In order to accomplish the purposes of this Ordinance, the following districts are described for application to land within the planning jurisdiction of the City. Said districts are identified and designated as follows:

Special districts to be used in addition to those above are:

(Ord. No. 930, § 1, 11-16-2016)

The boundaries of the districts are shown on the maps which are attached hereto and made a part of this Ordinance, or by description as an amendment thereto, which maps are designated Zoning District Maps. That part of the maps designating the different districts and their boundaries and that part of the legend designating the letter symbol for each district are a part of this resolution and have the same force and effect as if the district maps and that part of the legend referred to above were all fully set forth herein. Other notations and references are for information only.

1.

The district name or symbol shown on the district maps indicates that the regulations pertaining to the district designated by that name or letter symbol extend throughout the whole area in the unincorporated portions of the County bounded by the district boundary lines within which such name or letter symbol is shown or indicated, except as otherwise provided by this section.

2.

Where uncertainty exists with respect to the boundaries of the various districts as shown on the maps accompanying and made a part of this resolution, the following shall apply:

a.

In cases where a boundary line is given a position within a street, road or stream, it shall be deemed to be in the center of the street, road or stream, and if the actual location of such street, road or stream varies slightly from the location as shown on the district map, then the actual location shall control.

b.

In cases where a boundary line is shown as being located a specific distance from a street, road line or other physical feature, this distance shall control.

c.

In cases where a boundary line is shown adjoining or coincident with a railroad, it shall be deemed to be in the center of the railroad right-of-way and distances measured from the center of the designated main-line track.

d.

In subdivided property, unless otherwise indicated, the district boundary line on the Zoning District Maps shall be determined by the use of the scale contained on such maps and such measurement shall be construed to fall upon the nearest multiple of ten feet.

No building, structure or land shall hereafter be used or occupied and no building or structure or part thereof shall hereafter be erected, constructed, reconstructed, moved or structurally altered unless in conformity with all of the regulations herein specified for the district in which it is located.

It is not the intention of this Resolution to defeat the purposes of any contract, deed restriction or protective covenant when such instrument is not inconsistent with this Resolution or contains stricter requirements. In the event this Resolution conflicts with other resolutions, rules or regulations adopted pursuant to law, or state or federal law, then the more strict provisions shall apply.

Any use that is not specifically permitted in a district as a principal use, an accessory use, a conditional use, or as an exception is hereby specifically prohibited.

There shall be provided in any and all zoning districts, an unobstructed view across the triangle formed by points measured 20 feet distant along the property line from the intersection of two roads or highways or streets or combination thereof. Within said triangle there shall be no sight obscuring or partly obscuring wall, fence or foliage higher than 30 inches above grade or in the case of trees, foliage lower than five feet. Vertical measurement shall be made at the top of the curb on the street adjacent to the nearest side of the triangle, or if no curb exists, from the edge of the nearest roadway.

The (A-1), Agricultural District is designed to preserve agricultural land, to protect agricultural land and operations from the encroachment of incompatible uses, to conserve the use of agricultural resources, and to provide appropriate locations for certain types of establishments primarily serving agricultural producers.

A.

Permitted uses and structures. The following shall be permitted as uses by right:

1.

Any form of agriculture including the raising of crops, horticulture uses, animal husbandry, poultry husbandry and kennels.

2.

Single family dwellings.

3.

Storage or maintenance of farm machinery and vehicles.

4.

Storage of grain, feed or other farm products produced on said premises.

5.

Storage of fertilizer, seed, feed or other products brought onto premises for use on said premises.

6.

Feedlots for the confined feeding of food for fur or pleasure animals in buildings, lots, pens or ponds, provided they conform to the following requirements.

The following performance standards shall apply to the uses indicated and shall be supplemental to and in addition to other federal, state and local provisions which apply to the property and use:

1.

Feed lots, corrals, winter quarters. Corrals in which animals are kept at a density of over ten head per acre or where feed bunkers or water are placed so that animals naturally tend to bunch up to such density shall not be closer than 300 feet from any lot line adjoining properties which are used for residential, commercial or light manufacturing purposes.

a.

Such corrals shall maintain drainage so as to avoid excessive concentration of contaminated water and such drainage shall be so arranged that contaminated water does not drain into water courses in a manner which reaches neighboring properties at a concentration noticeable to normal senses.

b.

Manure in such corrals shall not be allowed to accumulate to objectionable proportions and each feeding pen shall be scraped at least once a month, weather and crops permitting.

c.

Adequate fly spray shall be applied to all of the feeding area during fly season and more often if necessary to control the fly population.

d.

All dead animals shall be removed within 24 hours.

e.

Feed shall be limited to fresh-smelling materials and shall not include sour silage, fermented sugar beet pulp, paunch manure, garbage, or other materials which have a tendency to create objectionable odors.

f.

In addition to the above standards, feedlots, as defined in Section 201 of this Resolution, shall not be located closer than 500 feet from residential structures which are not included in the farming operation of which the feed lot is a part.

2.

Kennels containing more than three dogs over six months of age shall be placed no closer than 200 feet from the lot line when adjoining property is used for residential, motel, hotel or cabin resort purposes.

3.

Parking and loading spaces sufficient to meet all reasonable demands for such space shall be provided off the public right-of-way.

B.

Accessory uses. The following accessory uses and structures shall be permitted:

1.

Facilities common to farm activities.

2.

Home occupations.

3.

Roadside stands for the sale of agricultural products on the site.

4.

Accessory uses and structures normally appurtenant to the permitted uses and structures and to uses and structures permitted as exceptions.

C.

Special exceptions; conditional uses. After the provisions of this Ordinance relating to exceptions have been fulfilled, the Planning Commission (City Council) may permit the following conditional uses as exceptions in the (A-1) Agricultural District:

1.

Quarters for transient labor.

2.

Cemetery, crematories, mausoleums.

3.

Commercial mines, quarries and sand and gravel pits.

4.

Automotive race tracks, driving tracks and motorcycle race tracks.

5.

Manufacturing plants for the processing of crops, but not including meat packing, slaughtering, meat by-products manufacturing, rendering or hide storage.

6.

Riding academies, dude ranches and other farm and ranch type recreational enterprises.

7.

Recreational facilities owned or operated by government or by charitable or religious organizations.

8.

Facilities necessary for the provision of transportation, communication, water, sewerage, electrical energy, and natural gas pipelines and their necessary appurtenances.

9.

Agricultural service establishments primarily engaged in performing agricultural, animal husbandry or horticultural services on a fee or contract basis including corn shelling, hay bailing and thrashing services, agricultural product milling and processing; horticultural services such as plant nurseries, landscape gardening, landscape contracting; establishments engaged in performing services such as crop dusting, grain cleaning, land leveling, harvesting, and plowing; farm equipment service and repair; veterinary services; commercial auction yards and barns; bulk storage of petroleum products, fertilizer and insecticide for distribution or direct sales to agricultural consumers; boarding and training of horses; wood chip factories, including storage buildings and equipment.

10.

Community facilities and institutions including monasteries, convents and other religious institutions; public and private philanthropic and charitable institutions; cemeteries; hospitals, sanitariums, nursing homes and rest homes; private, noncommercial clubs and lodges.

11.

Public uses of an administrative, public service or cultural type including city, county, state or federal administrative centers and courts, libraries, museums, art galleries, police and fire stations and other buildings, structures, and facilities.

D.

The height, area and yard requirements of this district shall be:

1.

Height. No limitation.

2.

Rear yard. There shall be a rear yard having a minimum depth of 50 feet.

3.

Side yard. There shall be a side yard of not less than 15 feet.

4.

Setback. There shall be a setback line of not less than 120 feet from the center line of any road, street or public way.

5.

Distance between structures. There shall be a distance of not less than 90 feet between principal residential structures.

6.

Lot size. The minimum lot size for single-family dwellings shall be five acres.

The minimum lot size for other uses and structures permitted or allowed as exceptions shall be five acres.

The minimum lot width at the front building line shall be 300 feet.

E.

Sign regulations.

1.

On and off-site signs on Interstate or Federal Aid primary highways: The erection or maintenance of any advertising sign, display, or device which is visible to the traveled way of the National System of Interstate and Defense Highways, and the System of Federal-aid primary roads of the State of Nebraska as defined by the Nebraska Department of Roads, is hereby prohibited unless in compliance with the regulations set forth within Rules and Regulations Relating to the Control of Advertising in Areas Adjacent to the Interstate and Federal-Aid Primary Highways; as amended, adopted and published by the Nebraska Department of Roads.

2.

On-site signs. On-site signs not on interstate or federal aid primary highways, and erected as an on-site sign in those districts where such is permitted, shall have a maximum surface area of 80 square feet and shall be located in an area from the street right-of-way to a point 15 feet beyond the right-of-way.

3.

Off-site signs. Off-site signs not on interstate or federal aid primary highways, erected in those districts where permitted, shall conform to the following requirements:

Each sign shall have a maximum surface area of 80 square feet;

Each sign shall have a maximum width of ten feet and a maximum height of eight feet;

The highest point of any sign shall not extend more than 20 feet measured from ground level at its support;

Each sign shall be no less than 100 feet from any other sign erected on the same side of a street from which the signs are intended to be read;

Each sign shall not be closer than 50 feet from a street intersection at grade;

Each sign shall be located in an area from the street or road right-of-way to a point 15 feet beyond the right-of-way.

This district is intended to provide for the agricultural use of land while recognizing the district has the capability in terms of land and accessibility to facilities, services and utilities to accommodate low intensity residential development of the land due to the close proximity of the City.

A.

Permitted uses and structures. No building or premises shall be used and no building shall be erected or structurally altered unless for one or more of the following uses:

1.

Any form of agriculture including the raising of crops, horticultural uses, animal husbandry, poultry husbandry; but excluding commercial auction yards and barns and commercial feed lots;

2.

Bulk grain storage both publicly or privately owned or managed;

3.

Irrigation and flood control projects;

4.

Single-family dwellings;

5.

Signs subject to the following provisions:

a.

Each sign shall have a maximum service area of 80 square feet;

b.

Each sign shall have a maximum width of ten feet and a maximum height of eight feet;

c.

The highest point of any sign shall not extend more than 20 feet measured from ground level at its supports;

d.

Each sign shall be no less than 100 feet from any other sign erected on the same side of a street from which the signs are intended to be read;

e.

Each sign shall not be closer than 50 feet from a street intersection at grade;

f.

Each sign shall be located in an area from the street or road right-of-way to a point 15 feet beyond the right-of-way.

B.

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 exceptions;

2.

One-family residences including mobile home for farm residence or adjacent to farm residence for relatives of consanguinity and marriage or farm workers.

C.

Exceptions. The City Council may permit the following conditional uses as exceptions in the AGT Transitional Agriculture District:

1.

Home occupations and professional offices;

2.

Single-family dwelling subdivisions;

3.

Nursing homes;

4.

Public and private open recreational facilities, operated for profit or otherwise, including golf courses, country clubs and appurtenant pro shops, including restaurants and liquor sales subject to local ordinances, golf driving ranges, archery ranges, swimming pools, riding academies, commercial stables, parks community centers, but not including enclosed uses such as a bowling alley;

5.

Public utility and public service structures including electric transmission lines and distribution substations, gas regulator stations, communications equipment buildings, public service pumping stations, elevated pressure tanks, and reservoirs;

6.

Public and quasi-public uses of an educational or religious type including public and parochial elementary schools, junior high schools, high schools and colleges, nursery schools; private non-profit schools and colleges, churches, parsonages and other religious institutions;

7.

Public and private charitable institutions, hospitals, sanitariums and rest homes;

8.

Public uses of an administrative, recreational, public service or cultural type including city, county, state or federal administrative centers and courts, libraries, museums, art galleries, police and fire stations and other public buildings, structures and facilities;

9.

Private noncommercial clubs and lodges;

D.

Conditions for granting exceptions. Notwithstanding the requirements of Section 601 of this Ordinance, the following regulations shall apply as minimum requirements for granting exceptions in AGT Transitional Agricultural District:

1.

No residential structure other than that of the owner, operator, or employee shall be located within 1,000 feet of an existing feedlot or its related runoff control facility.

2.

No residential structure shall be located within 1,320 feet of a wastewater lagoon or an area where wastewater is applied to the land, or within 600 feet of a mechanical wastewater treatment plant.

3.

All single-family dwelling subdivisions and mobile home parks shall be provided with common water distribution and common sewage collection and treatment systems which meet the minimum requirements of the Nebraska Departments of Health and Environmental Control.

4.

New irrigation wells shall be located no closer than ten feet from established road right-of-ways, except that at county, state or federal road intersections, such wells must be located no closer than 70 feet from the nearest intersection of established right-of-ways.

5.

New water retention pits or re-use pits, shall be located no closer than 30 feet from established road rights-of-way, except that at county, state, or federal road intersections, such pits must be located no closer than 70 feet from the nearest intersection of established rights-of-way.

6.

New windbreaks consisting of planted trees and/or shrubs shall be located no closer than 30 feet from established road rights-of-way, except that at county, state, or federal road intersections, such wells must be located no closer than 70 feet from the nearest intersection of establish-d rights-of-way.

E.

Lot requirements.

1.

The minimum lot area for single-family dwellings which are not provided with common water and sewage systems shall be two acres. The minimum lot area for single-family dwellings which are provided with common water and sewage systems shall be 12,000 square feet.

2.

The minimum lot area for uses prescribed as exceptions shall be two acres, subject to the approval of the Council.

3.

The minimum lot width at the front building line shall be 80 feet for lots which are provided with common water and sewer systems and 300 feet from lots which are not provided with common water and sewage systems.

F.

Yard requirements.

1.

Setback: There shall be a minimum front yard of not less than a depth of 100 feet from the center line of a Federal Aid-Primary or Federal Aid-Secondary designated street or highway or 35 feet from the property line, whichever is greater. On all other streets or highways there shall be a minimum front yard of not less than a depth of 55 feet from the center line of the street or highway or 25 feet from the property line, whichever is greater, and further, these yard requirements shall apply to any yard abutting a Federal-Aid Primary or Federal-Aid Secondary designated street or highway regardless of the lot being an interior or corner lot.

2.

Rear yard: There shall be a minimum yard of not less than a depth of 25 feet.

3.

Side yard: Side yards shall not be less than ten feet for lots provided with common water and sewer systems or 15 feet for lots which are not provided with common water and sewer systems.

4.

Distance between structures: The minimum distance between principal structures used for human habitation and which are not served by common water and sewer systems shall be 90 feet.

G.

Maximum lot coverage. The maximum lot coverage shall not exceed 30 percent of the total lot area.

H.

Maximum height. The height of all structures shall not exceed 35 feet subject to the provisions of Section 504 of this Ordinance.

This district is designed to provide for medium density development of single-family dwellings and provide space for structures, use and institutions which require a residential environment.

A.

Permitted uses and structures.

1.

Single-family dwelling, two-family dwelling.

2.

Church, college, community building, public library, public museum, public and private elementary, junior high and high schools.

3.

Public park, public playground, public recreation building, school.

4.

Noncommercial gardening or conservatory for plants and flowers.

5.

Commercial farming for residual hay and grain within totally unimproved city blocks within the city limits.

6.

Farming of unimproved city blocks outside corporate city blocks.

7.

Philanthropic institution, other than penal or corrective. Hospital or sanitarium other than for contagious or infectious diseases and other than for the insane or feeble-minded.

8.

Assisted living for the elderly.

B.

Accessory uses and structures.

1.

Accessory buildings, including private garages when located not less than six feet from the front lot line or within or attached to the dwelling. A private garage may exceed a three vehicle capacity provided the area of the lot whereon such garage is located shall contain not less than 2,000 square feet for each vehicle stored.

2.

Uses and structures customarily incident to any of the above uses when located on the same lot and not involving the conduct of a business, on the premises, and use as the office of a physician, surgeon, dentist, lawyer, musician or artist, when situated in the same dwelling.

C.

Special exceptions; conditional uses. After the provisions of this Ordinance relating to exceptions have been fulfilled, the City Council may permit the following conditional uses as exceptions in the (R-1) Residential District:

1.

Branch telephone exchanges, or buildings for public service corporations or for public utility purposes reasonably necessary for the public convenience or welfare.

2.

Structures and uses in the (C-1) Business District under the following conditions and provisions:

a.

In those portions of (R-1) Residential District, the City Council, after review and recommendation of the Planning Commission, may authorize such structures and uses in the normal continuous expansion of business structures in the adjacent (R-1) Residential District, provided the applicant for such permit shall, at least ten days prior to the action there-on by the City Council, give notice of the pendency of such application to all owners of property abutting such proposed location of such structure, and to all owners of property within 100 feet of such location, and shall furnish proof of such notice to the City Council. Such notice shall be served personally or by registered mail.

b.

City Council may, in their discretion, authorize the construction and use of buildings for business purposes as specified in (C-1) Business District of this Chapter or other locations within (R-1) Residential District when it will be conducive to the public welfare, and where there is first filed with the Municipal Clerk-Treasurer the written consent of persons owning three-fourths of the property within 300 feet of such proposed location, together with a written consent of the persons owning all the lots and parts of lots within 50 feet of the premises on which it is proposed to locate or use such building or structure for business purposes as specified in (C-1) Business District of this Chapter. Buildings authorized, as provided by this subsection, shall be located at such points on the real estate and have such height, setback, side yards and rear yards as the City Council shall specify; however, not to exceed the requirements provided for in the (C-1) Business District of this Chapter.

D.

The height, area and yard requirements of this district shall be:

1.

Height. No building hereafter erected or structurally altered shall exceed 35 feet in height.

2.

Rear yard. There shall be a rear yard having a minimum depth of ten feet.

3.

Side yard. There shall be a side yard on each side of any dwelling (house) of not less than five feet. All buildings other than dwelling (garage) not less than two feet.

4.

Setback. There shall be a setback line of not less than 25 feet, provided, where 40 percent or more of the frontage on one street in any block is built up with buildings, the majority of which have an average setback with a variation of not more than six feet, no building fronts on such street in such block shall project beyond the average setback line so established. This regulation shall not be so interpreted as to require a setback line of more than 50 feet. Where a through lot exists, City Council shall designate one street line to be the front lot line and the other street line to be the rear lot line; in such case, no enclosure wall of any building shall be nearer than 20 feet from such rear line. Where the setback requirements of this Section will produce substantial irregularities due to variations in platting as where on the same street lots partly front the street and partly run parallel with the street, the City Council may define uniform setback requirements on such streets where such action does not result in increasing setback requirements. Where uniformity requires an increase in setback requirements, the City Council may adopt a resolution increasing such setback requirements, provided no such resolution shall be finally passed until a period of at least ten days shall have intervened from the date thereof.

5.

Lot size, minimum. Every building hereafter erected or structurally altered shall provide a minimum lot size of 7,500 square feet per dwelling unit, provided in all cases where the lot or tract of land in addition to the Municipality as originally platted and presently existing do not provide 7,500 square feet, then and in that event, one house or dwelling unit may be permitted; provided further, that the construction of two or more family dwellings or two two-family dwelling houses may be permitted on corner lots in all cases where the City Council upon proper application, feels that justice require that such buildings be allowed to be constructed on said lots. In their deliberations the City Council shall take into account the existing architecture, location and use of dwelling houses adjacent thereto, the plans submitted by the applicant and any and all matters in connection therewith that might or could interfere with the proper use and enjoyment of the premises and the use and enjoyment of adjacent properties or premises in the neighborhood.

6.

Building area. All buildings erected or altered in the (R-1) Residential District for any purpose except one- and two-family dwellings, shall be so proportioned as to provide open spaces on the lot equal to 50 percent of the area of the lot.

E.

Sign regulations.

1.

No name plate shall exceed one square foot in area.

2.

Signs pertaining to the lease, hire or sale of a building or premises, or advertising sign of any nature shall not exceed three square feet in area.

3.

No electric signs of any nature may be used.

This district is designed to provide for medium density development of single-family and multiple developments and provide space for community services and facilities to complement residential areas and institutions which require a residential environment.

A.

Permitted uses and structures.

1.

Any use permitted in (R-1) Residential District.

2.

Multiple dwelling.

3.

Dormitory, sorority or fraternity house; boarding house, or rooming house.

4.

Professional office or studio and beauty parlors and barbershops, provided such beauty parlor or barbershop does not have more than two operators or two barbers.

B.

Accessory uses and structures.

1.

Accessory buildings and uses customarily incident to any of the above uses when located on the same lot and not involving the conduct of a business, and including also home occupations not involving the conduct of a business on the premises.

2.

Uses customarily incident to any of the above uses when located on the same lot and not involving the conduct of a business.

C.

Conditions uses; special exceptions. After the provisions of this ordinance relating to exceptions have been fulfilled, the City Council may permit the following conditional uses as exceptions in the (R-2) Residential District:

1.

In those portions of (R-2) Residential District, the City Council may authorize such structures and uses in the normal continuous expansion of business structures into the adjacent (R-2) Residential District; provided the applicant for such permit shall, at least ten days prior to the action thereon by the City Council, give notice of the pendency of such application to all owners of property abutting such proposed location of such structure, and to all owners of residences within 100 feet of such location, and shall furnish proof of such notice of the City Council and such notice shall be served personally or by registered mail.

2.

The City Council may, in their discretion, authorize the construction and use of buildings for business purposes as specified in (C-1) Business District at other locations within (R-2) Residential District when it will be conducive to the public welfare, and where there is first filed with the Municipal Clerk-Treasurer the written consent of persons owning three-fourths of the property within 300 feet of such proposed location, together with a written consent of the persons owning all of the lots and parts of lots within 50 feet of the premises on which it is proposed to locate or use such building or structure for business purposes as specified in the (C-1) Business District.

D.

Height, area and yard requirements in this district shall be:

1.

Height. No building hereafter erected or structurally altered shall exceed 45 feet in height.

2.

Rear Yard. There shall be a rear yard having a minimum depth of ten feet.

3.

Side Yard. There shall be a side yard on each side of a main building of not less than six feet, provided that on a lot having a width of less than 33 feet and of record at the time of the passage of this ordinance, there shall be at least one side yard of not less than four feet in width. All buildings other than main buildings, not less than two feet.

4.

Setback. There shall be a setback line of not less than 25 feet, provided where 40 percent or more of the frontage on a street in any block is built up with buildings, the majority of which have an average setback with a variation of not more than six feet, no building hereafter erected or structurally altered, which building fronts on such street in such block, shall project beyond the average setback line so established; provided, however, this regulation shall not be so interpreted as to require a setback line of more than 50 feet. Where a through lot exists, the City Council shall designate one street line to be the front lot line and other street line to be the rear lot line. In such case, no enclosure wall of any building shall be nearer than 20 feet from such rear line. Where the setback requirements of this Section will produce substantial irregularities due to variations in platting as where on the same streets lots partly front the street and partly run parallel with the street, the City Council may define uniform setback requirements on such street where such action does not result in increasing setback requirements. Where uniformity requires an increase in setback requirements, the City Council may adopt a resolution increasing such setback requirements, provided no such resolution shall be finally passed until a period of at least ten days shall have intervened from the date of introduction thereof.

5.

Outer Court. The lease dimension of an outer court shall not be less than five feet, nor less than 2½ inches for each foot of height of such court, nor less than two inches for each foot of length of such court from the closed end.

6.

Inner Court. The least dimension of an inner court shall be not less than six feet, or less than 2½ inches for each foot of height of each court, nor shall its area be less than twice the square of its required least dimension.

7.

Lot area. Every dwelling building hereafter erected or structurally altered shall provide a lot area of not less than 6,000 square feet per family house, provided a duplex shall provide a minimum of 4,000 square feet. This regulation shall not apply to hotels or apartment hotels where no cooking is done in any individual room or apartment. All other buildings shall provide a lot area of not less than 1,000 square feet, provided the construction of two or more family dwellings or two dwelling houses may be permitted on corner lots in all cases where the City Council upon the proper application feels that justice requires that such buildings are allowed to be constructed on said lots. In their deliberations the City Council shall take into account the existing architecture, location and use of dwelling houses adjacent thereto, the plans submitted by the applicant and any and all matters in connection therewith that might or could interfere with the proper use and enjoyment of the premises and the use and enjoyment of adjacent properties or premises in the neighborhood.

E.

Sign Regulations. No advertising sign of any character shall be permitted in any (R-2) Residential District, except a sign, not exceeding eight square feet in area appertaining to the lease, hire or sale of a building or premises may be displayed upon such premises.

This District is designed to serve as the central retail and trading district of the City. The (C-1) Business District is intended to accommodate demands for neighborhood, central business and highway commercial uses in the community.

A.

Permitted uses and structures. In the (C-1) Business District, buildings, structures and land shall be used for any use except the following:

1.

Bakery (employing more than 15 persons).

2.

Blacksmith or horseshoeing shop.

3.

Bottling works.

4.

Building material storage yard.

5.

Carting, express, hauling and storage yard.

6.

Contractor's plant or storage yard.

7.

Coal, coke or wood yard.

8.

Cooperage works.

9.

Dyeing and cleaning works (employing more than 15 persons).

10.

Ice plant or storage house of more than five tons' capacity.

11.

Laundry (employing more than 15 persons).

12.

Livery stable.

13.

Lumber Yard.

14.

Machine shop.

15.

Milk distributing station other than a retail business conducted on the premises.

16.

Storage warehouse.

17.

All uses excluded from the (I-2) Heavy Industrial District and (I-1) Light Industrial District.

18.

All kinds of manufacturing, processing or treatment except the manufacturing, processing or treatment of products clearly incidental to the conduct of an exclusive retail business conducted on the premises.

B.

Accessory uses and structures. Accessory uses and structures normally appurtenant to the permitted uses and structures and to uses and structures permitted as exceptions.

C.

Area, yard and height requirements for this district shall be:

1.

Height. No building of any type hereinafter erected or structurally altered shall be erected to a height in excess of 45 feet.

2.

Rear yard. There shall be a rear yard having a minimum depth of not less than ten feet.

3.

Side Yard. For residential buildings the side yard shall be the same as required in the (R-2) Residential District.

4.

Setback. Where all the frontage on one side of the street between two intersecting streets is zoned as a Business District, no setback shall be required. Where the frontage on one side of a street between two intersecting streets is zoned partly as residence and partly as business, the setback requirements of the Business District shall apply to the entire frontage.

5.

Inner court. The least dimension of an inner court shall be not less than six feet, nor less than 2½ inches for each foot of height of each court, nor shall its area be less than twice the square of its required least dimension.

6.

Lot area. Buildings or parts of buildings hereafter erected or structurally altered for residential purposes shall provide a lot area of not less than 4,000 square feet per family housed, except a duplex, in which case a minimum of 2,200 square feet shall be provided. All other buildings shall provide a lot area of not less than 500 square feet.

D.

Sign regulations. No signs or billboards shall be permitted in a class (C-1) Business District except signs on or attached to the business buildings located on the premises, which signs advertise only the business being conducted on the premises.

This District is designed to provide space for certain commercial and industrial uses which are able to meet certain performance standards and protect nearby noncommercial and non-industrial uses from undesirable environmental conditions.

A.

Permitted uses and structures. In the (I-1) Light Industrial District, buildings, structures and land may be used for any purpose except those expressly prohibited in this Ordinance, provided they meet the following performance standards:

1.

Physical Appearance. All operations shall be carried on within an enclosed building except that new materials or equipment in operable condition may be stored in the open. Normal daily wastes of an inorganic nature may be stored in containers not in a building when such containers are not readily visible from the street.

2.

Fire Hazard. No operation shall involve the use of highly flammable gases, acid, liquids, grinding processes or other inherent fire hazard. This provision shall not be construed to prohibit the use of normal heating fuels, motor fuels and welding gases when handled in accordance with other City regulations.

3.

Noise. No operation shall be carried on which involves noise in excess of the normal traffic noise of the adjacent street at the time of the daily peak hour of traffic volume. Noise shall be measured at the property line and when the level of such noise cannot be determined by observation with the natural senses, a suitable instrument may be used and measurement may include breakdowns into a reasonable number of frequency ranges. All noises shall be muffled so as not to be objectionable due to intermittence, beat frequency or shrillness.

4.

Sewage and Liquid Wastes. No operation shall be carried on which involves the discharge into a sewer, water course or the ground of liquid wastes of any radioactive nature, or liquid wastes of a chemical nature which are detrimental to normal sewage plant operation or corrosive and damaging to sewer pipes and installations.

5.

Air Contaminants. Air contaminants and smoke shall be less dark than designated Number One on the Ringelmann Chart, as published by the United States Bureau of Mines, except that smoke of a density designated as Number One shall be permitted for one four-minute period in each one-half hour. Light colored contaminants of such an opacity as to obscure an observer's view to a degree equal to or greater than the aforesaid shall not be permitted.

Particulate matter of dust as measured at the point of emission by any generally accepted method shall not be emitted in excess of two-tenths grains per cubic foot as corrected to a temperature of 500 degrees Fahrenheit, except for a period of four minutes in any one-half hour, at which time it may equal but not exceed six-tenths grains per cubic foot as corrected to a temperature of 500 degrees Fahrenheit.

Due to the fact that the possibilities of air contamination cannot reasonably be comprehensively covered in this section, there shall be applied the general rule that there shall not be discharged from any sources whatsoever such quantities of air contaminants or other material in such quantity as to cause injury, detriment, nuisance or annoyance to any considerable number of persons or to the public in general or to endanger the comfort, repose, health or safety of any such considerable number of persons or to the public in general or to cause or have a natural tendency to cause injury or damage to business, vegetation or property.

6.

Odor. The emissions of odors that are generally agreed to be obnoxious to any considerable number of persons shall be prohibited. Observations of odor shall be made at the property line of the establishment causing the odor. As a guide to classification of odor it shall be deemed that strong odors of putrefaction and fermentation tend to be obnoxious and that such odors as associated with baking or the roasting of nuts and coffee shall not normally be considered obnoxious within the meaning of this Ordinance.

7.

Gases. The gases Sulphur Dioxide, Hydrogen Sulphide and Carbon Monoxide shall not exceed five parts per million. All nitrous fumes shall not exceed one part per million. Measurements shall be taken at the property line of the particular establishment involved.

8.

Vibration. All machines including punch presses and stamping machines shall be so mounted as to minimize vibration and in no case shall such vibration exceed a displacement of three one-thousandths of an inch measured at the property line. The use of steam or broad hammers shall not be permitted.

9.

Glare and Heat. All glare, such as welding arcs and open furnaces, shall be shielded so that they shall not be visible from the property line. No heat from furnaces or processing equipment shall be sensed at the property line to the extent of raising the temperature of air or materials more than five degrees Fahrenheit.

B.

Accessory uses and structure. Accessory uses and structures normally appurtenant to the permitted uses and structures and to uses and structures permitted as exceptions.

C.

Prohibited uses and structures. The following uses and structures shall not be permitted in the (I-1) Light Industrial District:

1.

Abattoirs.

2.

Acetylene gas manufacture or storage.

3.

Acid manufacture.

4.

Ammonia, bleaching powder or chlorine manufacture.

5.

Arsenal.

6.

Asphalt manufacture or refining.

7.

Blast furnace.

8.

Boiler works.

9.

Brick, tile or terra cotta manufacture.

10.

Candle manufacture.

11.

Bag cleaning.

12.

Celluloid manufacture.

13.

Coke ovens.

14.

Crematory.

15.

Creosote treatment or manufacture.

16.

Disinfectant manufacture.

17.

Distillation of bones, coal or wood.

18.

Dyestuff manufacture.

19.

Extermination and insect poison manufacture.

19[.1].

Washing or cleaning of livestock vehicles and/or trailers that transport livestock.

20.

Emery cloth or sand paper manufacture.

21.

Fat rendering.

22.

Fertilizer manufacture.

23.

Fireworks or explosive manufacture or storage.

24.

Fish smoking or curing.

25.

Storage plant.

26.

Gas (illuminating or heating) manufacture.

27.

Glue, size or gelatin manufacture.

28.

Gunpowder manufacture or storage.

29.

Iron, steel, brass or copper foundry.

30.

Lamp black manufacture.

31.

Oilcloth or linoleum manufacture.

32.

Oiled rubber or leather goods manufacture.

33.

Ore, milling or smelting of.

34.

Paint, oil, shellac, turpentine or varnish manufacture.

35.

Paper and pulp manufacture.

36.

Perfume manufacture.

37.

Plating works.

38.

Potash works.

39.

Printing ink manufacture.

40.

Pyroxlin manufacture.

41.

Rock crusher.

42.

Rolling mill.

43.

Rubber or gutta percha manufacture or treatment.

44.

Salt works.

45.

Sauerkraut manufacture.

46.

Sausage manufacture.

47.

Shoe blacking manufacture.

48.

Smelters.

49.

Soap manufacture.

50.

Soda and compound manufacture.

51.

Stock yards.

52.

Stone mill or quarry.

53.

Storage or bailing of scrap paper, bottles, iron, rags or junk.

54.

Stove polish manufacture.

55.

Sulfuric, nitric or hydrochloric acid manufacture.

56.

Tallow grease or lard manufacture.

57.

Tanning, curing, or storage of rawhides or skins.

58.

Tar distillation or manufacture.

59.

Tar roofing or waterproofing manufacture.

60.

Tobacco (chewing) manufacture or treatment.

61.

Vinegar manufacture.

62.

Wool pulling or scouring.

63.

Yeast plant.

64.

All uses excluded from the heavy industrial district.

65.

Public garages and gasoline or service stations; provided, however, that a permit for the location and maintenance of a garage, gasoline or service station may be granted by the City Council. If there is on file with the Municipal Clerk-Treasurer the written consent of the owners of 75 percent of the area of all the real estate within 300 feet of any part of the premises where such public garage, gasoline service station is to be established, erected or enlarged; provided, however, that no public garage, gasoline or service station shall be erected to a height in excess of one story without the approval of the City Council and no public garage, gasoline, or service station shall have an entrance or exit of a public or private school, playground, public library, church, hospital, or children's or rest home or other similar public or semi-public institutions.

D.

Area, yard and height requirements for this district shall be:

1.

Height. No building hereafter erected or structurally altered which is of non-fireproof construction shall exceed 45 feet and no building of fireproof construction shall exceed a height of 150 feet.

2.

Rear yard. For business and commercial buildings there shall be a rear yard of not less than four feet. For residential buildings the rear yard shall be the same as required in the (R-2) Residential District.

3.

Side yard. Same as (C-1) Business District.

4.

Setback. Same as (C-1) Business District.

5.

Outer court. Same as (C-1) Business District.

6.

Inner court. Same as (C-1) Business District.

7.

Lot area. Buildings or parts of buildings hereafter erected or structurally altered for residential purposes shall provide a lot area of not less than 4,000 square feet per family housed, except a duplex, in which case a minimum of 2,200 square feet shall be provided. This regulation shall not apply to hotels where no cooking is done in any individual room and apartment houses. All other buildings shall provide a lot area of not less than 500 square feet.

E.

Sign regulations.

1.

On and Off-site Signs on Interstate or Federal Aid Primary Highways. The erection or maintenance of any advertising sign, display, or device which is visible to the traveled way of the National System of Interstate and Defense Highways, and the System of Federal-Aid primary roads of the State of Nebraska as defined by the Nebraska Department of Roads, is hereby prohibited unless in compliance with the regulations set forth within Rules and Regulations Relating to the Control of Advertising in Areas Adjacent to the Interstate and Federal Aid Primary Highways; as amended, adopted and published by the Nebraska Department of Roads.

2.

On-site Signs. On-site signs not on interstate or federal aid primary highways, and erected as an on-site sign in those districts where such is permitted, shall have a maximum surface area of 80 square feet and shall be located in an area from the street right-of-way to a point 15 feet beyond the right-of-way.

3.

Off-Site Signs. Off-site signs not on interstate or federal aid primary highways, erected in those districts where permitted, shall conform to the following requirements:

Each sign shall have a maximum surface area of 80 square feet;

Each sign shall have a maximum width of ten feet and a maximum height of eight feet;

The highest point of any sign shall not extend more than 20 feet measured from ground level at its supports;

Each sign shall be no less than 100 feet from any other sign erected on the same side of a street from which the signs are intended to be read;

Each sign shall not be closer than 50 feet from a street intersection at grade;

Each sign shall be located in an area from the street or road right-of-way to a point 15 feet beyond the right-of-way.

(Ord. No. 832, § 1, 5-5-2005)

This district is designed to provide space for the widest range of industrial operations permitted in the City which are able to meet certain performance standards to protect nearby noncommercial and non-industrial uses from undesirable environmental conditions.

A.

Permitted uses and structures. In the (I-2) Heavy Industrial District, buildings, structures and lands may be used for any purposes except as junk salvage, auto wrecking or similar operation. All other buildings, structures, and land must meet the following performance standards, and provided those uses permitted as exceptions have fulfilled the requirements of this Ordinance relating to exceptions:

1.

Fire Hazard. All flammable substances involved in and activity established in the district shall be handled in conformity with the latest edition of the Fire Prevention Code published by the American Insurance Association and other Ordinances.

2.

Noise. All noises and noise causing activities shall be muffled so that they will not create a disturbance greater than normal peak hour traffic noise of a major street when observed from any area in a Residential District. Major street noise for comparison purposes shall be measured at the property line.

3.

Sewage and Liquid Waste. No operation shall be carried on which involves the discharge into a sewer, water course or the ground of liquid wastes of any radioactive nature, or liquid waste of a chemical nature which are detrimental to normal sewage pant operation or corrosive and damaging to sewer pipes and installations.

4.

Air Contaminants. Air contaminants and smoke shall be less dark than designated Number One on the Ringelmann Chart as published by the United States Bureau of Mines, except that smoke of a density designated as Number Two shall be permitted for an aggregate ten-minute period of each one-half hour. Light-colored contaminants of such opacity as to obscure an observer's view to a degree equal to or greater than the aforesaid shall not be permitted.

Particulate matter or dust as measured at the point of emission by any gene rally accepted method shall not be emitted in excess of two-tenths grains per cubic foot as corrected to a temperature of 500 degrees Fahrenheit. Except for a period of four minutes in any one-half hour, at which time it may equal but not exceed six-tenths grains per cubic foot as corrected to a temperature of 500 degrees Fahrenheit.

Due to the fact that the possibilities of air contaminants cannot be comprehensively covered in this section there shall be applied the general rule that there shall not be discharged from any source whatsoever such quantities of air contaminants or other material in such quantity as to cause injury, detriment, nuisance or annoyance to any considerable number of persons or to the public in general or to endanger the comfort, repose, health or safety of any such considerable number of persons or the general public or to cause or have a natural tendency to cause injury or damage to business, vegetation or property.

5.

Odor. Odor causing operations shall be controlled so as to reduce escape of odors to the minimum practical within the limits of technology and economics.

6.

Gases. All noxious gases shall be controlled to the extent that they will not be injurious to life and property. The gases Sulphur Dioxide and Hydrogen Sulphide shall not exceed five parts per million, carbon monoxide shall not exceed 25 parts per million, and nitrous fumes shall not exceed five parts per million. All measurements shall be made at the property line.

7.

Vibration. All machines including punch presses and stamping machines shall be mounted so as to minimize vibration. Vibration shall not be so excessive that it interferes with industrial operations on nearby lots.

B.

Accessory uses and structures. Accessory uses and structures normally appurtenant to the permitted uses and structures and to uses and structures permitted as exceptions.

C.

Special exceptions; conditional uses. After the provisions of this Ordinance relating to exceptions have been fulfilled, the City Council may permit the following conditional uses as exceptions in the (I-2) Heavy Industrial District.

(Ord. No. 851, § 1, 4-5-2007)

This district is designed to include the performance of utility, educational, recreational, cultural, medical, protective, and governmental functions, and other uses that are strongly vested with public or social importance.

A.

Permitted uses and structures.

1.

Administrative Services. The use of a site for provision of offices or administrative, clerical, or public contact services, together with incidental storage and maintenance of necessary vehicles. This use includes federal, state, county, and city offices.

2.

Aviation Facilities. The use of a site for provision of landing fields, aircraft parking and service facilities, and related facilities for operation, service, fueling, repair, storage, charter, sales, or rental of aircraft, including activities directly associated with the operation and maintenance of airport facilities.

3.

Camp. The use of a site for provision of indoor or outdoor activities for children, including sports, arts and crafts, entertainment, recreation, educational activities, swimming, fishing, horseback riding, and incidental food service. If incidental to the camp use, camp facilities may be used to provide meeting, recreation, or social facilities for a private association or group.

4.

Cemetery. The use of land that is dedicated for cemetery purposes for the burial of the dead, including columbariums, crematoriums, mausoleums, and mortuaries.

5.

Club or Lodge. The use of a site for provision of meeting, recreational, or social facilities by a private or nonprofit association, primarily for use by members and guests. This use includes private social clubs and fraternal organizations.

6.

College and University Facilities. The use of a site as an educational institution of higher learning.

7.

Communication Service Facilities. The use of a site for the transmission, transfer, or distribution of telephone service and related activities.

8.

Community Recreation (Private). The use of a site for the provision of an indoor or outdoor recreational facility for use by residents or guests of a residential development, planned unit development, church, private primary or secondary educational facility, club or lodge, or non-profit organization.

9.

Community Recreation (Public). The use of a site for the provision of an indoor or outdoor recreational facility for use by the general public, but not for economic gain.

10.

Congregate Living. The use of a site for the provision of 24-hour supervision and assisted living for more than 15 residents not needing regular medical attention. This use includes personal care homes for the physically impaired, mentally disabled, developmentally disabled, or persons 60 years of age or older, basic child care homes, maternity homes, and emergency shelters for victims of crime, abuse, or neglect.

11.

Convalescent Services. The use of a site for the provision of bed care and in-patient services for persons requiring regular medical attention. This use excludes the provision of surgical or emergency medical services and the provision of care for alcoholism, drug addiction, mental disease, or communicable disease.

12.

Convention Center. The use of a site for the provision of space or facilities owned or managed by the City for conventions, meetings, exhibitions, shows, gatherings, presentations, or celebrations, including related incidental facilities for office and administrative use, food and beverage preparation and service, and on-site and off-site parking facilities.

13.

Counseling Services. The use of a site for the provision of daytime counseling to neglected or abused children, 15 years of age or younger, or their managing conservators, who are referred by a governmental entity or other counseling service providers.

14.

Cultural Services. The use of a site for a library, museum, or similar facility.

15.

Day Care Services (commercial). The use of a site for the provision of daytime care for more than 20 persons. This use includes nursery schools, preschools, day care centers for children or adults, and similar uses, and excludes public and private primary or secondary educational facilities.

16.

Day Care Services (General). The use of a site for the provision of daytime care for more than 6 but not more than 20 persons. This use includes nursery schools, pre-schools, day care centers for children or adults, and similar uses, and excludes public and private primary or secondary educational facilities.

17.

Day Care Services (Limited). The use of a site for the provision of daytime care for six persons or less. This use includes nursery schools, preschools, day care centers for children or adults, and similar uses, and excludes public and private primary or secondary educational facilities.

18.

Detention Facilities. The use of a site for the provision by a public agency of housing and care for legally confined individuals.

19.

Employee Recreation. The use of a site for the provision of an indoor or outdoor recreational facility for use by employees of a business engaged in basic industry, commercial services, manufacturing, administrative activities, or research and development services that is located on property reserved by the business for future expansion.

20.

Family Home. The use of a site for the provision of a family-based facility providing 24 hour care in a protected living arrangement with not more than two supervisory personnel and not more than six residents who are suffering from orthopedic, visual, speech, or hearing impairments, Alzheimer's disease, pre-senile dementia, cerebral palsy, epilepsy, muscular dystrophy, multiple sclerosis, cancer, heart disease, diabetes, mental retardation, autism, or emotional illness.

21.

Group Home, Class I (General). The use of a site for the provision of a family-based facility providing 24 hour care in a protected living arrangement for more than 6 but not more than 15 residents and not more than 3 supervisory personnel. This use includes foster homes, homes for the physically and mentally impaired, homes for the developmentally disabled, congregate living facilities for persons 60 years of age or older, maternity homes, emergency shelters for victims of crime, abuse, or neglect, and residential rehabilitation facilities for alcohol and chemical dependence.

22.

Group Home, Class I (Limited). The use of a site for the provision of a family-based facility providing 24 hour care in a protected living arrangement for not more than 6 residents and 2 supervisory personnel. This use includes foster homes, congregate living facilities for persons 60 years of age or older, maternity homes, and homes for persons with physical or mental impairments not listed in the description of family home use. Persons with physical or mental impairments are persons whose impairments substantially limit one or more of the persons' major life activities, who have a record of the impairment, or who are regarded as having the impairment, as defined in the Americans with Disabilities Act.

23.

Group Home, Class II. The use of a site for the provision of a family-based facility providing 24-hour care in a protected living arrangement for not more than 15 residents and not more than three supervisory personnel. This use includes homes for juvenile delinquents, halfway houses providing residence instead of institutional sentencing, and halfway houses providing residence to those needing correctional and mental institutionalization.

24.

Guidance Services. The use of a site for the provision of daytime counseling, guidance, recuperative, or similar services to persons requiring rehabilitation assistance as a result of mental illness, alcoholism, detention, drug addiction, or similar condition.

25.

Hospital Services (General). The use of a site for the provision of medical, psychiatric, or surgical services on an in-patient basis, and includes ancillary facilities for out-patient and emergency treatment, diagnostic services, training, research, administration, and services to patients, employees, and visitors.

26.

Hospital Services (Limited). The use of a site for the provision of medical, psychiatric, or surgical services on an out-patient basis, and includes emergency treatment, diagnostic services, training, administration, and services to out-patients, employees, and visitors.

27.

Local Utility Services. The use of a site for the provision of services that are necessary to support the development in the area and involve only minor structures including lines and poles.

28.

Maintenance and Service Facilities. The use of a site for the provision of maintenance, repair, vehicular or equipment servicing, material storage, or similar activities, and includes equipment service centers and similar uses having characteristics of commercial services, contracting, or industrial activities.

29.

Major Utility Facilities. The use of a site for the provision of generating plants, electrical switching facilities or primary substations, refuse collection or disposal facilities, water or wastewater treatment plants, or similar facilities.

30.

Military Installations. The use of a site for the provision of military facilities by the federal or state government.

31.

Parks and Recreation Services (General). The use of a site for the provision of parks, playgrounds, recreation facilities, or open spaces available to the general public and under the management or control of a public agency.

32.

Park and Recreation Services (Special). The use of a site for the sale of beer or wine in a building that is located in a park or recreation facility under the management or control of a public agency.

33.

Postal Facilities. The use of a site for the provision of postal services and includes post offices, bulk mail processing, and sorting centers operated by the United States Postal Service.

34.

Private Primary Educational Facilities. The use of a site for a private or parochial school offering instruction at the elementary school level in the branches of learning and study required to be taught in the public schools of the state.

35.

Private Secondary Educational Facilities. The use of a site for a private or parochial school offering instruction at the junior and senior high school levels in the branches of learning and study required to be taught in the public schools of the state.

36.

Public Primary Educational Facilities. The use of a site for a public school offering instruction at the elementary school level in the branches of learning and study required to be taught in the public schools of the state.

37.

Public Secondary Educational Facilities. The use of a site for a public school offering instruction at the junior and senior high school levels in the branches of learning and study required to be taught in the public schools of the state.

38.

Community Garden. The use of a site for the provision of space available for public gardening.

39.

Railroad Facilities. The use of a site for provision of railroad yards, equipment servicing facilities, or terminal facilities.

40.

Religious Assembly. The use of regular organized religious worship or religious education in a permanent or temporary building. The use excludes private primary or secondary educational facilities, community recreational facilities, day care facilities, and parking facilities. A property tax exemption is prima facie evidence of religious assembly use.

41.

Residential Treatment. The use is 24-hour supervision, counseling, or treatment for more than 15 residents not needing regular medical attention. This use includes alcohol and chemical dependency rehabilitation facilities, facilities to which persons convicted of alcohol or drug-related offenses are ordered to remain under custodial supervision as a condition of probation or parole, and residential care facilities and halfway houses for the emotionally ill.

42.

Safety Services. The use of a site for provision of public safety and emergency services, and includes police and fire protection services and emergency medical and ambulance services.

43.

Telecommunication Tower. The use of a site for provision of a structure built exclusively to support one or more antennae for receiving or transmitting electronic data or telephone communications.

44.

Transitional Housing. The use of a site for the supervision or detention of more than 15 residents who are making the transition from institutional to community living. This use includes pre-parole detention facilities and halfway houses for juvenile delinquents and adult offenders, and overnight shelters for the homeless.

45.

Transportation Terminal. The use of a site for the provision of a facility for the loading, unloading, or interchange of passengers, baggage, or incidental freight or package express between modes of transportation, and includes bus terminals, railroad stations, airport terminals, and public transit facilities.

(Ord. No. 930, § 1, 11-16-2016)