Brady City Zoning Code
ZONING DISTRICTS
§ 154.040 AGR AGRICULTURE RESIDENTIAL DISTRICT.
(A) Intent. This District is intended for general agricultural purposes within one mile of the village.
(B) Permitted principal uses and structures. The following shall be permitted as uses by right:
(1) Single-family dwellings, ranch and farm residences;
(2) General farming and ranching activities, excluding any expansion of existing or development of livestock confinement facilities/operations;
(3) Public facilities and utility distribution systems;
(4) One additional single-family, ranch and farm residence for the purpose of housing relatives or agricultural workers; and
(5) Churches, places of worship and cemeteries.
(C) Permitted accessory uses and structures. The following accessory uses and structures shall be permitted:
(1) Accessory uses and structures normally appurtenant to the permitted uses and structures and to uses and structures permitted as special uses;
(3) Roadside stands for the sale of agricultural produce grown on the agricultural farm or operation.
(1) Sewage disposal and water systems, including agricultural irrigation wells;
(2) Public and private uses including parks, playgrounds, golf courses, campgrounds, recreation uses, riding stables, dude ranches, public utilities and utility distribution system;
(3) Flood, erosion and sediment control projects;
(4) Broadcast towers and stations, including amateur radio or land mobile towers of more than 100 feet;
(5) Bed and breakfast establishments;
(7) Mineral extraction, which shall include the following: oil wells, sand and gravel extraction, and quarries;
(8) Expansion of existing livestock confinement facilities up to a maximum of 50 head of livestock. Livestock not confined for a period of 180 consecutive days or longer shall be considered grazing livestock and not defined as a confinement facility; or
(9) Rural subdivisions with individual parcels less than three acres in accordance with the Nebraska Department of Environmental Quality - Title 124 and Department of Health and Human Services Regulations and with a shared or community drinking water and sanitary sewer system, then the minimum lot area of individual parcels may be reduced to one-half acre.
(E) Prohibited uses and structures. All other uses and structures which are not specially permitted or not permissible as special uses shall be prohibited from the AGR Agricultural Residential District.
(F) Special regulation. Provisions must be made for disposal of wastes in accordance with local and state regulations.
(G) Minimum lot requirements. The minimum lot area for AGR uses shall be three acres.
(H) Minimum yard requirements.
(1) Front yard. There shall be a minimum front yard of not less than a depth of 30 feet, measured from the existing road way right-of-way line.
(2) Rear yard. No limitations, unless abutting a Residential District then the minimum rear yard shall be 15 feet.
(3) Side yard. No limitations, unless abutting a Residential District then the minimum side yard shall be ten feet.
(I) Maximum height. No limitation.
(J) Sign regulations. Signs within the AGR Agricultural Residential District shall be in conformance with the provisions of § 154.098 of this chapter.
(K) Utility requirements. Notwithstanding other provisions of this chapter, all dwellings hereafter erected, enlarged or reconstructed in a AGR Agricultural District shall conform to the following regulations:
(1) No waste absorption field (septic tank, cesspools and the like) shall be constructed any closer than 50 feet from any adjacent property line.
(2) There shall be no waste absorption field located closer than 75 feet from any other residential structure.
(3) There shall be no waste absorption field located closer than 50 feet from a water well provided; however, where geology and subsurface conditions and topography would indicate that seepage could reach the well supply, a greater distance shall be required.
(4) An individual residential waste absorption field shall contain a minimum of 10,000 square feet, exclusive of the area required by structure. The entire tract shall contain not less than three acres.
(Ord. 2009-04, passed 4-23-2009) Penalty, see § 154.999
§ 154.041 R-1 RESIDENTIAL SINGLE-FAMILY DISTRICT.
(A) Intent. This District is intended to provide for residential uses consisting primarily of single-family dwelling units and accessory structures by also including the permitted uses set forth in division (B) of this section.
(B) Permitted principal uses and structures. The following shall be permitted as uses by right:
(1) Single-family dwellings;
(2) Two-family dwellings;
(4) Public and parochial schools;
(5) Child care homes;
(6) Public, uses, including but not limited to public parks, playgrounds, recreational uses, fire stations, public utilities and utility distribution systems; and
(7) Places of worship such as churches and synagogues.
(C) Permitted accessory uses and structures. The following accessory uses and structures shall be permitted:
(2) Accessory uses and structures normally appurtenant to permitted uses and structures.
(1) Medical clinics;
(2) Mortuaries;
(3) Child care center;
(4) Museum and art galleries;
(5) Nursing homes;
(6) Public and private golf courses;
(7) Retirement homes;
(8) Bed and breakfast homes;
(9) Townhouses; and
(10) Multi-family dwellings.
(E) 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.
(F) Height and area regulations. The maximum height and minimum area regulations shall be as follows:
Lot Area (Square Feet) | Required Lot Width (Feet) | Required Front Yard (Feet) | Required Side Yard (Feet) | Rear Yard (Feet) | Height (Feet) | |
Single-family dwelling | 7,000 | 50 | 25 | 7 | 25 | 35 |
Two-family dwelling | 3,500 per family | 50 | 25 | 7 | 25 | 35 |
Multi-family dwelling | 2,200 per family | 50 | 25 | 7 | 15 | 45 |
Other permitted uses | 7,000 | 50 | 25 | 7 | 25 | 35 |
(1) Buildings on corner lots shall provide front yard setbacks of 25 feet on one street side and 15 feet on the other front yard and designate remaining yards as one rear and one side yard;
(2) Building and structures shall not exceed two and one-half stories in height; and
(3) The side yard setback between individual units of two-family dwellings may be reduced to zero, if 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) Fence regulations. Fences within the R-1 Residential District shall be in conformance with the provisions of § 154.097 of this chapter.
(I) Sign regulations. Signs within the R-1 Residential District shall be in conformance with the provisions of § 154.097 of this chapter.
(Ord. 2009-04, passed 4-23-2009) Penalty, see § 154.999
§ 154.042 R-2 RESIDENTIAL MOBILE HOME/SINGLE- AND MULTI-FAMILY DISTRICT.
(A) Intent. It is the intent of this District to provide for single- and multi-family residential uses and development of residential dwellings including mobile homes and mobile home parks. Mobile home parks are considered as a residential use and should be located in areas where services and amenities are available, such as those found in conventional residential areas.
(B) Permitted principal uses and structures. The following shall be permitted as uses by right:
(1) Single-family dwellings;
(2) Mobile homes and mobile home parks in accordance with the provisions of § 154.096 of this chapter;
(4) Two-family dwellings;
(5) Multi-family dwellings;
(6) Child care homes;
(7) Community buildings;
(8) Public uses, including but not limited to public parks, playgrounds, recreational uses, fire stations, public elementary and high schools, public utilities, and utility distribution systems; and
(9) Places of worship such as churches and synagogues.
(C) Permitted accessory uses and structures. The following accessory uses and structures shall be permitted:
(2) Accessory uses and structures normally appurtenant to the permitted uses and structures.
(1) Child care center;
(2) Bed and breakfast homes;
(3) Communication and utility buildings and uses;
(4) Medical clinics;
(5) Funeral homes and mortuaries;
(6) Clubs, fraternities, lodges and meeting places of a non-commercial nature; and
(7) Public and/or private golf courses.
(E) 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.
(F) Height and area regulations. The maximum height and minimum area regulations shall be as follows:
Lot Area (Square Feet) | Lot Width (Feet) | Required Front Yard (Feet) | Required Side Yard (Feet) | Required Rear Yard (Feet) | Height (Feet) | |
Mobile home | 4,000 | 45 | 15 | 7 | 10 | 35 |
Single-family dwelling | 7,000 | 50 | 25 | 7 | 15 | 35 |
Two-family dwelling | 3,500 per family | 25 per family | 25 | 7 | 15 | 35 |
Multi-family dwelling | 2,200 per family | 50 | 25 | 7 | 15 | 45 |
Other permitted uses | 7,000 | 50 | 25 | 7 | 15 | 35 |
(1) Buildings on corner lots with a width of 50 feet or less shall provide a second frontage on the street side of not less than seven 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 depth of five feet;
(2) Buildings on corner lots with a width of 50 feet or greater shall provide a second frontage on the street side of not less than 15 feet, yards remaining shall be designated side yards with a minimum depth of five feet; and
(3) Building and structures shall not exceed three stories in height.
(H) Fence regulations. Fences within the R-2 Residential District shall be in conformance with the provisions of § 154.097 of this chapter.
(I) Sign regulations. Signs within the R-2 Residential District shall be in conformance with the provisions of § 154.098 of this chapter.
(Ord. 2009-04, passed 4-23-2009) Penalty, see § 154.999
§ 154.043 C-1 GENERAL 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 are permitted in this District.
(B) Permitted principal uses and structures. The following shall be permitted as uses by right:
(1) Apartments on floors other than ground floor;
(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) Child care homes and centers;
(9) Commercial recreation facilities (bowling alleys, miniature golf courses and similar uses);
(10) Convenience store or filling station;
(11) Detached banking facilities (ATM);
(12) Dry cleaning or laundry establishments;
(13) Food service, restaurants and taverns;
(14) Food storage lockers;
(15) Funeral homes and mortuaries;
(16) Garden centers;
(17) Motels and hotels;
(18) Museums and art galleries;
(19) Office buildings;
(20) Parking lots and other off-street parking facilities;
(21) Personal and professional services;
(22) Photography studios;
(23) Private schools, including but not limited to business or commercial schools, and dance or music academies;
(24) Public and private charitable institutions;
(25) Public parks, buildings and grounds;
(26) 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;
(27) Retail store or business;
(28) Public utility facilities;
(29) Sales and showrooms, including service facilities and rental of equipment, provided all displays and merchandise are within the enclosure walls of the buildings;
(30) Service stations; and
(31) Stores or shops for the sale of goods at retail and/or wholesale.
(C) Permitted accessory uses and structures. The following accessory uses and structures shall be permitted: accessory uses and structures normally appurtenant to permitted uses and structures and to uses and structures permitted as special uses.
(1) Single-family dwellings;
(2) Multi-family dwellings;
(3) Bed and breakfast guest home;
(4) Recycling center; and
(5) Mini storage facilities.
(E) 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 C-1 Commercial Business District.
(F) Screening requirements.
(1) All business, service, repair, processing, storage or merchandise display on property abutting or facing a lot within a Residential District shall be conducted wholly within an enclosed building unless screened from the residential district by a sight-obscuring barrier permanently maintained at least six-foot in height.
(2) Open storage of materials attendant to a permitted use or special permit use shall be permitted only within an area surrounded or screened by a solid wall or fence.
(G) Prohibited uses. No use shall be permitted and no process, equipment or materials shall be used which are found by the village to be objectionable to persons living or working in the vicinity by reasons of odor, fumes, dust, smoke, cinders, dirt, refuse, noise, vibrations, illumination, glare, or unsightliness or to involve any hazard of fire or explosion.
(H) Height and area regulations. The minimum area regulations shall be as follows:
Lot Area (Square Feet) | Lot Width (Feet) | Required Front Yard (Feet) | Required Side Yard (Feet) | Required Rear Yard (Feet) | Height (Feet) | |
Permitted uses | 3,500 | 25 | 0 | 0 or 10 when abutting a Residential District | 15 | 45 |
Multi-family dwelling | 2,250 per family | 50 | 25 | 7 or 7-1/2 on corner lots | 15 | 45 |
(I) Fence regulations. Fences within the C-1 General Commercial District shall be in conformance with the provisions of § 154.097 of this chapter.
(J) Sign regulations. Signs within the C-1 General Commercial District shall be in conformance with the provisions of § 154.098 of this chapter.
(Ord. 2009-04, passed 4-23-2009) Penalty, see § 154.999
§ 154.044 C-2 HIGHWAY COMMERCIAL DISTRICT.
(A) Intent. The C-2 Highway Commercial District is intended for the purpose of servicing highway travelers and providing limited commercial services. Off-street parking is required in order to reduce possible adverse effects on adjacent properties.
(B) Permitted principle uses and structures. The following shall be permitted as uses by right:
(1) Automobile sales;
(2) Automobile wash facilities;
(3) Churches and other religious institutions;
(4) Construction sales and services;
(5) Commercial operations and businesses, intended for the purpose of servicing travel and recreational users;
(6) Commercial recreational facilities (bowling alleys, miniature golf courses and similar uses);
(7) Convenience store or filling station;
(8) Detached banking facilities (ATM);
(9) Electric and telephone substations;
(10) Farm implement sales and services;
(11) Garden centers and nurseries;
(12) Irrigation equipment sales and services;
(13) Mini storage facilities;
(14) Mobile homes sales;
(15) Motels, including accessory service uses, such as swimming pools, liquor stores and restaurants;
(16) Restaurants and cafes;
(17) Service stations;
(18) Single-family homes;
(19) Stores or shops for sale of goods at retail;
(20) Transportation warehousing;
(21) Trucks and freight terminals;
(22) Utilities, including shops and offices; and
(23) Medical clinics.
(C) Permitted accessory uses and structures. The following accessory uses and structures shall be permitted: accessory uses and structures normally appurtenant to the permitted uses and structures and to uses and structures permitted as special uses.
(1) Private clubs and lodges;
(2) Facilities for the commercial storage or sale of fertilizer or toxic or flammable agriculture chemicals;
(3) Radio studios, transmitters and antenna; and
(4) Recycling centers.
(E) Screening requirements.
(1) All business, service, repair, processing, storage or merchandise display on property abutting or facing a lot within a Residential District shall be conducted wholly within an enclosed building unless screened from the Residential District by a sight-obscuring barrier permanently maintained at least six feet in height.
(2) Open storage of materials attendant to a permitted use or special permit use shall be permitted only within an area surrounded or screened by a solid wall or fence.
(F) Prohibited uses. All other uses and structures which are not specifically permitted or permissible as special uses shall be prohibited from the C-2 Highway Commercial District.
(G) Height and areas regulations. The maximum height and minimum area regulations shall be as follows:
Lot Area (Square Feet) | Lot Width (Feet) | Required Front Yard (Feet) | Required Side Yard (Feet) | Required Rear Yard (Feet) | Height (Feet) | |
Permitted uses | 7,500 | 50 | 25 | 7 | 20 | 35 |
(I) Fence regulations. Fences within the C-2 Highway Commercial District shall be in conformance with the provisions of § 154.097 of this chapter.
(J) Sign regulations. Signs within the C-2 Highway Commercial District shall be in conformance with the provisions of § 154.098 of this chapter.
(Ord. 2009-04, passed 4-23-2009) Penalty, see § 154.999
§ 154.045 I INDUSTRIAL DISTRICT.
(A) Intent. This District is designed to provide for a wide range of industrial and related uses.
(B) Permitted principal uses and structures. The following shall be permitted as uses by right:
(1) Agriculture, excluding the expansion of existing or development of commercial livestock facilities/operations;
(2) Animal care;
(3) Automobile sales and services;
(4) Automotive wash facilities;
(5) Bottling works;
(6) Building material sales, except for ready-mix concrete plants and similar uses which emit particulate, odor or smoke;
(7) Carpenter, cabinet, plumbing or shoot metal shops;
(8) Grain storage;
(9) Construction sales and services;
(10) Dry cleaning and/or laundry plants;
(11) Farm implementation sales and services;
(12) Farm produce sales;
(13) Food service, restaurants and taverns;
(14) Freight and truck terminals;
(15) Frozen food lockers;
(16) Furniture warehouses;
(17) Garden centers and nurseries;
(18) Groceries, retail and wholesale;
(19) Light manufacturing operations, providing that such use is not noxious by reason of vibration or noise beyond the confines of the building, or by the emission of particulate, fumes, gas, odor, or smoke;
(20) Machinery sales and storage lots;
(21) Mini storage facilities
(22) Mobile and modular home sales and manufacturing;
(23) Newspaper publishing plants;
(24) 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;
(25) Public utility and public service uses;
(26) Transportation warehousing;
(27) Warehouse or storage houses;
(28) Wholesale sales and services; and
(29) Any similar uses that are determined by the Village Board after referral to and recommendation by the Planning Commission to be of an industrial use similar to the above listed uses.
(C) Permitted accessory uses. Accessory uses and structures normally appurtenant to permitted uses and structures.
(2) Recycling center;
(3) Ethanol and/or alcohol plants; and
(E) 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 I Industrial District.
(F) Height and area regulations. The maximum height and minimum area regulations shall be as follows:
Lot Area (Square Feet) | Lot Width (Feet) | Required Front Yard (Feet) | Required Side Yard (Feet) | Required Rear Yard (Feet) | Height (Feet) | |
Permitted uses | 10,000 | 50 | 35 | 0 or 10 when abutting a Residential District | 45 | 35 |
(H) Fence regulations. Fences within the I-1 Industrial District shall be in conformance with the provisions of § 154.097 of this chapter.
(I) Sign regulations: Signs within the I-1 Industrial District shall be in conformance with the provisions of § 154.097 of this chapter.
(J) Use limitations. All operations, activities and storage shall be conducted entirely inside of a building, or buildings, unless the nearest point of such operation or activity is more than 200 feet from the boundary of any other zoning district other than an I District and except that storage may be maintained outside the building and side yards or rear yards of such storage area is separated from public streets and other property by screening of not less than six feet in height. If a lot in an Industrial District adjoins a Residential District, screening shall be provided at the lot lines sufficient to protect, on a year-round basis, the privacy of adjoining residential uses.
(Ord. 2009-04, passed 4-23-2009) Penalty, see § 154.999