A.

Permitted, Limited, Conditional, and Prohibited Uses. Contained in this article are tables that set out which uses are allowed by right (permitted), allowed subject to special standards (limited) or processes (conditional), and not allowed (prohibited) in each zoning district. In general, land uses are either permitted or prohibited in each zoning district. However, for some uses, there are other classifications, as follows:

1.

Limited uses may be approved by the zoning administrator, according to the procedures set out in Subsection 11-315.01., Certificate of Zoning Compliance (Limited Uses); and

2.

Conditional uses may be approved after a public hearing by the planning commission and consideration of the city council, according to the use procedures set out in Subsection 11-316.05., Conditional Use Permit, which may apply general and/or special standards to ensure that the use is compatible with adjacent land uses and the community as a whole.

B.

Uses That Are Not Specifically Listed. Any use that is not listed in the series of tables in Section 11-502, Land Use Tables, may be determined to be a subcategory of or functionally similar to a permitted, limited, or conditionally permitted, use, as set out in Section 11-503, Unlisted or Functionally Similar Uses. Where an unlisted use cannot be determined to be a subcategory of or functionally similar to a permitted, limited, or conditionally permitted, use, a conditional use permit shall be required.

C.

Temporary Uses. Set out in Section 11-505, Temporary Uses, are the standards for the approval of temporary uses, including, but not limited to, commercial, community and neighborhood events, and temporary construction, storage, and refuse collection uses.

D.

More Than One Main Use.

1.

When a building or premises has more than one main use, each main use shall comply with the regulations of the zoning district in which the use is located.

2.

More than one main building or use on a lot or tract. A lot or tract located in a commercial or industrial district may have more than one main building or use, but only when such buildings or uses conform to all open space requirements for the district in which the lot or tract is located.

Two or more buildings for two-family dwellings, multiple-family, or institutional purposes. In the event that a lot or tract located in an appropriate residential zoning district is to be by a group of two or more buildings to be used as a unit for any combination of two-family dwellings, multiple-family dwelling, or institutional purposes, there may be more than one main building on the lot. In addition, the lot or tract must meet the height and area regulations in said district for each main building or use

(Ord. No. 5485, § 1, 1-29-19)

A.

Using the Tables. The tables in this section list the applicable land uses in rows, organized by category. The zoning districts are arranged in columns. Where rows and columns intersect, a letter indicates if the use is permitted, limited, conditionally permitted, or prohibited in the district.

B.

Symbols. The tables in this section use the following symbols:

1.

"P" means that the land use is a permitted use, subject to the standards that apply to all permitted uses. The use is approved by the zoning administrator, or an appointee.

2.

"L" means that the land use is a limited use, which is permitted by right and may be approved by the zoning administrator, subject to:

a.

The standards for permitted uses that are set forth in this UDC; and

b.

The applicable limited use standards for the specified use, as set forth in Section 11-504, Limited and Conditional Uses.

3.

"C" means that the use is allowed as a conditional use, which may be approved following a public hearing by the planning commission and consideration of the city council, subject to:

a.

The standards for permitted uses that are set forth in this UDC;

b.

The applicable limited use standards for the specified use, as set forth in Section 11-504, Limited and Conditional Uses; and

c.

The procedures set forth in Subsection 11-316.05., Conditional Use Permit.

4.

"-" means that the use is a prohibited use in the specified zoning district.

A.

Residential and Commercial Uses of the Home. Set out in Table 11-502.01., Residential and Commercial Use of the Home, are the permitted, limited, conditionally permitted, and prohibited residential and commercial uses of the home in each district. Refer to Section 11-600, Development Yield and Lot Standards, for applicable district intensity and development standards.

(Ord. No. 5443, 4-24-18; Ord. No. 5642, § 1, 6-13-23)

Set out in Table 11-502.02., Institutional, Recreation, and Amusement Uses, is the permitted, limited, conditional, and prohibited institutional, recreation, and amusement uses in each district. Refer to Section 11-600, Development Yield and Lot Standards, for applicable district intensity and development standards.

(Ord. No. 5453, 7-31-18; Ord. No. 5531, § 1, 4-28-20; Ord. No. 5557, § 1, 3-30-21; Ord. No. 5642, § 1, 6-13-23)

Set out in Table 11-502.03., Commercial Uses, is the permitted, limited, conditional, and prohibited commercial uses in each district. Refer to Section 11-600, Development Yield and Lot Standards, for applicable district intensity and development standards.

(Ord. No. 5464, 9-25-18; Ord. No. 5558, § 1, 3-30-21; Ord. No. 5642, § 1, 6-13-23)

Set out in Table 11-502.04., Agriculture, Industrial, Utility, Transportation, and Communication Uses, are the permitted, limited, conditional, and prohibited agriculture, industrial, utility, transportation, and communication uses in each district. Refer to Section 11-600, Development Yield and Lot Standards, for applicable district intensity and development standards.

(Ord. No. 5571, § 1, 6-8-21; Ord. No. 5642, § 1, 6-13-23)

A.

Authorization of Proposed Use. If a proposed use is not specified in Section 11-502, Land Use Tables, and the zoning administrator has made a determination that the use is either a subcategory of a permitted, limited, or conditional use, or a use that is functionally similar to a permitted, limited, or conditionally permitted use, the zoning administrator may authorize the proposed use, and apply all standards that would have applied to the similar use.

B.

Decision Criteria. The following decision criteria shall be evaluated when the zoning administrator, or at the zoning administrator's discretion, the planning commission, decides whether a proposed use is a subcategory of, or is functionally comparable to, an allowed, limited, or conditionally permitted use:

1.

The physical characteristics of the unlisted use, and its supporting structures, including, but not limited to, bulk, area, height, parking, landscaping and other nuisance related controls are functionally comparable; and,

2.

Whether the unlisted use complements or is compatible in intensity and appearance with the other uses permitted in the district in which it is to be located.

A.

Timing of Compliance. The standards of this section apply at the time a limited or conditionally permitted use is requested to be established in a new or existing structure, and/or when an existing limited or conditionally permitted use is proposed to be enlarged, altered, or modified. This section applies to an expansion, alteration, or modification of use whether it is to or within an existing building, in an outdoor area devoted to the use, or a combination thereof.

B.

Other Applicable Standards. The standards of this section are applied in addition to the other applicable standards of this UDC.

C.

Procedures. For conditionally permitted uses, the procedures set out in Subsection 11-316.05., Conditional Use Permit, shall also apply.

D.

Uses Not Listed. If there are limited and conditional uses specified in the tables of Section 11-502, Land Use Tables, that are not included in this section, all applicable standards of this UDC and all conditions of approval that may be determined by the planning commission and city council shall apply.

The standards of this section apply to residential and commercial use of the home that are specified in Table 11-502.01., Residential and Commercial Use of the Home, as limited ("L") or conditional ("C").

Residential Uses

A.

An Accessory Dwelling Unit ("ADU") is permitted if it is demonstrated that:

1.

No more than one ADU is constructed per residentially zoned lot or tract; where one or more houses are permitted on a single lot or tract, no more than one ADU is constructed per house;

2.

The maximum size of an ADU is less than 75 percent of the principle building footprint or 850 square feet, whichever is less;

3.

The maximum height of an ADU is the lesser of 24 feet or the height of the principle building;

4.

Roof pitch, trim, eaves, window orientation and dimensions, exterior finish materials and features, are the same or comparable to that of the principle building; and

5.

Required parking for the principle building, either complies with Section 11-800, Parking, Loading, and Access, or will be constructed/reconstructed to comply with Section 11-800, Parking, Loading, and Access, prior to occupancy.

B.

Multifamily Dwellings are permitted if it is demonstrated that:

1.

They are located greater than 300 feet from either R, MH, BP, LI, GI, AV or PO district boundaries, as measured from the boundary lines nearest each other, unless separated from such district by a type B bufferyard or a collector or arterial roadway;

2.

They are located greater than 300 feet from any other multiple family development, as measured from the boundary lines nearest each other;

3.

There are no more than 12 units per acre;

4.

The use operates in accordance with all other applicable federal, state, and local laws and, if additional permits are required, such permits were obtained prior to beginning operation.

C.

Single-Family Attached Dwellings are permitted if it is demonstrated that:

They are not located closer than 300 feet to either MH, BP, LI, GI, AV or PO district boundaries, unless separated from such district by a type B bufferyard or local, collector, or arterial roadway.

D.

Single-Family Detached Dwellings are permitted if it is demonstrated that:

They are located greater than 300 feet from either MH, BP, LI, GI, or AV district boundaries, unless separated from such district by a type B bufferyard or a local, collector or arterial roadway.

Commercial Use of the Home

E.

Boarding Houses are permitted if it is demonstrated that:

1.

They are located greater than 300 feet from either MH, BP, LI, GI, or AV district boundaries, unless separated from such district by a type B bufferyard or a local, collector or arterial roadway;

2.

The principal use is for lodging with accessory uses such as catering or events venue requiring conditional use approval;

3.

Parking, and loading, is provided on-site; and

4.

All off-street parking, and loading, complies with the provisions of Section 11-800, Parking, Loading, and Access and is fully screened from the view of the public and adjacent properties with a berm, opaque fence, and/or hedge.

F.

Family Child Care Homes are permitted, provided it is demonstrated that:

1.

They are located greater than 300 feet from either MH, BP, LI, GI, or AV district boundaries, unless separated from such district by a type B bufferyard or a local, collector or arterial roadway;

2.

The use is limited to a single-family detached dwelling that meets all standards of this UDC;

3.

There is adequate space on-site for temporary parking, and drop-off and pick-up during peak times;

4.

Adequate precautions have been taken on behalf of the operator so as not to create an undue burden on neighboring properties via traffic, parking, and noise;

5.

The operator for the use meets all certification, licensing, and/or monitoring requirements of the Nebraska Department of Health and Human Services, Division of Public Health, for a Family Child Care Home I or II (refer to the definitions for Family Child Care Home I and II).

G.

Home Based Businesses are permitted, provided it is demonstrated that:

1.

The home based business is incidental and secondary to the primary use of the property as a residence and conducted wholly within the principal building and any accessory buildings;

2.

The total floor area does not exceed 50 percent of the total floor area of the principal building, inclusive of attached garages and accessory buildings;

3.

No stock-in-trade is displayed or sold upon the premises;

4.

The home based business does not employ more than two full time or part time employees on site other than the residents of the dwelling unit, and one off-street parking space is available and used by each non-resident employee;

5.

No alterations have been made to the building that changes the residential character or appearance of the dwelling to accommodate the home based business;

6.

Mechanical or electrical equipment supporting the home based business is limited to that which is self-contained within the structure and normally used for office, domestic, or household purposes;

7.

There is no outdoor display or storage of goods, materials, merchandise, or equipment related to the home based business;

8.

The home based business does not require the delivery or shipment of goods, materials, merchandise, or equipment by any means other than passenger vehicles, one ton step-up vans, or similar-sized trucks that are less than seven tons gross vehicle weight;

9.

Parking needs generated by a home based business are satisfied with off-street parking. Sales and services to patrons are arranged by appointment and scheduled so that not more than one patron vehicle is on the premises at any one time and that the use of on-street parking for home based businesses is strictly prohibited;

10.

The home based business is conducted so that it does not create parking or traffic congestion or otherwise unreasonably interfere with the peace and enjoyment of surrounding homes as places of residence;

11.

All off-street parking complies with the provisions of Section 11-800, Parking, Loading, and Access, and is screened from the view of the public and adjacent properties with a berm, opaque fence, and/or hedge;

12.

The home based business does not create or cause any perceptible noise, odor, smoke, electrical interference, or vibrations that constitute a public or private nuisance to neighboring properties;

13.

The home based business does not discharge into any sewer, storm drain, or on the ground any material which is radioactive, poisonous, or detrimental to either waste water or storm water systems;

14.

The home based business is not any more dangerous to life, personal safety, or property than any other activity ordinarily carried on with respect to a dwelling unit used solely for residential purposes; and

15.

The home based business operates in accordance with all applicable laws and, if a state permit is required, such permit was obtained prior to beginning operation.

Exceptions. The following businesses shall not be permitted as home based businesses:

1.

Any use listed in Table 11-502.02., Institutional, Recreation and Amusement Uses;

2.

Adult establishments;

3.

Alcoholic beverage sales;

4.

Animal boarding, grooming or veterinary services of any kind;

5.

ATM / vending kiosk;

6.

Auto sales, rental, repair or service of any kind;

7.

Gaming services;

8.

Lodging services of any kind;

9.

Commercial parking operations;

10.

Retail sales of any kind;

11.

AFO / CAFO;

12.

Extractive industry;

13.

Heavy industry;

14.

Light industry;

15.

Landfill;

16.

Self-service storage or storage yard of any kind; or

17.

Any other use not specifically listed in Section 11-502, Land Use Tables.

H.

Home Occupations are permitted, provided it is demonstrated that:

1.

The home occupation is incidental and secondary to the primary use of the property as a residence and conducted wholly within the principal building and any accessory buildings;

2.

The total floor area does not exceed 20 percent of the total floor area of the principal dwelling, inclusive of attached garages and accessory buildings;

3.

No stock-in-trade is displayed or sold upon the premises;

4.

The home occupation is owned and operated by a person residing in the dwelling unit, and does not employ on-site any person other than a resident of the dwelling unit;

5.

No alterations have been made to the building that changes the residential character or appearance of the dwelling to accommodate the home occupation;

6.

Mechanical or electrical equipment supporting the home occupation is limited to that which is self-contained within the structure and normally used for office, domestic, or household purposes;

7.

There is no outdoor display or storage of goods, materials, merchandise, or equipment related to the home occupation;

8.

The home occupation does not require the delivery or shipment of goods, materials, merchandise, or equipment by any means other than passenger vehicles, one ton step-up vans, or similar-sized trucks that are less than seven tons gross vehicle weight;

9.

Parking needs generated by a home occupation are satisfied with off-street parking. Sales and services to patrons are arranged by appointment and scheduled so that not more than one patron vehicle is on the premises at any one time and that the use of on-street parking for home occupations is strictly prohibited;

10.

The home based business is conducted so that it does not create parking or traffic congestion or otherwise unreasonably interfere with the peace and enjoyment of surrounding homes as places of residence;

11.

All off-street parking complies with the provisions of Section 11-800, Parking, Loading, and Access, and will be fully screened from the view of the public and adjacent properties with a berm, opaque fence, and/or hedge;

12.

There will be no signage or any other visible indication relating to the home occupation;

13.

The home occupation does not create or cause any perceptible noise, odor, smoke, electrical interference, or vibrations that constitute a public or private nuisance to neighboring properties;

14.

The home occupation does not discharge into any sewer, storm drain, or on the ground any material which is radioactive, poisonous, or detrimental to either waste water or storm water systems;

15.

The home occupation is not any more dangerous to life, personal safety, or property than any other activity ordinarily carried on with respect to a dwelling unit used solely for residential purposes; and

16.

The home occupation operates in accordance with all applicable laws and, if a state permit is required, such permit was obtained prior to beginning operation.

Exceptions. The following businesses shall not be permitted as home occupations:

1.

Any use listed in Table 11-502.02., Institutional, Recreation and Amusement Uses;

2.

Adult establishments;

3.

Alcoholic beverage sales;

4.

Animal boarding, grooming or veterinary services of any kind;

5.

ATM/vending kiosk;

6.

Auto sales, rental, repair or service of any kind;

7.

Gaming services;

8.

Lodging services of any kind;

9.

Commercial parking operations;

10.

Retail sales of any kind;

11.

AFO / CAFO;

12.

Extractive industry;

13.

Heavy industry;

14.

Light industry;

15.

Landfill;

16.

Self-service storage or storage yard of any kind; or

17.

Any other use not specifically listed in Section 11-502, Land Use Tables.

The standards of this section apply to institutional, recreation, and amusement uses that are specified in Table 11-502.02., Institutional, Recreation, and Amusement Uses, as limited ("L") or conditional ("C").

Institutional Uses

A.

Adult Day Services and Child Care Centers are permitted if it is demonstrated that:

1.

They are located greater than 300 feet from either R, SR, AR, MH, LI, GI, AV or PO district boundaries, as measured from the boundary lines nearest each other, unless separated from such district by a type B bufferyard or a collector or arterial roadway;

2.

Primary access to the site is from a collector or arterial roadway;

3.

Adequate precautions have been taken on behalf of the operator so as not to create an undue burden on neighboring properties via traffic, parking, and noise; and

4.

The use operates in accordance with all other applicable federal, state, and local laws and, if additional permits are required, such permits were obtained prior to beginning operation.

B.

Ambulatory Surgery Centers, Health Clinics, and Hospitals are permitted if it is demonstrated that:

1.

They are located greater than 300 feet from either R, SR, AR, MH, LI, GI, AV or PO district boundaries, as measured from the boundary lines nearest each other, unless separated from such district by a type B bufferyard or a collector or arterial roadway;

2.

Primary access to the site is from a collector or arterial roadway;

3.

Adequate precautions have been taken on behalf of the operator so as not to create an undue burden on neighboring properties via traffic, parking, and noise; and

4.

The use operates in accordance with all other applicable federal, state, and local laws and, if additional permits are required, such permits were obtained prior to beginning operation.

C.

Assisted Living Facilities and Nursing Homes are permitted if it is demonstrated that:

1.

They are located greater than 300 feet from either R, SR, AR, MH, LI, GI, AV or PO district boundaries, as measured from the boundary lines nearest each other, unless separated from such district by a type B bufferyard or a collector or arterial roadway;

2.

Primary access to the site is from a collector or arterial roadway;

3.

Adequate precautions have been taken on behalf of the operator so as not to create an undue burden on neighboring properties via traffic, parking, and noise; and

4.

The use operates in accordance with all other applicable federal, state, and local laws and, if additional permits are required, such permits were obtained prior to beginning operation.

D.

Cemeteries are permitted if it is demonstrated that:

1.

Any cemetery established after the effective date of this chapter shall contain a minimum of 15 acres.

2.

A physical description of the facility and a site plan drawn to scale that included, but is not limited to, property boundaries, structures on the site, the location and arrangement of parking spaces, the traffic circulations pattern, loading and unloading areas, fencing, landscaping, and entrances/exits to such facility.

3.

All required setbacks shall be maintained as landscaped or open space areas. Additional setback or screen requirements may be required to minimize impacts on adjacent properties.

4.

Prior to use, such facilities shall comply with all applicable state and local laws and regulations.

E.

Child Care Centers are conditionally permitted provided that:

1.

Child Care Centers in the R, SR, AR or UR districts may only be permitted in places of public assembly that provide adequate area for off-street circulation, drop-off and parking.

2.

In all instances the site is 300 feet from a MH, LI, GI, AV or PO district as measured from the boundary lines nearest each other, unless separated from such district by a type B bufferyard or a collector or arterial roadway;

3.

Primary access to the site is from a collector or arterial roadway

4.

Adequate precautions have been taken on behalf of the operator so as not to create an undue burden on neighboring properties via traffic, parking and noise; and

5.

The application shall be accompanied by the following information

a.

The number of children and number of staff members on the largest shift;

b.

A physical description of the facility and a site plan drawn to scale that includes, but is not limited to, property boundaries, structures on the site, the location and arrangement of parking spaces, the traffic circulations pattern, loading and unloading areas, fencing, landscaping, play area, and entrances/exits to such facility.

c.

Prior to occupancy, such facilities shall comply with all applicable state and local laws and regulations.

F.

Civic Clubs and Private Clubs are permitted if it is demonstrated that:

1.

An adequate buffer yard and landscaping is provided between the use and residential or industrial uses.

2.

Adequate parking and access is available that does not have a negative impact on residential uses;

3.

Adequate precautions have been taken on behalf of the operator so as to not create an undue burden on neighboring properties via traffic, parking, and noise; and

4.

The use operates in accordance with all other applicable federal, state and local laws, and if additional permits are required, such permits were obtained prior to beginning operation.

G.

Colleges, Universities, and Vocational Schools are permitted if it is demonstrated that:

1.

They are located greater than 300 feet from either R, SR, AR, MH, LI, GI, or AV district boundaries, as measured from the boundary lines nearest each other, unless separated from such district by a type B bufferyard or a collector or arterial roadway;

2.

Primary access to the site is from a collector or arterial roadway;

3.

Adequate precautions have been taken on behalf of the operator so as not to create an undue burden on neighboring properties via traffic, parking, and noise; and

4.

The use operates in accordance with all other applicable federal, state, and local laws and, if additional permits are required, such permits were obtained prior to beginning operation.

H.

Educational Facilities are permitted if it is demonstrated that:

1.

They are located greater than 300 feet from either MH, LI, GI, or AV district boundaries, as measured from the boundary lines nearest each other, unless separated from such district by a type B bufferyard or a collector or arterial roadway;

2.

Primary access to the site is from a collector or arterial roadway;

3.

Adequate precautions have been taken on behalf of the operator so as not to create an undue burden on neighboring properties via traffic, parking, and noise; and

4.

The use operates in accordance with all other applicable federal, state, and local laws and, if additional permits are required, such permits were obtained prior to beginning operation.

I.

Mental Health Centers and Substance Abuse Treatment Centers are permitted if it is demonstrated that:

1.

They are located greater than 300 feet from either R, SR, AR, MH, LI, GI, AV or PO district boundaries, as measured from the boundary lines nearest each other, unless separated from such district by a type B bufferyard or a collector or arterial roadway;

2.

Primary access to the site is from a collector or arterial roadway;

3.

Adequate precautions have been taken on behalf of the operator so as not to create an undue burden on neighboring properties via traffic, parking, and noise; and

4.

The use operates in accordance with all other applicable federal, state, and local laws and, if additional permits are required, such permits were obtained prior to beginning operation.

J.

Public Assembly facilities are permitted if it is demonstrated that:

1.

They are located greater than 300 feet from either GI or AV district boundaries, as measured from the boundary lines nearest each other, unless separated from such district by a type B bufferyard or a local, collector, or arterial roadway;

2.

Primary access to the site is from a collector or arterial roadway;

3.

Adequate precautions have been taken on behalf of the operator so as not to create an undue burden on neighboring properties via traffic, parking, and noise; and

4.

The use operates in accordance with all other applicable federal, state, and local laws and, if additional permits are required, such permits were obtained prior to beginning operation.

Recreation and Amusement Uses

K.

Campgrounds may be allowed as a conditional use if the following provisions are met:

1.

Campgrounds shall be located greater than three-hundred 300 feet from either SR, AR, MH, GI or AV district boundaries, as measured from the boundary lines of the subject parcel, unless separated from such district by a type C bufferyard or a collector, or arterial roadway;

2.

Primary access to the site shall be from a collector or arterial roadway;

3.

Adequate precautions have been taken on behalf of the operator so as not to create an undue burden on neighboring properties via traffic, parking, and noise;

4.

Plumbing systems and equipment shall be constructed, installed and maintained in accordance with the most recently adopted version of the plumbing code with a minimum number of fixtures provided in accordance with R-2 occupancy classifications (occupancy loads are calculated at a rate of four occupants per site);

5.

The use shall operate in accordance with all other applicable federal, state, and local laws and, if additional permits are required, such permits were obtained prior to beginning operation.

L.

Health Club facilities are permitted if it is demonstrated that:

1.

They are located greater than 300 feet from any residential, GI or AV district boundaries, as measured from the boundary lines nearest each other, unless separated from such district by a type C bufferyard or a collector or arterial roadway;

2.

Primary access to the site is from a collector or arterial roadway;

3.

Adequate precautions have been taken on behalf of the operator so as not to create an undue burden on neighboring properties via traffic, parking, and noise; and

4.

The use operates in accordance with all other applicable federal, state, and local laws and, if additional permits are required, such permits were obtained prior to beginning operation.

M.

Indoor Commercial Amusement facilities are permitted if it is demonstrated that:

1.

They are located greater than 300 feet from any residential, GI or AV district boundaries, as measured from the boundary lines nearest each other, unless separated from such district by a type C bufferyard or a collector or arterial roadway;

2.

Primary access to the site is from a collector or arterial roadway;

3.

Adequate precautions have been taken on behalf of the operator so as not to create an undue burden on neighboring properties via traffic, parking, and noise; and

4.

The use operates in accordance with all other applicable federal, state, and local laws and, if additional permits are required, such permits were obtained prior to beginning operation.

N.

Indoor Recreation facilities are permitted if it is demonstrated that:

1.

They are located greater than 300 feet from any residential, GI or AV district boundaries, as measured from the boundary lines nearest each other, unless separated from such district by a type C bufferyard or a collector or arterial roadway;

2.

Primary access to the site is from a collector or arterial roadway;

3.

Adequate precautions have been taken on behalf of the operator so as not to create an undue burden on neighboring properties via traffic, parking, and noise; and

4.

The use operates in accordance with all other applicable federal, state, and local laws and, if additional permits are required, such permits were obtained prior to beginning operation.

O.

Outdoor Commercial Amusement facilities are permitted if it is demonstrated that:

1.

They are located greater than 300 feet from either SR, AR, MH, GI or AV district boundaries, as measured from the boundary lines nearest each other, unless separated from such district by a type C bufferyard or a collector or arterial roadway;

2.

Primary access to the site is from a collector or arterial roadway;

3.

Activities are limited such that noise levels at the property line do not exceed:

a.

70 dBA between the hours of 10:00 a.m. and 9:00 p.m.;

b.

60 dBA between the hours of 9:00 p.m. and 11:00 p.m.; and

c.

40 dBA between the hours of 11:00 p.m. and 10:00 a.m; and

4.

The use operates in accordance with all other applicable federal, state, and local laws and, if additional permits are required, such permits were obtained prior to beginning operation.

P.

Personal Camp Site. Personal camp sites may be permitted if the following provisions are met.

1.

The required front yard setback for personal camp sites shall be calculated as the average of the existing front yard setbacks on the same block, however in no instance shall a personal camp site be located closer to the front lot line than an existing building or structure.

2.

A minimum of 1,500 square feet of lot area shall be provided per camping unit.

3.

A maximum of two camping units shall be permitted per lot.

4.

A camping unit shall not be occupied for more than 180 continuous days in any calendar year.

5.

No porches, lean-tos, or additions shall be constructed onto or immediately adjacent to a camping unit.

(Ord. No. 5453, 7-31-18; Ord. No. 5531, § 1, 4-28-20; Ord. No. 5559, § 1, 3-30-21)

The standards of this section apply to commercial uses that are specified in Table 11-502.03., Commercial Uses, as limited ("L") or conditional ("C").

A.

Adult Establishments are permitted by right in the LI and GI zoning districts, subject to the following standards and provisions:

1.

"Adult Establishment" means an "adult arcade", an "adult bookstore", an "adult motion picture theater", a "semi-nude lounge", or a "sex paraphernalia store" as those terms are defined in Fremont Municipal Code, Chapter 10, Article 11.

2.

No person shall establish, operate, or cause to be operated an adult establishment within:

a.

One thousand feet of another adult establishment;

b.

One thousand feet of a residential zoning district;

c.

One thousand feet of any parcel containing a dwelling unit;

d.

One thousand feet of any parcel containing an elementary or secondary school or a place of worship;

e.

One thousand feet of any parcel containing a publicly designated park owned or controlled by a municipality or special district that is available for use by the general public.

f.

The foregoing measurements shall be made in a straight line in all directions without regard to intervening structures or objects, from the closest part of the structure containing the adult establishment to the closest point on a property boundary of another adult establishment, a residential zoning district, or a parcel containing a dwelling unit, an elementary or secondary school, a place of worship, or a publicly designated park owned or controlled by a municipality or special district that is available for use by the general public.

3.

Fremont Municipal Code, Chapter 10, Article 11 contains additional regulations that govern adult establishments. The City's purpose, findings, and rationale for regulating adult establishments are set forth in that Article and are incorporated here by reference.

4.

Upon request from the city clerk, the zoning administrator shall approve or deny a certificate of zoning compliance for an adult establishment that has filed a completed application for an adult establishment license with the city clerk under Chapter 10, Article 11 of the Fremont Municipal Code. If the location for the adult establishment is in an allowed zoning district (see Table 11-502.03) and complies with the separation requirements in this section, the zoning administrator shall issue the certificate of zoning compliance simultaneously with the adult establishment license issued by the city clerk.

B.

Alcoholic Beverage Sales facilities are permitted if it is demonstrated that:

1.

They are located greater than 300 feet from any residential, GI, AV or PO district boundaries, as measured from the boundary lines nearest each other, unless separated from such district by a type C bufferyard or a collector or arterial roadway;

2.

Primary access to the site is from a collector or arterial roadway;

3.

Adequate precautions have been taken on behalf of the operator so as not to create an undue burden on neighboring properties via traffic, parking, and noise; and

4.

The use operates in accordance with all other applicable federal, state, and local laws and, if additional permits are required, such permits were obtained prior to beginning operation.

C.

Animal Grooming Facilities are permitted if it is demonstrated that:

1.

They are located greater than 300 feet from either SR, AR, UR, MH, LI, AV or PO district boundaries, as measured from the boundary lines nearest each other, unless separated from such district by a type B bufferyard or a collector or arterial roadway;

2.

Primary access to the site is from a collector or arterial roadway;

3.

Adequate precautions have been taken on behalf of the operator so as not to create an undue burden on neighboring properties via traffic, parking, and noise; and

4.

The use operates in accordance with all other applicable federal, state, and local laws and, if additional permits are required, such permits were obtained prior to beginning operation.

D.

ATMs and Vending Kiosks, which apply only to kiosks and ATMs that are located outside of a principal building, are permitted if it is demonstrated that:

1.

They are located greater than 300 feet from any residential, LI, GI, AV, or PO district boundaries, as measured from the boundary lines nearest each other, unless separated from such district by a type B bufferyard or a collector or arterial roadway;

2.

Primary access to the site is from a collector or arterial roadway;

3.

Adequate precautions have been taken on behalf of the operator so as not to create an undue burden on neighboring properties via traffic, parking, and noise;

4.

They are an accessory use, incidental to and customarily associated with a permitted principal use, located on the same lot or tract;

5.

They are set back from property lines a minimum of one foot for each foot of kiosk or ATM height;

6.

They do not exceed a height of 10 feet;

7.

They are elevated above parking lot surfaces and protected by a six-inch curb, with a minimum radius of five feet around the base;

8.

Pedestrian-oriented kiosks and ATMs are connected to the internal and external pedestrian circulation systems and do not interfere with vehicular circulation;

9.

Auto-oriented kiosks and ATMs circulate independently from parking areas and provide at least three stacking spaces, including the vehicle being served; and

10.

The use operates in accordance with all other applicable federal, state, and local laws and, if additional permits are required, such permits were obtained prior to beginning operation.

E.

Auto Sales and Service Establishments are permitted if it is demonstrated that:

1.

They are located greater than 300 feet from any residential, GI, AV, CU, or PO district boundaries, as measured from the boundary lines nearest each other, unless separated from such district by a type C bufferyard or a collector or arterial roadway;

2.

Primary access to the site is from a collector or arterial roadway;

3.

Adequate precautions have been taken on behalf of the operator so as not to create an undue burden on neighboring properties via traffic, parking, and noise;

4.

All outdoor display areas for sales, rental, and service are improved with all-weather surfaces, in accordance with Subsection 11-804.06., Surfacing and Maintenance;

5.

Body repair services are subordinate and incidental to the principal use of auto sales and service establishments;

6.

No vehicles will be parked on the public right-of-way (vehicles will be towed by the city without notice, at the owner's expense, and shall constitute a zoning violation);

7.

In all districts for which the use is a limited or conditional use:

a.

Repair bays do not front adjacent public rights-of-way or face any residential district;

b.

No more than one elevated display is used, raising the vehicle no more than three feet off the ground;

c.

Accessory uses and structures, such as car wash facilities and their incidental functions (vacuums and air compressors) are set back a minimum distance of 50 feet from adjacent public rights-of-way and any residential district; and

d.

No existing buildings shall be occupied or re-used for vehicle sales, rental and service unless all parking, loading, access, landscaping, buffering, screening, signage, and exterior lighting is brought into compliance with Article 8, Site Development; and

8.

The use operates in accordance with all other applicable federal, state, and local laws and, if additional permits are required, such permits were obtained prior to beginning operation.

F.

Bars and Taverns are permitted if it is demonstrated that:

1.

They are located greater than 300 feet from any residential, SC, LI, GI, AV, CU, or PO district boundaries, as measured from the boundary lines nearest each other, unless separated from such district by a type C bufferyard or an arterial roadway;

2.

They are a Conditional Use in the LI and GI districts provided that they are 300 feet from any residential district; 150 feet from a daycare or church; meet parking requirements; meet landscaping requirements; provide adequate circulation; do not conflict with other uses in the district, and:

3.

Primary access to the site is from an arterial or collector roadway, except in the DC district;

4.

Adequate precautions have been taken on behalf of the operator so as not to create an undue burden on neighboring properties via traffic, parking, and noise; and

5.

The use operates in accordance with all other applicable federal, state, and local laws and, if additional permits are required, such permits were obtained prior to beginning operation.

G.

Bulk Merchandise Retail Sales Establishments are permitted if it is demonstrated that:

1.

They are located greater than 300 feet from any residential, AV, or PO district boundaries, as measured from the boundary lines nearest each other, unless separated from such district a type C bufferyard or a collector or arterial roadway;

2.

Primary access to the site is from a collector or arterial roadway;

3.

Adequate precautions have been taken on behalf of the operator so as not to create an undue burden on neighboring properties via traffic, parking, and noise; and

4.

The use operates in accordance with all other applicable federal, state, and local laws and, if additional permits are required, such permits were obtained prior to beginning operation.

H.

Carwash. Carwashes may be permitted, allowed as a limited use, or allowed as a conditional use if the following provisions are met.

1.

Carwash facilities must be effectively screened from view along the public right-of-way and at the edges of sites adjacent to residential properties in order to minimize the impact of exterior site lighting, headlight glare, and any menu board displays. Such screening must consist of an opaque masonry wall (stone, stucco or brick), a solid wood or simulated wood screen fence, or dense evergreen hedge with a minimum height of four feet along the public right-of-way and a minimum height of six feet at the edges of sites adjacent to residential properties.

2.

All mechanical equipment, excluding self-service vacuum units, shall be enclosed within a building;.

3.

All facilities shall be designed and configured such that any outdoor spraying preparation or drying activities are directed away from any abutting residential properties,

4.

If self-service vacuum facilities are provided, a minimum of one parking space for each vehicle capable of being serviced at any one time at such vacuum facility shall be provided, and parking spaces for accessory vacuum facilities shall not interfere with circulation or entrance or exit drives;.

5.

Accessory equipment (e.g., vacuum facilities) shall be set back a minimum of 20 feet from all property lines;.

6.

All full-service or conveyor-based carwash facilities; shall be equipped with, and maintain in operation, a water recycling system that shall recycle a minimum of 50 percent of the water being used by the facility

7.

The use shall operates in accordance with all other applicable federal, state, and local laws and, if additional permits are required, such permits shall be obtained prior to beginning operation.

I.

Commercial Parking Operations, are permitted if it is demonstrated that:

1.

They are located greater than 300 feet from any residential, SC, LI, GI, or PO district boundaries, as measured from the boundary lines nearest each other, unless separated from such district by a type C bufferyard or a collector or arterial roadway;

2.

Primary access to the site is from a collector or arterial roadway;

3.

Adequate precautions have been taken on behalf of the operator so as not to create an undue burden on neighboring properties via traffic, parking, and noise; and

4.

The use operates in accordance with all other applicable federal, state, and local laws and, if additional permits are required, such permits were obtained prior to beginning operation.

J.

Farmers' Markets are permitted if it is demonstrated that:

1.

They are located greater than 300 feet from either SR, AR, UR, MH, SC, LI, AV, or CU district boundaries, as measured from the boundary lines nearest each other, unless separated from such district by a type B bufferyard or a collector or arterial roadway;

2.

Primary access to the site is from a collector or arterial roadway;

3.

Adequate precautions have been taken on behalf of the operator so as not to create an undue burden on neighboring properties via traffic, parking, and noise;

4.

The site has been supplied with electrical power at secured, in-ground stations that may be accessed by temporary users; and

5.

The use operates in accordance with all other applicable federal, state, and local laws and, if additional permits are required, such permits were obtained prior to beginning operation.

K.

Financial Institutions are permitted if it is demonstrated that:

1.

They are located greater than 300 feet from any residential, GI, AV, or PO district boundaries, as measured from the boundary lines nearest each other, unless separated from such district by a type B bufferyard or a collector or arterial roadway;

2.

Primary access to the site is from a collector or arterial roadway;

3.

Adequate precautions have been taken on behalf of the operator so as not to create an undue burden on neighboring properties via traffic, parking, and noise; and

4.

The use operates in accordance with all other applicable federal, state, and local laws and, if additional permits are required, such permits were obtained prior to beginning operation.

L.

Funeral Establishments and Funeral Homes are permitted if it is demonstrated that:

1.

They are located greater than 300 feet from any residential, LI, GI, AV, CU, or PO district boundaries, as measured from the boundary lines nearest each other, unless separated from such district by a type B bufferyard or a collector or arterial roadway;

2.

Primary access to the site is from a collector or arterial roadway;

3.

Adequate precautions have been taken on behalf of the operator so as not to create an undue burden on neighboring properties via traffic, parking, and noise; and

4.

The use operates in accordance with all other applicable federal, state, and local laws and, if additional permits are required, such permits were obtained prior to beginning operation.

M.

Gaming Services are permitted if it is demonstrated that:

1.

They are located greater than 300 feet from any residential, GI, AV, CU, or PO district boundaries, as measured from the boundary lines nearest each other, unless separated from such district by a type C bufferyard or a collector or arterial roadway;

2.

Primary access to the site is from a collector or arterial roadway;

3.

Adequate precautions have been taken on behalf of the operator so as not to create an undue burden on neighboring properties via traffic, parking, and noise; and

4.

The use operates in accordance with all other applicable federal, state, and local laws and, if additional permits are required, such permits were obtained prior to beginning operation.

N.

General Merchandise Retail Sales Establishments are permitted if it is demonstrated that:

1.

They are located greater than 300 feet from any residential, AV, or PO district boundaries, as measured from the boundary lines nearest each other, unless separated from such district by a type C bufferyard or a collector or arterial roadway;

2.

Primary access to the site is from a collector or arterial roadway;

3.

Adequate precautions have been taken on behalf of the operator so as not to create an undue burden on neighboring properties via traffic, parking, and noise; and

4.

The use operates in accordance with all other applicable federal, state, and local laws and, if additional permits are required, such permits were obtained prior to beginning operation.

O.

Large Animal Boarding Facilities are permitted if it is demonstrated that:

1.

The facility is co-located with large animal veterinary services;

2.

No boarding facility or outdoor livestock pens will be located within 100 feet from any property line or 300 feet of the property line of any residential district or use, family child care home, college, university, vocational school, adult day service, child care center, educational facility, place of public assembly, or public park;

3.

They are screened by a type C bufferyard along side and rear yards;

4.

In the R and GI districts:

a.

The use is conducted primarily within a fully enclosed building, which is designed with noise resistant materials (plans and specifications for noise reduction materials shall be approved by the city through the site plan approval process); and

b.

Outdoor livestock pens are located in side or rear yards, provided that the abutting property is zoned R or GI; and

5.

Adequate precautions have been taken on behalf of the operator so as not to create an undue burden on neighboring properties via traffic, parking, and noise; and

6.

The use operates in accordance with all other applicable federal, state, and local laws and, if additional permits are required, such permits were obtained prior to beginning operation.

P.

Large Animal Veterinary Services are permitted if it is demonstrated that:

1.

No boarding facility or outdoor livestock pens will be located within 100 feet from any property line or 300 feet of the property line of any residential district or use, family child care home, college, university, vocational school, adult day service, child care center, educational facility, place of public assembly, or public park;

2.

They are screened by a type C bufferyard along side and rear yards;

3.

In the R and GI districts:

a.

The use is conducted primarily within a fully enclosed building, which is designed with noise resistant materials (plans and specifications for noise reduction materials shall be approved by the city through the site plan approval process); and

b.

Outdoor livestock pens are located in side or rear yards, provided that the abutting property is zoned R or GI; and

4.

Adequate precautions have been taken on behalf of the operator so as not to create an undue burden on neighboring properties via traffic, parking, and noise; and

5.

The use operates in accordance with all other applicable federal, state, and local laws and, if additional permits are required, such permits were obtained prior to beginning operation.

Q.

Laundromats are permitted if it is demonstrated that:

1.

They are located greater than 300 feet from any residential, GI, AV, or PO district boundaries, as measured from the boundary lines nearest each other, unless separated from such district by a type B bufferyard or a collector or arterial roadway;

2.

Primary access to the site is from a collector or arterial roadway;

3.

Adequate precautions have been taken on behalf of the operator so as not to create an undue burden on neighboring properties via traffic, parking, and noise; and

4.

The use operates in accordance with all other applicable federal, state, and local laws and, if additional permits are required, such permits were obtained prior to beginning operation.

R.

Mail Services are permitted if it is demonstrated that:

1.

They are located greater than 300 feet from any residential, GI, AV, or PO district boundaries, as measured from the boundary lines nearest each other, unless separated from such district by a type B bufferyard or a collector or arterial roadway;

2.

Primary access to the site is from a collector or arterial roadway;

3.

Adequate precautions have been taken on behalf of the operator so as not to create an undue burden on neighboring properties via traffic, parking, and noise; and

4.

The use operates in accordance with all other applicable federal, state, and local laws and, if additional permits are required, such permits were obtained prior to beginning operation.

S.

Major Automotive Repair Services are permitted if it is demonstrated that:

1.

They are located greater than 300 feet from any residential, AV, CU, or PO district boundaries, as measured from the boundary lines nearest each other, unless separated from such district by a type C bufferyard or a collector or arterial roadway;

2.

Primary access to the site is from a collector or arterial roadway;

3.

Adequate precautions have been taken on behalf of the operator so as not to create an undue burden on neighboring properties via traffic, parking, and noise;

4.

All repair activities take place wholly within a fully enclosed building;

5.

Outdoor storage of vehicles are on an all-weather surface, in accordance with Subsection 11-804.06., Surfacing and Maintenance, and are enclosed by an approved fence or wall (see Subsection 11-615.02., Fences and Walls) to a minimum height of six feet, or within a clearly defined area that is screened from all rights-of-way, or any residential district or use, by a row of shrubs that will attain a minimum height of four feet within one growing season;

6.

No more than five vehicles awaiting repair are stored for a period exceeding six days;

7.

Service bays are oriented such that the activity is not visible from any public rights-of-way, unless screened with a type C bufferyard;

8.

Paint bays are wholly within a fully enclosed building that is designed for this purpose and approved by the building official; and

9.

The use operates in accordance with all other applicable federal, state, and local laws and, if additional permits are required, such permits were obtained prior to beginning operation.

T.

Minor Automotive Repair Services are permitted if it is demonstrated that:

1.

They are located greater than 300 feet from any residential, AV, CU, or PO district boundaries, as measured from the boundary lines nearest each other, unless separated from such district by a type C bufferyard or a collector or arterial roadway;

2.

Primary access to the site is from a collector or arterial roadway;

3.

Adequate precautions have been taken on behalf of the operator so as not to create an undue burden on neighboring properties via traffic, parking, and noise;

4.

All repair activities take place wholly within a fully enclosed building;

5.

There is no outdoor storage of vehicles;

6.

Service bays are oriented such that the activity is not visible from any public rights-of-way, unless screened with a type C bufferyard;

7.

The use operates in accordance with all other applicable federal, state, and local laws and, if additional permits are required, such permits were obtained prior to beginning operation; and

8.

The use operates in accordance with all other applicable federal, state, and local laws and, if additional permits are required, such permits were obtained prior to beginning operation.

U.

Mixed Use is permitted if it is demonstrated that:

1.

They are located greater than 300 feet from either R, SR, AR, MH, LI, GI, or AV district boundaries, as measured from the boundary lines nearest each other, unless separated from such district by a type B bufferyard or a collector or arterial roadway;

2.

Primary access to the site is from a collector or arterial roadway;

3.

Adequate precautions have been taken on behalf of the operator so as not to create an undue burden on neighboring properties via traffic, parking, and noise;

4.

Shared recreational amenities and/or landscaped outdoor areas are provided for the use of residents, as follows:

a.

Six to 50 dwelling units: 100 square feet per dwelling unit;

b.

Fifty-one to 100 dwelling units: 5,000 square feet, plus 50 square feet per dwelling unit in excess of 50 units; or

c.

More than 100 dwelling units: 7,500 square feet, plus 25 square feet per dwelling unit in excess of 100 dwelling units, but not less than three percent of the residential floor area; and

5.

If the development includes uses that are indicated as "limited" or "conditional," the applicable limited or conditional use standards are met; and

6.

The use operates in accordance with all other applicable federal, state, and local laws and, if additional permits are required, such permits were obtained prior to beginning operation.

V.

Offices are permitted if it is demonstrated that:

1.

They are located greater than 300 feet from any residential or PO district boundaries, as measured from the boundary lines nearest each other, unless separated from such district by a type C bufferyard or a collector or arterial roadway;

2.

Primary access to the site is from a collector or arterial roadway;

3.

Adequate precautions have been taken on behalf of the operator so as not to create an undue burden on neighboring properties via traffic, parking, and noise; and

4.

The use operates in accordance with all other applicable federal, state, and local laws and, if additional permits are required, such permits were obtained prior to beginning operation.

W.

Restaurants are permitted if it is demonstrated that:

1.

They are located greater than 300 feet from any residential, GI, AV or PO district boundaries, as measured from the boundary lines nearest each other, unless separated from such district by a type C bufferyard or a collector or arterial roadway;

2.

They are a Conditional Use in the LI and GI districts provided that they meet parking requirements; meet landscaping requirements; provide adequate circulation; do not conflict with other uses in the district, and:

3.

Primary access to the site is from a collector or arterial roadway;

4.

The use does not consist of drive-in, drive-up, or drive-through facilities;

5.

Adequate precautions have been taken on behalf of the operator so as not to create an undue burden on neighboring properties via traffic, parking, and noise; and

6.

The use operates in accordance with all other applicable federal, state, and local laws and, if additional permits are required, such permits were obtained prior to beginning operation.

X.

Restaurant, Drive Through. Restaurants with drive throughs may be allowed as a conditional use if the following provisions are met.

1.

Drive throughs shall be permitted a maximum of four total menu boards and pre-order boards with a combined maximum area of 100 square feet. Each menu board or pre-order board shall not exceed 60 square feet in area and ten feet in height. Menu boards and pre-order boards may utilize electrically activated changeable copy message centers for 100 percent of the permitted menu board or pre-order board area and must follow all regulations of Section 11-825.04.C.2.

2.

Any speaker or intercom associated with a drive through shall not be audible beyond the boundaries of the property.

3.

Drive through canopies shall maintain a uniform and consistent roofline with the building to which the drive-through is associated.

4.

Stacking spaces and lanes for drive through stations shall not impede on- and off-street traffic movement, are not to cross or pass through off-street parking areas or drive aisles and are not to impede pedestrian access to a public entrance of a building.

5.

Drive through lanes are to be separated from off-street parking areas. Individual lanes are to be striped, marked, or otherwise distinctly delineated.

6.

Drive through facilities shall be provided with a bypass lane with a minimum width of ten feet.

7.

Stacking lanes shall have a minimum depth of 20 feet per stacking space and the following minimum lane widths:

a.

One lane: 12 feet,

b.

Two or more lanes: ten feet per lane.

Y.

Retail Service Establishments are permitted if it is demonstrated that:

1.

They are located greater than 300 feet from any residential, AV, or PO district boundaries, as measured from the boundary lines nearest each other, unless separated from such district by a type C bufferyard or a collector or arterial roadway;

2.

Primary access to the site is from a collector or arterial roadway;

3.

Adequate precautions have been taken on behalf of the operator so as not to create an undue burden on neighboring properties via traffic, parking, and noise; and

4.

The use operates in accordance with all other applicable federal, state, and local laws and, if additional permits are required, such permits were obtained prior to beginning operation.

Z.

Service Stations Service Stations may be permitted, allowed as a limited use, or allowed as a conditional use if the following provisions are met:

1.

A service station shall be located greater than 300 feet from any residential, AV, CU, or PO district boundaries, as measured from the boundary lines nearestthe subject parcel, unless separated from such district by a type C bufferyard or a collector or arterial roadway;

2.

Primary access to the site shall be from a collector or arterial roadway;

3.

Adequate precautions shall be taken on behalf of the operator so as not to create an undue burden on neighboring properties via traffic, parking, and noise;

4.

Fueling stations that dispense fossil fuels within special flood hazard areas shall submit a plan addressing the design of the fuel spill containment system and a flood management plan addressing the design improvements for protecting:

a.

All areas within 20 feet of a gasoline pump;

b.

All underground tank fill points; and

c.

All service areas where fossil fuels, lubricants, solvents, or other hazardous materials are used; and

5.

Fueling stations that dispense fossil fuels shall not be located within 200 feet of a wetland, water body (except detention or retention with treatment), or permitted potable water well;

6.

A minimum of 30 percent of the area of the lot or tract shall be landscaped (this requirement supersedes the landscape surface ratio requirements of Section 11-603, Standards for Nonresidential and Mixed Use Development);

7.

The perimeter of the lot or tract shall be screened with a type B bufferyard, unless abutting residential properties, in which case a type C bufferyard is required;

[8.]

All mechanical equipment, excluding self-service vacuum units, shall be enclosed within a building;

1.

No livestock or large animals will be boarded, treated, or kept on the premises;

2.

The use is conducted primarily within a fully enclosed building, which is designed with noise resistant materials (plans and specifications for noise reduction materials shall be approved by the city through the building permit approval process);

3.

The facility will use methods to reduce the impact of noise on adjacent properties, which include the use of sound-barrier material or insulation;

4.

The facility shall have appropriate drains and other physical elements to properly dispose of and clean waste from the boarding area;

5.

The boarding area must be air-conditioned and heated so that any windows, doors or other openings can be closed at all times, with the exception of ingress and egress to the area;

6.

Outdoor areas shall be set back as far as possible from all residential properties, with a minimum setback of 150 feet. However, the City Council may consider smaller setbacks in areas with high levels of noise, such as those impacted by railroad tracks, highways, or near airport runways, provided that the operator can demonstrate how they will mitigate noise impacts in the outdoor area;

7.

Solid waste will be removed from the outdoor area after each use of the area;

8.

All outdoor areas shall be screened by a six-foot high solid opaque fence or wall. Slatted chain link fences are not acceptable;

9.

Use of outdoor areas between the hours of 10:00 p.m. and 7:00 a.m. is prohibited;

10.

Animals in the outdoor area shall be under the supervision of handlers at all times;

11.

Adequate precautions have been taken on behalf of the operator so as not to create an undue burden on neighboring properties via traffic, parking, and noise;

12.

The City Council may increase or decrease the above requirements dependent upon the character of the facilities and the effect on adjacent land uses;

13.

The use operates in accordance with all other applicable federal, state, and local laws and, if additional permits are required, such permits were obtained prior to beginning operation.

BB.

Small Animal Veterinary Services are permitted if it is demonstrated that:

1.

No livestock or large animals will be boarded, treated, or kept on the premises;

2.

No dog runs will be located within 300 feet of the property line of any residential district, or public park;

3.

They are screened by a type C bufferyard along side and rear yards or a six foot opaque fenced outdoor exercise area when a bufferyard is not feasible;;

4.

In the SC, DC, and BP districts:

a.

The use is conducted primarily within a fully enclosed building, which is designed with noise resistant materials (plans and specifications for noise reduction materials shall be approved by the city through the site plan approval process); and

b.

Outdoor dog runs and/or animal exercise areas are located in the side or rear yards provided that the abutting property is zoned R, GC, SC, LI, or GI; and

5.

In the R, GC, and LI districts:

a.

The use is conducted primarily within a fully enclosed building, which is designed with noise resistant materials (plans and specifications for noise reduction materials shall be approved by the city through the site plan approval process); and

b.

Outdoor dog runs and/or animal exercise areas are located in side or rear yards, provided that the abutting property is zoned R, GC, SC, LI or GI; and

6.

Adequate precautions have been taken on behalf of the operator so as not to create an undue burden on neighboring properties via traffic, parking, and noise; and

7.

The use operates in accordance with all other applicable federal, state, and local laws and, if additional permits are required, such permits were obtained prior to beginning operation.

CC.

Transient Lodging Services are permitted if it is demonstrated that:

1.

They are located greater than 300 feet from any residential, GI, AV, or PO district boundaries, as measured from the boundary lines nearest each other, unless separated from such district by a type B bufferyard or a collector or arterial roadway;

2.

Primary access to the site is from a collector or arterial roadway;

3.

Adequate precautions have been taken on behalf of the operator so as not to create an undue burden on neighboring properties via traffic, parking, and noise; and

4.

The use operates in accordance with all other applicable federal, state, and local laws and, if additional permits are required, such permits were obtained prior to beginning operation.

DD.

Wholesale Establishments are permitted if it is demonstrated that:

1.

They are located greater than 300 feet from any residential, SC, AV, CU or PO district boundaries, as measured from the boundary lines nearest each other, unless separated from such district by a type C bufferyard or a collector or arterial roadway;

2.

Primary access to the site is from a collector or arterial roadway;

3.

Adequate precautions have been taken on behalf of the operator so as not to create an undue burden on neighboring properties via traffic, parking, and noise; and

4.

The use operates in accordance with all other applicable federal, state, and local laws and, if additional permits are required, such permits were obtained prior to beginning operation.

(Ord. No. 5453, 7-31-18; Ord. No. 5464, 9-25-18; Ord. No. 5486, § 1, 1-29-19; Ord. No. 5560, § 1, 3-30-21)

The standards of this section apply to agriculture, industrial, utility, transportation, and communication uses that are specified in Table 11-502.04., Agriculture, Industrial, Utility, Transportation, and Communication Uses, as limited ("L") or conditional ("C").

Agricultural Uses

A.

Agricultural Uses are permitted if it is demonstrated that:

1.

Animal husbandry is located greater than 300 feet from the AR, UR, MH, SC, GC, or DC district boundaries;

2.

Adequate precautions have been taken on behalf of the operator so as not to create an undue burden on neighboring properties via traffic, parking, and noise; and

3.

The use operates in accordance with all other applicable federal, state, and local laws and, if additional permits are required, such permits were obtained prior to beginning operation.

B.

Agricultural Sales and Services are permitted if it is demonstrated that:

1.

Commercial poultry and/or livestock operations are located greater than 1,000 feet from any SR, AR, UR, MH, SC, GC, DC, BP, CU or PO districts as measured from the boundary lines nearest each other, unless separated from such district by a type D bufferyard or an arterial roadway;

2.

Primary access to a site associated with commercial poultry and/or livestock operations is from an arterial roadway;

3.

All other agricultural sales and services are located greater than 300 feet from either SR, AR, UR, MH, SC, GC, DC, CU or PO district boundaries, as measured from the boundary lines nearest each other, unless separated from such district by a type C bufferyard or a collector or arterial roadway;

4.

Primary access to site associated with all other agricultural sales and services is from a collector or arterial roadway;

5.

Adequate precautions have been taken on behalf of the operator so as not to create an undue burden on neighboring properties via traffic, parking, and noise; and

6.

The use operates in accordance with all other applicable federal, state, and local laws and, if additional permits are required, such permits were obtained prior to beginning operation.

C.

Nurseries (Retail and Wholesale) are permitted if it is demonstrated that:

1.

They are located greater than 300 feet from either SR, AR, UR, MH, SC, GC, DC, CU or PO district boundaries, as measured from the boundary lines nearest each other, unless separated from such district by a type B bufferyard or a collector or arterial roadway;

2.

Primary access to the site is from a collector or arterial roadway;

3.

Adequate precautions have been taken on behalf of the operator so as not to create an undue burden on neighboring properties via traffic, parking, and noise; and

4.

The use operates in accordance with all other applicable federal, state, and local laws and, if additional permits are required, such permits were obtained prior to beginning operation.

Industrial Uses

D.

Composting Facilities are permitted if it is demonstrated that:

1.

They are located greater than 300 feet from either SR, AR, UR, MH, SC, DC, BP, or CU district boundaries, as measured from the boundary lines nearest each other, unless separated from such district by a type C bufferyard or a collector or arterial roadway;

2.

Primary access to the site is from a collector or arterial roadway;

3.

Adequate precautions have been taken on behalf of the operator so as not to create an undue burden on neighboring properties via traffic, parking, and noise; and

4.

The use operates in accordance with all other applicable federal, state, and local laws and, if additional permits are required, such permits were obtained prior to beginning operation.

E.

Construction Sales and Services are permitted if it is demonstrated that:

1.

They are located greater than 300 feet from any residential, commercial, BP, CU or PO district boundaries, as measured from the boundary lines nearest each other, unless separated from such district by a type C bufferyard or a collector or arterial roadway;

2.

Primary access to the site is from a collector or arterial roadway;

3.

Adequate precautions have been taken on behalf of the operator so as not to create an undue burden on neighboring properties via traffic, parking, and noise; and

4.

The use operates in accordance with all other applicable federal, state, and local laws and, if additional permits are required, such permits were obtained prior to beginning operation.

F.

Equipment Rental, Sales, and Service Establishment are permitted if it is demonstrated that:

1.

They are located greater than 300 feet from any residential, SC, DC, CU or PO district boundaries, as measured from the boundary lines nearest each other, unless separated from such district by a type D bufferyard or a collector or arterial roadway;

2.

Primary access to the site is from a collector or arterial roadway;

3.

Adequate precautions have been taken on behalf of the operator so as not to create an undue burden on neighboring properties via traffic, parking, and noise;

4.

The use is located such that truck traffic can access a collector or arterial street or highway without traveling on public right-of-way within or adjacent to any residential district or use, or adjacent to any park or recreational area or facility;

5.

Outside storage areas:

a.

Are limited to no more than 30 percent of the gross floor area of the principal building;

b.

Are located in the side or rear yard, provided they do not abut a residential district or use;

c.

Are not used for storage of solid or liquid waste, inoperable machinery or vehicles, or materials that generate dust or attract pests;

d.

Are on an all-weather surface;

e.

Are enclosed by an approved fence or wall (see Subsection 11-615.02., Fences and Walls) with a minimum height of six feet;

f.

Do not contain stacked or displayed materials that exceed the height of the fence or wall; and

g.

Do not reduce the required minimum parking required (see Section 11-800, Parking, Loading, and Access); and

6.

The use operates in accordance with all other applicable federal, state, and local laws and, if additional permits are required, such permits were obtained prior to beginning operation.

G.

Extractive Industry is permitted if it is demonstrated that:

1.

They are located greater than 1,000 feet from either SR, AR, UR, MH, SC, GC, DC, BP, AV, CU or PO district boundaries, as measured from the boundary lines nearest each other, unless separated from such district by a type D bufferyard or a collector or arterial roadway;

2.

Primary access to the site is from a collector or arterial roadway;

3.

Adequate precautions have been taken on behalf of the operator so as not to create an undue burden on neighboring properties via traffic, parking, and noise;

4.

The use does not increase the amount of storm water run-off onto adjacent properties;

5.

Erosion control best management practices ("BMP's"), including retention and sediment basins, are provided and continually maintained;

6.

The surface of the use does not result in the collection or ponding of water, unless specifically permitted by the city;

7.

Topsoil is collected and stored for redistribution;

8.

Excavation does not result in a hazard to any person or property;

9.

The following control measures are provided:

a.

Restoration of slopes to a gradient not exceeding 33 percent as soon as practicable after the conclusion of resource extraction; and

b.

Installation of perimeter safety screening; and

10.

The topography and soil of the resource extraction site is restored in accordance with the restoration plan filed at the time of application and recommended by the planning commission and approved by the city council, and then stabilized, within six months of the conclusion of resource extraction, including but not limited to, grading, groundcover and plantings in a manner that prevents erosion; alternately, the site is used as a lake or body of water, subject to approval by the city with the recommendation of the planning commission and the Lower Platte North Natural Resources District ("LPNNRD"); and

11.

The use operates in accordance with all other applicable federal, state, and local laws and, if additional permits are required, such permits were obtained prior to beginning operation.

H.

Heavy Industry is permitted if it is demonstrated that:

1.

They are located greater than 1,000 feet from any residential, commercial, CU or PO district boundaries, as measured from the boundary lines nearest each other, unless separated from such district by a type D bufferyard or a collector or arterial roadway;

2.

Primary access to the site is from a collector or arterial roadway;

3.

Adequate precautions have been taken on behalf of the operator so as not to create an undue burden on neighboring properties via traffic, parking, and noise; and

4.

The use operates in accordance with all other applicable federal, state, and local laws and, if additional permits are required, such permits were obtained prior to beginning operation.

I.

Home Improvement Centers and Lumberyards are permitted if it is demonstrated that:

1.

They are located greater than 300 feet from any residential, SC, DC, CU or PO district boundaries, as measured from the boundary lines nearest each other, unless separated from such district by a type D bufferyard or a collector or arterial roadway;

2.

Primary access to the site is from a collector or arterial roadway;

3.

Adequate precautions have been taken on behalf of the operator so as not to create an undue burden on neighboring properties via traffic, parking, and noise; and

4.

The use operates in accordance with all other applicable federal, state, and local laws and, if additional permits are required, such permits were obtained prior to beginning operation.

J.

Landfills are permitted if it is demonstrated that:

1.

They are located greater than 1,320 feet from either SR, AR, UR, MH, SC, GC, DC, BP, LI, AV, CU or PO district boundaries, as measured from the boundary lines nearest each other, or any state or federal highway;

2.

Primary access to the site is from a collector or arterial roadway;

3.

Adequate precautions have been taken on behalf of the operator so as not to create an undue burden on neighboring properties via traffic, parking, and noise;

4.

No facility presents a hazard to surrounding residents or properties;

5.

The landfill does not modify or prevent the flow of major natural drainage ways within the jurisdiction of the city or its extra-territorial jurisdiction;

6.

The landfill does not produce a measurable increase in pollution in any public water-based recreational facility or in any waterway or well that is a part of a public or private water supply;

7.

The topography and soil of the landfill is restored in accordance with the restoration plan filed at the time of application and recommended by the planning commission and approved by the city council, and then stabilized, within six months of the conclusion of filling, including but not limited to, grading, groundcover and plantings in a manner that prevents erosion; and

8.

The use operates in accordance with all other applicable federal, state, and local laws and, if additional permits are required, such permits were obtained prior to beginning operation.

K.

Light Industry is permitted if it is demonstrated that:

1.

They are located greater than 300 feet from any residential, SC, GC, CU or PO district boundaries, as measured from the boundary lines nearest each other, unless separated from such district by a type C bufferyard or a collector or arterial roadway;

2.

Primary access to the site is from a collector or arterial roadway;

3.

Adequate precautions have been taken on behalf of the operator so as not to create an undue burden on neighboring properties via traffic, parking, and noise;

4.

All industrial activities will take place entirely within a fully enclosed building; and

5.

The use operates in accordance with all other applicable federal, state, and local laws and, if additional permits are required, such permits were obtained prior to beginning operation.

L.

Recycling Facilities are permitted if it is demonstrated that:

1.

They are located greater than 300 feet from either SR, AR, UR, MH, SC, DC, BP, or CU district boundaries, as measured from the boundary lines nearest each other, unless separated from such district by a type C bufferyard or a collector or arterial roadway;

2.

Primary access to the site is from a collector or arterial roadway;

3.

Adequate precautions have been taken on behalf of the operator so as not to create an undue burden on neighboring properties via traffic, parking, and noise; and

4.

The use operates in accordance with all other applicable federal, state, and local laws and, if additional permits are required, such permits were obtained prior to beginning operation.

M.

Self-Service Storage Facilities are permitted if it is demonstrated that:

1.

They are located greater than 300 feet from any residential, SC, DC, BP, CU, or PO district boundaries, as measured from the boundary lines nearest each other, unless separated from such district by a type C bufferyard or a collector or arterial roadway;

2.

Primary access to the site is from a collector or arterial roadway;

3.

Adequate precautions have been taken on behalf of the operator so as not to create an undue burden on neighboring properties via traffic, parking, and noise;

4.

The minimum size of a self-storage facility is one acre;

5.

Activities within the facility are limited to the rental of storage cubicles or garages and the administration and maintenance of the facility;

6.

All storage is wholly within fully enclosed buildings and does not include the storage of hazardous materials;

7.

No storage buildings open into required front or street yards;

8.

All driveways and interior drive aisles are constructed of concrete; all other vehicular use and maneuvering areas within the facility are provided with an all-weather surface approved by the zoning administrator; and

9.

Any outdoor storage of vehicles is on a coarse aggregate or other all-weather surface approved by the zoning administrator, provided that the storage area is fully screened and/or enclosed with an opaque fence or wall (see Subsection 11-615.02., Fences and Walls) to a minimum height of six feet.

N.

Solid Waste Facilities are permitted if it is demonstrated that:

1.

They are located greater than 300 feet from any residential, commercial, BP, CU or PO district boundaries, as measured from the boundary lines nearest each other, unless separated from such district by a type C bufferyard or a collector or arterial roadway;

2.

Primary access to the site is from a collector or arterial roadway;

3.

Adequate precautions have been taken on behalf of the operator so as not to create an undue burden on neighboring properties via traffic, parking, and noise; and

4.

The use operates in accordance with all other applicable federal, state, and local laws and, if additional permits are required, such permits were obtained prior to beginning operation.

O.

Solid Waste Transfer Stations are permitted if it is demonstrated that:

1.

They are located greater than 300 feet from any residential, commercial, BP, CU or PO district boundaries, as measured from the boundary lines nearest each other, unless separated from such district by a type C bufferyard or a collector or arterial roadway;

2.

Primary access to the site is from a collector or arterial roadway;

3.

Adequate precautions have been taken on behalf of the operator so as not to create an undue burden on neighboring properties via traffic, parking, and noise; and

4.

The use operates in accordance with all other applicable federal, state, and local laws and, if additional permits are required, such permits were obtained prior to beginning operation.

P.

Storage Yards are permitted if it is demonstrated that:

1.

They are located greater than 300 feet from any residential, commercial, BP, CU or PO district boundaries, as measured from the boundary lines nearest each other, unless separated from such district by a type C bufferyard or a collector or arterial roadway;

2.

Primary access to the site is from a collector or arterial roadway;

3.

Adequate precautions have been taken on behalf of the operator so as not to create an undue burden on neighboring properties via traffic, parking, and noise; and

4.

The use operates in accordance with all other applicable federal, state, and local laws and, if additional permits are required, such permits were obtained prior to beginning operation.

Q.

Warehousing (logistics; distribution) is permitted if it is demonstrated that:

1.

They are located greater than 300 feet from any residential, SC, GC, CU or PO district boundaries, as measured from the boundary lines nearest each other, unless separated from such district by a type C bufferyard or a collector or arterial roadway;

2.

Primary access to the site is from a collector or arterial roadway;

3.

Adequate precautions have been taken on behalf of the operator so as not to create an undue burden on neighboring properties via traffic, parking, and noise;

4.

All warehousing activities will take place entirely within a fully enclosed building; and

5.

The use operates in accordance with all other applicable federal, state, and local laws and, if additional permits are required, such permits were obtained prior to beginning operation.

R.

Wrecking Yards and Salvage Yards are permitted if it is demonstrated that:

1.

They are located greater than 1,000 feet from any residential, commercial, BP, LI, AV, CU, or PO district boundaries, as measured from the boundary lines nearest each other, unless separated from such district by a type D bufferyard or an arterial roadway;

2.

Primary access to the site is from an arterial roadway;

3.

Adequate precautions have been taken on behalf of the operator so as not to create an undue burden on neighboring properties via traffic, parking, and noise;

4.

Screening:

a.

The perimeter of each new facility is fully enclosed by an opaque, freestanding fence or wall in accordance with the standards set out in Subsection 11-615.02., Fences and Walls. The minimum height of the fence or wall is eight feet, which shall be constructed and integrated as part of a type D bufferyard; and

b.

All fences or walls shall be of uniform height, material, texture, and color, and shall be maintained in a manner to ensure maximum public safety and to completely obscure the public view of materials stored in the facility; and

5.

Storage is no higher than the height of the surrounding fence or wall;

6.

No loading, unloading, or any other operational activity involving salvage materials takes place outside the boundaries of the fence or wall;

7.

There is no burning of any materials; and

8.

The use operates in accordance with all other applicable federal, state, and local laws and, if additional permits are required, such permits were obtained prior to beginning operation.

Utility Uses

S.

Energy Conversion Systems are permitted if it is demonstrated that:

1.

It is connected to the grid;

2.

In any residential district, power generation using photovoltaic systems is located in an area that is 10 acres or less in size (which may include up to 10 percent of the required open space);

3.

In any commercial or industrial district, power generation using photovoltaic systems is used on:

a.

Wall panels that are designed as an integral element of the building architecture;

b.

Rooftops, covered walkways, or covered parking spaces; or

c.

Ground-mounts provided the facility is set back a minimum of 100 feet from street right-of-ways or screened with at least a type C bufferyard or buildings which screen the facility from view from street right-of-ways; and

4.

The distance from all lot lines or any building or power line to any tower support base of an Energy Conversion System ("ECS") are equal to the sum of the tower height and the diameter of the rotor (a reduction of this requirement may be granted as part of a conditional use permit approval if the planning commission finds that the reduction is consistent with the following criteria:

a.

There are no existing building or power lines within a distance equal to the sum of the tower height and the diameter of the rotor;

b.

The property abutting the lot lines is vacant and undeveloped and, due to its zoning or other conditions, is unlikely to be developed in the future;

c.

The manufacturer of the ECS submits sufficient technical specifications and documentation to demonstrate the warrant for a lesser distance due to the design of the structure; and

d.

The manufacturer of the ECS provides a written guarantee in a form acceptable to the city attorney and filed with the application); and

5.

The distance between the tower support bases of any two ECS is the minimum of five rotor lengths, determined by the size of the largest rotor (a reduction of this requirement may be granted as part of a conditional use permit approval if the planning commission finds that the reduction does not impede the operation of either ECS);

6.

The ECS operation does not interfere with radio, television, computer, or other electronic operations on adjacent properties;

7.

A fence six feet high with a locking gate is placed around any ECS tower base; or the tower climbing apparatus begins no lower than 12 feet above ground; and

8.

The ECS is exempt from the height restrictions of the base district.

T.

Large Utility Services are permitted if it is demonstrated that:

1.

They are located greater than 1,000 feet from any residential, commercial, BP, CU, or PO district boundaries, as measured from the boundary lines nearest each other, unless separated from such district by a type D bufferyard or a collector or arterial roadway;

2.

Primary access to the site is from a collector or arterial roadway;

3.

Adequate precautions have been taken on behalf of the operator so as not to create an undue burden on neighboring properties via traffic, parking, and noise; and

4.

The use operates in accordance with all other applicable federal, state, and local laws and, if additional permits are required, such permits were obtained prior to beginning operation.

U.

Medium Utility Services are permitted if it is demonstrated that:

1.

They are located greater than 300 feet from any residential, commercial, BP, CU, or PO district boundaries, as measured from the boundary lines nearest each other, unless separated from such district by a type D bufferyard or a collector or arterial roadway;

2.

Primary access to the site is from a collector or arterial roadway;

3.

Adequate precautions have been taken on behalf of the operator so as not to create an undue burden on neighboring properties via traffic, parking, and noise; and

4.

The use operates in accordance with all other applicable federal, state, and local laws and, if additional permits are required, such permits were obtained prior to beginning operation.

V.

Small Utility Services are permitted if it is demonstrated that:

1.

They are located greater than 300 feet from any MH, or PO district boundaries, as measured from the boundary lines nearest each other, unless separated from such district by a type C bufferyard or a collector or arterial roadway;

2.

Primary access to the site is from a collector or arterial roadway;

3.

Adequate precautions have been taken on behalf of the operator so as not to create an undue burden on neighboring properties via traffic, parking, and noise; and

4.

The use operates in accordance with all other applicable federal, state, and local laws and, if additional permits are required, such permits were obtained prior to beginning operation.

Transportation Uses

W.

Airports and Heliports are permitted if it is demonstrated that:

1.

They are located greater than 300 feet from any SR, AR, UR, MH, SC, GC, DC, CU, or PO district boundaries, as measured from the boundary lines nearest each other, unless separated from such district by a type C bufferyard or a collector or arterial roadway;

2.

Primary access to the site is from a collector or arterial roadway;

3.

Adequate precautions have been taken on behalf of the operator so as not to create an undue burden on neighboring properties via traffic, parking, and noise; and

4.

The use operates in accordance with all other applicable federal, state, and local laws and, if additional permits are required, such permits were obtained prior to beginning operation.

X.

Helistops are permitted if it is demonstrated that:

1.

They are located greater than 300 feet from any residential, SC, DC, CU, or PO district boundaries, as measured from the boundary lines nearest each other, unless separated from such district by a type C bufferyard or a collector or arterial roadway;

2.

Primary access to the site is from a collector or arterial roadway;

3.

Adequate precautions have been taken on behalf of the operator so as not to create an undue burden on neighboring properties via traffic, parking, and noise; and

4.

The use operates in accordance with all other applicable federal, state, and local laws and, if additional permits are required, such permits were obtained prior to beginning operation.

Y.

Railroad Uses are permitted if it is demonstrated that:

1.

They are located greater than 300 feet from any residential, commercial, BP, CU, or PO district boundaries, as measured from the boundary lines nearest each other, unless separated from such district by a type C bufferyard or a collector or arterial roadway;

2.

Primary access to the site is from a collector or arterial roadway;

3.

Adequate precautions have been taken on behalf of the operator so as not to create an undue burden on neighboring properties via traffic, parking, and noise; and

4.

The use operates in accordance with all other applicable federal, state, and local laws and, if additional permits are required, such permits were obtained prior to beginning operation.

Z.

Transit Stations are permitted if it is demonstrated that:

1.

They are located greater than 300 feet from any residential, SC, or PO district boundaries, as measured from the boundary lines nearest each other, unless separated from such district by a type C bufferyard or a collector or arterial roadway;

2.

Primary access to the site is from a collector or arterial roadway;

3.

Adequate precautions have been taken on behalf of the operator so as not to create an undue burden on neighboring properties via traffic, parking, and noise; and

4.

The use operates in accordance with all other applicable federal, state, and local laws and, if additional permits are required, such permits were obtained prior to beginning operation.

AA.

Transit Stops are permitted if it is demonstrated that:

1.

They are located greater than 300 feet from any residential or PO district boundaries, as measured from the boundary lines nearest each other, unless separated from such district by a type C bufferyard or a collector or arterial roadway;

2.

Primary access to the site is from a collector or arterial roadway;

3.

Adequate precautions have been taken on behalf of the operator so as not to create an undue burden on neighboring properties via traffic, parking, and noise; and

4.

The use operates in accordance with all other applicable federal, state, and local laws and, if additional permits are required, such permits were obtained prior to beginning operation.

BB.

Transit Terminals are permitted if it is demonstrated that:

1.

They are located greater than 300 feet from any residential, commercial or PO district boundaries, as measured from the boundary lines nearest each other, unless separated from such district by a type C bufferyard or a collector or arterial roadway;

2.

Primary access to the site is from a collector or arterial roadway;

3.

Adequate precautions have been taken on behalf of the operator so as not to create an undue burden on neighboring properties via traffic, parking, and noise; and

4.

The use operates in accordance with all other applicable federal, state, and local laws and, if additional permits are required, such permits were obtained prior to beginning operation.

Communication Uses

CC.

Communication Services are permitted if it is demonstrated that:

1.

They are located greater than 300 feet from any residential or PO district boundaries, as measured from the boundary lines nearest each other, unless separated from such district by a type B bufferyard or a collector or arterial roadway;

2.

Primary access to the site is from a collector or arterial roadway;

3.

Adequate precautions have been taken on behalf of the operator so as not to create an undue burden on neighboring properties via traffic, parking, and noise; and

4.

The use operates in accordance with all other applicable federal, state, and local laws and, if additional permits are required, such permits were obtained prior to beginning operation.

DD.

Telecommunication Towers are permitted if it is demonstrated that:

1.

Towers are located as follows (the height of which is measured from the base of the tower to the top of the tower and setbacks measured from the base of the tower to the nearest boundary line of the lot or tract of land on which it is located):

a.

All towers up to 50 feet in height are set back a distance equal to the underlying setback requirements in the applicable zoning district;

b.

Towers in excess of 50 feet in height are set back a distance equal to the height of the tower or the manufacturers specifications whichever is greater;

c.

Towers of 150 feet or less in height, are set back from any residential district or use, family child care home, college, university, vocational school, adult day service, child care center, educational facility, place of public assembly, or public park, other than those utilized by the tower owner, by a minimum of 100 percent of the height of the tower;

d.

Towers exceeding 150 feet in height are not located in any residential, SC, or AV district boundaries, and are separated from said districts by a minimum distance equal to the height of the tower;

e.

Monopole tower structures are separated from all other towers whether monopole, self-supporting lattice, or guyed towers, by a minimum of 750 feet; and

f.

Self-supporting lattice or guyed towers are separated from all other self-supporting lattice or guyed towers by a minimum of 1,500 feet; and

2.

Tower facilities are designed to be aesthetically and architecturally compatible with the surrounding built environment, as recommended by the planning commission and approved by the city council; associated support buildings are also designed with materials that are consistent with those in the adjacent and surrounding areas (metal exteriors are not be permitted for support accessory buildings); and

3.

All tower facilities provide a type C bufferyard around the periphery of the site.

4.

Co-location. It is the policy of the city to encourage the co-location of new communication towers with existing towers or as part of suitable existing structures. This is for the purpose of minimizing the number of telecommunication sites. All applications for approval of a communication tower location shall include evidence that all potential alternatives for location on existing towers or suitable buildings has been explored and exhausted. Applicants may not be denied space on an existing tower within the city or extra-territorial jurisdiction unless mechanical, structural, or regulatory factors prevent co-location.

a.

No wireless telecommunication facility owner or operator shall unfairly exclude a telecommunication competitor from using the same facility or location. Upon request by the city, the owner or operator shall provide evidence stating why co-location is not possible.

b.

If a telecommunication competitor attempts to co-locate a facility on an existing or approved telecommunication facility or location, and the parties cannot reach agreement, the city may require a third party technical study at the expense of either or both parties to determine the feasibility of co-location.

c.

All applications for a tower shall include a statement to demonstrate the need for the new tower and provide supporting documentation as to why co-location is not possible on an existing structure in the area and a letter of intent to allow co-location on the proposed antenna support structure.

5.

Commercial Mobile Radio Service ("CMRS") Facilities. All applications for approval of a CMRS facility, meaning any use of property for towers, antennas, equipment and equipment shelter(s) or cabinets employed in reception, switching, or transmission of wireless telecommunication services, including but not limited to, paging, enhanced specialized mobile radio, personal communication services, microwave link antenna, cellular telephone, and other related technologies by a public or private company providing any type of CMRS wireless service under an Federal Communications Commission ("FCC") license shall include the following:

a.

A site plan showing:

1.

The location and legal description of the site;

2.

On-site land uses and zoning;

3.

Adjacent roadways;

4.

Parking and access;

5.

Areas of vegetation and landscaping to be added;

6.

Setbacks from property lines; and

7.

The location of the facility, including all related improvements and equipment; and

b.

A vicinity map showing adjacent properties, land uses, zoning and roadways within one mile of a proposed CMRS site;

c.

Elevation drawings of the proposed facility showing all antennas, towers, tower heights, structures, existing buildings, walls and/or roofs on which antennas are mounted, equipment buildings/cabinets, fencing, screening, lighting and other improvements related to the facility showing specific materials, placement and colors;

d.

A narrative report describing the facility and the technical, economic, and other reasons for its design and location, the need for the facility and its role in the network, and describing the capacity of the structure, including the number and type of antennas it can accommodate;

e.

A coverage map and a survey of existing towers including type and location and a statement to demonstrate the need for the new tower and supporting documentation as to why co-location is not possible on an existing tower in the area;

f.

A letter of intent to allow co-location on the antenna support structure; and

g.

A letter of intent to remove the facility at the expense of the facility operator and/or property owner if it is abandoned.

6.

Abandonment. Communication towers and facilities will be considered abandoned if they are unused by all providers at the facility for a period of 12 months. Determination of abandonment shall be made by the zoning administrator, who shall have the right to request documentation from the facility owner and/or communication provider regarding tower or antenna usage. Upon abandonment, the facility operator or property owner shall be ordered and have 120 days to:

a.

Reuse the facility or transfer it to another communication provider who will reuse it; or,

b.

Dismantle the facility.

If the facility is not removed within 120 days of abandonment, the city may remove the facility at the facility operator's and/or property owner's expense. If the facility is removed, city approval of the facility will expire. If the city cannot recover expenses directly from the facility operator and/or property owner, the city will file a lien against the property to recover the removal expenses.

One extension of no more than six months may be granted upon written request of the communication provider. Such request must be received one month in advance of the expiration of said order.

7.

Exemptions. The following are exempt from the provisions of this subsection:

a.

Existing towers and antennas and any repair or maintenance of the same;

b.

Ham radio towers, citizen band transmitters and antennas not exceeding the height restrictions for the zoning district in which they are located;

c.

Microwave dishes for home or business use of less than one meter in diameter; and

d.

Towers for public safety and emergency communications.

(Ord. No. 5486, § 1, 1-29-19)

Set out in Table 11-505.01., Temporary Uses, is the temporary uses that are allowed by right (permitted), allowed subject to special standards (limited) or processes (conditional), and not allowed (prohibited) in each zoning district.

The standards of this section apply to temporary uses that are specified in Table 11-505.01., Temporary Uses, as limited ("L") or conditional ("C").

A.

Accessory Use Only. Public and commercial events, including outdoor, roadside, seasonal, sidewalk, and truckload sales are allowed only as an accessory use.

B.

Sole Use. Public exhibits, transient events and shows may be located on a lot or tract without being an accessory use, provided the standards of this subsection are met.

C.

Location and General Site Requirements.

1.

Provide evidence that the site is of sufficient size to accommodate the expected attendance in a manner that is safe for the site, neighborhood, street, or other infrastructure.

2.

All commercial events shall be set back at least 30 feet from public rights-of-way and 75 feet from a residential district or use.

3.

Commercial events:

a.

Are allowed only in areas that are designated on an approved site plan; and

b.

Shall be located only on approved surfaces.

D.

Buildings and Structures.

1.

Temporary buildings shall comply with the height restrictions of the underlying zoning district.

2.

Temporary structures (e.g., carnival rides and mega-inflatables) that are taller than the height allowed by the underlying zoning district are allowed, provided they are set back from all property lines a distance of two feet for every one foot in height.

E.

Access, Circulation, and Parking.

1.

Access shall be provided by a collector or arterial street or highway.

2.

The street from which access is taken must have the capacity to serve the event, including acceleration and deceleration lanes or public safety personnel to manage traffic movement and the ingress and egress to the site.

3.

Safe on-site vehicular and pedestrian circulation shall be provided, including:

a.

Minimizing vehicular-pedestrian conflicts;

b.

Providing appropriate directional signage;

c.

Ensuring efficient access by emergency vehicles; and

d.

Maintaining full access to permanent uses on-site if they are operating during the temporary event, or emergency access to permanent uses on-site if they are not operating during the temporary event.

4.

Adequate sight distances for safe vehicular ingress and egress shall be maintained, in accordance with Subsection 11-713.05., Sight Distance Requirements.

5.

Parking shall be managed as follows:

a.

The number of parking spaces available for the temporary use shall be sufficient to meet the peak demands of both the existing uses and any temporary uses, based on seven persons per vehicle (e.g. 1,500 persons / seven persons per vehicle equals 215 parking spaces);

b.

Parking shall be provided on-site or within 300 feet of the boundaries of the site, except that parking is not allowed within 300 feet of a residential district or use;

c.

Loading areas shall be provided as necessary to service the event and provide for storage of trucks and trailers that will remain on-site on an approved surface; and

d.

Parking shall be on improved surfaces approved by the zoning administrator in accordance with common engineering practices.

F.

Noise Controls. Noise shall be controlled so that:

1.

The noise level at the nearest residential property line does not exceed 70 dBA between the hours of 10:00 a.m. and 9:00 p.m.;

2.

The noise level at the nearest residential property line does not exceed 60 dBA between the hours of 9:00 p.m. and 11:00 p.m.; and

3.

The noise level at the nearest residential property line does not exceed 40 dBA between the hours of 11:00 p.m. and 10:00 a.m.

Generators, if used, shall be secured and set back at least 50 feet from all property lines.

G.

Public Convenience and Litter Control.

1.

Adequate on-site restroom facilities shall be required to serve the expected attendance in accordance with minimum plumbing facilities as set forth in the most recently adopted version of the plumbing code.

2.

Trash containers and recycling bins at a ratio of 55 gallons for each 20 attendees, shall be placed in convenient areas, including:

a.

Near principal places of assembly;

b.

Near food and beverage vendors;

c.

Near restrooms; and

d.

At entry and exit points.

3.

All litter generated by the event shall be removed, at no expense to the city, within 12 hours after the closing on the last day of the event. Litter cleanup shall extend into the adjoining public rights-of-way.

H.

Frequency and Duration. The maximum frequency and duration of temporary events is set out in Table 11-505.02., Frequency and Duration of Commercial Events. E/D refers to the maximum number of events/days that are allowed per calendar year.

I.

Conditions of Approval. Additional conditions may be imposed if deemed necessary to ensure land use compatibility or minimize potential adverse impacts on neighboring properties, public streets, or the city. These may include, but are not limited to, the following:

1.

Modification or restrictions on the hours of operation or duration of the event;

2.

Posting of a performance bond to ensure clean-up and removal of signage and debris;

3.

Arrangements satisfactory to the city for the provision of special or extraordinary services or equipment, such as traffic control or security personnel, or equipment that is needed to ensure safe operation of the use or event; and

4.

The provision of a commercial general liability insurance policy, written on an occurrence basis for bodily injury, personal injury, property damage, and property liability, with a minimum limit of liability of $1,000,000 per occurrence and with a $2,000,000 aggregate. Additional endorsements may be required for events with alcoholic beverages. In certain instances, the event producer may be required to list the City of Fremont as an additional insured.

The standards of this section apply to temporary neighborhood events, including garage sales and other special events, that are specified in Table 11-505.01., Temporary Uses, as limited ("L") or conditional ("C"). Individual garage sales do not require a permit, but shall comply with the standards of this section. Permitted uses of public parks (e.g., reserved facilities) are not regulated by this section.

A.

Generally. The special event shall demonstrate compliance with Subsection 11-505.02., Public and Commercial Events.

B.

Restrictions. Merchandise and displays associated with garage sales shall not be placed in the public rights-of-way or across sidewalks.

C.

Location.

1.

Generally, special events shall not be held on lots that are used for single-family detached or single-family attached residential purposes. However, with the consent of the property owner(s), neighborhood garage sales and block parties may include lots used for single-family detached or single-family attached purposes.

2.

The location(s) of special events shall be indicated on the temporary use permit.

D.

Frequency and Duration. The maximum frequency and duration of temporary neighborhood events is set out in Table 11-505.03., Frequency and Duration of Neighborhood Events. E/D refers to the maximum number of events/days that are allowed per calendar year.

E.

Access, Circulation, and Parking. The following standards apply to special neighborhood events, excluding individual garage sales:

1.

Adequate sight distances for safe vehicular ingress and egress shall be maintained, in accordance with Subsection 11-713.05., Sight Distance Requirements.

2.

For events within public street rights-of-way, a parking and traffic circulation plan shall be provided that demonstrates:

a.

How traffic that is not related to the event will be alerted and routed around the event;

b.

How property owners will access their property;

c.

Written consent of property owners whose access will be limited during the event;

d.

Where vehicles related to the conduct of the event will park;

e.

Where vehicles of guests of the event will park and how many spaces will be provided; and

f.

The location of remote parking facilities, if used, and the operational plan for transporting people from the remote parking to the event if the parking is located more than 750 feet from the boundary of the event.

3.

The event shall not obstruct safe vehicular and pedestrian circulation, nor obstruct access by emergency service providers. Parking on grass/unpaved areas is prohibited.

F.

Signs and Lighting. Signs and lighting shall comply with the requirements of this UDC.

G.

Conditions of Approval. The city may refuse to issue a permit if the event is too large to be safe for the site, neighborhood, street, or other infrastructure, or may place limits on attendance to ensure it can be properly managed.

The standards of this section apply to temporary construction, storage, and refuse collection uses that are specified in Table 11-505.01., Temporary Uses, as limited ("L") or conditional ("C").

A.

Location and Operations. The location, hours of use, operational limitations, and duration of use are set out in Table 11-505.04., Temporary Construction, Storage, and Refuse Collection Uses.

B.

Sanitary Facilities. Restroom facilities shall be provided for operators of concrete and asphalt batching operations and for users of temporary construction buildings (except when used exclusively for storage), model homes, and on-site real estate offices.

C.

Additional Standards Applicable to Concrete and Asphalt Batching Operations. The director of public works shall review all applications for concrete and asphalt batching operations to make a recommendation to the zoning administrator regarding compliance with the standards of this section. Where this use is indicated as a conditional use in Table 11-505.01., Temporary Uses, the zoning administrator shall refer the recommendation to the planning commission with the staff report and recommendations on the application. The standards include:

1.

The applicant shall provide a written agreement and advanced surety in the amount of 125 percent of the estimated site restoration cost to ensure complete site restoration upon the facility's dismantling or revocation of the permit, plus the estimated road restoration/replacement costs along anticipated principal truck routes. This amount shall be approved by the director of public works.

2.

If deemed necessary by the zoning administrator, the property access shall be controlled by special traffic markings and/or signalization at the applicant's expense. Instances warranting such traffic improvements may include locations at busy intersections or other areas where interference with primary traffic from trucks would be extensive.

3.

All electric and lighting facilities shall be submitted to the director of public works prior to installation. These facilities shall be installed in accordance with approved plans.

4.

Noise shall be controlled so that:

a.

The noise level at the nearest residential property line does not exceed 70 dBA between the hours of 10:00 a.m. and 9:00 p.m.;

b.

The noise level at the nearest residential property line does not exceed 60 dBA between the hours of 9:00 p.m. and 11:00 p.m.; and

c.

The noise level at the nearest residential property line does not exceed 40 dBA between the hours of 11:00 p.m. and 10:00 a.m.

D.

Extension of Approvals. Approvals may be extended upon demonstration of good cause, appropriate maintenance, extension of any surety, and diligent pursuit of the purposes for which the temporary construction or storage uses were established. All applications for renewal of a temporary use permit issued pursuant to this section shall be submitted to the zoning administrator at least 10 days before the expiration of the permit.