Auburn City Zoning Code
SCHEDULE OF
DISTRICT REGULATIONS
§ 152.030 GENERALLY.
§ 152.031 AGR AGRICULTURAL RESIDENTIAL.
(A) Intent. The intent of this district is to provide a transition from land used for agriculture to a low density residential use and other urban development. This district permits farm and non-farm dwellings and agricultural uses which are most unlikely to be a nuisance for residential uses.
(B) Permitted principal uses and structure.
(1) Farms, agriculture, excluding feedlots and excluding intensive feeding facilities;
(2) Single-family dwellings;
(3) Ranch and farm dwellings;
(4) The sale and distribution of farm products, produce and machinery that are to be used for farming purposes;
(5) Public uses, including, but not limited to, public parks, playgrounds, golf courses, recreational uses, fire stations, public elementary and high schools, public utilities and utility distribution systems;
(6) Churches, places of worship and cemeteries;
(7) Railroads;
(8) Child care home; and
(9) Animal clinics, animal hospitals, veterinarian services and associated uses.
(C) Permitted accessory uses and structures.
(1) Home occupations, in conformance with § 152.060;
(2) Roadside stands; and
(3) Accessory uses and structures normally appurtenant to the permitted uses and structures when established within the area of the Agricultural District.
(D) Permitted conditional uses. A building or premises may be used for the following in conformance with the conditions prescribed herein;
(1) Bed and breakfast guest home:
(a) Parking, as required in § 152.145;
(b) Signs as required in § 152.111;
(c) A maximum of four rooms or suites of rooms are made available for use as transient lodging; and
(d) The remainder of the dwelling shall be used and owned as a residence by the host family.
(2) Domestic shelter: the maximum number of occupants of the facility shall not exceed one person per 1,000 square feet of lot area; and
(3) Utility substation: provide a fence of chain link type bordering the station with a minimum height of six feet with a barrier guard to prevent encroachment.
(1) Cemeteries, crematories, mausoleum and columbaria;
(2) Child care center;
(3) Airport;
(4) Commercial recreational facilities;
(5) Country club, riding stables;
(6) Nursing and care homes;
(7) Hospitals, penal institutions, sanitariums and other special care facilities;
(8) Wind generating systems;
(9) Golf courses and driving ranges;
(10) Private elementary and high schools;
(11) Communication structures;
(12) Public or private warehouse or storage facilities;
(13) Camping areas; and
(14) Nursery and/or landscape business.
(F) Prohibited uses and structures. All other uses and structures which are not specifically permitted or not permissive as special uses shall be prohibited from the AGR Agriculture Residential District.
Minimum Area Regulations
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Minimum Area Regulations
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Lot requirement | One acre |
Required front yard | 17 feet |
Required rear yard | 50 feet or 20% of lot depth, whichever is less |
Required side yard | 15 feet |
Lot width | 150 feet |
Maximum height of structures: | |
Permitted uses | 35 feet |
(G) Parking regulations. Parking within the AGR Agriculture Residential District shall be in conformance with the provisions of § 152.145.
(H) Sign regulations. Signs within the AGR Agriculture Residential District shall be in conformance with the provisions of § 152.111.
(Prior Code, § 11-402) (Ord. 19-07, passed 9-10-2007)
§ 152.032 R-1 RESIDENTIAL DISTRICT.
(A) Intent. To provide for low density residential uses and several compatible supporting uses in a stable, pleasant environment which encourages family life.
(B) Permitted principle uses and structures:
(1) Single-family dwellings;
(2) Two-family dwellings;
(3) Primary and secondary education;
(4) Public uses, including, but not limited to, public parks, playgrounds, golf courses, recreational uses, fire stations, public elementary and high schools, public utilities and utility distribution systems;
(5) Golf courses and country clubs, except miniature golf courses and driving ranges not located within a golf course;
(6) Child care home; and
(7) No mobile homes shall be permitted or allowed in any area included in the Residential District.
(C) Permitted accessory uses and structures.
(1) Home occupations, in conformance with § 152.060; and
(2) Accessory uses and structures, when established in conformance within the space limits of this district.
(D) Permitted conditional uses. A building or premises may be used for the following in conformance with the conditions prescribed herein:
(1) Bed and breakfast guest home:
(a) Parking, as required in § 152.145;
(b) Signs, as required in § 152.111;
(c) A minimum of four rooms or suites of rooms are made available for use as transient lodging; and
(d) The remainder of the dwelling shall be used and owned as a residence by the host family.
(2) Domestic shelter: the minimum number of occupants of the facility shall not exceed one person per 1,000 square feet of lot area.
(1) Utility substations;
(2) Places of worship such as churches, synagogues and temples; and
(3) Townhouses.
(F) Prohibited uses and structures. All other uses and structures which are not specifically permitted or not permissible as special uses shall be prohibited from the R-1 Residential District.
(G) Height and area regulations. The maximum height and minimum area regulations shall be as follows.
(1) General requirements:
Lot Area (sq. ft.) | Lot Width (ft.) | Required Front Yard (ft.) | Required Side Yard (ft.) | Required Rear Yard (ft.) | Height (ft.) | |
Dwelling, single-family | 7,000 | 50 | 17 | 5 if lot width is less than 70 feet, 10 if lot width is 70 feet to 100 feet and 10% if lot width is greater than 100 feet | Lesser of 25 or 20% of lot depth | 35 |
Dwelling, two-family | 3,500 per family | 25 per family | 17 | 35 | ||
Other permitted uses | 10,000 | 75 | 17 | 35 |
(2) There shall be a required front yard setback of 17 feet on each street side of a double-frontage lot.
(3) Buildings on corner lots shall provide front yard setbacks of 17 feet on both street frontages. The second street frontage front yard setback may be reduced to 15 feet only if further development cannot occur or that adjoining lots would have a setback greater than 15 feet; and designate remaining yards as one rear and one side yard.
(4) Buildings and structures shall not exceed two and one-half stories in height.
(5) The side yard setback between individual units of two-family dwellings may be reduced to zero, if the following condition is met: a one-hour fire rated constructed common wall between units starting at the basement level and continuing through to the roof line is maintained.
(H) Parking regulations. Parking within the R-1 Residential District shall be in conformance with the provisions of § 152.145.
(I) Sign regulations. Signs within the R-1 Residential District shall be in conformance with the provisions of § 152.111.
(Prior Code, § 11-403)
§ 152.033 R-2 RESIDENTIAL DISTRICT.
(A) Intent. To provide for medium density residential uses and several compatible supporting uses in a stable, pleasant environment which encourages family life.
(B) Permitted principal uses and structures.
(1) Single-family dwellings;
(2) Two-family dwellings;
(3) Multi-family dwellings consisting of four units or less;
(4) Townhouses limited to four units or less;
(5) Primary and secondary education;
(6) Public parks, buildings and grounds;
(7) Golf courses and country clubs, except miniature golf courses and driving ranges not located within a golf course;
(8) Child care home; and
(9) No mobile homes shall be permitted or allowed in any area included in the Residential District.
(C) Permitted accessory uses and structures.
(1) Home occupations, in accordance with § 152.060; and
(2) Accessory uses and structures normally appurtenant to the permitted uses and structures, when established in conformance within the space limits of the district.
(D) Permitted conditional uses. A building or premises may be used for the following in conformance with the conditions prescribed herein:
(1) Bed and breakfast guest home:
(a) Parking, as required in § 152.145;
(b) Signs, as required in § 152.111;
(c) A minimum of four rooms or suites of rooms are made available for use as transient lodging; and
(d) The remainder of the dwelling shall be used and owned as a residence by the host family.
(2) Domestic shelters: the maximum number of occupants of the facility shall not exceed one person per 1,000 square feet of lot area.
(1) Nursing and care homes;
(2) Utility substations;
(3) Mausoleum and columbaria;
(4) Places of worship such as churches, synagogues and temples;
(5) Communication and utility uses;
(6) Pre-schools; and
(7) Child care center.
(F) Prohibited uses and structures. All other uses and structures which are not specifically permitted or not permissible as special uses shall be prohibited from the R-2 Residential District.
(G) Height and area regulations. The maximum height and minimum area regulations shall be as follows.
(1) General requirements:
Lot Area (sq. ft.) | Lot Width (ft.) | Required Front Yard (ft.) | Required Side Yard (ft.) | Required Rear Yard (ft.) | Height (ft.) | |
Dwelling, single-family | 7,000 | 50 | 17 | 5 if lot width is less than 70 feet, 10 if lot width is 70 feet to 100 feet and 10% if lot width is greater than 100 feet | Lesser of 25 of 20% of lot depth | 35 |
Dwelling, two-family | 3,500 per family | 25 per family | 17 | |||
Townhouse | 3,500 per family | 50 | 17 | 35 | ||
Multiple-family | 1,500 per family | 50 | 17 | 35 | ||
Other permitted uses | 7,000 | 50 | 17 | 35 |
(2) There shall be a required front yard setback of 17 feet on each street side of a double-frontage lot.
(3) Buildings on corner lota shall provide front yard setbacks of 17 feet on both street frontages. The second street frontage front yard setback may be reduced to 15 feet only if further development cannot occur or that adjoining lots would have a setback greater than 15 feet; and designate remaining yards as one rear and one side yard.
(4) Buildings or structures shall not exceed two and one-half stories in height.
(5) The side yard setback between individual units of two-family dwellings and townhouses may be reduced to zero, if the following conditions are met: a one-hour fire rated construction common wall between units starting at the basement level and continuing through to the roof line is maintained.
(H) Parking regulations. Parking within the R-2 Residential District shall be in conformance with the provisions of § 152.145.
(I) Sign regulations. Signs within the R-2 Residential District shall be in conformance with the provisions of § 152.111.
(Prior Code, § 11-404)
§ 152.034 R-3 RESIDENTIAL DISTRICT.
(A) Intent. To provide for high density residential uses and several compatible supporting uses in a stable, pleasant environment which encourages family life.
(B) Permitted principal uses and structures.
(1) Single-family dwellings;
(2) Two-family dwellings;
(3) Townhouses;
(4) Multi-family dwellings;
(5) Public parks, buildings and grounds;
(6) Child care home; and
(7) No mobile homes shall be permitted or allowed in any area included in the residential district.
(C) Permitted accessory uses and structures.
(1) Home occupations, in accordance with § 152.060; and
(D) Permitted conditional uses. A building or premises may be used for the following in conformance with the conditions prescribed herein:
(1) Bed and breakfast guest home:
(a) Parking, as required in § 152.145;
(b) Signs, as required in § 152.111;
(c) A minimum of four rooms or suites of rooms are made available for use as transient lodging; and
(d) The remainder of the dwelling shall be used and owned as a residence by the host family.
(2) Domestic shelter: the minimum number of occupants of the facility shall not exceed one person per 750 square feet of lot area.
(1) Nursing and care homes;
(2) Utility substations;
(3) Mausoleum and columbaria;
(4) Places of worship such as churches, synagogues and temples;
(5) Communication and utility uses;
(6) Pre-schools; and
(7) Child care center.
(F) Prohibited uses and structures. All other uses and structures which are not specifically permitted or not permissible as special uses shall be prohibited from the R-3 Residential District.
(G) Height and area regulations. The maximum height and minimum area regulations shall be as follows:
(1) General requirements:
Lot Area (sq. ft.) | Lot Width (ft.) | Required Front Yard (ft.) | Required Side Yard (ft.) | Required Rear Yard (ft.) | Height (ft.) | |
Dwelling, single-family | 5,000 | 50 | 17 | 5 if lot width is less than 70 feet, 10 if lot width is 70 feet to 100 feet and 10% if lot width is greater than 100 feet | 20 | 35 |
Dwelling, two-family | 2,500 per family | 25 per family | 17 | 20 | 35 | |
Dwelling, multiple-family | 1,500 per family | 50 | 17 | 20 | 35 | |
Other permitted uses | 1,500 | 50 | 17 | 20 | 35 |
(2) There shall be a required front yard setback of 20 feet on each street side of a double-frontage lot.
(3) Building on corner lots shall provide a second frontage on the street side of not less than 15 feet; provided that, the buildable width need not be reduced to less than 28 feet, yards remaining shall be designated side yards each with a minimum of five feet in depth.
(4) Buildings or structures shall not exceed three stories in height.
(H) Parking regulations. Parking within the R-3 Residential District shall be in conformance with the provisions of § 152.145.
(I) Sign regulations. Signs within the R-3 Residential District shall be in conformance with the provisions of § 152.111.
(Prior Code, § 11-405)
§ 152.035 R-4 RESIDENTIAL DISTRICT.
(A) Intent. To provide for the development of higher density residential areas and mobile home parks and areas where individuals may purchase lots and attach mobile homes.
(B) Permitted principal uses and structures.
(1) Mobile homes for residential purposes;
(2) Single-family dwellings;
(3) Two-family dwellings;
(4) Townhouses;
(5) Multi-family dwellings;
(6) Public parks, buildings and grounds; and
(7) Child care home.
(C) Permitted accessory uses and structures.
(1) Home occupations, in accordance with § 152.060; and
(D) Permitted conditional uses. A building or premises may be used for the following in conformance with the conditions prescribed herein:
(1) Bed and breakfast guest home:
(a) Parking, as required in § 152.145;
(b) Signs, as required in § 152.111;
(c) A maximum of four rooms or suites of rooms are made available for use as transient lodging;
(d) The remainder of the dwelling shall be used and owned as a residence by the host family.
(2) Domestic shelter: the maximum number of occupants of the facility shall not exceed one person per 750 square feet of lot area.
(1) Mobile home parks;
(2) Nursing and care homes;
(3) Utility substations;
(4) Places of worship such as churches, synagogues and temples;
(5) Communication and utility uses;
(6) Pre-schools; and
(7) Child care center.
(F) Prohibited uses and structures. All other uses and structures which are not specifically permitted or not permissible as special uses shall be prohibited from the R-4 Residential District.
(G) Height and area regulations. The maximum height and minimum area regulations shall be as follows:
(1) General requirements:
Lot Area (sq. ft.) | Lot Width (ft.) | Required Front Yard (ft.) | Required Side Yard (ft.) | Required Rear Yard (ft.) | Height (ft.) | |
Mobile home | 4,400 | 40 | 17 | 5 if lot width is less than 70 feet, 10 if lot width is 70 feet to 100 feet and 10% if lot width is greater than 100 feet | 20 | 35 |
Dwelling, single-family | 4,400 | 40 | 17 | 20 | 35 | |
Dwelling, two-family | 2,200 per family | 20 per family | 17 | 20 | 35 | |
Multiple-family | 1,200 per family | 40 | 17 | 20 | 35 | |
Other permitted uses | 4,400 | 40 | 17 | 20 | 35 |
(2) There shall be a required front yard setback of 17 feet on each street side of a double-frontage lot.
(3) Buildings on corner lots shall provide a second frontage on the street side of not less than 15 feet; provided that, the buildable width need not be reduced to less than 28 feet, yards remaining shall be designated side yards each with a minimum of five feet in depth.
(4) Buildings or structures shall not exceed three stories in height.
(5) (a) Mobile home parks shall have a minimum tract area of two acres.
(b) Each mobile home park shall be designed in accordance with the following minimum design standards.
1. Minimum design standards.
a. The park shall be located on a well-drained site, properly graded to ensure rapid drainage and freedom from stagnant pools of water.
b. Mobile home parks hereafter approved shall have a maximum density of seven mobile homes per gross acre and minimum area of 4,400 square feet shall be provided for each mobile home space.
c. Each mobile home space shall be at least 40 feet wide at the front setback line and clearly defined.
d. Mobile homes shall be located on each space so as to maintain a setback of no less than 17 feet from any public street, highway right-of-way or R-4 Residential District boundary; as to maintain a setback of no less than 20 feet from the edge of a park roadway or sidewalk; as to maintain a setback of no less than 20 feet or 20% of lot depth from a rear boundary line, whichever is smaller, of a mobile home space when the boundary line is not common to any public street, highway right-of-way or R-4 Residential District boundary; and as to maintain a setback of no less than five feet from any side boundary line of a mobile home space.
e. All mobile homes shall be so located to maintain a clearance of not less than 20 feet from another mobile home and as to maintain a clearance of not less than 15 feet between any mobile home and any appurtenance to a mobile home.
f. All mobile home spaces shall front upon a private roadway of not less than 24 feet in width, including curbs on each side; provided, however, that, no on-street parking is permitted. If parallel parking is permitted on one side of the street, the width shall be increased to 32 feet. All roadways shall have unobstructed access to a public street.
g. Common walks shall be provided in locations where pedestrian traffic is concentrated; for example, to the entrance and to the office and other important facilities. Common walks should preferably be through interior areas removed from the vicinity of streets.
h. All roadways and sidewalks within the mobile home park shall be constructed in accordance with city standards and shall be adequately lighted at night. A street must be completely constructed prior to the occupancy of any mobile home space fronting on the street.
i. A community building may be provided which may include recreation facilities, laundry facilities, storm shelter and other similar uses.
j. Each mobile home shall devote a minimum of 100 square feet per mobile home space for recreational area. Individual recreational areas shall not be less than 5,000 square feet and required setbacks, roadways and off-street parking spaces shall not be considered as recreational space. A minimum of 50% of the recreational facilities shall be constructed prior to the development of one-half of the project and all recreational facilities shall be constructed by the time the project is 75% complete.
k. A landscape buffer shall be provided not less than 15 feet in width and the landscape buffer shall be planted with coniferous and deciduous plant material along all edges of the mobile home park so as to provide proper screening for the park. The landscape buffer shall be properly policed and maintained by the owner.
l. Each mobile home space shall be provided with paved patio or equivalent, other than parking space, of not less than 100 square feet. The paved surface shall be of asphalt, concrete or precast concrete blocks. No open storage of any unsightly material shall be permitted within the mobile home park and the space beneath the mobile home shall be considered as open storage.
2. Water supply.
a. All mobile home parks shall be connected to a public water supply.
b. The individual water service connection shall be provided at each mobile home space and the size, location and installation of water lines shall be in accordance with the requirements of the City Plumbing Code.
3. Sewage disposal. Individual sewer connections shall be provided for each mobile home space and shall be installed in accordance with the City Plumbing Code. All mobile home parks shall be connected to a public sewer system.
4. Tie downs and ground anchors. All mobile homes shall be secured to the ground by tie downs and ground anchors in accordance with standards of the State Department of Health.
5. Blocking. All mobile homes shall be blocked at a minimum of ten-foot centers around the perimeter of each mobile home, and this blocking shall provide 16 inches by 16 inches bearing upon the stand.
6. Pad requirements. Shall be a flexible surface with a minimum of five-inch thick gravel, stone or compacted surface, treated to discourage plant growth, constructed to discharge water and edged to prohibit fraying or spreading of surfacing materials, or shall be a hard surface of a minimum of two 18-inch wide concrete ribbons or slabs capable of carrying the weight and of sufficient length to support all blocking points of the mobile home.
7. Fire safety standards. When liquified petroleum gas is used in a mobile home park, containers for the gas shall not hold more than 25-gallon water capacity, shall be the liquified petroleum gas containers approved by the United States Commerce Commission for its intended purpose, and shall be attached to the mobile home in a manner approved by the Liquified Petroleum Gas Association.
8. Skirting. Each mobile home shall be skirted within 30 days after placement in the park by enclosing the open area under the unit with a material that is compatible with the exterior finish of the mobile home and is consistent with the quality of development of the park.
9. Mobile home park application requirements.
a. An applicant for a mobile home park in the R-4 Residential District shall prepare, or cause to be prepared, a preliminary mobile home park plan, drawn to a scale of not less than one inch equals 100 feet and 15 copies of the plan shall be submitted to the Planning Commission for its review and recommendations. The plan shall be designed in accordance with the minimum design standards of these regulations, 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 recommendations shall be forwarded to the City Council for their review and final action.
c. Any substantial deviation from the approved plan, as determined by the Building Inspector, shall constitute a violation of the zoning certificate authorizing construction of the project. Changes in plans shall be resubmitted for reconsideration and approval by the Planning Commission and City Council.
(H) Parking regulations. Parking within the R-4 Residential District shall be in conformance with the provisions of § 152.145.
(I) Sign regulations. Signs within the R-4 Residential District shall be in conformance with the provisions of § 152.111.
(Prior Code, § 11-406)
§ 152.036 C-1 CENTRAL COMMERCIAL DISTRICT.
(A) Intent. This district is designed to provide for a wide range of retail, office, amusement and service uses normally found in a central business district. Highest density and intensity of use is permitted in this district
(B) Permitted principle uses and structure.
(1) Apartments on floors other than ground floors;
(2) Automobile sales and services;
(3) Automotive wash facilities;
(4) Bakery;
(5) Banks, savings and loan associations, credit unions and finance companies;
(6) Barbershops, beauty parlors and shoeshine shops;
(7) Business offices;
(8) Commercial recreation facilities (bowling alleys, miniature golf courses and similar uses);
(9) Detached banking facilities;
(10) Dry cleaning or laundry establishments;
(11) Food service, restaurants and taverns;
(12) Food storage lockers;
(13) Funeral homes and mortuaries;
(14) Garden centers;
(15) Messenger and telegraph stations;
(16) Motels and hotels;
(17) Museums and art galleries;
(18) Office buildings;
(19) Parking lots, parking garages and other off-street parking facilities;
(20) Personal and professional services;
(21) Photography studios;
(22) Private schools, including but not limited to business or commercial schools, dance or music academies and nursery pre-schools;
(23) Public and private charitable institutions;
(24) Public and quasi-public uses of an educational, recreational or religious type including pre-schools, public and parochial elementary schools and junior high schools, high schools; private non-profit schools, churches, parsonages and other religious institutions, parks and playgrounds;
(25) Public uses of an administrative, public service or cultural type including city, county, state or federal administrative centers and courts, libraries, police and fire stations and other public buildings, structures and facilities;
(26) Public utility facilities;
(27) Sales and showrooms, including service facilities and rental of equipment; provided, all displays and merchandise are within the enclosure walls of the buildings;
(28) Service stations;
(29) Stores or shops for the sale of goods at retail;
(30) Temporary shelter for homeless;
(31) Theaters;
(32) Mini-warehouse; and
(33) Farm supplies-retail.
(C) Permitted accessory uses. The following accessory uses and structures shall be permitted:
(1) Accessory uses and structures normally appurtenant to permitted uses and structures, when established in conformance within the space limits of the district; and
(2) Home occupations, in conformance with § 152.060
(D) Permitted conditional uses. A building or premises may be used for the following in conformance with the conditions prescribed herein:
(1) Single-family dwelling; provided, the dwelling meets maximum height and minimum area regulations m the R-2 Residential District;
(2) Two-family dwelling; provided, the dwelling meets maximum height and minimum area regulations in the R-2 Residential District; and
(3) Multiple-family dwellings:
(a) Provided, the dwelling meets maximum height and minimum area regulations in the R-2 Residential District; and
(b) Provided, a minimum of two off-street parking spaces for each unit.
(1) Child care homes and centers;
(2) Recycling center; and
(3) Apartments on ground floor.
(F) Prohibited uses and structures. All uses and structures which are not specifically permitted as special uses shall be prohibited from the C-1 Central Commercial District.
(G) Height and area regulations. The maximum height and minimum area regulations shall be as follows:
Lot Area (sq. ft.) | Lot Width (ft.) | Required Front Yard (ft.) | Required Side Yard (ft.) | Required Rear Yard (ft.) | Heigh (ft.)t | |
Other permitted uses | 3,500 | 25 | 0 | 0, 10 when abutting a residential district | 0 | 35 |
Dwelling, single-family | 7,000 | 50 | 17 | 5 if lot width is less than 70 feet, 10 if lot width is 70 feet to 100 feet and 10% if lot width is greater than 100 feet | Lesser of 25 or 20% of lot depth | 35 |
Dwelling, two-family | 3,500 per family | 25 per family | 17 | 35 | ||
Dwelling, multiple-family | 1,500 per family | 50 | 17 | 35 | ||
Apartments above ground floor | 1,750 per unit | 25 | 0 | 0, 10 when abutting a residential district | 35, including ground floor |
(H) Parking regulations. Parking within the C-1 Central Commercial District shall be in conformance with the provisions of § 152.145.
(I) Sign regulations. Signs within the C-1 Central Commercial District shall be in conformance with the provisions of § 152.111.
(Prior Code, § 11-407)
§ 152.037 C-R COMMERCIAL/RESIDENTIAL DISTRICT.
(A) Intent. To provide for the trade, service, cultural and recreational uses which are appropriate to be developed in conjunction with a highway or major street and offer a desired convenience in location and accessibility to the motoring public and allow for single- and multi-family dwelling units.
(B) Permitted principle uses and structures.
(1) ATM;
(2) Automobile sales;
(3) Automotive wash facilities;
(4) Construction sales and services;
(5) Commercial recreation facilities (bowling alleys, miniature golf courses and similar uses);
(6) Detached banking facilities;
(7) Farm implement sales and services;
(8) Finance, insurance and real estate services;
(9) Food service, restaurants and taverns;
(10) Freight terminals;
(11) Garden centers and nurseries;
(12) Mini-warehouses;
(13) Mobile and modular home sales;
(14) Motels and hotels;
(15) Museums and art galleries;
(16) Public and private charitable institutions;
(17) Public and quasi-public uses of an educational, recreational or religious type including public and parochial elementary schools and junior high schools, high schools; private non-profit schools, churches, parsonages and other religious institutions; parks and playgrounds;
(18) Public uses of an administrative, public service or cultural type including city, county, state or federal administrative centers and courts, libraries, police and fire stations and other public buildings, structures and facilities;
(19) Residential single- and multi-family dwelling units;
(20) Service stations and convenience stores;
(21) Stores or shops for the sale of goods at retail;
(22) Temporary shelter for homeless;
(23) Theaters;
(24) Transportation warehousing;
(25) Veterinary services; and
(26) Wholesale sales and services.
(C) Permitted accessory uses and structures. Accessory uses normally appurtenant to the permitted principal uses and structures when established in conformance within the space limits of this district.
(1) Campgrounds;
(2) Pre-school; and
(3) Recycling center.
(E) Prohibited uses and structures. All uses and structures which are not specifically permitted as special uses shall be prohibited from the C-R Commercial/Residential District.
(F) Height and area regulations. The maximum height and minimum area regulations shall be as follows:
Lot Area (sq. ft.) | Lot Width (ft.) | Required Front Yard (ft.) | Required Side Yard (ft.) | Required Rear Yard (ft.) | Height (ft.) | |
Permitted uses | 7,000 | 50 | 17 | 0 | 25 | 35 |
(G) Screening. A solid or semi-solid fence or wall at least six feet, but not more than eight feet high or a ten-foot landscape buffer consisting of trees, shrubs and evergreens, shall be provided adjacent to any adjoining residential district; however, in the event the adjacent residential district and the commercial development are separated by a street right-of-way, the fence, wall or landscape buffer shall not be required. All fences, walls or buffers shall be maintained by the owner or owners of this property in the C-R District.
(H) Parking regulations. Parking within the C-R Commercial/Residential District shall be in conformance with the provisions in § 152.145.
(I) Sign regulations. Signs within the C-R Commercial/Residential District shall be in conformance with the provisions in § 152.111.
(Prior Code, § 11-408)
§ 152.038 M INDUSTRIAL DISTRICT.
(A) Intent. The intent of this district is to provide locations for all manufacturing, warehousing and distribution industries. Commercial uses permitted in this district are generally those which serve the convenience of industrial establishments and their employees.
(B) Permitted principle uses and structures.
(1) Agriculture, excluding the development of or expansion of existing intensive livestock operational facility;
(2) Animal hospitals;
(3) Automobile and truck sales and services;
(4) Automotive wash facilities;
(5) Blacksmithing and welding shops;
(6) Bottling works;
(7) Building material sales, except for ready-mix concrete plants and similar uses which emit particulate, odor or smoke;
(8) Carpenter, cabinet, plumbing or sheet metal shops;
(9) Carpet and rug cleaning and repair services;
(10) Construction sales and services;
(11) Disinfecting and exterminating services;
(12) Dry cleaning, laundering and dyeing services;
(13) Dyeing and finishing of textiles;
(14) Educational and scientific research services;
(15) Electrical sales and services;
(16) Equipment rental and leasing services;
(17) Farm machinery and equipment - retail;
(18) Farm supplies - retail;
(19) Feeds, grains and hay - retail;
(20) Food lockers and storage services;
(21) Foundries;
(22) Freight forwarding services;
(23) Furniture repair and reupholster services;
(24) Fur repair and storage services;
(25) Gas and petroleum field services;
(26) Garden centers and nurseries;
(27) Gas utility maintenance yard;
(28) Harvesting services;
(29) Irrigation equipment sales and manufacture;
(30) Landscape sales and services;
(31) Machinery sales and storage lots;
(32) Mobile and modular home sales and manufacturing;
(33) Newspaper publishing plants and commercial printing;
(34) Outdoor advertising services;
(35) Photoengraving;
(36) Photofinishing services;
(37) Public and quasi-public uses of an educational, recreational or religious type including public and parochial elementary schools and junior high schools, high schools; private non-profit schools, churches, parsonages and other religious institutions; parks and playgrounds;
(38) Public utility and public service uses;
(39) Radios, televisions, phonographs, recorders, tape players and other similar devices repair services;
(40) Recycling centers;
(41) Road maintenance yards;
(42) Service stations;
(43) Stores or shops for the sale of industry goods at retail;
(44) Telephone services;
(45) Transportation warehousing;
(46) Truck wash services;
(47) Veterinarian services;
(48) Warehousing and storage except for products of a highly explosive, combustible or volatile nature;
(49) Water well, drilling services;
(50) Wholesale establishments, except those which handle products of a highly explosive, combustible or volatile nature; and
(51) Mini-warehouse.
(C) Permitted accessory uses and structures. Accessory uses normally appurtenant to the permitted principal uses and structures when established in conformance within the space limits of this district: the retail sale of a product produced on the premises when the production is the principal activity on the site.
(D) Permitted conditional uses. A building or premises may be used for the following in conformance with the conditions prescribed herein:
(1) Motor vehicle body shop:
(a) Provided that, all outdoor storage of materials and motor vehicles determined by the Zoning Administrator to be a safety hazard or visual blight shall be screened from public view and access from an adjacent arterial streets and all zoning districts other than Industrial Districts by a solid or semi-solid fence having a minimum height of six feet and a visual density of no less than 50%; and
(b) Provided that, no more than four wrecked, scrapped or inoperable motor vehicles be on the premises for parts for sale or reuse at the same time.
(2) Motor vehicle repair service: provided that, all outdoor storage of materials and motor vehicles determined by the Zoning Administrator to be a safety hazard or visual blight shall be screened from public view and access from an adjacent arterial streets and all zoning districts other than Industrial Districts by a solid or semi-solid fence having a minimum height of six feet and a visual density of no less than 50%;
(3) Motor vehicle storage yard (excluding salvage operations): provided that, all vehicles shall be screened from public view and access from adjacent arterial streets and from all zoning districts other than industrial districts by a solid fence having a minimum height of six feet and a visual density of no less than 50%;
(4) Salvage yards, subject to the following:
(a) Located on a tract of land at least 300 feet from a residential district zone;
(b) The operation shall be conducted wholly within a noncombustible building or within an area completely surrounded on all sides by a fence or wall at least eight feet high. The fence or wall, having a visual density of uniform texture and color, shall be so maintained by the proprietor as to ensure maximum safety to the public and obscure the junk from normal view of the public. The fence or wall shall be installed in a manner as to retain all scrap, junk or other material within the yard;
(c) No junk shall be loaded, unloaded or otherwise placed either temporarily or permanently outside the enclosed building, fence or wall, or within the public right-of-way;
(d) Burning of paper, trash, junk or other waste materials shall be prohibited; and
(e) No junk, salvage, scrap or other materials shall be piled or stacked higher than the top of the required fence or wall.
(5) Child care center: provided, the center conforms and complies with the provisions of § 152.162.
(1) Agricultural equipment manufacturing;
(2) Alfalfa dehydrating mills;
(3) Animal rendering;
(4) Bulk petroleum storage wholesale;
(5) Cold storage plants;
(6) Expansion of nonconforming use;
(7) Explosives - manufacturing;
(8) Grain elevators;
(9) Gravel, stone and sand quarrying;
(10) Industrial wastes disposals;
(11) Livestock - wholesale;
(12) Manufacturing, fabricating or processing operations, not elsewhere listed which may be noxious or offensive by reason of vibration, noise, dust, fumes, gas, odor or smoke;
(13) Meat packing plants;
(14) Petroleum and natural gas refining and processing;
(15) Pre-schools;
(16) Radio and television transmitting stations and towers;
(17) Refuse incineration;
(18) Ready mix concrete and asphalt mix plants;
(19) Seed cleaning and processing;
(20) Single-family dwellings;
(21) Solid waste transfer stations;
(22) Stockyards and slaughter houses; and
(23) Storage of bulk oil, gas and explosives.
(F) Prohibited uses and structures. Uses and structures which are not specifically permitted or not permissible as special uses shall be prohibited from the M Industrial District.
(G) Height and area regulations. The maximum height and minimum area regulations shall be as follows:
Lot Area (sq. ft.)
|
Lot Width (ft.)
|
Required Front Yard (ft.)
|
Required Side Yard (ft.)
|
Required Rear Yard (ft.)
|
Height (ft.)
|
Maximum Lot Coverage
| |
Permitted uses | None | 75 | 17 | 5, 10 when abutting or across an alley from residential district | 0, 10 when abutting or across an alley from residential district | 50 | 75% |
(H) Landscaping/screening.
(1) A solid or semi-solid fence or wall at least six feet, but not more than eight feet high or a ten-foot landscape buffer consisting of trees, shrubs and evergreens, shall be provided adjacent to any adjoining residential district; however, in the event the adjacent residential district and the industrial district are separated by a street right-of-way, the fence, wall or landscape buffer shall not be required.
(2) All fences, walls or buffers shall be maintained by the owner or owners of this property in the M Industrial District.
(I) Parking regulations. Parking within the M Industrial District shall be in conformance with the provisions of § 152.145.
(J) Sign regulations. Signs within the I-2 Heavy Industrial District shall be in conformance with the provisions of § 152.111.
(Prior Code, § 11-409)
§ 152.039 FP FLOOD PLAIN DISTRICT.
(A) Amending statutory authorization, findings of fact and purposes.
(1) Statutory authorization. The Legislature of the State of Nebraska has in Neb RS 31-1001 to 31-1022 (R.R.S. 1943, as amended), assigned the responsibility to local governmental units to adopt floodplain management regulations designed to protect the public health, safety and general welfare. Therefore, the Mayor and Council of the City of Auburn, Nebraska ordains as follows.
(2) Findings of fact.
(a) Flood losses resulting from periodic inundation. The flood hazard areas of The City of Auburn, Nebraska, are subject to inundation which results in loss of life and property, health and safety hazards, disruption of commerce and governmental services, 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.
(b) General causes of the flood losses. These flood losses are caused by:
1. The cumulative effect of obstructions in floodplains causing increases in flood heights and velocities;
2. The occupancy of flood hazard areas by uses vulnerable to floods or hazardous to others, which are inadequately elevated or otherwise unprotected from flood damages.
(3) Statement of purpose. It is the purpose of this section to promote the public health, safety, and general welfare and to minimize those losses described in division (A)(2)(a) above by applying the provisions of this section to:
(a) 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.
(b) Require that uses vulnerable to floods, including public facilities, which serve such uses, be provided with flood protection at the time of initial construction.
(c) Protect individuals from buying lands which are unsuited for intended purposes because of flood hazard.
(d) Assure that eligibility is maintained for property owners in the community to purchase flood insurance in the National Flood Insurance Program.
(B) Local administrator responsibilities. The Zoning Commissioner hereby has these added responsibilities and is authorized and directed to enforce all of the provisions of this section and all other ordinances of the city now in force or hereafter adopted, related to zoning, subdivision or building codes.
(C) Local administrator additional responsibilities. The Zoning Commissioner's appointment shall continue during good behavior and satisfactory service. During temporary absence or disability of the Zoning Commissioner, the governing body of the city shall designate an acting administrator.
(D) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
100-YEAR FLOOD. The condition of flooding having a 1% chance of annual occurrence.
APPURTENANT STRUCTURE. A structure on the same parcel of property as the principal structure, the use of which is incidental to the use of the principal structure.
BASE FLOOD. The flood having 1% chance of being equaled or exceeded in any given year.
BASEMENT. Any area of the building having its floor subgrade (below ground level) on all sides.
DEVELOPMENT. Any man-made change to improved or unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations or storage of equipment or materials.
EXISTING MANUFACTURED HOME PARK or SUBDIVISION. A manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including, at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is complete before the effective date of the floodplain management regulations adopted by a community.
EXPANSION OF EXISTING MANUFACTURED HOME PARK or SUBDIVISION. The preparation of additional sites by the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads).
FLOOD. A general and temporary condition of partial or complete inundation of normally dry land areas from: (1) The overflow of inland or tidal waters. (2) The unusual and rapid accumulation of runoff of surface waters from any source.
FLOOD INSURANCE RATE MAP (FIRM). An official map of a community, on which the administrator has delineated both the special flood hazard areas and the risk premium applicable to the community.
FLOODPLAIN. Any land area susceptible to being inundated by water from any source (see definition of flooding).
FLOODPROOFING. Any combination of structural and non-structural additions, changes or adjustments to structures which reduce or eliminate flood damage to real estate or improved real property, water and sanitary facilities, structures and their contents.
FLOODWAY. The channel of the river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than a designated height.
HISTORIC STRUCTURE. Any structure that is:
(a) Listed individually in the National Register of Historic Places (a listing maintained by the Department of Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register;
(b) Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district;
(c) Individually listed on a state inventory of historic places in states with historic preservation programs which have been approved by the Secretary of the Interior; or
(d) Individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified either:
1. By an approved state program as determined by the Secretary of the Interior; or
2. Directly by the Secretary of the Interior in states without approved programs.
LOWEST FLOOR. 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 non-elevation design requirements of this section.
MANUFACTURED HOME. 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 attached to the required utilities. The term MANUFACTURED HOME does not include a recreational vehicle.
MANUFACTURED HOME PARK or SUBDIVISION. A parcel (or contiguous parcels) of land divided into two or more manufactured home lots for rent or sale.
NEW CONSTRUCTION. For floodplain management purposes, NEW CONSTRUCTION means structures for which the start of construction commenced on or after the effective date of the floodplain management regulation adopted by a community and includes any subsequent improvements to such structures.
NEW MANUFACTURED HOME PARK or SUBDIVISION. A manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including at a minimum the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed on or after the effective date of floodplain management regulations adopted by a community.
PRINCIPALLY ABOVE GROUND. At least 51% of the actual cash value of the structure is above ground.
RECREATIONAL VEHICLE. A vehicle which is (i) built on a single chassis; (ii) 400 square feet or less when measured at the largest horizontal projection; (iii) designed to be self-propelled or permanently towable by a light duty truck; and (iv) designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use.
REGULATORY FLOOD ELEVATION. The water surface elevation of the 100-year flood.
SPECIAL FLOOD HAZARD AREA. The land in the floodplain within a community subject to 1% or greater chance of flooding in any given year.
START OF CONSTRUCTION. [For other than new construction or substantial improvements under the coastal Barrier Resources Act (Pub. L. 97-348)] includes substantial improvement, and means the date the building permit was issued, provided the actual start of construction, repair, reconstruction, rehabilitation, addition, 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 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. For a substantial improvement, the actual start of construction means the first alteration of any wall, ceiling, floor, or other structural part of a building, whether or not the alteration affects the external dimensions of the building.
STRUCTURE. A walled and roofed building that is principally above ground, as well as a manufactured home, and a gas or liquid storage tank that is principally above ground.
SUBSTANTIAL DAMAGE. Damage of any origin sustained by a structure whereby the cost of restoring the structure to its before-damaged condition would equal or exceed 50% of the market value of the structure before the damage occurred.
SUBSTANTIAL IMPROVEMENT. Any reconstruction, rehabilitation, addition, or other improvement of a structure, the cost of which equals or exceeds 50% of the market value of the structure before “start of construction” of the improvement. This includes structures which have incurred
“substantial damage,” regardless of the actual repair work performed. The term does not, however, include either (1) any project for improvement of a structure to correct existing violations of state or local health, sanitary, or safety code specifications which have been identified by the local code enforcement official and which are the minimum necessary to assure safe living conditions, or (2) any alteration of a “historic structure,” provided that the alteration will not preclude the structure's continued designation as a “historic structure.”
VARIANCE. A grant of relief to a person from the terms of a floodplain management ordinance.
VIOLATION. The failure of a structure or other development to be fully compliant with the community's floodplain management regulations.
(E) Designation of current FHBM/FIRM. The governing body of the city hereby designates the current Flood Hazard Boundary Map/Flood Insurance Rate Map dated 7-15-2009, as the official map to be used in determining those areas of special flood hazard.
(F) Permits required. No person, firm or corporation shall initiate any floodplain development or substantial improvement or cause the same to be done without first obtaining a separate permit for development as defined in this section.
(1) When separate permits needed. Within special flood hazard areas on the official map, separate floodplain development permits are required for all new construction, substantial improvements and other developments, including the placement of manufactured homes.
(2) Application. To obtain a floodplain development permit, the applicant shall first file an application therefore in writing on a form furnished for that purpose. Every such application shall:
(a) Identify and describe the development to be covered by the floodplain development permit for which application is made.
(b) Describe the land on which the proposed development 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 development.
(c) Indicate the use or occupancy for which the proposed development 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) Within designated floodplain areas, be accompanied by elevations of the lowest floor, including basement, or in the case of floodproofed non-residential structures, the elevation to which it shall be floodproofed. Documentation or certification of such elevations will be maintained by the Zoning Commissioner.
(g) Give such other information as reasonably may be required by the Zoning Commissioner (i.e., require a statement from the applicant that they are aware that elevating or floodproofing structures above the minimum levels will result in premium reduction, especially in the case of non-residential floodproofing when a minus one-foot penalty is assessed at the time of rating the structure for the policy premium.)
(G) Development permit applications review. The Zoning Commissioner shall review all development permit applications to determine if the site of the proposed development is reasonably safe from flooding and that all necessary permits have been received as required by federal or state law.
(H) All applications review (see section 21). The Zoning Commissioner, in reviewing all applications for new construction, substantial improvements, prefabricated buildings, placement of manufactured homes and other development(s) (as defined in Section 21 of the floodplain ordinance) will:
(1) Obtain, review and reasonably utilize, if available, any regulatory flood elevation data and floodway data available from federal, state or other sources, until such other data is provided by the Federal Insurance Administration in a Flood Insurance Study; and require within special flood hazard areas on the official map that the following performance standards be met:
(a) Floodway designated. That until a floodway has been designated, no development or substantial improvement may be permitted within the identified floodplain unless the applicant has demonstrated that the proposed development or substantial improvement, when combined with all other existing and reasonably anticipated developments or substantial improvements, will not increase the water surface elevation of the 100-year flood more than one foot at any location.
(b) Residential construction. New construction or substantial improvement of any residential structure shall have the lowest floor, including basement, elevated at least one foot above the base flood elevation.
(c) Non-residential construction. New construction or substantial improvement of any commercial, industrial or other non-residential structure shall either have the lowest floor, including basement, elevated at least 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 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. A registered professional engineer or architect shall certify that the standards of this subsection are satisfied. Such certification shall be provided to the local administrator.
(d) Require for all new construction and substantial improvements. That fully enclosed areas below the lowest floor that are usable solely for parking of vehicles, building access or storage in an area other than a basement and which 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 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. The bottom of all openings shall be no higher than one foot above grade. Openings may be equipped with screens, louvers, valves, or other coverings or devices provided that they permit the automatic entry and exit of floodwaters.
(2) Require the use of construction materials that are resistant to flood damage.
(3) Require the use of construction methods and practices that will minimize flood damage.
(4) Require that new structures 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.
(5) New structures 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.
(6) Assure that all manufactured homes shall be anchored to resist flotation, collapse, or lateral movement. Manufactured homes must be anchored in accordance with state laws, local building codes and 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 manufactured home with two additional ties per side at the intermediate locations and manufactured 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 manufactured 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.
(d) Any additions to manufactured homes be similarly anchored.
(7) Assure that all manufactured homes that are placed or substantially improved within special flood hazard areas on the community's official map on sites:
(a) Outside of a manufactured home park or subdivision;
(b) In a new manufactured home park or subdivision;
(c) In an expansion to an existing manufactured home park or subdivision; or
(d) In an existing manufactured home park or subdivision on which a manufactured home has incurred "substantial damage" as the result of a flood, be elevated on a permanent foundation such that the lowest floor of the manufactured home is elevated at least one foot above the base flood elevation and be securely anchored to an adequately anchored foundation system in accordance with the provisions of division (H)(6).
(8) Assure that manufactured homes to be placed or substantially improved on sites in an existing manufactured home park or subdivision within special flood hazard areas on the community's official map that are not subject to the provisions of division (H)(7) be elevated so that either:
(a) The lowest floor of the manufactured home is at least one foot above the base flood elevation, or
(b) The manufactured home chassis is supported by reinforced piers or other foundation elements of at least equivalent strength that are no less than 36 inches in height above grade and be securely anchored to an adequately anchored foundation system in accordance with the provisions of division (H)(6).
(9) Require that recreational vehicles placed on sites within the identified special flood hazard areas on the community's official map either (i) be on the site for fewer than 180 consecutive days, (ii) be fully licensed and ready for highway use, or (iii) meet the permit requirements and the elevation and anchoring requirements for "manufactured homes" of this section. A recreational vehicle is ready for highway use if it is on its wheels or jacking system is attached to the site only by quick disconnect type utilities and security devices, and has no permanently attached additions.
(10) Appurtenant structures used exclusively for storage of motor 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 and provided no utilities are installed in the structure except elevated or flood proofed electrical fixtures. If the structure is converted to another use, it must be brought into full compliance with the minimum standards governing such use.
(I) Subdivision applications. The governing body of the city shall review all subdivision applications and other proposed new developments (including manufactured home parks or subdivisions) and shall make findings of fact and assure that:
(1) All such proposed developments are consistent with the need to minimize flood damage.
(2) Subdivision proposals and other proposed new developments (including proposals for manufactured home parks and subdivisions), greater than five acres or 50 lots, whichever is lesser, include within such proposals regulatory flood elevation data in special flood hazard areas.
(3) Adequate drainage is provided so as to reduce exposure to flood hazards.
(4) All public utilities and facilities are located so as to minimize or eliminate flood damage.
(J) Water and sewage systems. New and replacement water and sewage systems shall be constructed to eliminate or minimize infiltration by, or discharge into floodwaters. Moreover, on-site waste disposal systems will be designed to avoid impairment or contamination during flooding.
(K) Storage of material and equipment. 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. 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.
(L) Flood-carrying capacity within any watercourse. The governing body of the city will ensure that the flood-carrying capacity within the altered or relocated portion of any watercourse is maintained. The city will notify, in riverine situations, adjacent communities and the State Coordinating Office (Nebraska Department of Natural Resources) prior to any alteration or relocation of a watercourse, and submit copies of such notifications to the Federal Emergency Management Agency. Moreover, the city will work with appropriate state and federal agencies in every way possible in complying with the National Flood Insurance Program in accordance with the National Disaster Protection Act of 1973.
(M) Variance procedures.
(1) The Board of Adjustment as established by the city shall hear and decide appeals and requests for variances from the requirements of this section.
(2) 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 Zoning Commissioner in the enforcement or administration of this section.
(3) Any person aggrieved by the decision of the Board of Adjustment or any taxpayer may appeal such decision to the District Court as provided in Neb. RS 19-912.
(4) In passing upon such applications, the Board of Adjustment shall consider all technical evaluation, all relevant factors, standards specified in other sections of this section, and;
(a) The danger that materials may be swept onto other lands to the injury of others;
(b) The danger to life and property due to flooding or erosion damage;
(c) The susceptibility of proposed facility and its contents to flood damage and the effect of such damage on the individual owner;
(d) The importance of the services provided by the proposed facility to the community;
(e) The necessity to the facility of a waterfront location, where applicable;
(f) The availability of alternative locations, not subject to flooding or erosion damage, for the proposed use;
(g) The compatibility of the proposed use with existing and anticipated development;
(h) The relationship of the proposed use to the comprehensive plan and floodplain management program for that area;
(i) The safety of access to the property in times of flood for ordinary and emergency vehicles;
(j) 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,
(k) 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.
(5) The following are conditions for variances:
(a) 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, providing items (b) through (e) below have been fully considered. As the lot size increases beyond the one-half acre, the technical justification required for issuing the variance increases.
(b) Variances may be issued for the repair or rehabilitation of historic structures upon a determination that the proposed repair or rehabilitation will not preclude the structure's continued designation as a historic structure and the variance is the minimum necessary to preserve the historic character and design of the structure.
(c) Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief.
(d) Variances shall only be issued upon (i) a showing of good and sufficient cause, (ii) a determination that failure to grant the variance would result in exceptional hardship to the applicant, and (iii) 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.
(e) The applicant shall be given a written notice over the signature of a community official that:
1. The issuance of a variance to construct a structure below base flood level will result in increased premium rates for flood insurance up to amounts as high as $25 for $100 of insurance coverage; and
2. Such construction below the base flood level increases risks to life and property. Such notification shall be maintained with the record of all variance actions as required by this section.
(N) Non-conforming use.
(1) A structure or the use of a structure or premises which was lawful before the passage or amendment of the ordinance, but which is not in conformity with the provisions of this section may be continued subject to the following conditions:
(a) If such use is discontinued for 12 consecutive months, any future use of the building premises shall conform to this section. The Utility Department shall notify the Zoning Commissioner in writing of instances of nonconforming uses where utility services have been discontinued for a period of 12 months.
(b) Uses or adjuncts thereof which are or become nuisances shall not be entitled to continue as nonconforming uses.
(2) If any nonconforming use or structure is destroyed by any means, including flood, it shall not be reconstructed if the cost is more than 50% of the market value of the structure before the damage occurred except that if it is reconstructed in conformity with the provisions of this section. 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.
(O) Penalties for violation.
(1) Violation of the provisions of this section or failure to comply with any of its requirements (including violations of conditions and safeguards established in connection with grants of variances or special exceptions) shall constitute a misdemeanor. Any person who violates this ordinance or fails to comply with any of its requirements shall upon conviction thereof be fined not more than $500, and in addition, shall pay all costs and expenses involved in the case. Each day such violation continues shall be considered a separate offense.
(2) Nothing herein contained shall prevent the city or other appropriate authority from taking such other lawful action as is necessary to prevent or remedy any violation.
(P) Appeal. Where a request for a permit to develop or a variance is denied by the Zoning Commissioner the applicant may apply for such permit or variance directly to the Board of Adjustment.
(Q) Abrogation and greater restrictions. It is not intended by this section to repeal, abrogate or impair any existent easements, covenants, or deed restrictions. However, where this section imposes greater restrictions, the provision of this section shall prevail. All other ordinances inconsistent with this section are hereby repealed to the extent of the inconsistency only.
(R) Interpretation. In their interpretation and application, the provisions of this section shall be held to be 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.
(S) Warning and disclaimer of liability. The degree of flood protection required by this section 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 man-made or natural causes, such as ice jams and bridge openings restricted by debris. This section does not imply that areas outside floodplain district boundaries or land uses permitted within such districts will be free from flooding or flood damage. This section shall not create liability on the part of the city or any officer or employee thereof for any flood damages that may result from reliance on this section or any administrative decision lawfully made thereunder.
(T) Severability. If any section, clause, provision or portion of this section is adjudged unconstitutional or invalid by a court of competent jurisdiction, the remainder of this section shall not be affected thereby.
(Prior Code, § 11-410) (Ord. 8-09, passed - -2009)