boundaries indicated as parallel to or extensions of features indicated in paragraphs A through F shall be so construed. Distances not specifically indicated on the Official Zoning Map shall be determined by the scale of the map;
7. Where physical or cultural features existing on the ground are at variance with those shown on the Official Zoning Map, or in other circumstances not covered by paragraphs A through F, the Board of Zoning Adjustment shall interpret the district boundaries;
8. Where a district boundary line divides a lot which was in single ownership at the time of passage of this Ordinance, The Board of Zoning Adjustment may permit the extension of the regulations for either portion of the lot, not to exceed fifty (50) feet beyond the district line, into the remaining portion of the lot.

Areas annexed into the corporate limits of Arlington shall be zoned to conform to the Land Use Plan.

1. Intent: The Transitional Agriculture District is established for the purpose of preserving agricultural resources that are compatible with adjacent urban growth. This district characterizes the land abutting a growing community and the agricultural land adjacent to said community. Transitional Agriculture Districts are not meant for urban growth and are intended to limit or deter urban sprawl.
2. Permitted Principal Uses:
   1. Farming, pasturing, truck gardening, and orchards. Producers shall be permitted to sell products that are produced on the premises.
   2. Nurseries and greenhouses,
      
   3. Farm dwellings containing the owners, tenants, or employees.
      
   4. Public grounds for recreation, including parks, playgrounds, conservation areas, and flood control facilities.
      
   5. Public utilities such as overhead or underground lines.
      
   6. Churches, temples, synagogues, mosques, convents, etc., including residences for teachers, pastors, priests, rabbis, imams, etc.
      
   7. Public use buildings such as museums, libraries, community centers, and the like.
      
   8. Temporary use seasonal buildings including haunted houses, Christmas tree farms, pumpkin patches, etc., providing these are kept in accordance with Village statutes and codes.
      
   9. Roadside stands offering the sale of produce grown on the premises.
3. Permitted Conditional Uses:
   1. Radio, television, wireless communication towers and transmitters in accordance with AMC 18.24.110.
   2. Cemeteries, providing that all structures are at least one hundred (100) feet from all property lines.
      
   3. Water treatment facilities (i.e. lime sludge lagoons).
      
   4. Private recreation facilities including, but not exclusive to, country clubs, golf courses, swimming pools, paintball courses, and shooting ranges.
      
   5. "Green" energy production such as wind turbine and solar panel farms.
      
   6. Water reservoirs.
      
   7. Grain storage.
      
   8. Veterinary facilities including offices, hospitals, stables, and boarding facilities.
      
   9. 4-H, FFA and/or other rural/school organization facilities, including those involved in the raising and care of livestock.
      
   10. Nursing, assisted living, retirement, and transitional communities for the elderly.
       
   11. Storage and distribution centers for agricultural fertilizer provided the facility is not within seven hundred (700) feet of a residential district, park, playground and the like.
       
   12. Campgrounds,
4. Permitted Accessory Uses:
   1. Buildings and uses customarily incidental to the permitted principal and conditional uses.
   2. Temporary structures associated with the construction of buildings incidental to buildings contained in the permitted principal and conditional uses.
      
   3. Signs as provided in AMC 18.24.060 through AMC 18.24.090.
      
   4. Parking as provided in AMC 18.24.010 through AMC 18.24.050.
      
   5. Private swimming pools, tennis courts, basketball courts, and the like in conjunction with a residence.
      
   6. Storage of vehicles, watercraft, campers, and trailers in accordance with AMC 18.24.130.
5. Height and Lot Requirements:
   1. The height and minimum lot requirements shall be as follows:
      
      

      AREA, YARD and HEIGHT REQUIREMENTS
      Minimum Lot Sizes				Minimum Yard Requirements
      District	Area (sq ft)	Lot Width (ft)	Lot Depth (ft)	Front Yard (ft)	Side Yard (ft)	Rear Yard (ft)	Height of Structures
      TA	2.5 Acres	100'	100'	50'	25'	25'	No Limit

6. Special Provisions: Concerning the permitted uses in the Open Space Agriculture District, no provision shall be interpreted so as to prohibit the raising of poultry and livestock intended principally for consumption by the owner. Mobile home parks shall be permitted within the district within the accessory use residential provision.
7. Use Limitations: No residential use shall locate closer than seven-hundred feet (700') to an existing anhydrous ammonia storage or distribution facility, except portable storage tanks mounted on wheels, as measured from the base of the storage tank to the nearest point on the primary residential structure.

1. Intent: The Single-Family Residential District is intended to permit low to medium-density residential developments to accommodate residential and compatible uses.
2. Permitted Uses:
   
   1. Single family dwellings.
      
   2. Public and private schools.
      
   3. Churches, temples, synagogues, mosques, convents, etc., including residences for teachers, pastors, priests, rabbis, imams, etc.
      
   4. Public service facilities.
      
   5. Publicly owned and operated services such as: Community Centers, Libraries, Auditoriums, or Museums.
      
   6. Child Care Center and Child Care Home as previously defined.
3. Permitted Conditional Uses:
   1. Public and private recreation areas such as country clubs, golf courses, lakes, swimming pools, and the like.
      
   2. Hospitals, sanitariums, rest homes, nursing homes, assisted living centers, elderly or retirement transitional housing, convalescent homes, other similar institutions, or philanthropic institutions.
      
   3. Public utility main transmission lines including substations, distribution centers, regulator stations, pumping stations, treatment facilities, storage, equipment buildings, garages, towers, or similar public service uses.
      
   4. Home Occupations in accordance with AMC 18.24.100.
4. Accessory Uses:
   
   1. Buildings and uses customarily incidental to the permitted uses.
      
   2. Private swimming pool, tennis court, basketball court, and other recreational facilities in conjunction with a residence or center.
      
   3. Parking for permitted uses pursuant to AMC 18.24.010 through AMC 18.24.050.
      
   4. Signs allowed in AMC 18.24.060 through AMC 18.24.090.
      
   5. Temporary buildings incidental to construction work where such building or structures are removed upon completion or abandonment of work.
      
   6. Landscaping in accordance to the requirements set forth in AMC 18.24.160.
      
   7. Pursuit of occupations and practice of professionals shall be permitted in residences as an accessory use; provided, use of any accessory building for such pursuit or practice is prohibited, use of advertising sign and banners is prohibited, and no person other than residents on a lot shall be employed in production or sales of products or services on that lot.
5. Height and Lot Requirements:
   
   1. The height and minimum lot requirements shall be as follows:
      
      

      AREA, YARD and HEIGHT REQUIREMENTS
      Minimum Lot Size				Minimum Yard Requirements
      District	Area (sq ft)	Lot Width (ft)	Lot Depth (ft)	Front Yard (ft)	Side Yard (ft)	Rear Yard (ft)	Height of Structures
      R-1
      Single Family	8,000*	60'	100'	25'	10% of Lot Width	25'	35'
      Two-Family	12,000	60'	100'	25'	15% of Lot Width	25'	45'
      Multi-Family as special exception only	Add 4,000 sq ft for each addt'l unit over two (2)	Add 15 ft for each addt'l unit over two (2)	100'	25'	15% of Lot Width	25'	45'

      * Excludes lots of record to a minimum of 5,000 sq ft
6. Use Limitations:
   1. No residential use shall locate closer than seven-hundred feet (700') to existing anhydrous ammonia storage or distribution facility, except portable storage tanks mounted on wheels, as measured from the base of the storage tank to the nearest point on the primary residential structure.

1. Intent: The Medium Density Residential District is intended to establish minimum standards that will foster a suitable environmental for residences by preserving adequate light, air, and open space. Furthermore, the district shall provide the inhabitants with all public and supporting facilities to maintain a sound and pleasant environment for the inhabitants as to prevent the disruption of the residential quality of any neighborhood.
2. Permitted Principal Uses:
   
   1. Single family dwellings.
      
   2. Two-family, and duplex dwellings.
      
   3. Public and private schools.
      
   4. Churches, temples, synagogues, mosques, convents, etc., including residences for teachers, pastors, priests, rabbis, imams, etc.
      
   5. Publicly owned and operated parks, playgrounds, fire stations, community centers, and libraries.
      
   6. Public service facilities.
3. Permitted Conditional Uses:
   
   1. Multiple family dwellings, provided:
      
      1. The common wall between attached units shall be on the side lot line separating the two lots and shall not be subject to side yard requirements providing there are no doors, windows, vents or other openings in the common wall.
         
      2. Not more than six units shall be attached in this district.
         
      3. No unit shall have a depth greater than four times its width.
         
      4. Any exterior wall, which is not a common wall, must meet all yard requirements.
         
      5. Each lot must have direct access to a public street.
         
      6. The deed to each lot must include covenants requiring proper and timely reconstruction of any damaged or destroyed dwellings.
         
      7. The application for such conditional use must include a plat plan with the general location of buildings, parking areas, driveways, fences and other structures, the location of easements and utilities, the number and type of all dwelling units, and the property lines within the proposed development.
         
   2. Lodging and boarding houses.
      
   3. Public utility main transmission lines including substations, distribution centers, regulator stations, pumping, treatment facilities, storage, equipment buildings, garages, towers, or similar public service uses.
      
   4. Home Occupations, pursuant to the AMC 18.24.100.
      
   5. Child Care Center and Child Care Home.
      
   6. Bed and Breakfast facilities.
4. Accessory Uses:
   
   1. Buildings and uses customarily incidental to the permitted uses.
      
   2. Temporary buildings incidental to construction work where such buildings or structures are removed upon completion of work.
      
   3. Signs pursuant to AMC 18.24.060 through AMC 18.24.090.
      
   4. Parking pursuant to AMC 18.24.010 through AMC 18.24.050.
      
   5. Private swimming pool, tennis court, and other recreational facilities in conjunction with a residence.
      
   6. Landscaping pursuant to the requirements of AMC 18.24.160.
5. Height and Lot Requirements:
   
   1. The height and minimum lot requirements.
      
      

      AREA, YARD and HEIGHT REQUIREMENTS
      Minimum Lot Size				Minimum Yard Requirements
      District	Area (sq ft)	Lot Width (ft)	Lot Depth (ft)	Front Yard (ft)	Side Yard (ft)	Rear Yard (ft)	Height of Structures
      R-2
      Single Family	6,000*	50'	100'	25'	10% of Lot Width	25'	35'
      Two-Family	8,000	60'	100'	25'	15% of Lot Width	25'	45'
      Multi-Family	Add 2,000 sq ft for each addt'l unit over two (2)	Add 15 ft for each addt'l unit over two (2)	100'	25'	15% of Lot Width	25'	45'

      * Excludes lots of record to a minimum of 5,000 sq ft
6. Use Limitations:
   
   1. No residential use shall locate closer than seven-hundred feet (700') to existing anhydrous ammonia storage or distribution facility, except portable storage tanks mounted on wheels, as measured from the base of the storage tank to the nearest point on the primary residential structure.

1. Intent: The Residential Mobile Home District is intended to provide for mobile home developments on leased or owned property in areas where a mobile home park or subdivision is appropriate, and where such development is recognized as being in the best interests of the Village. The R-M District is a floating zone district. Although the specific conditions within this district are predetermined, the location of a proposed district must be carefully reviewed to assure that the following conditions are met.
2. Permitted Uses:
   1. Single Family Dwellings
   2. Multiple Family Dwellings
   3. Mobile Home Dwellings
   4. Public Parks, playgrounds and recreational facilities.
   5. Cemeteries not including mausoleums.
   6. Churches and other places of worship.
   7. Accessory buildings and uses customarily incidental to those listed above.
3. Permitted Conditional Uses:
   1. Child Care Centers
   2. Elderly Day Care Centers
   3. Home Occupations in accordance with AMC 18.24.100.
   4. Public utility main transmission lines including substations, distribution centers, regulator stations, pumping, treatment facilities, storage, equipment buildings, garages, towers, or similar public service uses.
4. Lot and Height Requirements:
   1. A mobile home development shall have a lot area of not less than two (2) acres. No mobile homes or other structures shall be located less than twenty-five (25) feet from the road center line when contiguous to or having frontage to a County Road or State Highway. The setback on all other court property lines shall be ten (10) feet. These areas shall be landscaped. The minimum lot depth in a mobile home court shall be two hundred (200) feet.
   2. Each lot provided for occupancy of a single mobile home dwelling shall have an area of not less than four thousand (4,000) square feet, excluding road R.O.W., and a width of not less than forty (40) feet. Each individual lot shall have:
      1. Side yards shall not be less than five (5) feet on either side, except that on corner lots, the setback for all buildings shall be a minimum of twenty-five-feet on the side abutting a street/road.
      2. Front yard not less than twenty-five (25) feet.
      3. Rear yard not less than twenty-five (25) feet.
   3. There shall be a minimum livable floor area of five hundred (500) square feet in each mobile home.
   4. Height of buildings shall be:
      1. Maximum height for principal uses: thirty-five (35) feet.
      2. Maximum height for accessory uses: ten (10) feet.
   5. Each lot shall have access to a hard surfaced drive not less than twenty-four (24) feet in width excluding parking.
   6. Community water and community sewage disposal facilities shall be provided with connections to each lot, pursuant to the design standards of the Village. The water supply shall be sufficient for domestic use as well as fire protection.
   7. Service buildings including adequate laundry and drying facilities, and toilet facilities for mobile homes lacking in these areas contained inside the unit may be provided.
   8. Not less than nine percent (9%) of the total court area shall be designated for park, playground, and recreational uses.
   9. Each mobile home dwelling shall be provided with a paved patio or equivalent, other than parking spaces of less than one-hundred and fifty (150) square feet.
5. Plan Requirements:
   1. A complete plan of the mobile home development shall be submitted showing:
      1. A development plan and grading plan of the court.
      2. The area and dimensions of the tract of land.
         
      3. The number, location, and size of all mobile home spaces.
      4. The area and dimensions of the park, playground and recreational areas.
      5. The location and with of roadways and walkways.
      6. The location of service buildings and any other proposed structures.
      7. The location of water and sewer lines and sewage disposal facilities.
      8. Plans and specifications of all buildings and other improvements constructed or to be constructed within the mobile home court.
6. Use Limitations: All lots must be platted in accordance with the Subdivision Regulations of the Village of Arlington, Nebraska.
   1. No residential use shall locate closer than seven-hundred feet (700') to existing anhydrous ammonia storage or distribution facility, except portable storage tanks mounted on wheels, as measured from the base of the storage tank to the nearest point on the primary residential structure.
      

1. Intent: The General Commercial District is intended to establish standards that will foster and maintain an area within the district boundaries that will benefit the retail trade, business, cultural, and social activities of the entire community.
2. Permitted Uses:
   1. Business services including: attorneys, banks, insurance, real estate, offices, postal stations, printing, credit services, security brokers, dealers, and exchange, title abstracting, savings and loans, finance services and investment services; but not including uses defined in Adult Establishment.
   2. Child Care/Day Care.
   3. Dance studio, not including uses defined in Adult Establishment.
   4. Meeting hall, not including uses defined in Adult Establishment.
   5. Retail spaces or service establishment supplying commodities or performing services, such as, or in compatibility with and including the following:
      1. Apparel Shop
      2. Appliance Store
      3. Antique Shop
      4. Automobile parts and supply store
      5. Bakery shop
      6. Bank
      7. Barber and Beauty shop
      8. Book store, not including uses defined in Adult Establishment
      9. Communication services
      10. Computer store
      11. Department store
      12. Drug stores and prescription shops
      13. Dry cleaners-establishments (not over 2,000 sq ft in floor area) with one dry cleaning unit having a capacity not to exceed 35 pounds per cycle using non flammable or non-explosive solvents
      14. Exercise, fitness, and tanning spa, not including uses defined in Adult Establishment
      15. Floral shop
      16. Furniture store or showroom
      17. Gift and curio shop
      18. Grocery store
      19. Hardware store
      20. Hobby, craft, toy store
      21. Laundry and dry cleaning pick-up and delivery stations
          
      22. Liquor store
      23. Newsstands, not including uses defined in Adult Establishment
      24. Photographer
      25. Picture framing shop
      26. Restaurants, cafes, and fast food establishments
      27. Second hand stores
      28. Shoe store
      29. Tanning salon
      30. Variety store, not including uses defined in Adult Establishment
      31. Video store, not including uses defined in Adult Establishment
      32. Social club and fraternal organizations, not including uses defined in Adult Establishment
      33. Telephone exchange
      34. Telephone answering service
      35. Theater, indoor, not including uses defined in Adult Establishment
      36. Public overhead and underground local distribution utilities
      37. Automobile display, sales, service, and repair
      38. Commercial greenhouse
          
3. Permitted Conditional Uses:
   1. Temporary structure for festivals or commercial events
   2. Recreational establishments
   3. Amusement arcades
   4. Garden supply and retail garden center
   5. Pool hall
   6. Tavern and cocktail lounge, not including uses defined in Adult Establishment
   7. Temporary greenhouses
   8. Totally enclose, automated and conveyor-style car washes.
   9. Outdoor entertainment
   10. Convenience store with limited fuel sales
   11. Residences in conjunction with the principal use when located above the ground floor
   12. Churches, temples, synagogues, mosques, convents, etc., including residences for teachers, pastors, priests, rabbis, imams, etc.
   13. Printing and publishing.
   14. Retail motor vehicle sales and service
   15. Car wash
   16. Garden supply and retail garden center
   17. Retail building material sales
   18. Service station and minor automobile repair services
   19. Tire store and minor automobile repair service
4. Accessory Uses:
   1. Buildings and uses customarily incidental to the permitted uses.
   2. Parking pursuant to AMC 18.24.010 through AMC 18.24.050.
   3. Signs pursuant to AMC 18.24.060 through AMC 18.24.090.
   4. Temporary buildings and uses incidental to construction work, which will be removed upon completion or abandonment of the construction, work.
   5. Landscaping in accordance with AMC 18.24.160.
5. Height and Lot Requirements:
   1. The height and minimum lot requirements shall be as follows:
      
      

      AREA, YARD and HEIGHT REQUIREMENTS
      Minimum Lot Size				Minimum Yard Requirements
      District	Area (sq ft)	Lot Width (ft)	Lot Depth (ft)	Front Yard (ft)	Side Yard (ft)	Rear Yard (ft)	Height of Structures
      C-1
      Permitted	none	none	none	none	**	***	45'
      Conditional	5,000	50'	none	30'	10'	20'	45'
      Accessory	none	none	none	0'	0'	0'	45'

      ** No side yard shall be required except on the side of the lot adjoining a residential district in which case a side yard not less than ten (10) feet shall be provided.
      *** No rear yard shall be required except on a rear yard adjoining a residential district in which case a rear yard not less than twenty-five (25) feet shall be provided.
6. Use Limitations:
   1. When adjacent to any residential district, no parking, drives or signs shall be allowed in the required front yard within fifteen (15) feet of such residential district. Furthermore, permanent screening shall be provided in this area in order to minimize impacts on residentially zoned property, in accordance with AMC 18.24.160 paragraph C.
   2. No outdoor storage, except the display of merchandise for sale to the public, shall be permitted.
   3. Exterior lighting fixtures shall be shaded so that no direct light is cast upon any residential property and so that no glare is visible to any traffic on any public street.
   4. When adjacent to an alley, the width of the alley shall be included in computing the minimum rear yard setback.

1. Intent: The Highway Commercial District is intended to establish standards that will foster and maintain an area within the district boundaries that will benefit the entire community and enhance the highway corridor passing through the Village of Arlington, Nebraska.
2. Permitted Uses: Veterinarian or animal hospital, provided any such building, kennel, or exercise runway is located at least one hundred (100) feet away from any Residential District boundary.
   1. Auto accessory stores
   2. Car washes
   3. Convenience store with limited fuels
   4. Dry cleaning and laundry establishments
   5. Fire stations
   6. Grocery stores
   7. Indoor skating rinks
   8. Mortuaries
   9. Motorcycle sales, services and rentals
   10. Nursery and garden stores
   11. Package liquor stores
   12. Private clubs and lodges
   13. Restaurants
   14. Taverns
3. Permitted Conditional Uses:
   1. Outdoor amusement establishments (amusement parks, permanent carnival and children's parks, miniature golf courses, driving ranges).
   2. Electric and telephone substations.
   3. Commercial recreation centers
   4. RV parks
   5. Agricultural implement sales and services
   6. Construction equipment rental and sales
   7. Lumber and building materials sales yards
   8. Mobile home and trailer sales and rentals
   9. Service stations
4. Permitted Accessory Uses:
   1. Buildings and uses customarily incidental to the permitted uses.
   2. Parking pursuant to AMC 18.24.010 through AMC 18.24.050.
   3. Signs pursuant to AMC 18.24.060 through AMC 18.24.090.
   4. Temporary buildings and uses incidental to construction work that shall be removed upon completion or abandonment of the construction work.
   5. Landscaping pursuant to the requirements of AMC 18.24.160.
5. Height and Lot Requirements:
   1. The height and minimum lot requirements shall be as follows:
      
      

      AREA, YARD and HEIGHT REQUIREMENTS
      Minimum Lot Size				Minimum Yard Requirements
      District	Area (sq ft)	Lot Width (ft)	Lot Depth (ft)	Front Yard (ft)	Side Yard* (ft)	Rear Yard** (ft)	Height of Structures
      C-2
      Permitted	10,000	100'	none	25'	0'	0'	45'
      Conditional	10,000	100'	none	30'	0'	0'	45'
      Accessory	none	none	none	0'	0'	0'	45'

      * Unless adjacent to a residential area, then the setback shall increase to ten feet (10').
      ** Unless adjacent to a residential area, then the setback shall increase to twenty-five feet (25').
6. Use Limitations:
   1. When adjacent to residentially zoned land, no parking, drives or signs shall be allowed in the required front yard within fifteen (15) feet of such district. Furthermore, permanent screening shall be provided in this area in order to minimize impacts on residentially zoned property, pursuant to AMC 18.24.160 paragraph C.
   2. No outdoor storage, except the display of merchandise for sale to the public, shall be permitted.
   3. Exterior lighting fixtures shall be shaded so that no direct light is cast upon any residential property and so that no glare is visible to any traffic on any public street.
   4. All developments shall include access roads and an interior circulation system.
      

1. Intent: It is the intent of the Light Industrial District to provide standards for areas suitable for industrial and storage activities, to preserve land for the expansion of the basic economic activities, to free these areas from intrusion by incompatible land uses, that these areas should be served with adequate transportation facilities, and that users of this land conduct activities that create low to moderate hazards to neighboring lands.
   
   Adult Entertainment Facilities are included in this Zoning District. The intent of the Arlington Zoning Ordinance in including these uses in this district is not to prohibit these uses but to regulate the secondary effects of these uses within the community.
2. Permitted Uses:
   1. Assembly, fabrication, and processing of products inside an enclosed building, except hazardous or combustible materials.
      
   2. Manufacture and assembly of electrical and electronic appliances.
   3. Manufacturing, compounding, processing, packaging, or treatment of articles or merchandise from previously prepared materials.
   4. Manufacture of light sheet metal products including heating and ventilation equipment.
   5. Public local distribution and main transmission utilities.
   6. Warehouses and wholesale businesses.
   7. Building materials yards with enclosed and screened storage areas.
   8. Highway maintenance yards or buildings.
   9. Self storage units.
3. Permitted Conditional Uses:
   1. Radio, television and communication towers and transmitters, in accordance with AMC 18.24.110.
   2. Overhead and underground utility main transmission lines including but not limited to power, telephone, gas, fuel, or fertilizer lines, substations, terminal facilities, and reservoirs.
   3. Auction sales.
   4. Grain storage.
   5. Construction and heavy equipment sales and service.
   6. Farm implement sales and service.
   7. Truck terminal and dock facilities to include truck washing.
   8. Auto body repair and shops.
   9. Perimeter security fencing above six (6) feet in height.
   10. Fertilizer and anhydrous ammonia storage and distribution facilities, but not within seven hundred feet (700') of any residential district.
   11. Adult Entertainment establishments, provided:
       1. No Adult business shall be closer than 1,000 feet to any similar use and no closer than 1,000 feet to a residential district or use, religious uses, educational uses and recreational uses. Measurements shall be made in a straight line, without regard to intervening structures or objects, from the main entrance of such adult business to the closest point on the property line of such other adult business, residential district or use, religious use, educational uses and recreational use.
       2. Said businesses shall be screened along adjoining property lines as to prevent any direct visual contact of the adult business at the perimeter.
       3. Doors, curtains and any other means of obstruction to the opening of all booths and other preview areas, including but not limited to Adult Novelty Businesses, Adult Motion Picture Arcades. Adult Mini-Motion Picture Theaters, and Adult Motion Picture Theaters shall be removed and kept off at all times during the execution of this Permit. Failure to comply with this condition shall result in revocation of the Conditional Use Permit.
       4. No adult business shall be open for business between the hours of twelve midnight (12:00 a.m.) and 6:00 a.m.
       5. The proposed location, design, construction, and operation of the particular use adequately safeguards the health, safety. and general welfare of persons residing or working in adjoining or surrounding property.
       6. Such use shall not impair an adequate supply of light and air to surrounding property.
       7. Such use shall not unduly increase congestion in the streets or public danger of fire and safety.
       8. Such use shall not unduly increase congestion in the streets or public danger of fire and safety.
       9. Such use shall not be in accord with the intent, purpose, and spirit of this Ordinance and the Comprehensive Development Plan of Arlington, Nebraska.
       10. Applications for adult businesses under the terms of this Section shall be accompanied by evidence concerning the feasibility of the proposed request and its effect on surrounding property and shall include a site plan defining the areas to be developed for buildings and structure, the areas to be developed for parking, driveways and points of ingress and egress, the location and height of walls, the location and type of landscaping, and the location, size and number of signs.
       11. An adult business shall post a sign at the entrance of the premises which shall state the nature of the business and shall state that no one under the age of eighteen (18) years of age is allowed on the premises. This Section shall not be construed to prohibit the owner from establishing an older age limitation for entry and use of the premises.
       12. Prohibited Activities of Adult Businesses are as follows:
           1. No adult business shall employ any person less than eighteen (18) years of age.
           2. No adult business shall furnish any merchandise or services to any person who is less than eighteen (18) years of age.
           3. No adult business shall be conducted in any manner that permits the observation of any model or any material depicting, describing or relating to specified sexual activities or specified anatomical areas by display, decoration, sign, show window or other opening from any public way or from any property not licensed as an adult use. No operator of an adult business or any officer, associate, member, representative, agent, owner, or employee of such business shall engage in any activity or conduct in or about the premises which is prohibited by this Ordinance or any other laws of the State.
           4. No part of the interior of the adult business shall be visible from the pedestrian sidewalk, walkway, street, or other public or semi-public area.
4. Accessory Uses:
   1. Buildings and uses customarily incidental to the permitted uses.
   2. Parking pursuant to AMC 18.24.010 through AMC 18.24.050.
   3. Signs pursuant to AMC 18.24.060 through AMC 18.24.090.
   4. Temporary buildings and uses incidental to construction work, which will be removed upon completion or abandonment of the construction, work.
   5. Landscaping pursuant to the requirements of AMC 18.24.160.
      
5. Height and Lot Requirements:
   
   

   AREA, YARD and HEIGHT REQUIREMENTS
   Minimum Lot Size				Minimum Yard Requirements
   District	Area (sq ft)	Lot Width (ft)	Lot Depth (ft)	Front Yard (ft)	Side Yard* (ft)	Rear Yard* (ft)	Height of Structures
   I
   Permitted	15,000	100	none	50	none	none	none

   * Unless adjacent to a residential area, then the setback shall increase to twenty-five feet (25').
6. Use Limitations:
   1. When adjacent to any residential district, no parking, drives, or signs shall be allowed in the required front yard within fifteen (15) feet of such residential district. Furthermore, permanent screening shall be provided in this area in order to minimize impacts on residentially zoned property, in accordance with AMC 18.24.160 paragraph C.
   2. No outdoor storage, except the display of merchandise for sale to the public, shall be permitted.
   3. Exterior lighting fixtures shall be shaded so that no direct light is cast upon any residential property and so that no glare is visible to any traffic on any public street.
   4. All developments shall include access roads and an interior circulation system.
7. Performance Standards:
   1. See AMC 18.24.150 of Supplemental Regulations.
      

1. Intent: The Flood Plain Overlay is designated for the purpose of protecting the citizen and his property from the danger of floods, to aid in the natural drainage of the land, and to maintain vegetative lands and green space for recreation and ecological balance.
2. Permitted Uses: Uses permitted in the Flood Plain (FP) Overlay District are the same as those allowed in the underlying base district.
3. Height and Lot Requirements: Height and lot requirements in the Flood Plain (FP) Overlay District are the same as those allowed in the underlying base district.
4. Warning and Disclaimer of Liability: This resolution does not imply that areas outside flood way and floodplain zoning district boundaries or land uses permitted within such districts will be free from flooding or flood damages. This resolution shall not create liability on the part of the Village of Arlington or any officer, agent or employee thereof for any flood damages that may result from reliance upon this resolution or any administrative decision made thereunder.
5. Supplemental Development Regulations for the Floodplain Overlay District:
   1. Permit Required: No person, firm or corporation shall initiate any development or cause the same to be done in any Flood Plain (Overlay) District without first obtaining a permit for such development. The Planning Commission shall review all permit applications to determine if the standards of the Flood Plain (Overlay) District will be met and to ensure that all necessary permits will be obtained from federal, state and local governmental agencies.
   2. Application for Permit: Application for a Flood Plain Development Permit shall be made on forms supplied by the Village Clerk and shall include the following information:
      1. Description of the work to be covered by the permit for which application is to be made.
      2. Description of the land on which the proposed work is to be done (i.e., lot, block, tract, street address or similar description) that will readily identify and locate the work to be done.
      3. Identification of the use or occupancy for which the proposed work is intended.
      4. Elevation of the 100-year flood.
      5. Elevation (in relation to National Geodetic Vertical Datum) of the lowest floor (including basement) of buildings or of the level to which a building is to be flood proofed.
      6. For buildings being improved or rebuilt, the estimated cost of improvements and market value of the building prior to the improvements.
      7. Such other information as the Board of Adjustment deems reasonably necessary for the purpose of this ordinance.
6. Action on Permit Application: The Board of Adjustment shall, within a reasonable time, make a determination as to whether the proposed flood plain development meets the applicable provisions and standards of this ordinance and shall approve or disapprove the application. For disapprovals, the applicant shall be informed, in writing, of the specific reasons therefore. The permits for variances will not be issued except as directed by the Board of Adjustment.
7. Construction and Use to Be as Provided in Application and Plans: Flood Plain Development Permits issued on the basis of approved plans and applications authorize only the use, arrangement, and construction set forth in such approved plans and applications and no other use, arrangement or construction. Any use, arrangement, or construction at variance with that authorized shall be deemed a violation of this Ordinance. The applicant shall be required to submit certification by a professional engineer or land surveyor, as appropriate, registered in the State of Nebraska, that the finished fill, building floor elevations, flood proofing, or other flood protection measures were accomplished in compliance with the provisions of this Ordinance. prior to the use or occupancy of the structure.
8. Notification of Alteration or Relocation of Watercourse: The Village Clerk shall notify adjacent communities or counties and the Iowa Department of Natural Resources prior to any proposed alteration or relocation of a watercourse within a designated Flood way, Flood way Fringe, or General Flood Plain.
9. Development Standards: All uses in the "FP" Floodplain Overlay District shall comply with the underlying District requirements. In addition, the following standards shall be met:
   1. All structures shall be:
      1. adequately anchored to prevent flotation, collapse or lateral movement of the structure,
      2. constructed with materials and utility equipment resistant to flood damage, and
      3. constructed by methods and practices that minimize flood damage.
   2. Residential buildings: All new or substantially improved residential structures shall have the lowest floor, including basements, elevated a minimum of one (1) foot above the 100-year flood level. Construction shall be upon compacted fill which shall, at all points, be no lower than one (1) foot above the 100-year flood level and extend at such elevation at least eighteen (18) feet beyond the limits of any structure erected thereon. Alternate methods of elevating (such as piers) may be allowed, subject to favorable consideration by the Board of Adjustment, where existing topography, street grades, or other factors preclude elevating by, fill. In such cases, the methods used must be adequate to support the structure as well as withstand the various forces and hazards associated with flooding. All new residential buildings shall be provided with a means of access which will be passable by wheeled vehicles during the 100-year flood.
   3. Non-Residential buildings: All new and substantially improved non-residential buildings shall have the lowest floor (including basement) elevated a minimum of one (1) foot above the 100-year flood level, or together with attendant utility and sanitary systems, be flood proofed to such a level. When flood proofing is utilized, a professional engineer registered in the State of Iowa shall certify that the flood proofing methods used are adequate to withstand the flood depths, pressures, velocities, impact and uplift forces and other factors associated with the 100-year flood; and that the structure, below the 100-year flood level, is water-tight with walls substantially impermeable to the passage of water. A record of the certification indicating the specific elevation (in relation to National Geodetic Vertical Datum) to which any structures are flood proofed shall be maintained by the Planning and Zoning Director.
   4. All New and Substantially Improved Structures:
      1. Fully enclosed areas below the "lowest floor" (not including basements) 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 floodwater. Designs for meeting this requirement must either be certified by a registered professional engineer or meet or exceed the following minimum criteria:
         1. A minimum of two openings having a total net area of not less than one (1) square inch for every one (1) square foot of enclosed area subject to flooding shall be provided,
         2. The bottom of all openings shall be no higher than one (1) foot above grade,
         3. Openings may be equipped with screens, louvers, valves, or other coverings or devices provide that they permit the automatic entry and exit of floodwater. Such areas shall be used solely for parking of vehicles, building access and low damage potential storage.
      2. New and substantially improved structures must be designed (or modified) and adequately anchored to prevent flotation, collapse, or lateral movement of the structure resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy.
      3. New and substantially improved structures must be constructed 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.
   5. Factory-Built Homes:
      1. All factory-built homes, including those placed in existing factory-built home parks or subdivisions, shall be elevated on a permanent foundation such that the lowest floor of the structure is a minimum of one (1) foot above the 100-year flood level.
      2. All factory-built homes, including those places in existing factory-built home parks or subdivisions, shall be anchored to resist flotation, collapse or lateral movement. The following specific requirements (or their equivalent) shall be met:
         1. Over-the-top ties shall be provided at each of the four corners of the factory-built home, with two (2) additional ties per side at intermediate locations and factory-built homes less than fifty (50) feet long requiring one (1) additional tie per side;
         2. Frame ties shall be provided at each corner of the home with five (5) additional ties per side at intermediate points and factory-built homes less than fifty (50) feet long requiring four (4) additional per side;
         3. All components of the anchoring system shall be capable of carrying a force of 4800 pounds;
         4. Any additions to factory-built homes shall be similarly anchored.
   6. Utility and Sanitary Systems:
      1. All new and replacement sanitary systems shall be designed to minimize and eliminate infiltration of flood waters into the system as well as the discharge of effluent into flood waters. Wastewater treatment facilities shall be provided with a level of flood protection equal to or greater than one(]) foot above the 100-year flood elevation.
      2. On-site wastewater disposal systems shall be located or designed to avoid impairment to the system or contamination from the system during flooding.
      3. New or replacement water supply systems shall be designed to minimize or eliminate infiltration of flood waters into the system. Water supply treatment facilities shall be provided with a level of protection equal to or greater than one (1) foot above the 100-year flood elevation.
      4. Utilities such as gas or electrical systems shall be located and constructed to minimize or eliminate flood damage to the system and the risk associated with such flood damaged or impaired systems.
   7. Storage of materials and equipment that are flammable, explosive or injurious to human, animal or plant life is prohibited unless elevated a minimum of one (1) foot above the 100-year flood level. Other material and equipment must either be similarly elevated or:
      1. not be subject to major flood damage and be anchored to prevent movement due to flood waters, or
      2. be readily removable from the area with the time available after flood warning.
   8. Flood control structural works such as levees, flood walls, etc. shall provide, at a minimum, protection from a 100-year flood with a minimum of three (3) feet of design freeboard and shall provide for adequate interior drainage. In addition, structural flood control works shall be approved by the Iowa Department of Natural Resources.
   9. No use shall affect the capacity or conveyance of the channel or floodway of any tributary to the main stream, drainage ditch, or other drainage facility or system.
   10. Subdivisions (including factory-built home parks and subdivisions) shall be consistent with the need to minimize flood damages and shall have adequate drainage provided to reduce exposure to flood damage. Development associated with subdivision proposals shall meet the applicable performance standards. Subdivision proposals intended for residential development shall provide all lots with a means of vehicular access that will remain dry during occurrence of the l00-year flood.
   11. Detached garages, sheds, and similar structures accessory to a residential use are exempt from the 100-year flood elevation requirements where the following criteria are satisfied:
       1. The structure shall not be used for human habitation.
       2. The structure shall be designed to have low flood damage potential.
       3. The structure shall be constructed and placed on the building site so as to offer minimum resistance to the flow of floodwater.
       4. The structure shall be firmly anchored to prevent flotation which may result in damage to other structures.
       5. The structure's service facilities such as electrical and heating equipment shall be elevated or flood proofed to at least one foot above the 100-year flood level.
       6. Exemption from the l00-year flood elevation requirements for such a structure may result in increased premium rates for flood insurance coverage of the structure and its contents.
   12. Recreational vehicles are exempt from the requirements of this Chapter regarding anchoring and elevation of factory-built homes when the following criteria are satisfied.
       1. The recreational vehicle shall be located on the site for less than 180 consecutive days, and,
       2. The recreational vehicle must be fully licensed and ready for highway use. A recreational vehicle is ready for highway use if it has on its wheels or jacking system and is attached to the site only by quick disconnect type utilities and security devices and has no permanently attached additions.
   13. Recreational vehicles that are located on the site for more than 180 consecutive days and are not ready for highway must satisfy requirements of this Chapter regarding anchoring and elevation of factory-built homes.