A.

Purpose. The purpose of this article is to establish the general standards for the character, scale, density (residential), and intensity (nonresidential and mixed use) of development that is allowed within each zoning district set out in Section 11-403, Zoning Districts.

B.

Application. This article establishes regulations for lots or tracts proposed for development or redevelopment, which is organized for new and established residential neighborhoods and nonresidential and mixed use development.

A.

Purpose. The purpose of this section is to set out the standards for the development of new residential neighborhoods and residential development on existing lots or tracts including but not limited to, new construction, development of vacant lots, and redevelopment or expansion of existing buildings.

B.

Application. The development yield and lot and building standards for each residential district and neighborhood type are determined as follows:

1.

Development Yield.

a.

Application. The standards set out in Subsection 11-602.01., Development Standards, shall be used to determine the buildable area and maximum number of dwelling units per acre that may be developed for each district and neighborhood type.

b.

Standards. The standards set out in Table 11-602.01., Residential Development Standards include:

1.

Minimum or average lot size;

2.

Minimum open space ratio;

3.

Maximum gross density;

4.

Minimum area of development; and

5.

Utility requirements.

2.

Lot and Building Dimensions.

a.

Application. The standards set out in Subsection 11-602.01., Development Standards, shall also be used to determine the lot and building standards for each district and housing type.

b.

Standards. The standards set out in Table 11-602.02.01., Single-Family Detached Lot and Building Standards and Table 11-602.02.02., Single-Family Attached and Multiple Family Lot and Building Standards include:

1.

Minimum lot area and width;

2.

Minimum front, side, street, and rear yard setbacks; and

3.

Maximum building height and coverage ratio.

3.

Accessory Buildings and Structures. Set out in Subsection 11-614.01., Accessory Buildings and Structures, and Section 11-616, Height and Area Exceptions, are additional standards and exceptions that may apply in both new and established neighborhoods.

A.

Generally. The minimum or average lot size, minimum open space ratio, maximum gross density, minimum area of development, and utility requirements for each district and neighborhood type are as set out in Table 11-602.01.,Residential Development Standards.

B.

Application. These standards apply to all subdivisions or resubdivisions of property and to all residential developments including but not limited to single-family detached, single-family attached, and multiple family developments.

C.

Interpretation of Table. The table may be interpreted as follows:

1.

District and Neighborhood Type sets out the zoning districts (shaded in gold) and the individual neighborhood types permitted within them.

2.

Minimum or Average Lot Size sets out the minimum or average lot size that is used to establish the gross density for each neighborhood type. (See Table 11-602.02.01., Single-Family Detached Lot and Building Standards and Table 11-602.02.02., Single-Family Attached and Multiple Family Lot and Building Standards for the lot dimensions, setbacks, and building heights and coverage ratios.)

3.

Repealed.

4.

Maximum Gross Density sets out the maximum number of dwelling units per acre for each district and neighborhood type.

5.

Minimum Area of Development sets out the minimum area of land required to develop a neighborhood.

6.

Utility Requirement sets out whether on-site utilities (well and septic) are allowed or whether public utilities are required for each neighborhood type. This requirement is based on the minimum lot size and gross density of development.

(Ord. No. 5453, 7-31-18)

The lot and building standards for each district and housing type are set out in Table 11-602.02.01., Single-Family Detached Lot and Building Standard;i§\i; and Table 11-602.02.02., Single-Family Attached and Multiple Family Lot and Building Standards.

(Ord. No. 5443, 4-24-18)

Planned neighborhoods shall include a mix of housing types, subject to the number of dwelling units in the development. Set out in Table 11-602.03., Housing Mix Requirements, is the mix of housing types that are allowed in planned neighborhoods. When calculating the percentage of each housing type in a proposed development, normal rounding is allowed. Individual housing types that may be included in the mix are set out in Table 11-602.02.01., Single-Family Detached Lot and Building Standards and Table 11-602.02.02., Single-Family Attached and Multiple Family Lot and Building Standards above.

Lot averaging is a design technique that replaces minimum lot dimensions with an average lot width and size. On an optional basis, the lot area and width dimensions in Table 11-602.02.01., Single-Family Detached Lot and Building Standards and Table 11-602.02.02., Single-Family Attached and Multiple Family Lot and Building Standards are averages for each neighborhood and housing type. Lot averaging may only be applied where both of the following conditions apply:

A.

Equal to or Greater. The average lot area and average lot width for each housing type in the development are equal to or greater than the lot area and lot width specified for the housing and neighborhood types in Table 11-602.02.01., Single-Family Detached Lot and Building Standards and Table 11-602.02.02., Single-Family Attached and Multiple Family Lot and Building Standards.

B.

Greater than 90 Percent. No lot has a lot area or lot width that is less than 90 percent of the lot area or lot width specified for the housing type in Table 11-602.02.01., Single-Family Detached Lot and Building Standard;i§ .....i; and Table 11-602.02.02., Single-Family Attached and Multiple Family Lot and Building Standards. (See Figure 11-602.04., Lot Averaging)

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Figure 11-602.04. Lot Averaging

 

A.

Generally. This subsection applies only to modifications of existing buildings, where the proposed modification involves encroachment into a setback that is required by Table 11-602.02.01., Single-Family Detached Lot and Building Standards, and Table 11-602.02.02., Single-Family Attached and Multiple Family Lot and Building Standards. Any specific setback (e.g., front yard, side yard, street yard, and/or rear yard) that complies with the table is not subject to further review under this subsection.

B.

Relationship to Variances. Compliance with the standards of this subsection is equivalent to compliance with the standards of Subsection 11-602.01., Development Standards, and approvals hereunder are not considered variances. Variances shall not be granted to allow encroachments if the encroachments could be permitted pursuant to the standards of this subsection.

C.

Relationship to Easements and Rights-of-Way. The standards of this subsection shall not be construed to authorize construction of buildings or portions of buildings in utility or drainage easements or public rights-of-way.

D.

Alternative Front Yard Setbacks. The following standards may be applied to front yard setbacks as an alternative to the front yard setback standards in by Table 11-602.02.01., Single-Family Detached Lot and Building Standards, and Table 11-602.02.02., Single-Family Attached and Multiple Family Lot and Building Standards:

1.

Enclosure of Existing Front Porch. Front yard setbacks may be reduced by no more than three feet from their existing location in order to enclose an existing front porch.

2.

Addition of Front Porch. Front yard setbacks may be reduced by no more than five feet in order to allow for the construction of a front porch, provided that:

a.

The added front porch would not be located closer than 10 feet to the front property line;

b.

The front yard setback with the added front porch is not more than eight feet different than the front yard setbacks of the homes on either side (or one side if situated on a corner lot);

c.

The area of the front porch (including areas under roof overhangs) that is in the reduced setback area is not more than 80 square feet; and

d.

The porch is not enclosed with a screened or window enclosure, and in no case shall the porch be fully enclosed with walls.

3.

Front Yard Setback Averaging. Front yard setbacks may be reduced to the average front yard setback along the same side of the same street segment in the same zoning district, provided that:

a.

The lot proposed for development is not counted in the calculation; and

b.

If the lot takes vehicular access from the front, the driveway must be at least:

1.

Twenty feet long, measured from the property line at the right-of-way to a building wall or garage door; and

2.

The width of the garage door(s) is/are not more than 18 feet in width. An exception may be made for the garage door width if the garage existed on the effective date of these regulations. (See Figure 11-602.05., Front Yard Setback Averaging)

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Figure 11-602.05. Front Yard Setback Averaging

 

4.

Front Yard, Side-Loaded Garage. Front yard setbacks may be reduced by no more than three feet from the standard set out in Table 11-602.02.01., Single-Family Detached Lot and Building Standards, and Table 11-602.02.02., Single-Family Attached and Multiple Family Lot and Building Standards, if:

a.

The lot is at least 85 feet wide and takes vehicular access from the front;

b.

The reduced setback is applied only to a side-loaded garage;

c.

The construction of the side-loaded garage would not cause more than two buildings in a row to have a side-loaded garage that faces the same direction;

d.

At least two trees are planted between the side-loaded garage and the street; and

e.

The portion of the side-loaded garage that faces the street shall include at least one window that is of the same style and proportion as windows used on the front facade of the principal building.

E.

Alternative Street Yard Setbacks. The following standards may be applied to street yard setbacks as an alternative to the street yard setback standards set out in Table 11-602.02.01., Single-Family Detached Lot and Building Standards, and Table 11-602.02.02., Single-Family Attached and Multiple Family Lot and Building Standards.

1.

Wide Planting Strip. The street yard setback may be reduced by no more than three feet if:

a.

There is an existing sidewalk along the side street that is at least four feet wide;

b.

A planting strip, maintained by the property owner, is located between the sidewalk and the building or structure for which an encroachment is required;

c.

The planting strip is at least five feet wide along the portion of the property that would be affected by the setback reduction; and

d.

The street is classified as a local residential street and there are no plans for expansion of the paved width of the street.

2.

Subdivision Fencing Along Arterial or Collector Street. The street yard setback may be reduced to five feet if:

a.

The street yard is a type A bufferyard that screens the development from an arterial or collector street;

b.

The bufferyard includes an opaque fence that complies with the standards of Subsection 11-614.02., Fences and Walls, with respect to the continuity of subdivision fencing, and separates the side yard from the street;

c.

There is at least four feet of clearance between the building wall of the dwelling unit and the fence at all points;

d.

The setback reduction applies to not more than 40 percent of the length of the side building wall of the dwelling unit;

e.

The portion of the building to which the reduced setback applies is not more than one story in height; and

f.

The side yard setback complies with Subsection 11-713.05., Sight Distance Requirements.

F.

Alternative Side Yard Setbacks. Interior side yard setbacks may be reduced by no more than three feet along lot lines that abut lots or tracts that are permanently designated as open space or similar easement, provided that the lots or tracts are at least 15 feet wide along the entire length of the lot line.

G.

Alternative Rear Yard Setbacks. The following standards may be applied to rear yard setbacks as an alternative to the rear yard setback standards set out in Table 11-602.02.01., Single-Family Detached Lot and Building Standards, and Table 11-602.02.02., Single-Family Attached and Multiple Family Lot and Building Standards.

1.

Abutting Permanent Open Space. Rear yard setbacks that abut lots or tracts that are permanently designated as open space or similar easement that is at least 15 feet wide along the distance of the lot proposed for development may be reduced to 10 feet.

2.

Subdivision Fencing Along Arterial or Collector Street. The rear yard setback may be reduced to 10 feet if:

a.

The rear yard abuts the right-of-way of an arterial or collector street;

b.

An opaque fence that complies with the standards of Subsection 11-614.02., Fences and Walls, with respect to the continuity of subdivision fencing, separates the rear yard from the street;

c.

The setback reduction applies to not more than 40 percent of the length of the rear building wall of the dwelling unit; and

d.

The portion of the building to which the reduced setback applies is not more than one story in height.

A.

Generally. Projects that are proposed to be phased shall demonstrate compliance with this article according to the methodology of this section.

B.

Density and Open Space. The maximum residential development capacity of the entire lot or tract proposed for development shall be used for calculating compliance with the minimum open space ratio and maximum gross density set out in Table 11-602.01., Residential Development Standards.

C.

Mix of Housing Types. The mix of housing types required by Subsection 11-602.03., Mix of Housing Types in Planned Neighborhoods, in planned neighborhoods, shall be based on all phases of the proposed development to ensure an adequate mix of housing types.

A.

Generally. The standards of Section 11-602.02., Lot and Building Standards for Individual Housing Types, with respect to lot area, lot width, and setbacks relate to the development of residential buildings on conventional lots that are intended to be owned in fee-simple by the owners of the buildings. However, the standards are not intended to preclude other ownership types, such as single-ownership of all units (rentals); condominiums (in which the land is owned in common by the owners of the condominium units); or common maintenance communities (in which fee simple ownership is limited to the land under the building, and, in some cases, a small area around it). The alternative standards of this subsection are intended to allow such alternative ownership arrangements, provided that the development could be approved pursuant to this UDC using conventional fee-simple ownership arrangements.

B.

Demonstration of Compliance. The proposed pattern of development will be allowed if it is demonstrated that it would comply with the density, open space, and applicable setback requirements of this UDC if it were platted with lots that meet the minimum requirements of Section 15-402, Standards for Residential Neighborhoods, for each of the proposed housing types.

A.

Generally. The standards that are applicable to nonresidential and mixed-use development, except for development designated to be used for Small Utility Services, Medium Utility Services, Large Utility Services, Communication Services, Telecommunications Tower, or a Utility of public consequence, are provided in Table 11-603.01.01., Nonresidential and Mixed Use Development Standards. The table includes provisions for minimum landscape surface ratio (LSR), FAR, minimum lot area, minimum street frontage, and maximum building height. Where Section 11-504, Limited and Conditional Uses, sets out standards for the LSR, height, lot area, or frontage of a proposed use, the standards that are specified supersede the standards of this section.

B.

Standards. The LSR, minimum area of lots or tracts proposed for development, minimum street frontage, and maximum building height shall be as set out in Table 11-603.01.01., Nonresidential and Mixed Use Development Standards.

C.

Nonresidential and Mixed Use Setbacks.

1.

Generally. The standards of this subsection apply to nonresidential and vertically mixed use buildings. If Section 11-815, Bufferyards, requires a bufferyard that is wider than the setback that is required by this section, then the width of the setback shall be at least the width of the required bufferyard.

2.

Principal Buildings.

a.

The required setbacks for nonresidential and mixed-use buildings are set out in Table 11-603.01.02., Nonresidential and Mixed Use Setbacks.

b.

Residential district boundary setbacks (set out in the last row of Table 11-603.01.02., Nonresidential and Mixed Use Setbacks), apply to buildings or outdoor uses (except parking) on lots or tracts that abut property that is located in any of the Residential Zoning Districts. If the residential district boundary setback is indicated as "n/a," then there are no special setback requirements in relation to abutting residentially zoned property (e.g., the other columns of the table control).

c.

Setback Planes. Where a nonresidential or mixed use building abuts or is contiguous to a residential district or use, then in addition to the building setback line as set out in Table 11-603.01.02., Nonresidential and Mixed Use Setbacks, the building shall be set back one foot from the property line for each one foot in building height over the maximum building height. (See Figure 11-603.01.01., Setback Planes.) This is applicable if the maximum building height set out in Table 11-603.01.02., Nonresidential and Mixed Use Setback;i§i; is greater than that allowed in the residential district.

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Figure 11-603.01.01. Setback Planes

 

D.

DC District Setbacks.

1.

Generally. For all development in the DC District, primary structures shall be built on the front and side property lines (the "build-to lines"). Portions of the facade that are recessed in order to satisfy the requirements of Subsection 11-624.03., Downtown Commercial (DC) District, are permitted to be set back from the build-to lines by no more than three feet. All buildings shall meet these requirements, except under the following conditions (see Figure 11-603.01.02., Permitted Setbacks in the DC District):

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Figure 11-603.01.02. Permitted Setbacks in the DC District

 

a.

Where the use, in whole or in part, is an existing dwelling unit;

b.

Where the use is established in an existing building that is not constructed to the build-to lines as of the effective date of this UDC. In this case, the existing building may:

1.

Remain in its current location, utilizing the front yard setback as:

a.

A yard or courtyard;

b.

Public plaza or outdoor service area (e.g., outdoor seating for a restaurant, outdoor display area for a retail store, etc.); or

c.

Off-street parking provided it was used for parking as of the effective date of this UDC; or

2.

Be extended to the build-to lines provided it:

a.

Meets all other requirements and standards of this UDC;

b.

Is a conforming use; and

c.

Complies with provisions for a public sidewalk six feet in width.

c.

Where the average setback of buildings along the block front or, in the instance of a corner lot, along one or both block fronts exceed the build-to lines. In this case, the building may be:

1.

Constructed at the build-to lines; or

2.

Set back to match the average front yard setback along the same side of the same street segment in the same zoning district, provided that the lot proposed for development or redevelopment is not counted in the calculation.

d.

Where there is a public sidewalk that is not six feet in width, the building must be set back in order to provide the additional space to expand the sidewalk onto the private lot to construct a sidewalk that is at least six feet in width. In this case, the building shall be constructed to a build-to lines that is coterminous with the edge of the sidewalk that is provided on the private lot.

e.

Buildings may be set back up to a distance of 20 feet from the build-to lines in order to provide a designated public plaza or outdoor service area according to the following standards:

1.

The public plaza or outdoor service area shall be designated upon development approval and maintained as a publically accessible space;

2.

Any service uses that take place in the designated setback area must directly relate to the activity of the primary ground floor use (e.g., outdoor seating for a restaurant, outdoor display area for a retail store, etc.);

3.

When the area is not being used as an outdoor service area, it shall remain generally accessible to the public and function as an extension of the public sidewalk environment; and

4.

Building alignment is compliant with Subsection 11-624.03., Downtown Commercial (DC) District, and more particularly Subsection 11-624.03.0., Relationship to Adjacent Properties.

2.

Encroachments. The city may permit, by recorded license agreement, encroachments into the public right-of-way if the encroachments meet all of the following standards (see Figure 11-603.01.03., Permitted Encroachments):

a.

Encroachments up to 18 inches into the right-of-way are permitted below an elevation of eight feet above grade if it is demonstrated that:

1.

The encroachment does not impact the general functionality of the public sidewalk; and

2.

The encroachment does not make the sidewalk noncompliant with the requirements of the Americans with Disabilities Act Accessibility Guidelines ("ADAAG"); and

b.

Encroachments up to four feet are permitted above an elevation of eight feet above grade if it is demonstrated that:

1.

The encroachment does not impact the general functionality of the public sidewalk;

2.

The encroachment is set back at least one foot from the face of the curb; and

3.

The encroachment does not create unsafe clearances from other elements of the right-of-way (e.g., street lighting, landscaping, vehicular movement, etc.).

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Figure 11-603.01.03. Permitted Encroachments

 

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

Fremont is in competition for new jobs and businesses. As a result, the housing market is strained to provide affordable housing for its workers. There is a well-documented need to produce more affordable housing. This and other sections of this UDC provide incentives for the production of affordable housing, as follows:

A.

Lot Averaging. Set out in Subsection 11-602.04., Lot Averaging, is a similar incentive provided by the allowance for the use of lot averaging. This provision provides for a range of lot sizes within a development, including smaller lots and more affordable dwelling units. The variable lot size provisions are intended to provide a greater mix of housing costs in each development.

B.

Open Space and Resource Protection. Set out in Subsection 11-604.01., Density Bonuses for Open Space Preservation and Resource Protection is a series of density bonuses for planned developments in the residential districts (see Table 11-602.01., Residential Development Standards). These neighborhood types provide for small lots that lead to lower street and utility costs per lot. Additionally, the density bonus makes the production of market housing less expensive.

C.

Affordable Housing. Set out in Subsection 11-604.02., Affordable Housing Bonuses, is a bonus for affordable units that are either publicly subsidized or affordable market units.

Set out in Table 11-502.01., Residential Development Standards, is the maximum gross densities that are permitted for each district and neighborhood type. In each district, there are three or four development options that are permitted by-right. The "estate" and "cluster" single-family neighborhood types provide for the largest lot sizes, largest required minimum open spaces, and hence, the lowest maximum gross density of the options available within the district. The "planned" and "standard" neighborhood types each provide relative increases in gross density. To achieve these increased densities, the lot sizes are decreased and the minimum open space ratios are subsequently decreased. Effectively, these other allowable neighborhood types provide options for preserving increased percentages of open space for the purpose of protecting natural resources (e.g. floodplain, wetlands, riparian areas, woodlands, drainage ways, rivers and streams, etc.). Refer to Table 11-602.01., Residential Development Standards as to the relative lot sizes, open space ratios, and gross densities of each district and neighborhood type.

A.

Eligibility. Affordable housing is subject to an automatic density bonus. There are two ways to be eligible for the bonus:

1.

Assistance Program. Provide housing under a state or federal assistance program.

2.

Cost Reduction. Use the increase in density available by the planned neighborhood types set out in Table 11-602.01., Residential Development Standards, to help reduce the per lot costs of infrastructure for below-market dwelling units.

B.

Criteria. Following are the review criteria that shall be met to achieve the affordable housing bonus:

1.

Subsidized Housing. Where the housing is subsidized by a state or federal affordable or low- and moderate-income housing program, the development shall be eligible if no less than 30 percent of the dwelling units are subsidized. If the project has less than 10 units, the number of subsidized units may be increased to 50 percent of the total number of units.

2.

Below-Market Housing. Below-market housing shall be made more affordable by the developer offering a reduced price on at least 10 percent but no more than 30 percent of the units to make them more affordable than the average market units in the development. The developer shall submit to the city a pro forma analysis to assist in evaluating how and to what extent the units are made more affordable relative to the definition of affordability according to the U.S. Department of Housing and Urban Development. The following criteria shall be met:

a.

All units shall use the same general architectural materials, details, and finishes on the exterior so that affordable units are not distinguishable by materials and finishes and are of equal quality construction;

b.

The developer shall demonstrate that the density increase is used to bring down the per unit cost of land and infrastructure by demonstrating in writing that land cost was not increased in anticipation of receiving the affordable housing bonus and thus, is equal to the average land value for similar property;

c.

It must be further demonstrated in writing that the land costs associated with the affordable units are only those associated with the actual development of those lots, not costs that would be incurred even if fewer units were built;

d.

Instead of averaging the utility or street costs (bringing the cost per unit down for all units), these costs should be zero for the affordable units - for example, the costs of streets and utilities would not be added to the cost of the affordable units, only the connection costs for utilities and curb cut costs would be chargeable; and

e.

Affordable units shall have less floor area than other units. In part, this may be accomplished through the use of smaller lot sizes and housing types on the smallest lots using the lot averaging provisions set out in Subsection 11-602.04., Lot Averaging.

C.

Bonus. The permitted density of development may be increased by 10 percent if the applicant demonstrates compliance with this subsection. Such increase in density may be achieved by:

1.

Utilizing the provisions set out in Subsection 11-602.04., Lot Averaging, with a reduction in the width of narrow lots to 85 percent, vs. 90 percent, of the lot area or lot width specified for the housing type, as set out in Table 11-602.02.01., Single-Family Detached Lot and Building Standards; or

2.

Altering the mix of housing types as set out in Table 11-602.02.01., Single-Family Detached Lot and Building Standards and Table 11-602.02.02., Single-Family Attached and Multiple Family Lot and Building Standards.

The purpose of this section is to set out the standards for accessory uses, buildings, and structures.

The standards of this section apply as follows:

A.

All Districts. Set out in Section 11-613, All Districts, are the standards for accessory uses, buildings, and structures, in all districts.

B.

Residential Districts. Set out in Section 11-614, Residential Districts, are the standards for accessory uses, buildings, and structures, in residential districts.

C.

Nonresidential and Mixed Use Districts. Set out in Section 11-615, Nonresidential and Mixed-Use Districts, are the standards for accessory uses, buildings, and structures, in nonresidential and mixed-use districts.

A.

Energy Conversion System(s) (ECS). All ECS shall conform to the following:

1.

Generally. For the purposes of this chapter, ECS are considered to be accessory uses. Where ECS are to be considered as a principle use, a conditional use permit, establishing the bulk, area, and height regulations, shall be required.

2.

Application Procedures. Applications for a permit to install an ECS shall be submitted to the building department. The application shall include a site plan and construction drawings, scaled and dimensioned with sufficient detail to determine compliance with all codes and ordinances of the city, including but not limited to the following:

a.

Property lines and physical dimensions of the property;

b.

Setback lines as established in the zoning regulations;

c.

Size and location of the ECS, including the fall zone, and the location of any and all improvements (including trees over six inches in diameter at breast height (DBH), 4.5 feet above grade) both on-site and on any contiguous lot or tract within the fall zone;

d.

Manufacturer's installation instructions;

e.

Footing and foundation details designed by a qualified engineer, licensed in the state of Nebraska; and

f.

Evidence of FAA obstruction evaluation filing.

3.

Standards. All structural, electrical and mechanical components of the ECS shall conform to relevant and applicable local, state and national codes and all applicable industry standards.

4.

Utilities. An ECS proposed to be connected to a public electric utility must provide evidence that the utility was contacted regarding the applicant's intent to connect to the utility and that the utility has authorized connection based on the plans and specification proposed.

5.

Signs. ECS may include one or more incidental signs, emblems, or decals to identify the following:

a.

The name or logo of the manufacturer and/or installer; and

b.

The make, model, serial number, and other pertinent information about the ECS.

Signs shall not contain advertising.

6.

Unsafe or inoperative systems.

a.

Any ECS found to be unsafe by the building official shall be repaired by the owner to meet all code requirements or removed as directed.

b.

If any ECS is not used for a period of 12 months, the owner shall be notified by certified mail to set forth reasons for the operational difficulty and provide a reasonable timetable for corrective action. If one is not provided to the satisfaction of the city, the landowner shall remove the ECS within 60 days of receipt of a notice to remove.

7.

Disconnecting ECS during emergencies or utility maintenance.

a.

The city shall have the right to disconnect ECS during emergencies, such as fire or other catastrophe, or when utility maintenance is to be performed, or where in the opinion of the city disconnect is required for the safety of either city employees or the general public.

b.

ECS shall include an emergency disconnect that is clearly labeled, easily accessible and in a location to be approved by the city's electrical inspector.

8.

Responsibility of the city. The city shall not be responsible for requiring that adjacent property owners provide and/or maintain energy access to any ECS.

B.

Wind Energy Conversion System(s) (WECS). WECS may be erected, relocated, enlarged, structurally changed or altered in accordance with the provisions set forth for ECS and this article.

1.

Height.

a.

WECS on an individual lot or tract less than three acres may exceed the height restrictions for the district in which it is located but in no way shall it exceed a combined tower/pole and rotor height of 50 feet, unless otherwise approved by the planning commission, in the form of a special exception; and in no case shall the height exceed a combined tower/pole and rotor height of 65 feet.

b.

WECS on an individual lot or tract greater than three acres may exceed the height restrictions for the district in which it is located but in no way shall it exceed a combined tower/pole and rotor height of 85 feet, unless otherwise approved by the planning commission, in the form of a special exception; and in no case shall the height exceed a combined tower/pole and rotor height of 100 feet.

c.

Height of WECS that are roof-mounted, or otherwise attached directly to a building, may exceed the height restrictions for the district in which it is located but in no way shall it exceed a height equal 20 percent of the tallest part of the roof to which it is attached. Method of attachment shall be designed by a qualified engineer, licensed in the state of Nebraska, for the specific application for which a permit is being sought.

d.

Rotors, measured at their lowest point, may not be less than 12 feet above finished grade.

2.

Setback requirements. WECS may not be located in front of a principle building, between the principle building and a public or private right-of-way, and shall be setback, from all property lines, buildings, and other appurtenances, a distance no less than one and one-tenth the combined tower/pole and rotor height.

Exception: The planning commission may, in the form of a special exception, approve setbacks less than one and one-tenth the combined tower/pole and rotor height, only where fall zone easements can be obtained from neighboring property owners and filed of record with the Dodge County Register.

3.

Installation. WECS may be mounted on poles, buildings, or other such appurtenances as may be designed by a qualified engineer, licensed in the state of Nebraska. All WECS shall be pre-painted, non-reflective and equipped with both manual and automatic governors to limit the speed of rotors as specified by the manufacturer.

4.

Noise. The noise level, measured at the property line of the lot or tract on which the WECS is located, shall not exceed 60 decibels. Information from the manufacturer of the wind energy conversion system shall be submitted prior to permit issuance, ensuring that this requirement can be met once the system is operational. In no case shall the WECS create a nuisance.

5.

Lighting. Lighting of towers is only allowed when required by the FAA. The lighting method allowed shall be an FAA approved dual lighting system.

6.

Minimum lot size. Minimum lot size shall be determined by the existing and proposed improvements, impervious cover allowances, and fall zones required.

C.

Solar Energy Conversion Systems (SECS). SECS may be erected, relocated, enlarged, structurally changed or altered in accordance with the provisions set forth for ECS and this article.

1.

Height. SECS shall meet the following height standards:

a.

Height of SECS that are ground-mounted or mounted on poles, or other such appurtenances, shall not exceed height requirements for accessory buildings and structures as specified in Subsection 11-614.01., Accessory Buildings and Structures.

b.

Height of SECS that are roof-mounted, or otherwise attached directly to a building, may exceed the height restrictions for the district in which it is located by no more than eight inches unless otherwise approved by the planning commission in the form of a special exception and in no case shall the height exceed the height of the tallest part of the roof by more than ten feet.

2.

Setback requirements. SECS shall meet the following setback requirements:

a.

SECS, may not encroach into setback requirements for accessory uses and structures for the zoning district in which they are to be located; nor shall they be located in front of a principle building, between the principle building and a public or private right-of-way.

b.

SECS that are ground-mounted or mounted on poles, or other such appurtenances, shall be set back a distance equal to the height of the SECS, combined tower/pole and SECS height, combined appurtenance and SECS height, whichever is greatest, from all property lines and adjacent occupied structures.

c.

SECS that are roof-mounted, or otherwise attached directly to a building, shall not extend beyond the exterior perimeter of the building on which it is mounted. Exterior piping for solar hot water systems shall be allowed to extend beyond the perimeter of the side or rear of a building by no more than eight inches and shall be painted to compliment adjacent surface colors.

3.

Installation. SECS may be mounted on poles, buildings, or other such appurtenances as may be designed by a qualified engineer, licensed in the state of Nebraska.

4.

Lighting. Lighting of towers is only allowed when required by the FAA. The lighting method allowed shall be an FAA approved dual lighting system.

5.

Minimum lot size. Minimum lot size shall be determined by the existing and proposed improvements, impervious cover allowances, and fall zones required.

A.

Applicability.

1.

These regulations apply to all commercial and amateur communication antennae, support structures and towers unless otherwise exempted below. Antennae, support structures and towers may be considered either principal or accessory uses.

2.

Direct broadcast satellite (DBS) reception devices, broadband radio service provider (formerly multi-channel multi-point distribution service (MMDS)) reception devices and television broadcast station (TVBS) reception devices as defined by the FCC meeting the following requirements do not require a permit unless mounted on a pole or mast higher than 12 feet above the roof line:

a.

A satellite "dish" antenna that is one meter (i.e., 39.37 inches) or less in diameter and is designed to receive direct broadcast satellite service, including direct-to-home satellite service, or to receive or transmit fixed wireless signals via satellite;

b.

An antenna that is one meter (i.e., 39.37 inches) or less in diameter or diagonal measurement and is designed to receive video programming services via broadband radio service (wireless cable) or to receive or transmit fixed wireless signals other than via satellite;

c.

In a non-residential zoning district, an antenna that is two meters or less in diameter;

d.

An antenna that is designed to receive local television broadcast signals.

e.

Antennas used for AM/FM radio, amateur ("ham") radio, Citizen's Band ("CB") radio or Digital Audio Radio Services ("DARS") concealed behind or located within attics, eaves, gutters or roofing components of the building, and do not exceed a height 12 feet above the roof line.

3.

Communication antennas, support structures and towers legally installed before adoption of these regulations which could not be built under the terms of this section by reason of restrictions on area, lot coverage, height, yard, site location on the lot, or other requirements concerning the structure, may be continued so long as they remain otherwise lawful, subject to the provisions herein regarding nonconforming uses and structures.

B.

Application Procedures. Applications for a permit to install an antenna, antenna support structure and related structures/equipment shall be submitted to the building department. The application shall include a site plan and construction drawings, scaled and dimensioned with sufficient detail to determine compliance with all codes and ordinances of the city, including but not limited to the following:

1.

Property lines and physical dimensions of the property;

2.

Setback lines as established in the zoning regulations;

3.

Size and location of the antenna, antenna support structure and related structures/equipment, including the fall zone, and the location of any and all improvements (including trees over six inches in diameter at breast height (DBH), 4.5 feet above grade) both on-site and on any contiguous lot or tract within the fall zone;

4.

Manufacturer's installation instructions;

5.

Footing and foundation details designed by a qualified engineer, licensed in the state of Nebraska;

6.

Evidence of FAA obstruction evaluation filing ; and

7.

Decommission plan.

C.

Height requirements. Communication antennas, support structures or towers, may exceed the height restrictions for the district in which it is located but in no way shall such structures exceed the heights identified herein. Nothing in this section shall be construed to limit the height of communication antennas, support structures or towers beyond what is sufficient to accommodate amateur service communications. The height limitations listed in Table 11-613.02., Amateur Radio Antennae, are described as providing reasonable accommodation. Where communication antennas, support structures or towers exceed the heights allowed, a conditional use permit is required. Owners of certain antenna structures more than 60.96 meters (i.e. 200 feet) above ground level at the site or located near or at a public use airport must also notify the FAA and register with the FCC as required by federal law and provide evidence of registration prior to permitting.

1.

Height, setbacks, and screening for the antenna structure shall be in accordance with the standards set out in Table 11-613.02., Amateur Radio Antennae.

2.

Support structures that are not attached to the antennae shall be treated as accessory structures for the purposes of height, setbacks, and screening.

D.

Area, yard, and lot requirements.

1.

No satellite dish, amateur or commercial antenna, antenna support structure, microwave reflector/antenna, or associated foundations, support wires or appurtenances, shall be located within any required front, side or rear yard setback.

2.

No satellite dish, amateur or commercial antenna, antenna support structure, microwave reflector/antenna, or associated foundations, support wires or appurtenances, shall be located within a distance equal to one and one-tenth times the height, from all property lines, buildings, and other appurtenances.

3.

Exception: The planning commission may, in the form of a special exception, approve setbacks less than one and one-tenth times the height, only where fall zoned easements can be obtained from neighboring property owners and filed of record with the Dodge County Register.

4.

Only one amateur antenna/support structure shall be permitted per residential lot or tract; only one satellite dish may be allowed, per residential lot or tract, where the dish is larger than one meter in diameter; a maximum of two satellite dishes may be allowed, per residential lot or tract, if both units are less than one meter in diameter; under no circumstances may a satellite dish located on a residential lot or tract exceed 12 feet in diameter.

E.

Additional regulations.

1.

All antennae and support structures must meet or exceed the current standards and regulations of the FCC, the FAA, and/or all other applicable federal, state and local authorities. If those standards change, then the owner/user of an antenna or support structure must bring the antenna/structure into compliance within six months or as may otherwise be required by the applicable regulating authority.

2.

Antennae (amateur or commercial) shall not create electromagnetic or other interference with the city's and the county's radio frequencies and public safety operations, as required by the FCC. Also, antennae shall not interfere with radio or television reception of nearby property owners. In no case shall the use of such equipment infringe upon rights commonly enjoyed by adjoining property owners.

3.

No antenna or support structure shall be located so as to create a visual obstruction within critical visibility areas (such as at street intersections or where a private driveway enters a roadway) or create a traffic hazard.

4.

Safeguards shall be utilized to prevent unauthorized access to an antenna installation. Safeguards include certain devices identified/recommended by the manufacturer of the antenna or support structure, a fence, a climbing guard, or other commercially available safety devices. Climbing spikes or other similar climbing device, if utilized, shall be removed immediately following use.

5.

Temporary antennae shall only be allowed in the following instances:

a.

In conjunction with a festival, carnival, rodeo or other special event/activity;

b.

In case of an emergency (e.g., severe weather, etc.) or a news coverage event;

c.

When needed to restore service on a temporary basis after failure of an antenna installation. The city must be notified within 72 hours of the placement of a temporary antenna. If the temporary antenna is to be needed for more than seven days, then the owner/user must apply for and acquire a permit for the temporary installation on or before the eighth day following initial placement of the antenna.

6.

Colocation is greatly encouraged by the city.

a.

All new support structures over 40 feet in height shall be constructed to support antennae for at least two carriers, unless the structure is an alternative or stealth design, or the support structure is replacing an existing utility structure or light standard. Sufficient area for associated structures and equipment shall also be provided.

b.

A support structure which is modified or reconstructed in order to accommodate colocation shall be of the same type, design and height as the existing structure, and may be relocated to a location on the same property within 50 feet of its original location provided that it is not moved any closer to property lines, buildings or other appurtenances. The original (i.e., former) support structure shall be removed from the property within 90 days following completion of the new structure.

c.

Where an additional antenna is to be attached to an existing support structure that already has an antenna mounted upon it, the new antenna shall comply with and be compatible with the design of the existing antenna on the colocated structure.

7.

Support buildings and equipment storage areas/buildings shall be screened from public view if mounted on a rooftop. When ground mounted, they shall meet all applicable front, side and rear yard setback requirements, and shall be screened from public view by a six-foot opaque barrier consisting of wood and/or masonry (wrought iron or chain link may only be used in conjunction with a landscape screen as specified herein); a dense, opaque evergreen landscape screen, capable of providing a substantially opaque barrier with an initial planting height of no less than three feet, and which will attain an ultimate height of six feet at maturity, may be used in lieu of or in conjunction with other screening methods to achieve a six-foot opaque barrier.

8.

All commercial signs, flags, lights and attachments other than those required for emergency identification, communications operations, structural stability, or as required for flight visibility by the FAA and/or FCC shall be prohibited on any antenna or antenna support structure. However, lights may remain or be placed upon light standards that are altered or replaced in order for them to serve as antenna support structures provided that said lights are not commercial (i.e., for-profit) in nature, and provided that said lights are placed/replaced as the same size, configuration, number of bulbs, degree of luminance, etc. as they previously existed prior to support structure modification/replacement.

9.

Any publicly owned antennae or antenna support structures (e.g., public safety communications, etc.) shall be permitted in any zoning district.

F.

Abandonment.

1.

A communication antenna, support structure or tower that is out of service for a continuous twelve-month period will be deemed to have been abandoned. The city may issue a notice of abandonment to the owner of a communication antenna, support structure or tower that is deemed to have been abandoned. The owner shall have the right to respond to the notice of abandonment within 30 days from postmark date. The city shall withdraw the notice of abandonment, and shall notify the owner that the notice has been withdrawn, if the owner provides information that demonstrates the communication antenna, support structure or tower has not been abandoned.

2.

If a communication antenna, support structure or tower is determined to be abandoned, the owner shall remove the communication antenna, support structure or tower, at the owner's sole expense, within 60 days of postmark date of the notice of abandonment. If the owner fails to remove the communication antenna, support structure or tower, the city may pursue a legal action to have the communication antenna, support structure or tower removed at the owner's expense.

G.

Decommissioning plan. The permit application must contain a decommissioning plan to ensure the project is properly decommissioned upon abandonment. At a minimum, the decommissioning plan shall include:

1.

Provisions for the removal of all structures, and accessories, within 180 days after facility abandonment; and

2.

Provisions for the restoration of the soil and vegetation within 270 days after abandonment.

A.

Generally. The standards of this section apply to accessory buildings and structures in residential districts (detached garages are considered accessory buildings and structures for the purposes of this section). Accessory buildings and structures are counted in the calculation of building coverage and impervious coverage.

B.

Timing of Construction. No accessory building or structure shall be constructed unless a principal building is constructed or under construction simultaneously with the accessory building or structure.

C.

Residential Occupancy. Use of an accessory building for residential purposes, not otherwise constructed and approved for residential occupancy, is strictly prohibited.

D.

Detached Accessory Buildings and Structures. Accessory buildings or structures that are structurally attached to a principal building shall conform to all standards that are applicable to the principal building. Accessory buildings and structures connected by means of a covered (but otherwise unenclosed) breezeway or walkway shall not be considered attached for the purpose of this section.

E.

Standards for Accessory Buildings and Structures.

1.

Height. Height shall not exceed 16 feet. The height for detached garages may be increased to 20 feet.

2.

Setbacks. The setbacks for accessory buildings and structures are as follows:

a.

Front Yards. No accessory building or structure may be located between the front building line of the principal building and the front property line. Any detached garage that fronts on a public or private street must be set back the greater of 20 feet or the minimum setback required by the applicable district.

b.

Street Yards. No accessory building or structure may be located in any street yard. No detached garage shall be located within 20 feet of any street right-of-way line.

c.

Side Yards. An accessory building or structure may be located a minimum of three feet from the side lot line of the property if it is under 16 feet in height. An additional one foot of setback is required for every two feet above 16 feet in height, up to the maximum height allowed in the applicable district.

d.

Rear Yards. The minimum rear yard setback for accessory buildings and structures shall be five feet. This minimum rear yard setback shall be increased to 20 feet for detached garages oriented towards an alley.

3.

Easements. Accessory buildings and structures shall not be located within any easements.

4.

Compatibility. Accessory buildings and structures shall be designed to be compatible with the principal building in terms of:

a.

Color, which shall be the same as or analogous to the principal building color;

b.

Materials, which shall be the same as those used on the principal building, and in the case of siding or brick, shall be installed with the same patterns as on the principal building;

c.

Roof pitch, which shall be the same as the principal building;

d.

Roof materials and color, which shall be the same as the principal building; and

e.

Fenestration, if windows are provided, they shall be of a type and aspect ratio that is similar to those on the principal building.

Exception: Accessory buildings and structures located on lots or tracts in R Rural zoning districts with a net lot area of five acres or more (net area calculation excludes public road right-of-way).

F.

Maximum Size of Accessory Buildings and Structures in Residential Districts.

1.

In the R Rural district the sum of the square footage of all accessory buildings and structures, including detached garages, shall not exceed 15 percent of the total area of the lot or tract.

2.

In all other residential districts, the sum of the square footage of all accessory buildings and structures, including detached garages, shall not exceed seven and one-half percent of the total area of the lot or tract.

A.

Generally. The requirements of this section apply to fences and walls in residential districts.

B.

Application. This section applies to all fences and walls with a height of 30 inches or more, above finished grade. Any owner or authorized agent who intends to construct, enlarge, alter, repair, relocate, or demolish a fence, shall first make application to the zoning administrator and obtain the required permit.

C.

Height. The maximum height of a fence or wall within a required front yard or street yard setback shall be 42 inches. The maximum height of any fence or wall outside of a required front yard shall be six feet.

Exception: A fence or wall built within the required street yard of a lot abutting an arterial street, including street yards of corner lots and rear yards of double frontage lots, may be built to a height of six feet, so long as vision clearance is provided if access to the property is taken from the same arterial street.

D.

Openness. Fences located in a required front yard or street yard setback shall not exceed more than 50 percent opacity. All other fences and walls built on residential property outside of required front or street yards may exceed 50 percent opacity.

Exception: A fence or wall built within the required street yard of a lot abutting an arterial street, including street yards of corner lots and rear yards of double frontage lots, may exceed 50 percent opacity, so long as access to the property is not taken from the same arterial street.

E.

Materials.

1.

Allowed Materials. Materials used for fences and walls shall be durable, and of a character commonly used in residential applications, including:

a.

Weather-resistant or pre-finished (painted or stained and sealed) wood;

b.

Ornamental wrought iron or powder-coated aluminum (except on fences/walls that are used for screening purposes);

c.

Masonry (brick, stucco-finished concrete, split face concrete masonry units, or stone), but not unfinished concrete block; or

d.

Chain link along the front or street side yard is only allowed if installed flush with the face of the house. Chain link is permitted in the rear or side yard;

i.

The Planning Commission may hold a public hearing to grant a special exception to allow chain link within the front yard or street yard or along the front yard and/or street yard property lines if they find that the proposal is compatible with the surrounding area and aggrieved citizens were provided adequate notice and have not presented a compelling objection.

1.

Public notification will be provided as is required by NRS §19-904 and NRS §19-905, as amended from time to time, which requires notice of the public hearing to be published in the local newspaper and either a sign be placed in the general vicinity of the action or a letter of the public hearing be sent to property owners within 300 feet of the property of proposed action.

ii.

Criteria for Approval. In addition to the applicable standards of this UDC, the special exemption authorized by this section shall comply with the following standards:

1.

The special exemption shall not be of a type that would tend to undermine the implementation of an adopted plan that includes the lot or tract proposed for development.

2.

The special exemption shall be compatible with surrounding land uses and the natural environment, and will not materially detract from the character of the immediate area or negatively affect the planned or anticipated development or redevelopment trajectory.

3.

The special exemption and any conditions of development shall adequately protect public health and safety against natural and man-made hazards which include, but are not limited to, traffic noise, water pollution, airport hazards, and flooding.

iii.

Any aggrieved citizen may appeal the action of the Planning Commission to the City Council within 10 days of the action of the Planning Commission.

e.

Any combinations of these materials

2.

Limited Materials.

a.

Slatted chain link is only permitted in side and rear yards, not adjacent to a public or private street.

b.

Wire mesh is only permitted where enclosing sport courts and tennis courts.

3.

Prohibited Materials. The following materials are not permitted as fence or wall components: scrap lumber, plywood, tree branches, tree trunks, sheet metal, plastic or fiberglass sheets, barbed wire, spikes, nails, razors, electric currents or other features specifically designed to injure or scratch an individual or animal who attempts to negotiate the fence or wall.

Exception: Barbed wire is permitted in R Rural districts where enclosing lots or tracts used exclusively for crop production and/or animal husbandry.

F.

Fence/Wall Orientation and Maintenance.

1.

Orientation. It is strongly encouraged that all fence runs be finished and identical on both sides of the fence (i.e. pickets on both sides). Where fences are not finished and identical on both sides of the fence, and where written authorization has been provided by the adjacent property owner, 50 percent of the fence run, in linear increments no less than six feet and no more than eight feet, may be finished with pickets facing inward toward the subject property; all other fence runs shall be finished with all pickets facing outward toward neighboring properties or adjacent rights-of-way.

2.

Maintenance. Fences and walls shall be maintained in an upright position (not more than five degrees from vertical orientation), and in good condition (e.g., free of rust, peeling paint or coatings, missing or broken pickets, wood rot, or graffiti).

G.

Protective Fences around Swimming Pools. An outdoor swimming pool, including an in-ground, above-ground or on-ground pool, hot tub or spa, shall be surrounded by a barrier in accordance with the most recently adopted version of the building code, and any local amendments thereto.

H.

Location Restriction and Drainage.

1.

No fence or wall shall be built on any lot or tract outside the surveyed lot lines.

2.

No fence or wall shall be built which obstructs the flow of water in natural drainage courses, or drainageways created within easements (see Subsection 11-405.02, Floodway (FW) Overlay and Flood Fringe (FF) Overlay Districts).

(Ord. No. 5453, 7-31-18; Ord. No. 5567, § 1, 5-11-21; Ord. No. 5618, § 1, 6-14-22; Ord. No. 5675, § 1(Att. A), 4-9-24)

A.

Generally. The standards of this section apply to accessory buildings and structures in nonresidential and mixed-use districts. Accessory buildings and structures are counted in the calculation of building coverage and impervious coverage. If an accessory structure is specifically regulated by another section, then the more restrictive of the standards apply.

B.

Timing of Construction. No accessory building or structure shall be constructed unless a principal building is constructed or under construction simultaneously with the accessory building or structure.

C.

Residential Occupancy. Use of an accessory building for residential purposes, not otherwise constructed and approved for residential occupancy, is strictly prohibited.

D.

Detached Accessory Buildings and Structures. Accessory buildings or structures that are structurally attached to a principal building shall conform to all standards that are applicable to the principal building. Accessory buildings and structures connected by means of a covered (but otherwise unenclosed) breezeway or walkway shall not be considered attached for the purpose of this section.

E.

Standards for Accessory Buildings and Structures.

1.

Height. Height shall not exceed 16 feet.

2.

Setbacks. The setbacks for accessory buildings and structures are as follows:

a.

Larger than 120 square feet or taller than 10 feet in height. Nonresidential accessory buildings and structures shall be set back from property lines according to the requirements that are applicable to the principal building.

b.

Accessory buildings and structures 120 square feet or less and 10 feet or less in height. The required setback for nonresidential accessory buildings and structures is set out in Table 11-615.01.01., Required Setbacks of Nonresidential Accessory Buildings and Structures.

3.

Easements. Accessory buildings and structures shall not be located within any easements.

F.

Maximum Floor Area. The maximum floor area of accessory buildings and structures is set out in Table 11-615.01.02., Maximum Floor Area of Nonresidential Accessory Buildings and Structures.

A.

Generally. The requirements of this section apply to fences and walls in nonresidential and mixed-use districts.

B.

Application. This section applies to all fences and walls with a height of 30 inches or more, above finished grade.

C.

Height. The maximum height of a fence or wall within a required front yard or street yard setback in the SC, Suburban Commercial or GC, General Commercial districts shall be 42 inches. The maximum height of any fence or wall outside of a required front yard shall be eight feet. A solid fence or wall that is eight feet high shall be required between commercial or industrial uses and residential uses. The Planning Commission may grant a waiver to reduce the height of a required privacy fence to six feet if it can be demonstrated that the is no adverse impact to an abutting residential property.

Exception: A fence or wall built within the required street yard of a lot abutting an arterial street, including street yards of corner lots and rear yards of double frontage lots, may be built to a height of eight feet, so long as access to the property is not taken from the same arterial street.

D.

Openness. Fences located in a required front yard or street yard setbacks shall not exceed more than 50 percent opacity. All other fences and walls built in nonresidential and mixed-use districts outside of required front or street yards may exceed 50 percent opacity.

Exception: A fence or wall built within the required street yard of a lot abutting an arterial street, including street yards of corner lots and rear yards of double frontage lots, may exceed 50 percent opacity, so long as access to the property is not taken from the same arterial street.

E.

Materials.

1.

Allowed Materials. Materials used for fences and walls shall be durable, and of a character commonly used in nonresidential and mixed-use applications, including:

a.

Weather-resistant or pre-finished (painted or stained and sealed) wood;

b.

Ornamental wrought iron or powder-coated aluminum (except on fences/walls that are used for screening purposes);

c.

Masonry (brick, stucco-finished concrete, split face concrete masonry units, or stone), but not unfinished concrete block; or

d.

Any combinations of these materials.

2.

Limited Materials.

a.

Slatted chain link is only permitted in side and rear yards, not adjacent to a public or private street.

b.

Wire mesh is only permitted where enclosing sport courts and tennis courts.

3.

Prohibited Materials. The following materials are not permitted as fence or wall components: scrap lumber, plywood, tree branches, tree trunks, sheet metal, plastic or fiberglass sheets, barbed wire, spikes, nails, razors, electric currents or other features specifically designed to injure or scratch an individual or animal who attempts to negotiate the fence or wall.

Exception: Barbed wire or razor wire may be permitted by the planning commission in the form of a special exception where it can be demonstrated that such security measures are required and cannot be achieved by other means.

F.

Fence/Wall Orientation and Maintenance.

1.

Orientation. It is strongly encouraged that all fence runs be finished and identical on both sides of the fence (i.e. pickets on both sides). Where fences are not finished and identical on both sides of the fence, and where written authorization has been provided by the adjacent property owner, 50 percent of the fence run, in linear increments no less than six feet and no more than eight feet, may be finished with pickets facing inward toward the subject property; all other fence runs shall be finished with all pickets facing outward toward neighboring properties or adjacent rights-of-way.

2.

Maintenance. Fences and walls shall be maintained in an upright position (not more than five degrees from vertical orientation), and in good condition (e.g., free of rust, peeling paint or coatings, missing or broken pickets, wood rot, or graffiti).

G.

Exceptions. Fences or walls, which are specifically required pursuant to Section 11-810, Landscaping, Buffering, and Screening, shall conform to the requirements in that section.

H.

Location Restriction and Drainage.

1.

No fence or wall shall be built on any lot or tract outside the surveyed lot lines.

2.

No fence or wall shall be built which obstructs the flow of water in natural drainage courses, or drainageways created within easements (see Subsection 11-405.02, Floodway (FW) Overlay and Flood Fringe (FF) Overlay Districts).

A.

Generally. Permanent or seasonal outdoor display of merchandise by a business is permitted if compliance with all the applicable requirements of this section are demonstrated.

B.

Accessory Use. The outdoor display area involves items for sale by a business that is located within a permanent structure on the same lot or tract.

C.

Attached to Principal Building. An outdoor display area that is attached to a principal building (see Figure 11-615.01., Attached Outdoor Display Area) is permitted if it is demonstrated that the outdoor display area is:

1.

Adjacent to an exterior wall of a principal building on the same lot or tract;

2.

Configured as a walled and/or decoratively fenced area that is architecturally integrated into the principal building;

3.

If covered, the display area shall be covered with a roof structure that is architecturally integrated into the principal building, except that nursery areas may be covered by greenhouse roofing, screening, or another cover material that is appropriate for protecting plant stock;

4.

Within the buildable area of the site; and

5.

Not located such that it reduces the minimum required parking or interferes with required loading or vehicular circulation areas.

Expand

Figure 11-615.03. Attached Outdoor Display Area

 

D.

Sidewalk Displays. Displays are permitted on sidewalks that abut the principal building if it is demonstrated that:

1.

Merchandise is displayed at a height of six feet or less;

2.

There is at least five feet of clear width on the sidewalk for use by pedestrians; and

3.

All sidewalk merchandise displays are within 40 feet of an entrance to the principal use, or located in an area defined by the forward projection of the side walls of the use, whichever is a smaller display area.

E.

Sales or Rental of Passenger Vehicles, Heavy Equipment, and Watercraft. Where outdoor display of passenger vehicles, heavy equipment, or watercraft is permitted, the display of such vehicles, equipment, and/or watercraft, shall not occupy or obstruct required parking or loading spaces, and shall only be displayed on an all-weather surface on the same lot or tract as the principle building.

Exception: The outdoor display of heavy equipment may be located on areas surfaced with coarse aggregate, where approved by the planning commission in the form of a special exception, provided that all drive approaches, driveways, drive aisles, parking areas and loading zones are all constructed of an all-weather surface.

A.

Generally. Outdoor storage is only permitted in the R, SC, GC, LI and GI districts, subject to the standards of this section. Outdoor storage is prohibited in any location for which standards for outdoor storage are not provided in this section.

B.

AG District. Outdoor storage areas for agricultural equipment or materials shall be set back a minimum of 100 feet from public rights-of-way and property lines.

C.

SC and GC Districts. Outdoor storage areas are permitted if it is demonstrated that the outdoor storage area:

1.

Is not located in building setbacks;

2.

Is constructed of an all-weather surface; and

3.

Is screened in one of the following ways:

a.

The area is enclosed by a wall of sufficient height, but not exceeding a height of eight feet, that is integrated into the design of the principal building's facade and composed of the same material as the principal building; or

b.

The area is enclosed by an opaque wall or fence of sufficient height, but not exceeding a height of eight feet, to completely screen the stored materials from public view. Such wall or fence shall be landscaped with shrubs planted 36 inches on center that are maintained as a hedge with a minimum mature height of six feet around the entire periphery of the wall or fence, except at points of access.

D.

LI and GI Districts. Outdoor storage areas are permitted if it is demonstrated that the outdoor storage area:

1.

Is not located in the building setbacks;

2.

Is constructed of an all-weather surface, unless otherwise approved by the planning commission in the form of a special exception, provided that all drive approaches, driveways, drive aisles, parking areas and loading zones are all constructed of an all-weather surface; and

3.

Screened in one of the following ways:

a.

The area is enclosed by a wall of sufficient height, but not exceeding a height of eight feet, that is integrated into the design of the principal building's facade and composed of the same material as the principal building; or

b.

The area is enclosed by an opaque wall or fence of sufficient height, but not exceeding a height of eight feet, to completely screen the stored materials from public view. Such wall or fence shall be landscaped with shrubs planted 36 inches on center that are maintained as a hedge with a minimum mature height of six feet around the entire periphery of the wall or fence, except at points of access.

(Ord. No. 5691, § 1(Att. A), 8-13-24; Ord. No. 5692, § 1(Att. A), 8-13-24)

A.

Height Exceptions. The following shall be exempt from the height limitations set forth in the applicable district regulations.

1.

Architectural Projections. Chimneys, attic ventilators, plumbing vent stacks, mechanical equipment, elevator bulkheads, tanks, steeples, penthouses not exceeding 25 percent of the total roof area, and stage towers or scenery lofts.

2.

Grain, Cement and similar elevators and silos including bucket elevators, unloading towers and associated mechanical equipment.

3.

Water Towers.

4.

Press boxes on top of bleachers associated with educational or public athletic fields may be up to 48 feet tall.

B.

Encroachments of Required Yards. Every part of a required yard shall be open and unobstructed from finished grade upward, except as specified below:

1.

Architectural projections, including roofs covering porches, window sills, belt courses, cornices, eaves, flues and chimneys, and ornamental features may project a maximum of three feet into required yards, provided that they do not obstruct the light and ventilation of adjacent buildings and such projections are set back at least three feet from an adjacent side or rear lot line, and 20 feet from any front lot line.

2.

Terraces, patios, uncovered decks, and ornamental features, which have no structural element more than three feet above or below the adjacent ground level, may project 10 feet into a required yard. However, all such projections must be set back at least three feet from an adjacent side or rear lot line, and 20 feet from any front lot line.

3.

Fire escapes, fireproof outside stairways, egress window wells, and balconies may project a maximum of three feet into required yards, provided that they do not obstruct the light and ventilation of adjacent buildings and such projections are set back at least three feet from an adjacent side or rear lot line, and 20 feet from any front lot line.

4.

In the SC and GC districts, a canopy may extend into a required front yard, provided that the canopy is set back at least five feet from the front property line, covers less than 15 percent of the area of the required front yard, and has a vertical clearance of at least eight feet six inches.

5.

Lamp posts with a maximum height of 10 feet, and flag poles up to 35 feet in height may be located within required yards, provided they are set back at least five feet from property lines.

6.

Temporary ADA ramps may extend into a required front yard provided that the ramp is setback at least three feet from the side property line(s).

C.

Setback Adjustments.

1.

Setbacks on Built-Up Block faces. These provisions apply if 30 percent or more of the buildings on a block face have front yard setbacks that are different than those required by district in which they are located.

a.

If a building is to be built on a lot or tract of land within 100 feet of existing buildings on both sides, the minimum front yard shall be the mean setbacks of the adjacent buildings.

b.

If a building is to be built on a lot or tract of land within 100 feet of an existing building on one side only, the minimum front yard shall be the setback of the adjacent building.

c.

If the building is to be built on a lot or tract of land that is not within 100 feet of an existing building on either side, then the minimum front yard shall be the mean setback of all existing buildings on the block face or that required by the applicable district, whichever is greater.

d.

No setback adjustment pursuant to this section shall create a required front yard setback more than five feet greater than that required by the applicable district.

2.

Corner Lots. Required setbacks shall not reduce the buildable width of any corner lot to less than 24 feet. Appropriate setback adjustments shall be allowed to maintain this minimum width. All platted lots after the effective date of this UDC shall be increased above the minimum lot width in the district by the width of the street yard setback.

D.

Yard Exceptions.

1.

Rear Yard. When an irregular lot is used for residential purposes, the rear yard may be measured as the average horizontal distance between the building and rear lot line, provided that the minimum setback shall not be less than 60 percent of the rear yard required by the applicable district.

2.

Double Frontage Lots or Through Lots. Residentially zoned double frontage lots, or through lots, fronting an arterial street, with no access to said street, shall have a setback equal to the rear yard setback as provided for in the applicable zoning district regulations. All other double frontage lots must provide full front yard setbacks from each adjacent street.

(Ord. No. 5561, § 1, 3-30-21; Ord. No. 5584, § 1, 8-31-21; Ord. No. 5692, § 1(Att. A), 8-13-24)

The purpose of design standards is to ensure that buildings located along highly visible corridors are located on high-quality, well-designed sites and designed to contribute to the level of quality and character that is envisioned by the comprehensive plan.