The word "shall" is mandatory; the word "may" is permissive. The particular shall control the general. Words used in present tense shall include the future, and words used in the singular include the plural, and plural the singular, unless the context clearly indicates the contrary. Unless otherwise identified herein, terms shall include their related forms. All other words and phrases shall be given their common, ordinary meaning, unless the context clearly requires otherwise. All public officials, bodies and agencies to which reference is made are those of the city, unless otherwise indicated. The City of Fremont shall be the city.

Set out in Table 11-910, Meaning of Acronyms and Abbreviations, is the meaning of the acronyms and abbreviations used in this UDC.

A Terms

Access. The provision for immediate ingress and egress of traffic, including both vehicular and pedestrian, from an abutting property, including rights-of-way both public and private.

Access Easement. An easement created for the purpose of providing vehicular or pedestrian access to and/or through a property.

Accessory Dwelling Unit ("ADU"). A smaller, secondary home on the same lot as a primary dwelling. ADUs are independently habitable and provide the basic requirements of shelter, heating, cooking, and sanitation. There are two types of ADUs:

C.

Garden cottages are detached structures. Examples include converted garages or new construction.

D.

Accessory suites are attached to or part of the primary dwelling. Examples include converted living space, attached garages, basements or attics; additions; or a combination thereof.

Accessory Building. A building on the same lot or tract as the principal building, the use of which is incidental to the use of the principal building.

Accessory Structure. A structure on the same lot or tract as the principal structure, the use of which is incidental to the use of the principal structure.

Accessory Use. A use of land, structure, or building, or portion thereof, that is commonly associated with, incidental, and subordinate to a principal use, and located on the same lot or tract.

Accidental Discharge. A discharge prohibited by these regulations which occurs by change and without planning or thought prior to occurrence.

Active Recreation. Recreation requiring some constructed facilities and organized activities.

Addition (see Chapter 2 Definitions, International Building Code, as amended from time to time).

Adult Business means an adult arcade, adult bookstore, adult cabaret, adult novelty store, adult video store, and nude model studio, adult motel, adult motion picture theater, or sexual encounter center, or any other business or establishment that offers its patrons services or entertainment characterized by an emphasis on matter depicting, describing, or relating to specified sexual activities or specified anatomical areas.

Adult Day Service (see the Health Care Facility Licensure Act, Neb. Rev. Stat. §§ 71-401 to 71-459, as amended from time to time).

Adverse Impact. A negative consequence for the physical, social, or economic environment resulting from an action or project.

Affordable Housing. Housing units where the occupant is paying no more than 30 percent of gross income for housing costs, including taxes and utilities.

Agricultural Use. The use of land for crop production or raising of livestock.

Agricultural Sales and Service. A use primarily engaged in the sale or rental of farm tools and implements, feed, grain, tack, animal care products, and farm supplies. This definition excludes the sale of large implements, such as tractors and combines, but includes food sales and farm machinery repair services that are accessory to the principal use.

Airport (see the Airport Zoning Act, Neb. Rev. Stat. § 3-101, as amended from time to time).

Alcoholic Beverage Sales. The retail sale of beer, wine, or other alcoholic beverages for on- or off-premise consumption.

Alley. An unnamed public or private right-of-way, 20 feet or less in width, primarily designed for secondary access to the rear or side of those properties whose principal frontage is on another street. Buildings facing an alley shall not be construed as satisfying the requirements of these regulations related to frontage on a dedicated street.

All-Weather Surface. An improved, dust free, surface that is constructed of concrete, asphalt or asphaltic concrete, permeable paving, driveway pavers, pavestones or similar impermeable material, in accordance with common engineering practices for the associated application, meeting the standards of this Code. Crushed rock, gravel, or other material shall not be considered as an all-weather surface.

Alteration (see Chapter 2 Definitions, International Building Code, as amended from time to time).

Amateur [Non-Commercial] Antenna. An antenna or antenna support structure used for the purpose of transmission, retransmission, and/or reception of radio, television, electromagnetic, or microwave signals for private or personal use and not for the purpose of operating a business and/or for financial gain. A satellite dish antenna not exceeding six feet in diameter shall also be considered as a non-commercial antenna.

Amateur [Non-Commercial] Communications Operations. The transmission, retransmission and/or reception of radio, television, electromagnetic, or microwave signals for private or personal use, and not for the purpose of operating a business and/or for financial gain.

Ambulatory Surgery Center (see the Health Care Facility Licensure Act, Neb. Rev. Stat. §§ 71-401 to 71-459, as amended from time to time).

Animal Feeding Operation ("AFO") (see 130 Neb. Admin. Code, as amended from time to time).

Animal Grooming Facility. An establishment, public or private, where animals are bathed, clipped, or combed for the purpose of enhancing their aesthetic value or health and for which a fee is charged. This definition does not including animal boarding facilities or kennels.

Animated Sign. Any sign that includes action, motion, or color change on all or any part of the sign facing, requiring electrical energy, or set in motion mechanically or by movement of the atmosphere. This definition includes signs commonly referred to as by-view, tri-view, or multi-view signs which alternate or otherwise change displays whether through mechanical or electrical means. An animated sign does not include a clock and/or thermometer display.

Appurtenant Structure. A structure with a GFA of 400 square feet or less, on the same lot or tract of property as the principal structure, the use of which is incidental to the use of the principal structure.

Architect (see the Engineers and Architects Regulation Act, Neb. Rev. Stat. §§ 81-3401 to 81-3455, as amended from time to time).

Architectural Details. Any projection, relief, cornice, column, change of building material, window, or door opening on any building. The phrase does not include wall textures, such as brick, ribbed concrete, split face concrete block, or siding, nor does it include color changes.

Architectural Feature. The architectural elements embodying style, design, general arrangements and components of all the outer surfaces of any improvements, including, but not limited to, the kind, color and texture of the building materials and the style and type of all windows, doors, lights, signs, and other fixtures apparent to a structure.

Architectural Style. The characteristic form and detail, as of buildings of a particular historic period.

Area of Shallow Flooding. A designated AO or AH zone on a community's Flood Insurance Rate Map (FIRM) with a one percent or greater annual chance of flooding to an average depth of one to three feet where a clearly defined channel is unpredictable and where velocity flow may be evident. Such flooding is characterized by ponding or sheet flow.

Area of Special Flood Hazard (see Subpart A, 44 CFR 59.1 Definitions, as amended from time to time).

Arterial. A street that serves or is designed to serve, as a connection between uses which generate heavy traffic volumes or between other arterial streets.

Assisted Living Facility (see the Health Care Facility Licensure Act, Neb. Rev. Stat. §§ 71-401 to 71-459, as amended from time to time).

Attached Sign. Any sign which is physically connected to and derives structural support from a building or building appurtenance.

Attic (see Chapter 2 Definitions, International Building Code, as amended from time to time).Auto (see Automobile).

Auto Sales and Service Establishment. The use of any building or portion thereof, or other premises or portion thereof, for the display, sale, rental, or lease of new motor vehicles, or used motor vehicles as an ancillary use of a zoning lot, and any warranty repair work and other repair service conducted as an accessory use.

Automated Teller Machine ("ATM"). A mechanized consumer banking device operated by the financial institution for the convenience of its customers, whether outside or in an access-controlled facility. ATM's located within a building shall be considered accessory to the principal use unless the ATM is likely to generate traffic independent from the principal use.

Automobile. Vehicles designed to carry 10 passengers or less and use for the transportation of persons.

Awning (see Chapter 2 Definitions, International Building Code, as amended from time to time).

Awning Sign. A sign that is located or printed on an awning.

B Terms

Banner. A flexible substrate on which copy or graphics may be displayed.

Bar. An establishment or part of an establishment open to the general public primarily devoted to the selling or serving of alcoholic beverages and in which the service of food is only incidental to the consumption of such beverages.

Base Flood (see Subpart A, 44 CFR 59.1 Definitions, as amended from time to time).

Base Flood Elevation. The computed elevation to which floodwater is anticipated to rise during the base flood. Base Flood Elevations (BFEs) are shown on Flood Insurance Rate Maps (FIRMs) and on the flood profiles. The BFE is the regulatory requirement for the elevation or floodproofing of structures. The relationship between the BFE and a structure's elevation determines the flood insurance premium.

Basement (see Subpart A, 44 CFR 59.1 Definitions, as amended from time to time).

Best Management Practices ("BMP's"). Schedules of activities, prohibitions of practices, general good housekeeping practices, pollution prevention and educational practices, maintenance procedures and other management practices to prevent or reduce the discharge of pollutants directly or indirectly to storm water, receiving water, or storm water conveyance systems. BMP's also include treatment practices, operating procedures, and practices to control site runoff, spillage or leaks, sludge or water disposal, or drainage from raw materials storage.

Bicycle Lanes. Areas within the street right-of-way designated specifically for use by bicycles. Bicycle lanes are striped and designated by signs and stenciling on the pavement for one-way traffic in the same direction as motor vehicle traffic.

Block. An area of land surrounded on all sides by streets or other transportation rights-of-way or by physical barriers such as water bodies or public open spaces. Blocks are normally divided into lots. See Figure B-1, Block.

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Figure B-1 Block

 

Block Face. That portion of a block or tract of land abutting one side of a street and lying between the closest intersecting streets, or intersecting streets and other transportation rights-of-way, physical barrier such as water body, or public open space.

Block Length. The distance as measured along front property lines between intersecting streets, or intersecting streets and other transportation rights-of-way, physical barrier such as water body, or public open space.

Board of Adjustment ("Board"). The City of Fremont Board of Adjustment.

Buffer. Open spaces, landscaped areas, fences, walls, berms, or any combination thereof used to physically and visually separate one use or property from another in order to mitigate the impacts of noise, light, or other nuisance.

Bufferyard. A strip of land together with open spaces, landscaped areas, fences, walls, berms, or any combination thereof required thereon located between different land uses or zoning districts. or along streets to minimize potential nuisances such as dirt, litter, noise, glare of lights, signs and unsightly buildings, and parking lots, or to provide spacing to reduce adverse impacts of noise, light, or other nuisance. See Figure B-2, Bufferyards.

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Figure B-2 Bufferyards

 

Buildable Area. The area of a lot remaining after the minimum yard and open space requirements, have been met. See Figure B-3, Buildable Area.

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Figure B-3 Buildable Area

 

Building (see Chapter 2 Definitions, International Building Code, as amended from time to time).

Building Code. The code or codes governing the erection and maintenance of buildings and structures, as adopted and amended from time to time, by the City of Fremont.

Building Coverage. The gross horizontal area of all principal and accessory buildings and/or structures on a lot or tract.

Building Coverage Ratio. The ratio of the gross horizontal area of all principal and accessory buildings and/or structures on a lot or tract, divided by the total area of the same lot or tract.

Building Frontage. Those building elevations that face upon a road or parking area between the building and the road.

Building Height (see Chapter 2 Definitions, International Building Code, as amended from time to time).

Building Integrated SECS. An SECS that is an integral part of a principal or accessory building, rather than a separate mechanical device, replacing or substituting for an architectural or structural component of the building. Building integrated SECS include, but are not limited to, photovoltaic or hot water solar systems that are contained within roofing materials, windows, skylights or awnings.

Building Line. A line that is parallel to a lot line, which runs through the point of the building that is closest to the lot line, excluding portions of the building that are permitted encroachments. The building line may or may not be contiguous with the setback line. See Figure B-4, Building Line.

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Figure B-4 Building Line

 

Building Official (see Chapter 2 Definitions, International Building Code, as amended from time to time).

Building Sign (see Wall Sign).

Building Phase of Development. Period of construction activity when a portion(s) of a common plan of development or sale requires a building permit.

C Terms

Campground. An area rented to the public for transient occupancy or lodging a camping unit.

Camping unit. Any single temporary shelter four-hundred square feet or less in area, except sleeping bags, bed rolls, and hammocks, used for camping at a personal camp site. Camping units include but are not limited to a tent, travel trailer, recreational vehicle ("RV"), camper, or other similar form of shelter.

Canopy Sign. A sign that is located or printed on a canopy.

Carwash. The use of a site for automated or manual washing and cleaning of passenger vehicles. recreational vehicles, or other light duty equipment.

Cemetery. Shall mean land used or intended to be used for the burial of human or animal remains and dedicated for such purposes, including columbariums, crematoriums, and mausoleums.

Certificate of Appropriateness. A certificate, pursuant to the standards set out in Subsection 15-316.07., Certificate of Appropriateness, evidencing approval of the particular work it specifies. Certificates of appropriateness are used to protect the integrity and values of historic resources and historic districts within the City.

Change of Use. The replacement of an existing use by a new use, or a change in the nature of an existing use, but not including a change of ownership, tenancy, or management where the previous nature of the use, line of business, or other function is substantially unchanged.

Changeable Copy Message Center. A sign or portion thereof on which the copy or symbols change, either manually by means of placement of letters or symbols on a panel mounted in or on a track system, or electrically activated by means of remote electrically energized on-off switching combinations of alphabetic or pictographic components arranged on a display surface. Illumination of electrically activated changeable copy message centers may be integral to the components, such as characterized by lamps or light-emitting devices; or it may be from an external light source designed to reflect off the changeable component display.

Channel. A natural or artificial depression of perceptible extent, with a definite bed and banks to confine and conduct continuously or periodically flowing water.

Charging Station. A device or station that provides power to charge the batteries of an electric vehicle.

Child Care Center (see 391 Neb. Admin. Code, as amended from time to time).

City. The City of Fremont, Nebraska.

City Administrator. The chief administrator of the City. City Council ("Council"). The City of Fremont City Council.

City Staff ("Staff"). Members of the staff of the City who are authorized by the City Administrator to process or decide applications for development approval.

Civic Club. Buildings and facilities, owned or operated by a corporation, association, person, or persons, for a social, educational, or recreational purpose, to which membership is required for participation, and not primarily operated for profit nor to render a service that is customarily carried on as a business.

Clear-Cutting. Removal of a stand of trees, shrubs, or other vegetation, not including ordinary maintenance of regulatory groundcover.

Clearing. The destruction and/or removal of vegetation by manual, mechanical, or chemical methods.

Cluster. A development pattern or design technique in which lots or buildings are concentrated in specific areas on a site allowing the remaining land to be used for recreation, open space, and/or the preservation of natural resources.

Coarse Aggregate. A granular material, such as sand, gravel, crushed stone, crushed hydraulic-cement concrete, or similar material, the particles of which are predominantly retained on the 3/8 inch (9.5 mm) sieve.

Collector. A street that serves or is designated to serve as the connection from minor streets to the arterial street system, such as the main entrance street of a residential development, or as a secondary connection between arterial streets.

College. An institution for post-secondary undergraduate educations, public or private, offering courses in general, technical, or religious education and not operated for profit. It operates in buildings owned or leased by the institution for administrative and faculty offices, classrooms, laboratories, chapels, auditoriums, lecture halls, libraries, student and faculty centers, athletic facilities, dormitories, fraternities, and sororities, but not including colleges or trade schools operated for profit.

Colocation. The use of a single support structure and/or site by more than one communications provider.

Commencement of Construction. The date that a permit or other written approval required to be issued by the City has been issued, and work has commenced under such permit. This is recognizable upon an inspection of the property and which work is of a nature and character that reflects a good faith intention to continue the work until completion, such as the clearing, -grading or excavation, and/or the placement of erosion and sediment control measures.

Commercial Antenna. An antenna or antenna support structure used for the purpose of transmission, retransmission, and/or reception of radio, television, electromagnetic, or microwave signals primarily for the purpose of operating a business and/or for financial gain (e.g., commercial broadcasting, cellular/wireless telecommunications, etc.). A satellite dish antenna that exceeds six feet in diameter shall also be considered as a commercial antenna.

Commercial Communications Operations. The transmission, retransmission, and/or reception of radio, television, electromagnetic, or microwave signals primarily for the purpose of operating a business and/or for financial gain.

Commercial Message. Any sign wording, logo, or other representation that, directly or indirectly, names, advertises or calls attention to a business, product, service or other commercial activity.

Commercial Parking Operation. Parking spaces and adjacent access drives, aisles, and ramps that are located on private property on a lot or in a structure with two or more levels, where parking is the principal use of the premises and where a fee is charged.

Common Plan of Development or Sale. A contiguous area where multiple separate and distinct land disturbing activities may be taking place at different times, on different schedules, but under one proposed plan which may include, but is not limited to, any announcement or piece of documentation (including a sign, public notice or hearing, sales pitch, advertisement, drawing, permit application, zoning request, computer design, etc.) or physical demarcation (including boundary signs, lot stakes, surveyor markings, etc.) indicating construction activities may occur on a specific lot or tract.

Communication Services. Establishments primarily engaged in the provision of broadcasting and other information relay services accomplished through the use of electronic and telephonic mechanisms. Excluded are facilities classified as major utility services or broadcasting or communication towers. Typical uses include television studios, telecommunication service centers, telegraph service offices, or film and sound recording facilities.

Composting Facility. A site on which decomposition processes are used on solid waste (including leaves, grass, manures, and nonmeat food production wastes received from residential, commercial, industrial non-hazardous, and community sources, but not including bio-solids) to produce compost. Composting facilities do not include compost bins that are used exclusively to compost household and/or landscaping waste on, and for, an individual residential lot or tract.

Comprehensive Plan. The adopted official statement of a legislative body of a local government that sets forth (in words, maps, illustrations, and/or tables) goals, policies, and guidelines intended to direct the present and future physical, social, and economic development that occurs within its planning jurisdiction and that includes a unified physical design for the public and private development of land and water.

Concentrated Animal Feeding Operation ("CAFO") (see 130 Neb. Admin. Code, as amended from time to time).

Conditional Use. A use which, because of its potential impacts, may be permitted only after review by the Commission and granting of conditional use approval. Conditional uses are issued for uses of land and may be transferable from one owner of the land to another.

Condominium. Real estate, portions of which are designated for separate ownership and the remainder of which is designated for common ownership solely by the owners of those portions. Real estate is not a condominium unless the undivided interests in the common elements are vested in the unit owners.

Conservation. The management of natural resources to prevent waste, destruction, or degradation.

Conservation Area. Land maintained for conservation purposes.

Conservation Easement. A nonpossessory interest of a holder in real property imposing limitations or affirmative obligations for conservation purposes or to preserve the historical, architectural, archaeological, or cultural aspects of real property.

Construction Activity. Activities which may or may not be subject to the National Pollutant Discharge Elimination System ("NPDES") construction permits including, but not limited to, clearing and grubbing, grading, excavation, demolition, and other land disturbing activities.

Construction Site. Any location where construction activity occurs.

Contractor. Any person performing or managing construction work at a construction site, including, but not limited to, any construction manager, general contractor or subcontractor, and any person engaged in any one or more of the following: earthwork, pipework, paving, building, plumbing, mechanical, electrical, landscaping or material supply.

Copy. The words, graphic content, or message displayed on a sign.

County. The respective county of either Dodge, Nebraska, or Douglas, Nebraska, for which the subject property is located.

Court. A cul-de-sac of eight lots or less that is not interrupted by a through roadway.

Cul-de-Sac. A street that has only one end open to vehicular traffic and the other end terminates in a vehicular turn-around.

Cut-Off. The point at which all light rays emitted by a lamp, light source, or luminaire are intercepted by a shield that prevents their continuation.

D Terms

Deciduous Tree. Trees and shrubs that, unlike evergreens, lose their leaves and become dormant during the winter

Deck. A structural platform, without a roof, directly adjacent to a principal building, which has an average elevation of 30 inches or greater from finished grade. See Figure D-1, Deck.

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Figure D-1 Deck

 

Dedication. The transfer of private property to public or common ownership for a public purpose. The transfer may be in fee simple interest or less than fee simple interest, including easements. Dedication requires the acceptance of the interest to be complete.

Density. The number of dwelling units allowed per acre of land.

Developer. The legal or beneficial owner or owners of a lot or tract, or of any land included in a proposed development plan including the holder of an option or contract to purchase, or other persons having enforceable proprietary interest in such land, having the intention of preparing raw land for the construction of buildings or causing to be built physical building space.

Development. Any man-made change to improved or unimproved real estate, including but not limited to, buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations, or storage of equipment or materials.

Development Approval. Any written authorization from a governmental entity that authorizes the commencement of development.

Director of Planning. The chief administrator of the City's Planning Department.

Director of Public Works. The chief administrator of the City's Public Works Department.

Directory Sign. A sign that identifies the names and locations of tenants in a multi-tenant building or in a development made up of a group of buildings.

Disability. An individual with a disability is any person who has a physical or mental impairment that substantially limits one or more major life activities; has a record of such impairment; or is regarded as having such an impairment. A physical or mental impairment includes, but is not limited to hearing, mobility and visual impairments, chronic alcoholism, chronic mental illness, AIDS, AIDS Related Complex, and mental retardation that substantially limits one or more major life activities. Major life activities include walking, talking, hearing, seeing, breathing, learning, performing manual tasks and caring for oneself.

District. A designated area of the city or its extraterritorial jurisdiction within which certain uniform zoning regulations and requirements, or various combinations thereof, apply as set forth in this title.

Disturbed Area. Area of the land's surface disturbed by any work or activity upon the property by means including, but not limited to grading, excavating, stockpiling soil, fill, or other materials, clearing, vegetation removal, removal or deposit of any rock, soil or other materials, or other activities which expose soil. Disturbed area does not include the tillage of land that is zoned for agricultural use.

Double Frontage Lot. A lot or tract, other than a corner lot, having frontage on two streets, private ways, or courts. Primary access shall be restricted on a double frontage lot to the minor of the two streets or to the front line as determined at the time of platting or as defined by this UDC (also known as a through lot).

Drainage. Surface water runoff; and the removal of surface water or groundwater from land by drains, grading, or other means that include runoff controls to minimize erosion and sedimentation during and after construction or development, the means for preserving the water supply, and the prevention or alleviation of flooding.

Drive. A curvilinear roadway of more than 1,000 feet in length.

Drive Aisle. A vehicular traffic way or lane within an off-street parking area, used as a means of ingress to/egress from parking spaces.

Drive Approach. An area of the public right-of-way located between the roadway and property adjacent to the public right-of-way that is intended to provide access for vehicles from the roadway to the adjoining property.

Driveway. A vehicular traffic way or lane connecting the drive approach to the off-street parking area for the purposes of ingress to/egress from the lot or tract being served. Dwelling (see Chapter 2 Definitions, International Residential Code, as amended from time to time).

Duplex. A building containing two (2) dwelling units, each with its own dedicated entrance, joined to one another at one (1) or more sides by a fire resistant party wall(s) or floor. A duplex may be located on one lot or two lots with the common lot line falling along a fire resistant party wall.

Dwelling Unit. A single unit providing complete independent living facilities for one (1) or more persons, including permanent provisions for living, sleeping, eating, cooking, and sanitation.

E Terms

Earthen Berm. A man-made mound of earth used to shield or buffer properties, buildings, or structures from adjoining property or rights-of-way, or to control the direction of surface water flow.

Earthwork. The disturbance of soil on a site associated with construction activities.

Educational Facility. A public, parochial, or private institution that provides educational instruction to students. This phrase does not include colleges, universities, or vocational schools.

Effective Date. The date that this UDC is adopted, amended, or the date land areas became subject to the regulations contained in this UDC as a result of such adoption or amendment.

Energy Conversion System ("ECS"). Any facility or installation such as a windmill, hydroelectric unit or solar collecting or concentrating array, which is designed and intended to produce energy from natural forces such as wind, water, sunlight, or geothermal heat, or from biomass, for offsite use.

Engineer (see the Engineers and Architects Regulation Act, Neb. Rev. Stat. §§ 81-3401 to 81-3455, as amended from time to time).

Equipment Rental, Sales and Service Establishment. Establishments primarily engaged in the sale or rental of tools, trucks, tractors, construction equipment, agricultural implements, and similar industrial equipment, and the rental of mobile homes. Included in this use type is the incidental storage, maintenance, and servicing of such equipment.

Erosion. The removal of soil through the actions of water or wind.

Erosion Control. Measures that prevent soil erosion to the maximum extent practicable.

Erosion and Sediment Control Plan. A plan that indicates the specific measures and sequencing to be used for controlling sediment and erosion on a development site during construction activity according to locally approved standards, specification, and guidance.

Evergreen Tree. Any plant that retains its leaves throughout the year and into the following growing season.

Excavating. The process of altering the natural (grade) elevation by cutting or filling the earth, or any activity by which soil or rock is cut, dug, quarried, uncovered, removed, displaced, or relocated.

Existing Mobile Home Park or Subdivision. A mobile home park or subdivision for which the construction of facilities for servicing the lots on which the mobile homes are to be affixed (including, at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is complete before the effective date of the floodplain management regulations adopted by a community.

Expansion to an Existing Mobile Home Park or Subdivision. The preparation of additional sites by the construction of facilities for servicing the lots on which the mobile homes are to be affixed (including the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads).

Extraction. To draw out or forth; hence to derive as if by drawing out; removal of physical matter in a solid, liquid, or gaseous state from its naturally occurring location; the initial step in use of a natural resource; examples include petroleum and natural gas wells, shale and coal mines, gravel pits, timber cutting.

Extractive Industry. On-site extraction of surface or subsurface mineral products or natural resources. Typical uses are quarries, borrow pits, sand and gravel operation, mining, and soil mining. Specifically excluded from this use is grading and removal of dirt associated with an approved site plan or subdivision or excavations associated with, and for the improvement of, a bona fide agricultural use. F Terms

Facade. An exterior wall, or face, of a building exposed to public view from the building's exterior.

Fall Zone. The area on the ground within a prescribed radius from the base of a personal wireless service facility within which there is a potential hazard from falling debris (such as ice) or collapsing material.

Family. Any group of individuals living together as the functional equivalent of a family where the residents may share living expenses, chores, eat meals together and are a close group with social, economic and psychological commitments to each other. A family includes, for example, the residents of residential care facilities and group homes for people with disabilities. A family does not include larger institutional group living situations such as dormitories, fraternities, sororities, monasteries or nunneries.

Family Child Care Home I (see 391 Neb. Admin. Code, as amended from time to time).

Family Child Care Home II (see 391 Neb. Admin. Code, as amended from time to time).

Farm. Any land or buildings or structures on or in which agriculture and farming operations are carried on, including the residence or residences of owners, occupants, or employees located on such land.

Farmers' Market. The seasonal selling or offering for sale at retail of home-grown vegetables or produce, occurring in a pre-designated area, where the vendors are generally individuals who have raised the vegetables or produce or have taken the same on consignment for retail sale.

Fascia. The horizontal plain just below the roof or coping, and above the wall or supports.

Fascia Sign (see Wall Sign).

Fence. A structure serving as an enclosure, barrier, or boundary.

Filling. The depositing on land, whether submerged or not, sand, gravel, earth, or other materials of any composition whatsoever.

Final Drainage Plan. A plan that indicates the drainage characteristics of the completed project. The plan will also indicate the future conditions post construction BMP's will be maintained under.

Final Plat. A map of a land subdivision prepared in a form suitable for filing of record with necessary affidavits, dedications and acceptances, and with complete bearings and dimensions of all lines defining lots and blocks, streets, alleys, public areas, and other dimensions of land.

Final Stabilization. When all soil disturbing activities at the site have been completed, and vegetative cover has been established with a uniform density of at least 70 percent of pre-disturbance levels, or equivalent permanent, physical erosion reduction methods have been employed. For purposes of these regulations, establishment of a vegetative cover capable of providing erosion control equivalent to pre-existing conditions at the site is considered final stabilization.

Financial Institution. An establishment where the principal businesses are the receipt, disbursement, or exchange of funds and currencies, such as: banks, savings and loans, or credit unions.

Flag. A piece of cloth, varying in size, shape, color, and design, usually attached at one edge to a staff or cord, and used as the symbol of a nation, state, or organization. This term does not include flag signs.

Flag Sign. A freestanding temporary sign typically constructed of a single plastic or metal shaft with an attached pennant that is vertically elongated and attached to the shaft. Flag signs may also be referred to as advertising flags, feather flags, and feather banners.

Flood or Flooding. A general and temporary condition of partial or complete inundation of normally dry land areas.

Flood Fringe. That area of the floodplain, outside of the floodway, that has a one percent chance of flood occurrence in any one year.

Flood Insurance Rate Map (FIRM). An official map of a community, on which the Flood Insurance Study has delineated the special flood hazard area boundaries and the risk premium zones applicable to the community.

Flood Insurance Study (FIS). The official report provided by the Federal Emergency Management Agency. The report contains flood profiles, as well as the Flood Insurance Rate Map and the water surface elevation of the base flood.

Floodplain. Any land area susceptible to being inundated by water from any source (see definition of "flooding"). Floodplain includes flood fringe and floodway. Floodplain and special flood hazard area are the same for use by this ordinance.

Floodproofing. Any combination of structural and nonstructural additions, changes, or adjustments to structures that reduce or eliminate flood damage to real estate or improved real property, water and sanitary facilities, and structures and their contents.

Floodway or Regulatory Floodway. The channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one foot.

Floor Area Ratio ("FAR"). A measure of the allowable size of floor area on a lot compared to the size of the lot. FAR gives developers flexibility in deciding whether to construct a low building covering most of the lot or a tall building covering only a small part of the lot, as long as the total allowable floor area coverage is not exceeded. See Figure F-1, Floor Area Ratio.

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Figure F-1 Floor Area Ratio

 

Freeboard. A factor of safety usually expressed in feet above a flood level for purposes of floodplain management. "Freeboard" tends to compensate for the many unknown factors that could contribute to flood heights greater than the height calculated for a selected size flood and floodway conditions, such as wave action, clogged bridge openings, and the hydrological effect of urbanization of the watershed.

Freestanding Sign. A sign that is not attached to a building.

Front Lot Line. The lot line(s) separating a lot or tract and a public or private street right-of-way or easement.

E.

For an interior lot, the front lot line(s) shall be construed as the lot line(s) separating the lot or tract from the right-of-way or easement.

F.

For a corner lot, the front lot line(s) shall be construed as being the shortest of the lot lines abutting a public or private street or easement. In instances of equal line dimension, the front lot line(s) shall be determined by the Zoning Administrator, or as may be noted on the final plat.

G.

For a double frontage lot, the front lot line(s) shall be construed as being the lot line(s) separating the lot from the right-of-way or easement of the more minor street. In cases where each street has the same classification, the front lot line(s) shall be determined by the Zoning Administrator, or as may be noted on the final plat.

Front Yard. Open, landscaped area at grade between the front yard setback line(s) and the front lot line(s), and extending the full width of the lot. The front yard shall be reserved as a landscaped area, however it may be crossed by a sidewalk or driveway serving the property. On-site parking may be allowed in the front yard, except in required bufferyards in a Commercial (nonresidential/mixed use application) or Industrial zoning district when an otherwise UDC-conforming on-site parking layout is part of an Approved Development/Site Plan or construction permit.

Front Yard Setback Line. A line from one side lot line to another side lot line, parallel to the street, and as far back from the front lot line(s) as required herein for the front yard.

Fueling Station. A device for dispensing gasoline into the fuel tank of a motor vehicle.

Funeral Home. A building or part thereof used for human funeral services. Such building may contain space and facilities for (a) embalming and the performance of other services used in the preparation of the dead for burial; (b) the performance of autopsies and other surgical procedures; (c) the storage of caskets, funeral urns, and other related funeral supplies; (d) the storage of funeral vehicles; and (e) facilities for cremation.

G Terms

Gaming Services. The charitable gaming activities authorized by the State of Nebraska for nonprofit organizations including bingo, the sale of pickle cards (pull-tabs), ticket drawings for either cash prizes (lotteries) or merchandise prizes (raffles), and keno lotteries.

Garage Sale. All general sales which are open to the public and conducted from or on residential property, which are for the purpose of disposing of personal property, including but not limited to all sales entitled "garage," "lawn," "yard," "attic," "porch," "room," "backyard," "patio," or "rummage" sales.

Glare. The sensation produced by luminance within the visual field that is sufficiently greater than the luminance to which the eyes are adapted to cause annoyance, discomfort, or loss in visual performance and visibility.

Grade. The lowest part of elevation of the finished surface of the ground surface, paving, or sidewalk within the area between the building and the property line, or when the property line is more than five feet from the building, between the building and a line five feet from the building.

Grading. The act of excavation or filling or combination thereof or any leveling to a smooth horizontal or sloping surface on a property, but not including normal cultivation associated with an agricultural operation.

Grid-Interconnected System. An ECS system producing power for use on a utility company grid system. Such system may or may not be capable of sending power back into the utility grid.

Gross Density. A calculation of density acquired by dividing the number of dwelling units by the site area.

Gross Floor Area ("GFA"). The sum of the horizontal areas of the several floors of a building or buildings, measured from the exterior faces of exterior walls or in the case of a common wall separating two or more buildings or spaces, from the centerline of such common wall, not including space where the floor-to-ceiling height is less than seven feet.

Ground Sign. A freestanding sign with no visible support structures.

Groundcover. Grasses, shrubs, trees, and other vegetation which hold and stabilize soils.

Groundwater. Subsurface water in soils and geologic formations that are fully saturated.

Guyed Tower. A structure of tubular or open steel lattice construction anchored by steel ropes (guys), with suitable foundation, with an anchor radius of approximately two-thirds (2/3) the tower height.

H Terms

Hazardous Materials. Any material, including any substance, waste, or combination thereof, which because of its quantity, concentration or physical, chemical or infectious characteristics may cause, or significantly contribute to, a substantial present or potential hazard to human health, safety, property, or the environment when improperly treated, stored, transported, disposed of or otherwise managed.

Health Clinic (see the Health Care Facility Licensure Act, Neb. Rev. Stat. §§ 71-401 to 71-459, as amended from time to time).

Health Club. A facility designed for the major purpose of physical fitness or weight reducing which includes, but is not limited to, running, jogging, aerobics, weight lifting or weight resistance machines, court/field sports, and swimming. Uses may also include whirlpools, saunas, showers, locker rooms, and related accessory uses.

Heavy Industry. Manufacturing or other enterprises with significant external effects, or which pose significant risks due to the involvement of explosives, radioactive materials, poisons, pesticides, herbicides, or other hazardous materials in the manufacturing or other process.

Heliport. Any landing area used for the landing and taking off of helicopters, including all necessary passenger and cargo facilities, fueling, and emergency service facilities.

Helistop. Any landing area used for the taking off or landing of private helicopters for the purpose of picking up and discharging of passengers or cargo. This facility is not open to use by any helicopter without.

Highest Adjacent Grade. The highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure.

Historic Property. A district, site, building, structure or object significant in American history, architecture, engineering, archeology or culture at the national, state, or local level.

Historic Structure. Any structure that is:

H.

Listed individually in the National Register of Historic Places (a listing maintained by the Department of Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register;

I.

Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district preliminarily determined by the Secretary to qualify as a registered historic district;

J.

Individually listed on a state inventory of historic places in states with historic preservation programs which have been approved by the Secretary of the Interior; or

K.

Individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified either:

4.

Directly by the Secretary of the Interior in states without approved programs; or

5.

By an approved state program as determined by the Secretary of the Interior.

Home Based Business. An accessory use of a single-family or two-family residential structure which does not meet the definition of a home occupation, but complies with the requirements of these regulations. A home-based business would consist of service oriented uses and typically be more intense than a home occupation, due to factors such as intensity of use or clients coming to the residence.

Home Occupation. An accessory use of a single-family, two-family, or multiple-family dwelling unit which complies with the requirements of these regulations.

Home Improvement Center. An establishment providing for the sale or rental of building supplies, construction equipment, or home decorating fixtures and accessories. This term includes a lumber yard or a contractors' building supply business and may include outdoor storage or tool and equipment sales or rental. This term does not include an establishment devoted exclusively to the retail sale of paint, wallpaper, or hardware or activities classified under vehicle/equipment sales and services, including vehicle towing services.

Hospital. (see the Health Care Facility Licensure Act, Neb. Rev. Stat. §§ 71-401 to 71-459, as amended from time to time).

I Terms

Illegal Discharge. Any direct or indirect non-storm water discharge to the storm drain system, except as exempted in these regulations.

Illicit Connection. Any drain or conveyance, whether on the surface or subsurface, which allows an illegal discharge to enter the storm drain system including, but not limited to, any conveyances which allow any non-storm water discharge including sewage, process waste water and wash water to enter the storm drain system and connections to the storm drain system from indoor drains and sinks, regardless of whether said drain or connection had been previously allowed, permitted or approved by an authorized enforcement agency or any drain or conveyance connected from a commercial or industrial land use to the storm drain system which has not been documented in plans, maps or equivalent records and approved by an authorized enforcement agency.

Illuminated Sign. A sign that is illuminated by a light source. A sign that is illuminated by a light source that is contained inside the sign may be referred to as an "internally illuminated sign." A sign that is illuminated by a light source that is directed towards, and shines on the face of a sign may be referred to as an "externally illuminated sign."

Impervious. Any material which prevents, impedes, or slows infiltration or absorption of storm water directly into the ground at the rate of absorption of vegetation-bearing soils, including but not limited to building, asphalt, concrete, gravel, and other surfaces.

Improved. Any man-made, immovable item which becomes part of, is placed upon, or is affixed to land, or has been altered to better suit a particular purpose.

Improvement. An act of improving or the state of being improved; a change or addition by which a thing is improved.

Indoor Commercial Amusement. The provision of entertainment or games of skill to the general public for a fee and that is wholly enclosed in a building, including but not limited to movie theaters, bowling alleys, billiard parlors, and arcades. This use does not include adult businesses.

Indoor Recreation. Uses that provide active or passive recreation opportunities indoors for the public (open to the community) or residents of a subdivision or development.

Industrial Activity. Activities subject to NPDES industrial permits as defined in 40 CFR, Section 122.26(b)(14).

Intensity. Relative measure of development impact as defined by characteristics such as the number of dwelling units per acre, amount of traffic generated, and amount of site coverage.

K Terms

Kennel. Boarding, care, or training services for dogs, cats and similar small animals, reptiles and birds. An establishment where animals owned by another person are temporarily boarded for either compensation or remuneration of any sort. Typical uses include boarding kennels, pet motels, dog-training centers, animal day-care facilities or licensed catteries This use does not include zoos or animal hospitals operated by veterinarians duly licensed under the law

L Terms

Land Clearing. The act of removal or destruction of vegetation by mechanical or chemical means, but does not include normal cultivation associated with an agricultural operation.

Land Development. Any land change, including, but not limited to, clearing, digging, grubbing, stripping, removal of vegetation, dredging, grading, excavating, transporting and filling of land, construction, paving, and any other installation of impervious cover.

Land Disturbance Activity. Any land development that may result in soil erosion from wind, water and/or ice and the movement of sediments into or upon waters, lands, or right-of-way.

Land Surveyor (see the Land Surveyors Regulations Act, Neb. Rev. Stat. §§ 81-8,108 to 81-8,127, as amended from time to time)

Landfill. A lot or tract, or part thereof, used primarily for the disposal by abandonment, dumping, burial, burning, or other means and for whatever purpose, of garbage, sewage, trash, refuse, junk, discarded machinery, vehicles or parts thereof, or nontoxic or non-biodegradable waste material of any kind.

Landscape Surface Area. The vegetated surface area of a lot or tract (not covered by buildings, storage areas, pavement, or other impervious surface). See Figure L-1, Landscape Surface Area.

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Figure L-1 Landscape Surface Area

 

Landscape Surface Ratio ("LSR"). The ratio of landscaped surface area to a unit of land area.

Landscaped Area. An area of a lot or tract permanently devoted and maintained to the growing of shrubbery, grass, and other plant material.

Landscaping. The design and installation of plant material such as living trees, shrubs, and ground cover, in formal or natural arrangements.

Land Use. The occupation or use of land or water area for any human activity or any other purpose.

Lane. A cul-de-sac of nine or more lots that is not interrupted by a through roadway.

Large Animal. An animal larger than the largest breed of dog. This term includes, but is not limited to, horses, cows, and other animals customarily kept in corrals, stables, pens, or similar enclosures.

Large Animal Boarding Facility. Any structure, land, or combination thereof used, designed, or arranged for the boarding, breeding or care of large animals.

Large Animal Veterinary Services. Any facility maintained by or for the use of a licensed veterinarian in the diagnosis, treatment, or prevention of animal diseases wherein the animals are limited to large animals and wherein the overnight care of said animals is prohibited except when necessary in the medical treatment of the animal.

Large Tree. Often referred to as shade trees, a large tree is a tree that typically reaches heights of 20 feet or more at maturity.

Large Utility Service. Large-scale facilities serving the entire city or region, such as microwave substations, radio/television antennas, 230-kv power transmission lines, natural gas transmission lines, water storage tanks and reservoirs, major water transmission lines or sewer collectors and interceptors over 30 inches in diameter, solid waste disposal or processing, sewage or waste water treatment plants, and generating facilities.

Laundromat. A facility where patrons wash, dry, or dry clean clothing or other fabrics in machines operated by the patron.

Light Industry. Enterprises engaged in the processing, manufacturing, compounding, assembly, packaging, treatment, or fabrication of materials and products, from processed or previously manufactured materials. Light industry is capable of operation in such a manner as to control the external effects of the manufacturing process, such as smoke, noise, soot, dirt, vibration, odor, etc. A machine shop is included in this category. Also included is the manufacturing of apparel, electrical appliances, electronic equipment, camera and photographic equipment, ceramic products, cosmetics and toiletries, business machines, fish tanks and supplies, food, paper products (but not the manufacture of paper from pulpwood), musical instruments, medical appliances, tools or hardware, plastic products (but not the processing of raw materials), pharmaceuticals or optical goods, bicycles, and any other product of a similar nature. Limited Use. A use that is allowed in a zoning district, subject to standards that mitigate its impact on other uses in the district or that prevent a concentration of the use in a particular area.

Loading Space. A paved, off-street space used for loading and unloading from vehicles, except passenger vehicles, in connection with the use of the property on which such space is located.

Local. A street that is designed and constructed to provide access to individual lots or land uses.

Lodging House. A single-family detached dwelling where more than two (2) but fewer than six (6) rooms are provided for lodging for definite periods of time. Meals may or may not be provided, but there is only one (1) kitchen facility. No meals are provided to outside guests

Logo. A design that represents a particular good, identity, or service.

Logo Building. A building that has a design that is obviously and readily associated with the brand image of a particular company.

Logo Building Element. A portion of a building, such as a roof structure, with a color scheme and architectural style or physical form that is obviously and readily associated with the brand image of a particular company. See Figure L-2, Logo Building Element Examples.

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Figure L-2 Logo Building Element Examples

 

Lot. A tract of land, designated by metes and bounds, land survey, minor land division, or plat and recorded in the office of the County Register of Deeds.

Lot Area. The area of a lot or tract within the lot or tract boundaries.

Lot Coverage. The ratio of impervious surface area, to a unit of land area.

Lot Depth. The average horizontal distance between the front lot line and the rear lot line.

Lot Line. The property line(s) bounding a lot or tract.

Lot of Record. A lot that is part of a recorded subdivision that has been recorded at the county recorder's office containing property tax records.

Lot Width. The horizontal distance measured between the side lot lines of a lot or tract, at right angles to its depth along a straight line parallel to the front lot line at the minimum required setback line.

Lowest Floor. The lowest floor of the lowest enclosed area (including basement). An unfinished or flood-resistant enclosure, usable solely for parking of vehicles, building access or storage, in an area other than a basement area, is not considered a building's lowest floor, provided that such enclosure is not built so as to render the structure in violation of the applicable non-elevation design requirements of this ordinance.

Lumberyard. An establishment where lumber and other building materials such as brick, tile, cement, insulation, roofing materials, and the like are sold at retail. The sale of items, such as heating and plumbing supplies, electrical supplies, paint, glass, hardware, and wallpaper is permitted at retail and deemed to be customarily incidental to the sale of lumber and other building materials at retail.

M Terms

Mail Services. A commercial business which conducts the retail sale of stationery products, provides packaging and mail services (both U.S. Postal and private service), and provides mailboxes for lease.

Maintain. To preserve and care for a structure, improvement, condition, or area so that it remains attractive, safe, and presentable and carries out the purpose(s) for which it was installed, constructed, or required.

Major Automotive Repair Services. General repair, rebuilding, or reconditioning of engines, motor vehicles, or trailers, including body work, framework, welding, and major painting service.

Major Change. A change to the plan that increases density or floor area, decreases open space, bufferyards, or parking, or which alters the alignment or layout of streets. For conditional approvals granted prior to the effective date of this UDC, any use being proposed which is not otherwise contained in the original advertisement shall be considered a major change.

Manufactured Home. Either (a) a factory-built structure which is to be used as a place for human habitation, which is not constructed with a permanent hitch or other device allowing it to be moved other than to a permanent site, which does not have permanently attached to its body or frame any wheels or axles, and which bears a label certifying that it was built in compliance with National Manufactured Home Construction and Safety Standards, 24 C.F.R. 3280 et seq., promulgated by the United States Department of Housing and Urban Development, or (b) a modular housing unit as defined in [NRS] Section 71-1557 bearing a seal in accordance with the Nebraska Uniform Standards for Modular Housing Units Act.

Marquee. A permanent canopy often of metal and/or glass projecting over an entrance.

Marquee Sign. a) A sign mounted on a permanent canopy, b) a traditional industry term for the variable message section of a canopy sign, 3) an integral sign and permanent canopy.

Medium Utility Service. Moderate scale facilities serving a subarea of the city, including power lines, water transmission lines, wireless base stations, sewer collectors and pump stations, sub-regional switching stations (115 kv), and similar structures.

Mental Health Center (see the Health Care Facility Licensure Act, Neb. Rev. Stat. §§ 71-401 to 71-459, as amended from time to time).

Menu Board. A changeable sign that allows a retailer to list products and prices.

Message Center. An electronically or manually variable message sign.

Microwave Reflector/Antenna. An antenna including the arrangement of wires or metal rods used in transmission, retransmission and/or reception of radio, television, electromagnetic or microwave signals (includes microwave reflectors/antennae), and an apparatus constructed of solid, open mesh, bar-configured, or perforated materials of any shape/configuration that is used to receive and/or transmit microwave signals from a terrestrial or orbitally located transmitter or transmitter relay, and any tower, mast, pole, tripod, box frame, or other structure utilized for the purpose of supporting one or more antennae or microwave reflectors.

Minor Automotive Repair Services. The replacement of any part or repair of any part that does not require removal of the engine head or pan, engine transmission or differential; incidental body and fender work, minor painting and upholstering service. Above stated is applied to passenger automobiles and trucks not in excess of 7,000 pounds gross weight.

Mixed Use. The development of a lot or tract with two or more different uses such as, but not limited to, residential, office, retail, public, or entertainment, in a compact urban form.

Mixed Use Building. A building or structure that contains two or more occupancy groups.

Mixed Use Development. Development in which a combination of uses are located on the same lot or tract.

Mobile Home. A structure, transportable in one or more sections, which in the traveling mode is 8 body feet or more in width or 40 body feet or more in length or which when erected on-site is 320 or more square feet, and which is built on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities, and includes the plumbing, heating, air-conditioning, and electrical systems contained in the structure, but not bearing an appropriate seal which indicates that it was constructed in accordance with the standards of the Uniform Standard Code for Manufactured Homes and Recreational Vehicles, the Nebraska Uniform Standards for Modular Housing Units Act, or the United States Department of Housing and Urban Development; or not otherwise satisfying the definition of a Manufactured Home.

Mobile Home Park. A lot or tract which has been planned and improved for the placement of mobile homes for residential use, with single control or ownership.

Mobile Home Subdivision. A lot or tract which has been planned and improved for the placement of mobile homes for residential use on individual lots with private ownership of said lots.

Modular Housing Unit (see the Nebraska Uniform Standards for Modular Housing Units Act, Neb. Rev. Stat. §§ 71-1555 to 71-1568.01, as amended from time to time).

Modulation. A dimensional variation in a horizontal or vertical plane, wall, or surface.

Monopole Tower. A self-supporting structure of tubular or open steel lattice construction which is anchored in the ground with suitable foundation.

Monument. A boundary marker, as required by this UDC, intended to fix the physical location of property lines.

Monument Sign. A ground sign with low overall height.

Motor Vehicle. Every vehicle that is self-propelled.

Multifamily. A building containing more than three (3) single-family dwellings separated by a common fire barrier, with each dwelling accessible from a shared entrance or hallway

Municipal Separate Storm Sewer System ("MS4"). Publicly-owned facilities by which storm water is collected and/or conveyed, including but not limited to any roads with drainage systems, municipal streets, gutters, curbs, catch basins, inlets, piped storm drains, pumping facilities, retention and detention basins, natural and human-made or altered drainage ditches/channels, reservoirs, and other drainage structures.

N Terms

National Pollutant Discharge Elimination System ("NPDES") Storm Water Discharge Permit. A permit issued by the Environmental Protection Agency ("EPA") [or by a state under authority delegated pursuant to 33 USC 1342(B)] that authorizes the discharge of pollutants to waters of the United States, whether the permit is applicable on an individual, group or general area-wide basis.

Neon Sign. A sign manufactured utilizing neon tubing which is visible to the viewer.

Net Density. A calculation of density acquired by dividing the number of dwelling units by the net buildable area, which excludes the area of open space.

Net Floor Area. The gross floor area less the floor area not directly devoted to principal or accessory uses such as mechanical rooms, stairwells and elevators, .

New Construction. For floodplain management purposes, "new construction" means structures for which the "start of construction" commenced on or after the effective date of the floodplain management regulation adopted by a community and includes any subsequent improvements to such structures.

New Mobile Home Park or Subdivision. A mobile home park or subdivision for which the construction of facilities for servicing the lots on which the mobile homes are to be affixed (including at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed on or after the effective date of floodplain management regulations adopted by a community.

Noncommercial Message. Any sign wording, logo, or other representation that is not defined as a commercial message.

Nonconforming. A lot, tract, use, building, structure, or otherwise, which was lawful prior to the adoption, revision, or amendment of these regulations but that fails by reason of such adoption, revision, or amendment to conform to the present requirements of the these regulations.

Nonstandard Use. Nonstandard use shall mean the category of nonconformance consisting of premises occupied by buildings, structures or uses which existed immediately prior to the effective date of this UDC or becomes nonconforming through a change in this UDC or district boundaries, which fails to comply with the minimum requirements for the area, density, width, front yard, side yard, rear yard, height, unobstructed open space, or parking for the district in which it is located, even though the use of the premises conforms to the permitted uses within the district as set out in this UDC.

Non-Storm Water Discharge. Any discharge to the storm drain system that is not composed entire of storm water.

Nursery (Retail and Wholesale). An enterprise that conducts the retail and/or wholesale sale of plants grown on the premises. The terms also include, as an accessory use, the sale of a limited selection of items (e.g., soil, planters, pruners, mulch, lawn or patio furniture, garden accessories, etc., but not including power equipment) that are directly related to the care and maintenance of landscapes.

Nursing Home (see the Health Care Facility Licensure Act, Neb. Rev. Stat. §§ 71-401 to 71-459, as amended from time to time).

O Terms

Occupancy. The use of land, buildings, or structures.

Off-Grid System. A stand-alone generating system not connected to or in any way dependent on the utility grid.

Office. A room or group of rooms used for conduction the affairs of a business, profession, service industry, or government.

Off-Premise Sign. Any sign that is not appurtenant to the use of the property, a product sold, or the sale or lease of the property on which it is displayed, and that does not identify the place of business as purveyor of the merchandise, services, etc., advertised upon the sign.

On-Premise Sign. A communication device whose message and design relates to a business, an event, goods, profession, or service being conducted, sold, or offered at the same location as where the sign is located.

One-Family Dwelling. Any building that contains one dwelling unit used, intended, or designed to be built, used, rented, leased, let or hired out to be occupied, or that are occupied for living purposes.

Open Space. Land that is left undeveloped as part of a natural preservation, recreation, bufferyard, or other open space provision of this UDC. Open space includes common areas like public or private parks, greenbelts, greenways and riparian areas along rivers, creeks, streams, and natural drainageways or around lakes or ponds, and improved storm drainage facilities that are designed as an amenity and accessible and open to the public. Private open space is designed and intended for common use and the enjoyment of the residents of a subdivision or other residential development. Public open space is designed and intended for common use and the enjoyment of the general public.

Open Space Ratio ("OSR"). The proportion of a development required to be set aside and preserved as open space.

Operator. The individual who has day-to-day supervision and control of activities occurring at the construction site. This can be the owner, the developer, the general contractor or the agent of one of these parties. It is anticipated that at different phases of a construction project, different types of parties will satisfy the definition of 'operator' and the pertinent portions of any applicable permit authorization from the state of Nebraska will be transferred as the roles change.

Outdoor Advertising Sign. A permanent sign erected, maintained or used in the outdoor environment for the purpose of the display of commercial or noncommercial messages not appurtenant to the use of, products sold on, or the sale or lease of, the property on which it is displayed.

Outdoor Commercial Amusement. The provision of entertainment or games of skill to the general public, with or without a fee, where any portion of the activity takes place outside of a building, including but not limited to amusement parks, theme parks, fairgrounds, miniature golf courses, driving ranges, waters slides, and batting cages. This use does not include adult businesses.

Outdoor Recreation. Uses that provide active or passive recreation opportunities outdoors for the public (open to the community) or residents of a subdivision or development.

Outdoor Storage. The storage of any material for a period greater than 24 consecutive hours, including, but not limited to, items for sale, lease, processing, and repair (including vehicles) not in an enclosed building. This term does not include personal automobiles and light trucks that are parked in a residential driveway or parking lot.

Outlot. Shall mean a parcel of real property to be included in a final plat having access to at least one public street or private roadway reserved for future building or occupancy after replatting and subdivision, or reserved for agricultural uses, open space or common facilities. (Ord. No. 5471, 11-13-18)

Overlay District. An area where certain additional requirements are superimposed upon a base zoning and where the requirements of the base or underlying zoning district may not be altered.

Owner. Any person, agent, firm, corporation, or partnership that alone, jointly, or severally with others: (1) has legal or equitable title to any premises, dwelling, or dwelling unit, with or without accompanying actual possession thereof; or (2) has charge, care, or control of any premises, dwelling or dwelling unit, as agent of the owner or as executor, administrator, trustee, or guardian of the estate of the beneficial owner. The person shown on the records of the recorder of deeds of the county to be the owner of a particular property shall be presumed to be the person in control of that property.

P Terms

Parapet Wall. A portion of a building wall that extends above the level of the roof. See Figure P-1, Parapet Wall.

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Figure P-1 Parapet Wall

 

Park. An area open to the general public and reserved for recreational, educational, or scenic purposes.

Parking Facility. An area on a lot or within a building, including one or more parking spaces, along with provision for access circulation, maneuvering, and landscaping, meeting the requirements of this UDC. Parking facilities include parking lots, both public and private, and parking structures, both principal and accessory.

Parking Lot. An off-street parking facility, at grade, for the temporary storage of motor vehicles.

Parking Space. An area for the purpose of parking one motor vehicle, exclusive of parking facility access, drive aisles, or ramps, and meeting the dimensional requirements for a standard parking space set out in this UDC.

Passive Recreation. Recreation that involves existing natural resources and has a minimal impact.

Patio. A level surfaced area directly adjacent to a principal building which has an average elevation of not more than 30 inches, and without walls or a roof. See Figure P-2, Patio.

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Figure P-2 Patio

 

Paved. Permanently surfaced with an all-weather surface.

Permanent Sign. A sign attached to a building, structure, or the ground in a manner that enables the sign to resist environmental loads, such as wind, and precludes ready removal or movement of the sign.

Permit. One or more documents issued by the City allowing a person to begin an activity provided for in this UDC or other codes, ordinances, and regulatory provisions administered by the City.

Permitted Use. A use which is or may be lawfully established in a particular zoning district, provided it conforms with all the requirements applicable to that district(s).

Person. Any individual, association, organization, partnership, firm, corporation or other entity recognized by law and acting as either the owner or as the owner's agent.

Personal camp site. An area used by private property owners and their guests for transient occupancy or lodging in a camping unit.

Pervious. A surface that allows storm water to infiltrate or percolate into the ground.

Petition. A written request for City action or appellate review pursuant to this UDC.

Place. A short curvilinear or diagonal roadway less than 1,000 feet in length.

Planning Commission ("Commission"). The City of Fremont Planning Commission.

Planning Department. The City of Fremont Planning Department.

Planned Development. A land development project comprehensively planned and developed in a single development operation or a definitively programmed series of development operations or phases, which permits flexibility in building siting, mixtures of building types and land uses, usable open spaces, and the preservation of significant natural features.

Plat. A document, prepared by a registered land surveyor or engineer, which delineates property lines, and shows the location of monuments and other landmarks for the purpose of identifying property.

Playground. A land use designed principally to offer recreation, passive or active, to the public.

Pole Sign. A freestanding sign with visible support structures.

Pollutant. Anything which causes or contributes to pollution. Pollutants may include, but are not limited to: paints, varnishes, and solvents; oil and other automotive fluids; non-hazardous liquid and solid wastes and yard wastes; refuse, rubbish, garbage, litter, or other discarded or abandoned objects, ordinances, and accumulations, so that same may cause or contribute to pollution; floatables; pesticides, herbicides, and fertilizers; hazardous substances and wastes; sewage, fecal coliform and pathogens; dissolved and particular metals; animal wastes; wastes and residues that result from constructing a building or structure; wastes and residues that result from mobile washing operations; and noxious or offensive matter of any kind.

Pollution. The presence in Waters of the State of any substances, contaminants, pollutants, or manmade or man-induced impairment of waters or alteration of the chemical, physical, biological, or radiological integrity of water in quantities or at levels which are or may be potentially harmful or injurious to human health or welfare, animal or plant life, or property or which unreasonably interfere with the enjoyment of life or property, including outdoor recreation unless authorized by applicable law.

Porch. A roofed structure projecting from an exterior wall of a building and having no enclosed features more than 30 inches above its floor.

Portable Sign. A sign not permanently attached to the ground or building and readily removable either by hand, or by using ordinary hand tools.

Portable Storage Container. A portable, weather-resistant receptacle designed and used for the storage or shipment of household goods, wares, building materials or merchandise. This term shall not include roll-off containers or storage containers having storage capacity of less than 150 cubic feet.

Post-Construction. The general time period referenced in perpetuity from the approval of final acceptance of the construction phase of any construction activity.

Post-FIRM Structure. A building that was constructed or substantially improved after December 31, 1974 or on or after the community's initial Flood Insurance Rate Map dated {FIRM effective date}, whichever is later.

Pre-FIRM Structure. A building that was constructed or substantially improved on or before December 31, 1974 or before the community's initial Flood Insurance Rate Map dated {FIRM effective date}, whichever is later.

Preliminary Plat. A map of a proposed land subdivision, showing the character and proposed layout of each lot or tract, in sufficient detail to indicate the suitability of the proposed subdivision of land.

Premises. A lot or tract or other division of land, contiguous and under common ownership or control, together with the buildings and structure thereon.

Primary Access. The point at which a lot or tract takes access to a public street system, ordinarily by a drive that connects to the street. Where there are several possible access points, the one located or configured to have the most traffic shall be considered the primary access.

Principal Building. A building in which is conducted the primary or predominant use of the lot or tract on which it is located.

Principal Structure. A structure in which is conducted the primary or predominant use of the lot or tract on which it is located.

Principal Use. The primary or predominant use of land, structure, or building.

Principally Above Ground. At least 51 percent of the actual cash value of the structure is above ground.

Private Club. Buildings and facilities owned or operated by a corporation, association, person, or persons for a social, educational, or recreational purpose, but not primarily for profit which inures to any individual and not primarily to render a service which is customarily done as a business.

Private Restrictions. Restrictive codes, covenants, conditions, deed restrictions, servitudes, easements, and other like arrangements between property owners, whether recorded in the public records or not.

Private Street. Any street right-of-way that is not dedicated to public use.

Projecting Sign. A building mounted sign with the faces of the sign perpendicular to the building fascia.

Property Line. A boundary line of a lot or tract.

Property Owner (see Owner).

Property Owners' Association ("POA"). A private, nonprofit association of homeowners of properties in a fixed area, established for the purpose of owning, operating, and maintaining various common elements and facilities.

Public Assembly. A place where people assemble for civic, community, or cultural purposes. The term includes the following:

L.

Civic centers; community centers;

M.

Cultural or arts centers; museums; and aquariums; and

N.

Places of worship.

Public Improvement. Any improvement, facility, or service together with its associate public site or right-of-way necessary to provide transportation, drainage, public or private utilities, energy, or similar essential services.

Public Street. Any street right-of-way dedicated to public use or maintained by a Federal, State, or local unit of government.

Pylon Sign. A freestanding sign with visible support structure or with the support structure enclosed with a pole cover.

R Terms

Railroad Use. The occupation and use of land, buildings, and structures for purposes directly connected with rail transportation of articles, goods, and passengers, including such facilities as tracks, sidings, signal devices and structures, shops and yards for maintenance and storage of rail machinery, loading platforms, and passenger and freight terminals, but excluding freight terminals and yards, and similar facilities, which are maintained and operated by the owning railroad or by a lessee for the purposes auxiliary to rail transportation, or by a lessee for the purposes auxiliary to rail transportation; provided, however, that the operation of such facilities as a hobby or as part of an amusement business shall not be considered a railroad use.

Rear Lot Line. A lot line(s) not abutting a street which is opposite and most distant from the front lot line(s).

Rear Yard. Open, landscaped area at grade between the rear yard setback line(s) and the rear lot line(s) extending the full depth of the lot. The rear side yard shall be reserved as a landscaped area, however it may be crossed by a sidewalk or driveway serving the property. On-site parking may be allowed in the rear yard, except in required bufferyards in a Commercial (nonresidential/mixed use application) or Industrial zoning district when an otherwise UDC-conforming on-site parking layout is part of an approved Development/Site Plan or construction permit.

Rear Yard Setback Line. A line from one side lot line to another side lot line, parallel to the rear lot line(s), and as far forward from the rear lot line(s) as required herein for the rear yard.

Receiving Waters. Any Waters of the State, including any and all surface waters that are contained in or flow in or through the state of Nebraska; all watercourses, even if they are usually dry, irrigation ditches that receive municipal storm water, and storm sewer systems owned by other entities.

Recreational Vehicle. A vehicle built on a single chassis containing 400 square feet or less, or fifth wheels containing 430 square feet or less, when measured at the largest horizontal projections, and designed to be self-propelled or towed by another vehicle. A recreational vehicle is not designed or intended for use as a permanent dwelling, but as temporary living quarters for recreational camping, travel or seasonal use.

Recycling Facility. A facility or land use, regardless of name or title, at which recoverable resources, such as newspapers, magazines, glass, metal, plastic materials, tires, grass and leaves, and similar items, except hazardous waste and medical waste are collected, cleaned, sorted, stored, flattened, shredded, dismantled, crushed, bundled, or separated by size, grade, quality, or type, and compacted, baled, or packaged for shipment or delivery for the eventual manufacture of new products.

Redevelopment. The destruction of a principal building to an extent that is equal to or greater than 50 percent of its assessed value, followed by reconstruction or repurposing of the land, structure, or building for a type of use for which the original land, structure, or building was not designed.

Regulatory Flood Elevation. The base flood elevation (BFE) plus a freeboard factor as specified in this ordinance.

Resource. Natural elements relating to land, water, air, plant and animal life, including but not limited to soils, geology, topography, surface and subsurface waters, wetlands, vegetation, and animal habitats.

Restaurant. An establishment in which the principal use is the preparation and sale of food and/or beverages.

Resubdivision. The subdivision of existing lots or tracts created by a previous subdivision. This term shall also include the consolidation of two or more lots or tracts, or other divisions of land into one or more lots or tracts, or other divisions of land.

Retail Sales Establishment. Establishments selling commodities directly to the consumer.

Retail Service Establishment. Establishments providing services or entertainment, as opposed to products, to the general public for personal or household use.

Rezoning (see Zoning Change).

Right-of-Way. An area of land, either public or private, on which an irrevocable right of passage has been dedicated, recorded, or otherwise legally established for the use of vehicles or pedestrians or both.

Right-of-Way Manual. The most current version of the technical standards promulgated by the director of public works, however titled, for the development of infrastructure such as streets, sidewalks, storm water management, water quality, and wetland management.

Roof Line. The top of a roof or building parapet, excluding any cupolas, pylons, chimneys, or other minor projections.

Roof Sign. A building mounted sign erected on the roof of a building.

Rowhome. A building containing more than five (5) dwelling units, each with its own dedicated exterior entrance, joined to one another at one (1) or more sides by a party wall or walls.

Runoff. Rainfall, snowmelt, or irrigation water that has not evaporated or infiltrated into the soil, but instead flows over the ground surface.

Runway. An area of prescribed dimension available for aircraft takeoffs and landings.

S Terms

Salvage Yard. Any site, or portion of a site, that is used for storing, keeping, selling, dismantling, shredding, compressing, or salvaging scrap or discarded materials or equipment.

Satellite Dish. A type of antenna for receiving communications via satellite relay.

Sediment. Any material that is in suspension, is being transported, or has been moved from its site of origin by wind, water, or gravity as a result of erosion.

Sediment Control. Measures that prevent eroded sediment from leaving the site.

Self-Service Storage Facility. A building or group of buildings that are used for the storage of personal property or records, where individual owners or tenants control individual storage spaces.

Screening. A method of visually shielding or obscuring an abutting or nearby use or structure from another by fencing, walls, berms, or densely planted vegetation as may be permitted by the landscape provisions of these regulations.

Service Station. Any building, structure or land used primarily for the dispersal, sale, or offering for sale of automotive fuels, oils or accessories, including lubrication of automobiles and replacement or installation of minor parts and accessories, but not including major repair work, such as motor replacement or rebuilding, body and fender repair, or painting. This term shall not include carwashes defined herein.

Setback. The minimum distance by which any building, structure, or use must be separated from a street right-of-way or lot line. See Figure S-1, Setback.

Expand

Figure S-1 Setback

 

Sewer. A system of mains, pipes, and laterals, that either 1) receive and carry sewage to a waste water treatment plant where it is filtered, treated, and discharged, or 2) receive and carry storm water runoff and other drainage into local streams, rivers, or other surface water bodies.

Shopping Center. A group of retail, service, or restaurant establishments that are planned, developed, owned, or managed as a unit, with off-street parking, landscape areas, and pedestrian malls or plazas that serves all of the uses located on the lot or tract proposed for development.

Side Lot Line. Any lot line not otherwise construed as being a front lot line or a rear lot line; a side lot line(s) separating a lot from a street may also be referred to as a street [side] lot line(s); and, a side lot line(s) separating a lot from another lot may also be referred to as an interior [side] lot line.

Side Yard. Open, landscaped area at grade between the side yard setback line(s) and the side lot line(s), and extending the full depth of the lot. The side yard shall be reserved as a landscaped area, however it may be crossed by a sidewalk or driveway serving the property, however it may be crossed by a sidewalk or driveway serving the property, including a driveway along the length of the side yard. On-site parking may be allowed in the side yard, except in required bufferyards in a Commercial (nonresidential/mixed use application) or Industrial zoning district when an otherwise UDC-conforming on-site parking layout is part of an approved Development/Site Plan or construction permit.

Side Yard Setback Line. A line from the front lot line to the rear lot line, parallel to the side lot line(s), and as far from the side lot line(s) as required herein for the side yard.

Sidewalk. An improved pedestrian way extending along, parallel to, and within an easement or the right-of-way of a public or private street.

Sidewalk Sign. A moveable sign not secured or attached to the ground or surface upon which it is located, but supported by its own frame and most often forming a cross-sectional shape of an "A."

Sight Distance Triangle. The triangular area formed by a diagonal line connecting two points located on intersecting street right-of-way lines, or a right-of-way line and the curb or edge of a driveway.

Sign. Any visual display with words or symbols designed to convey information or attract attention.

Sign Face. The area of a sign on which copy is intended to be placed.

Sign Structure. Any structure supporting a sign.

Significant Stand. A stand of trees with interconnected canopies that cover an area of at least 10,000 square feet.

Single-Family Attached Dwelling. Two or more dwelling units, each of which is owned in fee and located on individual lots but joined along a common lot line, each of which is also totally separated from the other by a fire-resistance-rated wall assembly extending from ground to roof.

Single-Family Detached Dwelling. A dwelling unit owned in fee and located on an individual lot which is not attached to any other dwelling unit by any means.

Site. A lot or tract or series of adjoining lots or tracts on which a use is or will locate and that is otherwise subject to the provisions of this code.

Site Plan. A plan, drawn to scale, showing the location of uses and structures proposed for a lot or tract of land as required by these regulations.

Sleeping Unit (see Chapter 2 Definitions, International Building Code, as amended from time to time).

Small Animal. An animal no larger than the largest breed of dog. This term includes fish, birds, reptiles, and mammals customarily kept in tanks, cages, kennels, or similar enclosures.

Small Animal Boarding Facility. Any structure, land, or combination thereof used, designed, or arranged for the boarding, breeding or care of small animals.

Small Animal Veterinary Services. Any facility maintained by or for the use of a licensed veterinarian in the diagnosis, treatment, or prevention of animal diseases wherein the animals are limited to small animals and wherein the overnight care of said animals is prohibited except when necessary in the medical treatment of the animal.

Small Tree. Often referred to as ornamental trees, a small tree is a tree that typically reaches heights less than 20 feet at maturity.

Small Utility Services. Small-scale facilities serving a local area, including power lines, water and sewer lines, storm drainage facilities, transformers, pump stations and hydrants, switching boxes, and other structures normally found in a street right-of-way to serve adjacent properties.

Solar Access. A southern view of the sun from any point on the collector surface that is not obscured by any vegetation, building or object located on lots or tracts of land other than the lot or tract upon which the solar collector or module is located, between sunrise and sunset on any day of the year.

Solar Array. Any number of solar collectors or photovoltaic modules.

Solar Collector. A device, structure or a part of a device or structure for which the primary purpose is to transform solar radiant energy into thermal or electrical energy.

Solar Energy Conversion System ("SECS"). A device or structural design feature, a substantial purpose of which is to provide daylight for interior lighting or to provide for the collection, storage and distribution of solar energy for heating, cooling, or generation of electrical power.

Solar Hot Water System. A system that includes a solar collector and a heat exchanger that heats or preheats water for building heating systems or other hot water needs, such as residential domestic hot water or hot water for commercial processes.

Solid Waste Facility. All contiguous land, including structures, appurtenances, and other improvements on the land, used for processing, storing, or disposing of solid waste. The phrase "solid waste facility" includes a publicly or privately owned facility consisting of one or several processing, storage, or disposal operational units such as landfills, surface impoundments, or a combination of units.

Solid Waste Transfer Station. A solid waste facility or site at which temporary storage and transference of solid waste from one vehicle or container to another, generally of larger capacity, occurs prior to transportation to a point of processing or disposal. A transfer station is an intermediary point between the location(s) of waste generation (e.g., households, businesses, industries and the site(s) of ultimate processing or disposal.

Special Flood Hazard Area (SFHA). The land in the floodplain within a community subject to one percent or greater chance of flooding in any given year.

Spill. A release of solid or liquid material, which may cause pollution of the MS4 or Waters of the State.

Stabilization. The use of practices that prevent exposed soil from eroding.

Stacking Lane. An area for temporary queuing of motor vehicles.

Stand. A contiguous grouping of trees with interconnected canopies.

State. The State of Nebraska.

Storage Yard. Any site, or portion thereof, that is used for the storage of any products, materials. vehicles, equipment, junk, or scrap outside the confines of an enclosed building.

Storefront. The facade of a building, regardless of the use type of the space, having an entrance from the exterior of the building through the facade. Only facades that face upon a road or parking area between the building and the road shall be considered storefronts.

Storm Water. The flow of water which results from precipitation and which occurs immediately following rainfall or snowmelt.

Storm Water Management. The mitigation of the hydrological impacts of lost natural runoff storage by the use of constructed storage facilities.

O.

For water quantity control, a system of vegetative, structural, and other measures that may control the volume and rate of storm water runoff which may be caused by land disturbing activities or activities upon the land; and

P.

For water quality control, a system of vegetative, structural, and other measures that control adverse effects on water quality that may be caused by land disturbing activities or activities upon the land.

Storm Water Pollution Prevention Plan ("SWPPP"). A document which describes the BMP's and activities to be implemented by a person during the construction activities, which identifies sources of pollution or contamination at a site and the actions to eliminate or reduce pollutant discharges to storm water, storm water conveyance systems, and/or receiving waters.

Story (see Chapter 2 Definitions, International Building Code, as amended from time to time).

Street. A public thoroughfare intended for use as a means of vehicular and/or pedestrian circulation providing access to adjoining properties. As it relates to local street specifications, a street is characterized as a roadway aligned in either a north-south direction, or an east-west direction, conforming to the appropriate address gridline.

Street Frontage. The linear measurement of a lot or tract along a street line, private road, or right-of-way to which the lot or tract abuts.

Street [Side] Lot Line. A side lot line(s) separating a lot from a street.

Street Side Yard. Open, landscaped area at grade between the street [side] yard setback line(s) and the street [side] lot line(s) extending the full depth of the lot. The street side yard shall be reserved as a landscaped area. On-site parking may be allowed in the street side yard, except in required bufferyards in a Commercial (nonresidential/mixed use application) or Industrial zoning district when an otherwise UDC-conforming on-site parking layout is part of an approved Development/Site Plan or construction permit.

Street [Side] Yard Setback Line. A line(s) from the front lot line to the rear lot line, parallel to the street [side] lot line(s), and as far from the street [side] lot line(s) as required herein for the side yard.

Street Right-of-Way. The area of right-of-way that includes an existing or future public street, which may be represented on a plat, deed, or other conveyance, or acquired by prescription. The street right-of-way may also include areas for sidewalks, utilities, parkways, medians, and drainage.

Structure (see Chapter 2 Definitions, International Building Code, as amended from time to time).

Subdivider. Any person, firm, partnership, corporation or other entity, acting as a unit, subdividing or proposing to subdivide land.

Subdivision. The division or redivision of a lot or tract, or other division of land, by any means, including by means of a plan or a description by metes and bounds, into two or more lots or tracts, or other divisions of land, for the purpose, whether immediate or future, of lease, of the transfer of ownership, or of building development.

Subdivision Development. Includes activities associated with the platting of any tract of land into two or more lots and all construction activities taking place thereon.

Substance Abuse Treatment Center (see the Health Care Facility Licensure Act, Neb. Rev. Stat. §§ 71-401 to 71-459, as amended from time to time).

Substantial Damage (see Subpart A, 44 CFR 59.1 Definitions, as amended from time to time).

Substantial Improvement. Any combination of repairs, reconstruction, rehabilitation, addition, or other improvement of a structure taking place within 1 year preceding the date of the floodplain development permit and shall include any costs resulting from substantial damage, the cost of which equals or exceeds 50 percent of the market value of the structure before the work is started. This term includes structures that have incurred 'substantial damage,' regardless of the actual repair work performed. This term does not, however, include:

Q.

Any work for which a permit is not otherwise required;

R.

Any project for improvement of a structure to comply with existing state or local health, sanitary or safety code specifications which are solely necessary to assure safe living conditions; or

S.

Any preservation, rehabilitation, restoration, or reconstruction of a structure listed on the National Register of Historic Places or a State Inventory of Historic Places, as set forth in the Secretary of the Interior's Standards for the Treatment of Historic Properties. (Ord. No. 5443, 4-24-18)

Surface Water. Water on the earth's surface exposed to the atmosphere such as rivers, lakes, and creeks.

Surveyor (see Land Surveyor).

T Terms

Tavern. An establishment used primarily for the serving of alcoholic beverages by the drink to members and their guests and where food or packaged alcoholic beverages may be served or sold only as accessory to the principal use.

Telecommunications. Any origination, creation, transmission, emission, storage-retrieval, or reception of signs, signals, writing, images, sounds, or intelligence of any nature, by wire, radio, television, optical, or other means.

Telecommunications Tower. A structure that acts as an antennae or to which telecommunications equipment is attached.

Temporary Sign. A sign of a transitory or temporary nature. Signs not permanently embedded in the ground, or not permanently affixed to a building or sign structure that is permanently embedded in the ground, are considered temporary signs.

Temporary Use. A use that is established for a short period of time with the intent to discontinue such use automatically upon the expiration of such time.

Text Amendment. A change to the text of the UDC, adopted by Ordinance of the City Council, including amendments that supplement, modify, or repeal any of this UDC's present or future provisions.

Through Lot. A lot or tract having frontage on two streets, private ways, or courts, not including a corner lot.

Townhouse (see Chapter 2 Definitions, International Residential Code, as amended from time to time).

Tract. All contiguous land under common ownership.

Transient (see Chapter 2 Definitions, International Building Code, as amended from time to time).

Transient Lodging Services. Residential occupancies containing sleeping units where the occupants are primarily transient in nature.

Transit Station. Any structure or transit facility that is primarily used, as part of a transit system, for the purpose of loading, unloading, or transferring passengers or accommodating the movement of passengers from one mode of transportation to another.

Transit Stop. All real and personal property necessary or useful in rendering transit service by means of rail, bus, water, and any other mode of travel including, without limitation, tracks, rights-of-way, bridges, tunnels, subways, rolling stock for rail, motor vehicles, stations, terminals, areas for parking, and all equipment, fixtures, buildings and structures, and services incidental to or required in connection with the performance of transit service.

Transit Terminal. A facility or location where the principal use is the handling, receiving, and transfer of passenger traffic, and may include as an accessory use the loading, unloading, storing, receiving, assembling, dispatching, weighing, consolidating, classifying, switching, distribution, movement, or transfer of freight, as well as all equipment and facilities used to accomplish the foregoing activities.

Two-Family Dwelling. Any building that contains two dwelling units, intended, or designed to be built, used, rented, leased, let or hired out to be occupied, or that are occupied for living purposes.

U Terms

Under-Canopy Sign. Double face signs designed to be mounted underneath a canopy.

University. An institution for post-secondary undergraduate and graduate educations, public or private, offering courses in general, technical, or religious education and not operated for profit. It operates in buildings owned or leased by the institution for administrative and faculty offices, classrooms, laboratories, chapels, auditoriums, lecture halls, libraries, student and faculty centers, athletic facilities, dormitories, fraternities, and sororities, but not including colleges or trade schools operated for profit.

Utility. A commodity or service which is of public consequence and need such as water, waste water, gas, electricity, or drainage.

Utility Agency/Contractor. Private utility companies, public utility departments, or other utility providers contractors working for such private utility companies, or public entity utility departments, or other utility providers engaged in the construction or maintenance of utility lines and services, including water, sanitary sewer, storm sewer, electric, gas, telephone, television and communication services.

V Terms

Variable Message Sign. A sign that includes provisions for message changes.

Variance. Allowance for deviation from the dimensional (i.e. bulk, area, height) requirements/regulations of the UDC.

Vending Kiosk. Any equipment, apparatus, trailer, vehicle, cart, or other conveyance, other than a vending machine, located outdoors, from which a vendor displays, sells, offers for sale, gives away, or offers to give away anything of value including any food, beverage, goods, wares, merchandise, or services.

Vocational School. A specialized instructional establishment that provides on-site training of business, commercial, and/or trade skills such as accounting, data processing, and computer repair. This classification excludes establishments providing training in an activity that is not otherwise permitted in the zone. Incidental instructional services in conjunction with another primary use shall not be considered a business and trade school.

W Terms

Wall Sign. A sign that is in any manner affixed to any exterior wall of a building or structure including signs affixed to architectural projections from a building provided the copy area of such signs remains on a parallel plane to the face of the building facade or to the face or faces of the architectural projection to which it is affixed.

Warehouse. A use engaged in storage, wholesale, and distribution of manufactured products, supplies, and equipment, excluding bulk storage of materials that are inflammable or explosive or that present hazards or conditions commonly recognized as offensive.

Waste Water. Any water or other liquid, other than uncontaminated storm water discharged from a facility.

Water Body. Any watercourse, lake, or pond that is defined by a bank or shore, in which water can be found on a year-round basis.

Water Quality. Those characteristics of storm water runoff, that relate to the chemical, physical, biological, or radiological integrity of water.

Watercourse. A natural or artificial channel through which water can flow.

Waters of the State. Any and all surface and subsurface waters that are contained in or flow in or through the state of Nebraska. The definition includes all watercourses, even if they are usually dry.

Wind Energy Conversion System ("WECS"). Any device, such as a wind charger or wind turbine, which converts wind to a form of usable electric energy. For the purposes of these regulations, there are five types of WECS:

T.

Single Use Residential Production WECS. One or more WECS, on an individual lot or tract, used to produce energy primarily for residential consumption on the property where the WECS is located;

U.

Shared Residential Production WECS. WECS used for residential consumption that is shared by more than one property owner and placed within an easement area on private property, or a common area (jointly owned property) within a larger development;

V.

Single Use Nonresidential Production WECS. One or more WECS, on an individual lot or tract, used to produce energy primarily for nonresidential consumption on the property where the WECS is located;

W.

Shared Nonresidential Production WECS. WECS used for nonresidential consumption that is shared by more than one property owner and placed within an easement area on private property, or a common area (jointly owned) property within a larger development; and

X.

Energy Production (Wind Farm) WECS. One or more WECS located together and used for production of electric power to be interconnected into the local utility electrical grid and primarily for consumption by on-grid utility customers located off the property. Energy production WECS may only be approved by Conditional Use Permit on individual lots or tracts, zoned AG Agricultural, greater than three acres.

Wind Generator. Blades and associated mechanical and electrical conversion components mounted on top of a tower, building, or other appurtenance.

Window Sign. A sign affixed to the surface of a window with its message intended to be visible to and readable from the public way or from adjacent property.

Wellhead Protection Area ("WPA"). The surface and subsurface area surrounding a water well or well field supplying a public water system through which contaminants are reasonable likely to move toward and reach such water well or well field.

Wholesale Establishment. An establishment that is primarily engaged in selling and / or distributing merchandise to retailers; to industrial, commercial, institutional, or professional business users; or to other wholesalers. The term "wholesale" does not include wholesale membership clubs that offer memberships to the general public.

Woodland. A naturally occurring forest or stand of trees on a lot or tract or portion thereof that is not developed; or a stand of trees that was planted for the purposes of forestation or reforestation.

Wrecking Yard. Any site, or portion of a site, where damaged, inoperable, or obsolete machinery such as cars, trucks and trailers, or parts thereof, are stored, bought, sold, accumulated, exchanged, disassembled, or handled.

Y Terms

Yard. Open space at grade between a building or structure and the adjoining lot line(s), unoccupied and unobstructed by any portion of a structure from the ground upward, except as otherwise provided for herein. In determining a yard width or depth, the minimum horizontal distance between the building or structure and the lot line shall be used.

Z TermsZoning Administrator (see Director of Planning).

Zoning Amendment. A change in the provisions of this UDC including those portions incorporated by reference. This term includes Conditional Use approval.

Zoning Change. The legislative act of reclassifying one or more lots or tracts.

Zoning District. An area or areas of the territory of the City within which certain uniform zoning regulations and requirements, or various combinations thereof, apply as set forth in this UDC.

Zoning Map. The Official Zoning Map of the City of Fremont, Nebraska, which is incorporated into this UDC by operation of Section 11-406, Official Zoning Map, and which shows the location and boundaries of the various zoning districts established by this UDC.

(Ord. No. 5484, § 1, 2-12-19; Ord. No. 5490, § 1, 2-26-19; Ord. No. 5523, § 1, 2-25-20; Ord. No. 5531, § 1, 4-28-20; Ord. No. 5562, § 1, 3-30-21)

APPENDICES