For the purpose of this chapter, the municipality is hereby divided into ten districts, designated as follows:

(AG) Agricultural District (A-1) Green Belt District (LLR) Large Lot Residential District (R-1) Residential District (R-2) Multifamily District (NRC) Neighborhood Residential Commercial District (C-1) Central Business District (C-2) Highway Business District (1-1) Industrial District (1-2) Industrial Park District

('84 Code, § 11-301) (Ord. 448, passed 8-2-82; Am. Ord. 707, passed 12-21-98)

The boundaries of the districts are hereby established as shown on the maps entitled "Official Zoning Map of the City of Geneva, Nebraska." The maps and all explanatory matter thereon accompany and are hereby made a part of this chapter as if fully written herein. A copy of this map is on file in the Clerk's office.
(Neb. RS 19-904) ('84 Code, § 11-302)

Where uncertainty exists with respect to the boundaries of any of the aforesaid districts as shown on the zoning map, the following rules shall apply: (A) Where district boundaries are indicated as approximately following the center lines of streets, highways, streams or rivers, street or railroad right-of-way lines or the lines extended, such lines shall be construed to be such boundaries. (B) Where district boundaries are indicated as approximately following the center lines of streets, highways, streams or rivers, street or railroad right-of-way lines or the lines extended, such lines shall be construed to be such boundaries. (C) Where district boundaries are so indicated that they approximately follow lot lines, such lot lines shall be construed to be the boundaries. (D) Where district boundaries are so indicated that they are approximately parallel to the center lines of streets, highways, railroads, or reservoirs, such district boundaries shall be construed as being parallel thereto and at such distance therefrom as indicated on the zoning maps. If no distance is given, such dimension shall be determined by use of the scale shown on the zoning maps. (E) Where a district boundary line divides a Jot in single ownership, the district boundary lines shall be determined by the use of the scale or dimensions shown on the zoning map. (F) Where physical or cultural features existing on the ground are in variance with those shown on the zoning maps, or in other circumstances not covered previously in this section, the Board of Adjustment shall interpret the district boundaries. ('84 Code, § 11-303) Penalty, see § 10.99 (Ord. 1137, passed 12-21-2020)

(A) Characteristics. The purpose of this zone is to fix the location of predominantly agricultural sections of the planning area, annotate those land uses which are agricultural or basically related to agriculture, and to further record those land uses deemed compatible with agriculture or with an agricultural area in transition to an area of more urban character.

(B) Permitted uses. In the (AG) Agricultural District, buildings, structures, and land shall be used only for the following purposes:

(1) General agricultural practices, excluding the expansion of existing or development of any facility or operation whereby animals are confined on an ongoing basis in lots, pens, pools, ponds, sheds, buildings or any other structure where food is supplied to the animal by means other than grazing. (2) Kennels, and veterinary establishments, but not nearer than 1,000 feet to any zoned residential district, incorporated area or dwelling other than the dwelling of the lessee or owner of the site. (3) Single-family dwellings. (4) Home occupations. (5) Public buildings and publicly owned parks, schools, playgrounds, and community centers. (6) Accessory bridges, structures, or uses, subordinate and customarily incident to and located on the same lot with any of the foregoing principal uses. (7) Major off-street parking facilities in conjunction with all uses in the foregoing listing. (8) Greenhouses and garden centers. (9) Churches, place of worship. (10) Bulk grain and produce storage, excluding commercial warehouses, provided however, that any grain bin or building used for grain storage which requires filling by use of a portable auger, elevator or conveyor or requires overhead probing of stored grain shall be set back from any existing primary voltage electric power distribution line owned and maintained by a public utility by a distance at least equal to the height of the highest filling or probing opening on such bin or building plus 18 feet or the distance prescribed in Section 234 of the latest published edition of the National Electrical Safety Code, whichever is greater. The owner of such bin or grain storage building may opt to pay whatever costs are necessary to meet the requirements of Section 234 of the latest edition of the National Electric Safety Code in order to reduce the setback requirement, but under no circumstances shall the front yard setback for any such bin or grain storage building be less than 25 feet from the established road right-of-way. (11) Signs in conformance with § 152.136.

(C) Special exceptions. The City Council may authorize the following special uses by special permit, after a public hearing and subject to such conditions and protective restrictions set forth in §§ 152.050 through 152.061:

1. Private clubs; private lodges; private social, recreational and entertainment facilities; or grounds for games, sports, and camping.
2. Hospitals and convalescent or nursing homes.
3. Cemeteries.
4. Airports, airplane landing fields, radio or television transmitter stations, facilities for the distribution and/or treatment of water, sewerage, gas, electricity, or other necessary public utilities.
5. Junk and salvage yard (in conformance with § 152.062).
6. Private elementary and high schools.
7. Hospitals, penal institutions and sanitariums.
8. Recreational motel lodging.
9. Utility substations.
10. Gravel plants and asphalt or concrete batch plants.

1. Area, yard and height requirements: For this district shall be:
   1. Minimum lot size shall be three acres with a minimum distance of 1,000 feet between single-family dwellings.
   2. Minimum yard requirements:
      1. Front yard depth; not less than 25 feet.
      2. Side yard depth; no limitations; unless abutting a residential district then the minimum side yard shall be five feet.
      3. Rear yard depth; no limitations; unless abutting a residential district then the minimum rear yard shall be 25 feet.
   3. There shall be no limit on the maximum height of a structure in this district, unless the area is within the overlay zone of the Fairmont State Airport.
2. Prohibited uses and structures: All waste lagoons, other uses and structures, which are not specially permitted or not permissible as special uses, shall be prohibited from the AG Agriculture District.
3. District special regulations: Disposal of any confinement or feedlot waste on land within the planning jurisdiction of the city other than on the property upon which the confinement or feedlot is located, shall be subject to the license requirements and waste disposal requirements and recommendations of the State of Nebraska, and the following minimum sanitation and odor practices, and those conditions imposed by the Planning Commission upon the property owner of land upon which the waste is to be disposed, in consideration of the health, safety and general welfare of the public, and subject to the approval of the City Council:
   1. No livestock waste disposal shall be closer than 1,320 feet to a neighbor's residence.
   2. Livestock waste disposal by spraying or spreading on cultivated land shall be followed by disking or plowing within a 48-hour period.
   3. There shall be no storage of livestock waste within a designated flood plain or floodway.
   4. No livestock waste shall be disposed of within a designated flood plain or flood way.
   5. Surface runoff shall be so controlled so that no amount of soil or manure is carried into any ditch or drainage area or onto a neighbor's property.
      ('84 Code, § 11-304) (Ord. 499, passed 9-19-88; Am. Ord. 707, passed 12-21-98; Am. Ord. 828, passed 7-1-02) Penalty, see § 152.999 Ord. 1137, passed 12-21-2020

1. Characteristics. The purpose of this zone is to identify those portions of the municipality which are affected by seasonal flooding and otherwise best suited as open space buffers between land uses and thus not suitable for structural development.
2. Permitted uses. In the (A-2) Green Belt District, the following restrictions shall prevail prior to the installation of flood prevention measures on an area-related basis: Along critical portions of Turkey Creek, no structural development shall be allowed within 250 feet of either side of the center line of said water course, excluding bridges, elevated roadways and flood control levees. Nor shall land so zoned be used to meet side or rear yard requirements of other zoning districts herein.
   ('84 Code, § 11-305) (Ord. 707, passed 12-21-98) Penalty, see § 152.999 (Ord 1137, passed 12-21-2020)
   

1. Characteristics. This zone is intended to provide for low-density, acreage residential development in selected areas adjacent or in close proximity to the corporate limits of the city and other developed areas within the city jurisdiction. Generally, these districts are located near urban and built-up areas. within reasonable reach of fire protection and hard surfaced roads.
2. Permitted principal uses and structures. The following shall be permitted uses by right:
   1. Agricultural uses, animals shall not be permitted on first three acres. A maximum of one animal unit per acre for every acre above initial three acres.
   2. Single-family dwelling.
   3. Manufactured homes which comply with the provisions of § 152.006.
   4. Irrigation and flood control projects.
   5. Public parks and recreational areas.
   6. Community buildings and/or facilities owned and/or occupied by public agencies.
   7. Public and/or private schools.
   8. Churches, places of worship and cemeteries.
   9. Signs in conformance with § 152.136.
      
3. Permitted accessory uses and structures:
   1. Accessory uses and structures normally appurtenant to the permitted uses and structures.
   2. Home occupations.
   3. Dish antennas/mini dishes.
   4. Solar panels.
4. Special exceptions. A building or premises may be used for the following purposes in the LLR District if a special permit for such has been obtained in accordance with § 152. 051.
   1. Airports and heliports, including crop dusting.
   2. Agricultural service establishments primarily engaged in performing agricultural, animal husbandry or horticultural services.
   3. Cemeteries, crematories, mausoleums and columbaria.
   4. Child care center.
   5. Radio and television towers and transmitters.
   6. Camp grounds.
   7. Wind generating systems.
   8. Kennels.
   9. Public and private charitable institutions.
   10. Greenhouses and nurseries.
   11. Expansion of nonconforming uses, structures or land.
5. Prohibited uses and structures. All other uses and structures which are not specifically permitted or not permissible as exceptions shall be prohibited from the LLR District.
6. Minimum area requirements. Area, yard and height requirements for this district for single-family dwellings and other uses shall be:
   1. Minimum lot size shall be three acres, with a minimum width of 220 feet.
   2. Minimum yard requirements:
      1. Front yard depth; not less than 50 feet.
      2. Side yard depth; not less than 15 feet.
      3. Rear yard depth; not less than 50 feet.
   3. The maximum height of a structure in this district shall be 35 feet.
   NOTE: All single family dwellings shall have a minimum square footage of 900 square feet.
   ('84 Code, § 11-306) (Ord. 707, passed 12-21-98) Penalty, see § 152.999 (Ord 1137, passed 12-21-2020)
   

1. Characteristics. The purpose of this zone is to provide for single- and multiple-family living, but also to afford flexibility for the establishment of uses, other than residential, that are not detrimental to the overall intent of the residential neighborhood. This zone is established to accommodate all residential uses, (as well as compatible public semi-private uses) deemed compatible with existing or emerging residential tracts in or adjacent to the city.
2. Permitted uses. In the (R-1) Residential District, buildings, structures, and land shall be used only for the following purposes:
   1. Single-family dwellings.
   2. Two-family dwellings.
   3. Manufactured homes, which comply with the provisions of § 152.006.
   4. Public dwellings, libraries, and publicly owned parks, playgrounds, and community centers.
   5. Churches, Sunday schools, and other places of worship.
   6. Public and parochial schools.
   7. Home occupations.
   8. Accessory buildings, structures or uses subordinate and customarily incidental to and located on the same lot with any of the foregoing principal uses.
   9. Signs in conformance with § 152.136.
      
   10. Child day care center.
3. Special exceptions. The City Council may authorize the following special uses by special permit, after a public hearing and subject to such conditions and protective restrictions set forth in §§ 152.050 through 152.061:
   1. Private clubs; private lodges; private social, recreational, and entertainment facilities; or grounds for games and sports.
   2. Public works and public utility facilities, such as transformer stations, pumping stations, water towers, radio or television transmitter stations, and telephone exchanges.
   3. Mortuary or funeral homes.
   4. Bed and breakfast homes.
   5. Rooming houses, not intended as tourists' accommodations.
   6. Hospitals, convalescent or nursing homes, and medical clinics, excluding veterinary hospitals and mental institutions.
4. Area, yard and height requirements. For this district for single-family dwellings shall be:
   1. Minimum lot size shall be 6,075 square feet with a minimum width of 48 feet.
   2. Minimum yard requirements:
      1. Front yard depth; not less than 25 feet.
      2. Side yard depth; not less than five feet.
      3. Rear yard depth; not less than five feet.
   3. The maximum height of a structure in this district shall be 35 feet.
5. Area, yard and height requirements. For this district for two-family dwellings shall be:
   1. Minimum lot size shall be 11,000 square feet with a minimum width of 65 feet.
   2. Minimum yard requirements:
      1. Front yard depth; not less than 25 feet.
      2. Side yard depth; not less than five feet.
      3. Rear yard depth; not less than five feet.
   3. The maximum height of a structure in this district shall be 35 feet.
      ('84 Code, § 11-306.01) (Ord. 499, passed 9-19-88; Am. Ord. 707, passed 12-21-98 Am. Ord. 781, passed 6-19-00; Am. Ord. 912, passed 5-1-06) Penalty, see § 10.99
      

1. Characteristics. The purpose of this district is to provide for medium density residential uses and development of residential dwellings including mobile home parks. Mobile home parks are considered as a residential use and should be located in areas where services and amenities are available such as those found in conventional residential uses.
2. Permitted uses. In the (R-2) Multifamily District, buildings, structures, and land shall be used only for the following purposes:
   1. Single-family dwellings.
   2. Two-family dwellings.
   3. Multifamily dwellings.
   4. Manufactured homes with comply with the provisions of § 152.006.
   5. Public buildings, libraries, and publicly owned parks, playgrounds, and community centers.
   6. Churches, Sunday schools, and other places of worship.
   7. Public and parochial schools.
   8. Home occupations.
   9. Accessory buildings, structures or uses subordinate and customarily incidental to and located on the same lot with any of the foregoing principal uses.
   10. Major off-street parking facilities in conjunction with all uses in the foregoing list.
   11. Signs in conformance with § 152.136.
       
   12. Child day care center.
3. Permitted special use. The City Council may authorize the following special uses by special permit, after a public hearing and subject to such conditions and protective restrictions set forth in §§ 152.050 through 152.061:
   1. Public works and public utility facilities, such as transformer stations, pumping stations, water towers, radio or television transmitter stations, and telephone exchanges.
   2. Rooming houses, not intended as tourists' accommodations.
   3. Hospitals, convalescent or nursing homes, and medical clinics, excluding veterinary hospitals and mental institutions.
   4. Bed and breakfast homes.
   5. Mobile home parks.
   6. Mortuaries, funeral homes, and crematories.
      
4. Area, yard and height requirements. For this district for multi-family dwellings shall be negotiable with the City Council and the City Planning Commission keeping in mind the following standards. Any change in area, yard, and height requirements from the ones detailed here shall be considered an exception and division (C) will apply:
   1. Minimum lot size shall be 3,500 square feet each for the first three dwelling units, 3,000 square feet each for the second three dwelling units, and 2,000 square feet each for all dwelling units thereafter with a minimum width of 65 feet.
   2. Minimum lot size for rooming houses shall be 1,000 square feet for each living unit more than two with a minimum width of 65 feet.
   3. Minimum yard requirements:
      1. Front yard depth; not less than 25 feet.
      2. Side yard depth; not less than five feet.
      3. Rear yard depth; not less than five feet.
   4. The maximum height of a structure in this district shall be 35 feet.
   5. Minimum area and distance requirements for single-family dwellings and two-family dwellings shall be the same as listed in the R-1 District.
5. Use limitations. Each mobile home park shall be designed in accordance with the following minimum design standards:
   1. Minimum design standards.
      1. The park shall be located in a well-drained site, properly graded to ensure rapid drainage and freedom from stagnant pools of water and be a minimum of two acres in size.
      2. Mobile home parks hereafter approved shall have a minimum of three mobile homes and a maximum density of seven mobile homes per gross acre, and minimum area of 4,400 square feet shall be provided for each mobile home space.
      3. Each mobile home space shall be at least 40 feet wide at the front setback line and clearly defined.
      4. Mobile homes shall be located on each space so as to maintain a setback of no less than 25 feet from any public street, highway right-of-way, or R-3 District boundary; as to maintain a setback of no less than 20 feet from the edge of a park roadway or sidewalk; as to maintain a setback of no less than 15 feet from a rear boundary line that is not common to any public street, highway right-of-way, or R-3 District boundary; and as to maintain a setback of no less than five feet from any side boundary line of a mobile home space.
      5. All mobile homes shall be so located to maintain a clearance of not less than 20 feet from another mobile home and as to maintain a clearance of not less than 15 feet between any mobile home and any appurtenance to mobile home. No mobile home shall be located closer than 20 feet from any building within the park.
      6. Mobile home spaces when front upon a private roadway shall not be of less than 24 feet in width, including curbs, if required, provided, however, that no on-street parking is permitted. Off-street parking surfaces shall be hard surfaced (concrete or asphalt). If parallel parking is permitted on one side of the street, the width shall be increased to 36 feet. All roadways shall have unobstructed access to a public street.
      7. Common walks shall be provided in locations where pedestrian traffic is concentrated; for example, to the entrance and to the office and other important facilities.
      8. All roadways and sidewalks within the mobile home park shall be constructed in accordance with city standards and shall be adequately lighted at night. A street must be completely constructed prior to the occupancy of any mobile home space fronting on the street.
      9. A community building may be provided which may include recreation facilities, laundry facilities, storm shelter, and other similar uses.
      10. A storm shelter or an approved evacuation plan to a designated storm shelter will be provided.
      11. A landscape buffer may be required to provide screening for the park.
   2. Tie downs and around anchors. All mobile homes shall be secured to the ground by tie downs and ground anchors in accordance with industry standards.
   3. Blocking. All mobile homes shall be blocked at a maximum of ten feet centers around the perimeter of each mobile home, and this blocking shall provide 16 inches bearing upon the stand.
   4. Pad requirements. Shall be flexible surface with a minimum of five inch thick gravel, stone or compacted surface, treated to discourage plant growth, constructed to discharge water and edged to prohibit fraying or spreading of surfacing materials, or shall be a hard surface of a minimum of two 18-inch wide concrete ribbons or slabs capable of carrying the weight and of sufficient length to support all blocking points of the mobile home.
   5. Fire safety standards. When liquefied petroleum gas is used in a mobile home park, containers for such gas shall not hold more than 500-gallon water capacity, shall be the liquefied petroleum gas containers approved by the United States Commerce Commission for its intended purpose, and shall be attached to the mobile home in a manner approved by the Liquefied Petroleum Gas Association.
   6. Skirting. Each mobile home shall be skirted within 30 days after placement in the park by enclosing the open area under the unit with a material that is compatible with the exterior finish of the mobile home.
   7. Additional requirements.
      1. An application for a mobile home park shall require the preparation of a preliminary Mobile Home Park Plan, drawn to scale of not less than l" = 100', and 15 copies of the plan, including a reproducible mylar shall be submitted to the Planning Commission for it&: review and recommendations. The plan shall be designed in accordance with "Minimum Design Standards" of these regulations, and shall have contours shown at two feet intervals.
      2. Upon approval of the preliminary mobile home park plan by the Planning Commission, the applicant shall prepare and submit a final plan, which shall incorporate any changes or alterations requested. The final plan and the Planning Commission recommendations shall be forwarded to the City Council for their review and final action.
      3. Any substantial deviation from the approved plan, as determined by the Zoning Administrator, shall constitute a violation of the zoning certificate authorizing construction of the project. Changes in plans shall be resubmitted for reconsideration and approval by the Planning Commission and City Council.
         ('84 Code, § 11-306.02) (Ord. 499, passed 9-19-88; Am. Ord. 707, passed 12-21-98; Am. Ord. 781, passed 6-19-00) Penalty, see § 10.99 (Ord 1137, passed 12-21-2020)
         

1. Characteristics. The Neighborhood Residential Commercial (NRC) District is intended primarily for the provision of retail and personnel service facilities and mixed residential uses.
2. Permitted principal uses. In the (NRC) Neighborhood Residential Commercial District, buildings, structures and land shall be used for the following purposes:
   1. Single-family dwellings.
   2. Two-family dwellings.
   3. Multifamily dwellings.
   4. Nursery, primary and secondary education structures.
   5. Manufactured homes in accordance with the provisions of § 152.006.
   6. Business offices.
   7. Professional offices.
   8. Retail stores and service providers which provide commodities and services primarily to meet the needs of residents in one or more residential neighborhoods, including:
      1. Apparel stores.
      2. Banks, including automatic teller machines (ATM's).
      3. Bookstores or rental libraries.
      4. Barber shops and beauty shops.
      5. Drugstores.
      6. Dairy produce stores.
      7. Bakery good stores.
      8. Florists.
      9. Gift shops.
      10. Hardware stores.
      11. Hobby and art supply stores.
      12. Dressing, altering and repairing of wearing apparel.
      13. Photographer, film sales and development.
      14. Shoe stores.
      15. Soda fountains.
      16. Tailors and dressmakers.
      17. Variety stores.
      18. Child care homes.
      19. Hotels/motels/bed and breakfasts.
      20. Restaurants, tea rooms, and cafes.
   9. Nursing care facility, congregate/assisted care housing.
   10. Private club/lodge.
   11. Medical facilities.
   12. Public facilities associated with government service or religious activities (such as, churches).
3. Special exceptions. The City Council may authorize the following special uses by special permit, after a public hearing and subject to such conditions and protective restrictions set forth in §§ 152.050 through 152.061:
   1. Child daycare centers.
   2. Cleaning agencies (pickup and delivery).
   3. Food stores, delicatessens, supermarkets.
   4. Garden supply stores, provided that all equipment, supplies, and merchandise, other than plants, shall be kept completely within an enclosed structure and any fertilizer sales be in package form only.
   5. Self-service laundries and self-service dry cleaning establishments.
   6. Automotive filling station and/or convenience stores.
   7. Automobile and light truck carwash.
   8. Facilities that sale on- or off-sale alcoholic beverage.
   9. Automobile sales and service.
   10. Mini-warehouses (subject to the following conditions):
       1. The use must be located contiguous to an arterial street as designated in the Comprehensive Plan.
       2. There shall be a minimum lot area of one acre.
       3. All storage shall be within enclosed buildings.
       4. Any side of the building providing doorways to storage areas shall be set back from the property line not less than 35 feet.
       5. All driveways, parking, loading and vehicle circulation areas shall be paved with concrete, asphalt or asphaltic concrete. All one-way driveways which provide direct access to cubicles shall provide for one ten foot parking lane and a 15-foot travel lane. All two-way driveways which provide direct access to cubicles shall provide for one ten-foot parking lane and two 12-foot travel lanes. Adequate bumper guards or fences shall be provided to prevent the extension of vehicles beyond property lines.
       6. All lights shall be shielded to direct light away from adjacent properties.
       7. No activities such as miscellaneous or garage sales or the servicing or repair of motor vehicles, boats, trailers, lawn mowers, and other similar equipment shall be conducted on the premises. Also, no manufacturing, assembly or processing of any product shall be permitted.
       8. The areas shall be properly policed by the owner or operator for removal of trash and debris.
       9. Two copies of a plot plan showing ingress and egress, widths of driveways, off-street parking, loading areas, and on-site traffic circulation shall be submitted to the Planning Commission for their consideration with the conditional use application.
       10. The Planning Commission and City Council may attach such other conditions as deemed necessary to provide for compatible development.
   11. Signs in conformance with § 152.136.
       
   12. Single-family attached dwellings.
   13. Zero lot-line dwellings.
   14. Dish antennas/mini-dishes.
   15. Semi-truck and automotive, fueling and servicing establishments.
   16. Farm implement sales and services.
   17. Expansion of nonconforming uses, structures or land.
4. Prohibited uses and structures. All other uses and structures which are not specifically permitted or permissible as special uses shall be prohibited from the NRC District.
5. Screening requirements.
   1. When a site other than a single or two-family dwelling adjoins or is located across an alley from a single or two-family dwelling in the NRC District, a solid wall, or fence or compact evergreen hedge six feet in height may be required on the property line common to such districts, except in a required open front yard.
   2. Open storage of materials attendant to a permitted or special permitted use shall be permitted only within an area surrounded or screened by a solid wall or fence.
6. Landscaping requirements.
   1. Each developed parcel, lot or tract of land, except for single and two-family dwellings, in the NRC District shall provide seven feet of landscaping from any designated "Major Arterial "or "Other Arterial" public street property line, into any required front yard.
      1. One tree shall be planted or maintained for each 500 square feet of landscaped area required under item 1 above.
      2. Upon installation or preservation of required landscape materials, appropriate measures shall be taken to insure their continued health and maintenance. Required materials that do not remain healthy shall be replaced.
7. Area, yard and height requirements. For this district for single family dwellings shall be:
   1. Minimum lot size shall be 7,500 square feet with a minimum width of 60 feet.
   2. Minimum yard requirements:
      1. Front yard depth; not less than 25 feet.
      2. Side yard depth; not less than five feet.
      3. Rear yard depth; not less than five feet.
   3. The maximum height of a structure in this district shall be 35 feet.
   4. The minimum square footage in this district shall be 900 square feet.
8. Area, yard and height requirements. For this district for two family dwellings shall be:
   1. Minimum lot size shall be 3,750 square feet with a minimum width of 35 feet per unit.
   2. Minimum yard requirements:
      1. Front yard depth; not less than 25 feet.
      2. Side yard depth; not less than five feet.
      3. Rear yard depth; not less than five feet
   3. The maximum height of a structure in this district shall be 35 feet.
9. Area, yard and height requirements. For this district for multi-family dwellings shall be:
   1. Minimum lot size shall be 1,500 square feet with a minimum width of 60 feet.
      
   2. Minimum yard requirements:
      1. Front yard depth; not less than 25 feet.
      2. Side yard depth; not less than five feet.
      3. Rear yard depth; not less than five feet.
   3. The maximum height of a structure in this district shall be 40 feet.
      
10. Area, yard and height requirements. For this district for commercial shall be:
    1. Minimum lot size shall be 10,000 square feet with a minimum width of 35 feet.
    2. Minimum yard requirements:
       1. Front yard depth; not less than 25 feet.
       2. Side yard depth; not less than five feet.
       3. Rear yard depth; 0 feet or not less than five feet when abutting a residential property.
    3. The maximum height of a structure in this district shall be 35 feet.
11. Area, yard and height requirements. For this district for other uses shall be:
    1. Minimum lot size shall be 10,000 square feet with a minimum width of 60 feet.
    2. Minimum yard requirements:
       1. Front yard depth; not less than 25 feet.
       2. Side yard depth; not less than five feet.
       3. Rear yard depth; not less than five feet.
    3. . The Maximum height of a structure in this district shall be 35 feet.

1. ('84 Code, § 11-307) (Ord. 707, passed 12-21-98; Am. Ord. 972, passed 1-18-10) Penalty, see § 154.999 (Ord 1137, passed 12-21-2020)
   

1. Characteristics. The purpose of this zone is to establish the location of the downtown or predominant shopping area of the municipality in relation to its intended use; that being to best serve the largest number of patrons within the community's service area with the widest variety of goods and services. Through the proper zoning classification and use of restrictions it is the intent of this section to prevent the scattering of commercial uses and to centralize together the predominant retail and service activities needed to satisfy the local shopping district.
2. Permitted uses. In the (C-1) Central Business District, buildings, structures, and land shall be used only for the following purposes:
   1. Apartments on floors other than ground floor.
   2. Theatres and auditoriums.
   3. Lodges, clubs, fraternal organizations, and places for entertainment and public gatherings.
   4. Banks, financial institutions, loan offices, and tax services.
   5. Insurance, real estate and business offices or establishments.
   6. Medical, dental, and health offices, clinics and establishments, excluding veterinary clinics.
   7. Funeral homes and mortuaries.
   8. Professional offices and establishments.
   9. Barber shops, beauty salons, reducing salons, and photographic studios.
   10. Restaurants, cafes, short order establishments, bars, liquor store, and night clubs.
   11. Ice cream and dairy stores, and establishments selling specialty food items, but not exclusively drive-in type facilities.
   12. Furniture, appliance, radio and television, and office furniture and supply stores.
   13. Clothing, haberdashers, shoe stores, specialty, clothing and dress-making shops.
   14. Drug store, record shops, jewelry, hardware and variety stores, and specialty item establishments.
   15. Department stores, florist shops, farm and garden supplies, sporting goods and hobby shops.
   16. Transportation depots, communication offices and travel agencies.
   17. Dry cleaning pick-up establishments; laundromats, but not laundries; shoe and clothing repair shops; furniture and appliance repair and upholstery establishments.
   18. Hotels.
   19. Paint stores; rugs and floor covering shops; and guns and firearms establishments.
   20. Contractors offices and shops.
   21. Major off-street parking facilities as an integral design consideration with all of the uses in the C-1 zone.
   22. Public works, public buildings, public utility facilities, such as transformer stations, pumping stations, water towers, radio or television transmitter stations and telephone exchanges.
   23. Libraries, schools, private clubs, lodges, and social, recreational and entertainment facilities and structures only for games and sports.
   24. Accessory uses and buildings that are clearly incidental to the permitted use and that will not create nuisance or hazard.
   25. Signs in conformance with § 152.136.
       
3. Special exceptions. The City Council may authorize the following special uses by special permit after a public hearing and subject to such conditions and protective restrictions set forth in §§ 152.050 through 152.061:
   1. Single-family dwellings.
   2. Two-family dwellings.
   3. Multifamily dwellings.
   4. Farm equipment sales and service.
   5. Drive-in restaurants and drinking establishments.
   6. Commercial recreation and entertainment, such as bowling alleys, dance halls, skating rinks.
   7. Gas stations.
   8. Public and private parking lots.
   9. Dry cleaners, laundries.
   10. Public or private clubs, lodges, social, recreational and entertainment facilities; or such grounds for games and sports, including public or privately owned museums.
4. Area, yard and height requirements. For this district shall be:
   1. Minimum lot size shall be 3,250 square feet.
   2. Minimum yard requirements:
      1. Front yard depth; none.
      2. Side yard depth; none, except on the side of a lot adjoining a residential district, in which case a side yard of not less than five feet shall be provided.
      3. Rear yard depth; none except on the area of a lot adjoining a residential district, in which case a rear yard of not less than five feet shall be provided.
   3. The maximum height of a structure in this district shall be 45 feet.
      ('84 Code, § 11-308) (Ord. 499, passed 9-19-88; Am. Ord. 707, passed 12-21-98) Penalty, see § 10.99 (Ord 1137, passed 12-21-2020)
      

1. Characteristics. The purpose of this zone is to establish the location of areas best suited to the needs of the highway-related business types within the Planning Area, those commercial types being characterized by a need for larger lot sizes, off-street parking and immediate access to transient traffic.
2. Permitted uses. In the (C-2) Highway Business District, buildings, structures, and land shall be used only for the following purposes:
   1. Farm equipment sales and service.
   2. Automotive sales, services and storage.
   3. Restaurants, cafes, drive-in restaurants and drinking establishments.
   4. Motels, hotels and tourist trailer parks.
   5. Trailer sales, separate from trailer parks.
   6. Commercial recreation and entertainment, such as miniature golf courses, bowling alleys, dance halls, skating rinks, golf driving and target ranges.
   7. Truck terminals and related storage facilities.
   8. Gas stations.
   9. Public and private parking lots.
   10. Food, drug, dairy, liquor, furniture and appliance stores.
   11. Dry cleaners, laundries, barber and beauty shops, lumber yards, paint stores, clothing stores, farm and garden supply, sporting goods and hobby shops.
   12. Medical clinics, hospitals, convalescent homes, funeral homes and veterinary clinics excluding kennels.
   13. Public or private clubs, lodges, social, recreational and entertainment facilities; or such grounds for games and sport including public or privately owned museums.
   14. Public works and public utility facilities such as transformer stations, pumping stations, water towers, radio or television transmitter stations and telephone exchanges.
   15. Accessory uses and buildings that are clearly incidental to the permitted use and that will not create a nuisance or hazard.
   16. Contractors' offices and shops.
   17. Windmills.
   18. Signs in conformance with § 152.136.
       
   19. Child day care center.
3. Special exceptions. The City Council may authorize the following special uses by special permit, after a public hearing and subject to such conditions and protective restrictions set forth in §§ 152.050 through 152.061:
   1. Private clubs and lodges.
   2. Facilities for the commercial storage or sale of fertilizer or toxic or flammable agriculture chemicals.
   3. Radio studios, transmitters and antenna.
   4. Recycling centers.
   5. Light industrial in conformance with § 152.031.
4. Area, yard and height requirements. For this district shall be:
   1. Minimum lot size shall be 10,000 square feet with a minimum width of 80 feet.
   2. Minimum yard requirements:
      1. Front yard depth; not less than 25 feet.
      2. Side yard depth; none, except on the side of a lot adjoining a residential district, in which case a side yard of not less than ten feet shall be provided.
      3. Rear yard depth; none, except on the rear of a lot adjoining a residential district, in which case a rear yard of not less than five feet shall be provided.
   3. The maximum height of a structure in this district shall be 35 feet. The height limitations shall not apply to windmills.
   4. Minimum area and distance requirements for single-family dwellings; two-family dwellings; and multifamily dwellings shall be the same as listed in the R-1 District.
      ('84 Code, § 11-309) (Ord. 357, passed 11-19-73; Am. Ord. 499, passed 9-19-88; Am. Ord. 707, passed 12-21-98; Am. Ord. 781, passed 6-19-00) Penalty, see § 152.999
      

1. Intent. Provides for a range of retail and service establishments requiring higher traffic volumes on adjacent roadways and the greater land area normally available on the edge of a community.
   
2. Permitted uses. In the (C-3) Highway Business District, buildings, structures, and land shall be used only for the following purposes:
   
   1. Auditoriums, exhibition halls, and clubs
   2. Automobile sales and service
   3. Bowling alley
   4. Dry cleaning and laundry
   5. Commercial recreation or amusements
   6. Commercial nurseries and greenhouses
   7. Campground
   8. Eating and drinking establishments
   9. Furniture stores
   10. Garden and lawn supply stores
   11. General retail stores
   12. Lumber and building materials
   13. Motels and hotels
   14. Farm implement and farm machinery fabrication, sales, and service
   15. Farm equipment supplies, sale, and service
   16. Public buildings, assembly halls, and auditoriums, fire stations, and other safety service facilities
   17. Retail vehicular fueling service stations
   18. Education facilities
   19. Medical Clinics
   20. Car Wash
   21. Truck Wash
   22. Convenience Store
   23. Signs in conformance with 152.136
       
3. Permitted Conditional Uses
   1. Planned Development District
   2. Truck stop or retail vehicular fueling service stations greater than 5 acres
   3. Churches
   4. Mortuary
   5. Billboards, advertising signs, and advertising structures
   6. General office
   7. Satellite dish antennas that conform to the supplementary regulations of this Ordinance
   8. Childcare center
   9. Auction houses that warehouse sale items and sell said items within the Auction Facility
   10. Outdoor storage containers limited to two containers per business and subject to Section 152.135
   11. Condominiums
   12. Mobile home sales business
       
4. Accessory Uses
   1. Building and uses customarily incidental to the permitted uses
   2. Parking lots: off-street, public, and private
   3. Outdoor storage that is screened
      
5. Temporary Uses. Such uses require a permit from the city and shall be valid for only a specific amount of time as indicated on said permit.
   
   1. Temporary structures as needed for sidewalk and other outdoor sales events
   2. Buildings and uses incidental to construction work which shall be removed upon completion or abandonment of the construction work
      
   3. Temporary structure for festivals or commercial events
   4. Firework sales subject to provisions of Municipal Code
   5. Temporary food service or merchandise sale from vehicles or trailers on private or public parking lots subject to provisions of Municipal Code
      
6. Height and Area Requirements
   
   1. For Permitted Uses:
      
      1. Minimum Lot Area: 20,000 sq. feet
         
      2. Minimum Lot Width: 50 feet
         
      3. Front Yard Setback: 50 feet
         
      4. Side Yard Setback: None
         
      5. Rear Yard Setback: None
         
      6. Maximum Height: 35 feet
         
   2. For Accessory Uses:
      1. Minimum Lot Area: NA
         
      2. Minimum Lot Width: NA
         
      3. Front Yard Setback: 50 feet
         
      4. Side Yard Setback: 5 feet
         
      5. Rear Yard Setback: 5 feet
         
      6. Maximum Height: 35 feet
         
   3. Corner lots may reduce the secondary front yard setback to 15 feet
      
   4. a 15 feet side yard will be required when the lot abuts a residential district
      
   5. A 25 feet rear yard will be required when there in no public ROW or dedicated alley abutting the rear property line.
      
   6. Other Applicable Provisions:
      1. When a property owner or a developer intends to develop a property already zoned Highway Business District, they shall file together with the building permit or rezoning application, a detailed Site Development Plan and such other drawings, data, calculations, sketches, lighting plan or diagrams that shall provide reasonable and adequate information to show the location, size, arrangement, and capacity for all areas to be used for highway frontage road, parking, loading and unloading, and vehicular access to streets so that vehicular and pedestrian traffic generated to and from the proposed development will not create undue hazards to the normal traffic movement on the existing streets and highways. These plans and documents shall become a part of the application and shall form the basis for the issuance of a building permit. Any plan changes that change the vehicular accesses, parking layout or building size or location shall require a resubmission for approval. Such process is required regardless of being in a corridor overlay district
         

1. Characteristics. The purpose of this zone is to identify and consolidate the various locations of industrially related land uses, which because of their shipping, storage and other requirements, exert special demands on the municipality. The 1-1 District consolidated locations have been established for maximum transportation facilities and reduced negative aesthetic impact on other land uses in the Planning Area.
2. Permitted uses. In the (1-1) Industrial District, buildings, structures, and land shall be used only for the following purposes:
   1. Lumber and building materials manufacturing and storage.
   2. Appliance and mechanical instruments manufacturing and sales.
   3. Electronic equipment manufacture.
   4. Food processing.
   5. Machine shops and sheet metal shops.
   6. Metal processing and fabricating.
   7. Milling, animal feed preparation and grain elevators, except this shall not include alfalfa mills or other operations, which emit dust or offensive odors.
   8. Contractors' offices and shops.
   9. Furniture and cabinet manufacture.
   10. Garages for storage, repair and servicing of motor vehicles.
   11. Dry cleaning and laundry plants.
   12. Printing and publishing plants.
   13. Textile and clothing manufacture.
   14. Wholesale and warehousing establishments and related storage. Zoning Code
   15. Transportation terminals and freight yards.
   16. Utility offices, installations and shops.
   17. Plumbing, heating, air conditioning manufacture, and service.
   18. Oil and water wells, drilling and associated activities.
   19. Iron and steel works.
   20. Sign manufacture.
   21. Concrete, asphalt and ready-mix operations.
   22. Accessory uses and buildings that are clearly incidental to the permitted use and that will not create a nuisance or hazard.
   23. Signs. No signs intended to be read from off the premises shall be permitted except:
       1. Signs which are structurally safe and in good repair, including those connected to a building facade.
       2. Signs which do not flash all elements simultaneously and which do not resemble any traffic sign, signal, or device. Revolving beacons are prohibited.
       3. Signs which are located in such a manner as not to obscure or otherwise interfere with the effectiveness of an official traffic sign, signal or devise, or which do not obstruct or interfere with the driver's view of approaching, merging, or intersecting traffic, as determined by the Zoning Inspector.
       4. One temporary on-site sign not illuminated, not to exceed four square feet in area and advertising the sale or rental of the property.
       5. One non-flashing illuminated or non-illuminated sign identifying the use of the building, structure, or premise, not to exceed 40 square feet in area.
       6. signs which do not exceed 35 feet in height.
   24. Manufacture of pharmaceutical products.
3. Special exceptions. The City Council may authorize the following special uses by special permit, after a public hearing and subject to such conditions and protective restrictions set forth in §§ 152.050 through 152.061:
   1. Recycling centers.
   2. Ethanol and/or alcohol plants.
4. Area, yard and height requirements. For this district shall be:
   1. There shall be no minimum lot size requirement.
   2. Minimum yard requirements:
      1. Front yard depth; not less than 25 feet.
      2. Side yard depth; none, except on the side of a lot adjoining a residential district, in which case a side yard of not less than ten feet shall be provided.
      3. Rear yard depth; none, except on the rear of a lot adjoining a residential district, in which case a rear yard of not less than five feet shall be provided.
   3. There shall be no maximum height limitations for a structure in this district.
      ('84 Code, § 11-310) (Ord. 499, passed 9-19-88; Am. Ord. 707, passed 12-21-98; Am. Ord. 783, passed 7-17-00) Penalty, see § 152.999
      

1. Characteristics. The purpose of this zone is to identify those portions of the municipality best suited to development or redevelopment in contemporary and compatible industrial uses, grouped in a park-like setting which is a good neighbor to surrounding zone districts and easily accessible to residential neighborhoods.
2. Use provisions. In the (1-2) Industrial Park District, buildings, structures, and land shall be used, and no building or structure shall be erected or altered until or unless these following conditions have been complied with:
   1. There shall have been filed with the Planning Commission a written application for approval of a contemplated use within the district, which application shall be accompanied with the following information:
      1. A plot plan indicating the location of present and proposed buildings, driveways, parking lots, and other necessary uses.
      2. Preliminary architectural plans for the proposed building or buildings.
      3. An estimate of the maximum number of employees contemplated for the proposed development along with the number of shifts or working hours during which they would work. Also, a description of the industrial operations proposed in sufficient detail to indicate the effects of those operations in producing excessive auto traffic congestion or problems of noise, glare, odor, sewerage, air pollution, water pollution, fire or safety hazards or other factors detrimental to the health, safety and welfare of the area.
      4. Engineering and architectural plans for the handling of any problems of the type outlined in subsection (c) above, including a designation of sewers to be used and necessary plans for controlling smoke and other nuisances as enumerated above in subsection (c).
      5. Any other information the Planning Commission may need to adequately consider the effect that the proposed use may have upon the environment and on the cost of providing municipal services to the area.
      6. Upon the finding by the Commission that the proposed development will constitute an industrial development of sustained desirability and stability, that it will be in harmony with the character of the surrounding neighborhood, and consistent with the overall long-range plans for the community, that it will not result in an over intensive use of the land, that it will not result in undue traffic congestion or traffic hazards, that the plan indicates that it will be adequately landscaped, buffered and screened, and otherwise promote the health, safety, and welfare of the community, the Planning Commission may authorize the issuance of a permit or permits for a proposed development in any industrial park district.
   2. Special provisions.
      1. Industrial park districts shall have a contiguous minimum area of at least 40 acres.
      2. Required front yard areas shall be planned and maintained in such a manner as to provide a park-like setting for the buildings.
      3. Initial development of individual lots shall provide adequate area for at least 100% expansion of uses, the main building, accessory building, off-street parking space, and other yard space requirements as set forth herein.
      4. The principal and accessory buildings shall not cover more than 25% of the area of the lot.
      5. Not less than 40% of the lot area shall be covered with vegetative material.
      6. No frame building or frame accessory buildings shall be erected in the I-2 Industrial Park District. In all buildings erected in the (I-2) Industrial Park District, the same kind of material or the same kind of brick shall be used for all outside walls adjoining or facing the street. Nothing herein contained shall prevent a different kind of material from being used for trimming the exposed outside walls provided the design employed shall be uniform on all the exposed outside walls of the buildings. All buildings erected in the I-2 District shall be fireproof throughout and shall comply with all reasonable fire regulations, as set down by the Planning Commission.
   3. Permitted/prohibited uses.
      1. Permitted uses shall include all uses, including signs, not otherwise prohibited by law or as specified by this chapter except when, in the opinion of the Planning Commission, the proposed use is objectionable or incompatible and/or detrimental to the character of the planning area in general.
      2. Prohibited uses shall include: Residential, all retail commercial activities; trucking terminals, manufacture of and/or sale of alcoholic beverages; junk yards or automobile wrecking yards; scrap iron, scrap paper or rag storage; sorting or bailing; and all other uses of land, buildings and structures or industrial processes that may be noxious or injurious by reason of smoke, refuse matter, odor, gas, fumes, noise, vibration, or similar substances or conditions.
3. Area, yard and height requirements. For this district shall be:
   1. Minimum lot size shall be four acres with a minimum width of 450 feet.
   2. Minimum yard requirements:
      1. Front yard depth; not less than 25 feet.
      2. Side yard depth; not less than five feet.
      3. Rear yard depth; not less than five feet.
      4. When adjacent to a residential district or adjacent to a public street on which a residential district abuts on the opposite side, a buffer yard shall be provided in addition to the above yards, the depth of which shall not be less than 100 feet and no development other than vegetative cover shall be permitted. When adjacent to a public street which does not abut a residential district on the opposite side, a buffer yard shall be provided in addition to the above yards, the depth of which shall not be less than 50 feet and no development other than vegetative cover shall be permitted.
   3. There shall be no maximum height limitation of a structure in this district.
      ('84 Code, § 11-311) (Ord. 499, passed 9-19-88; Am. Ord. 707, passed 12-21-98) Penalty, see § 152.999
      

1. Intent. This district is established as an overlay district for application over any primary zoning district within three statute miles in all directions from the adjacent boundaries of the Fairmont State Airfield located in Section(s) 5, 6, 7, 8, and 17 Township 7 North, Range 2 West of the 6th P. M., in Fillmore County which is within the planning and zoning jurisdictional area of Geneva, Nebraska and is intended to prevent airport hazards and protect the public investment and utility of the airport.
2. Hazard area description. The airport hazard area consists of operation zones, approach zones, turning zones and transitional zones. The outer boundary of the hazard area is composed of a series of connected tangents and simple curves which also constitute the outer boundaries of the approach and turning zones. The inner boundary of the hazard area is a boundary line consisting of a series of intersecting tangents 500 feet from and parallel to the centerline of the instrument runway or landing strip and 250 feet from and parallel to the respective centerlines of all other runways or landing strips and connecting the inner boundaries of adjacent approach zones at the ends of the runways, landing strips or proposed runways or landing strips.
3. Zone descriptions.
   1. The operation zones shall be located along each existing or proposed runway, landing strip or other portion of the airfield used regularly, or to be used regularly, for the landing or taking off of airplanes and shall begin or end at each end of each landing strip and 200 feet beyond the end of each runway and shall be 1,000 feet in width for each instrument runway or landing strip and 500 feet in width for all other runways and landing strips.
   2. The approach zones shall begin at the ends of their respective operation zones and shall extend and expand uniformly centered along the extended centerline of the respective runway or landing strip, to the outer boundary of the approach zone at a rate of 30 feet of width for each 100 feet of horizontal length for the instrument runway or landing strip and 20 feet of width for each 100 feet of horizontal length for all other runways.
      1. The inner area of each approach zone shall be that portion of the approach zone beginning at the end of the respective or proposed operation zone and extending to the intersection of the controlling glide angle with a plane 150 feet above the highest elevation of the end of the respective runway or landing strip.
      2. The outer area of each approach zone shall be the area between the outer limit of the inner area of the approach zone and the outer limit of the approach zone.
   3. The transition zones shall be the areas bounded by the operation zones of the hazard area, the sides of contiguous inner areas of the approach zones and the outer limits of the transitional zones; said outer limits of the transitional zones being the intersections, at elevations of 150 feet above the highest elevation at the ends or edges of the closest runway or landing strip, or proposed runway or landing strip, of a series of contiguous planes originating from bases established by the operation zones of the hazard area and the edges of adjacent inner areas of approach zones; said planes rising from their respective bases along lines perpendicular to the centerline of the runway or landing strip at the rate of one foot vertically to seven feet horizontally to the lines of intersection previously referred to.
   4. The turning zones shall comprise all portions of the hazard area not contained in the operation zones, approach zones and in the transitional zones. The outer limits of the turning zones shall be a series of points forming a line which is the horizontal distance of three statute miles from the nearest points along the airport boundary lines.
4. Height restrictions. No building, transmission line, communication line, pole, tree, smokestack, chimney, wires, tower or other structure or appurtenance thereto of any kind or character shall hereafter be erected, constructed, repaired or established, nor shall any tree or other object of natural growth be allowed to grow:
   1. In inner areas of approach zones to a height above the elevation of the nearest point on the end or proposed end of said instrument runway or landing strip in excess of one-fiftieth, and all other runways or landing strips in excess of one-fortieth of the distance from the end of the approach zone (the end nearest the runway or landing strip) to said structure or object.
   2. In the outer area of the approach zones and in turning zones to a height in excess of 150 feet above the elevation at the end or proposed end of the nearest runway or landing strip.
   3. In the transition zones to a height above the planes forming the transition slopes; and
   4. In the existing or proposed operation zones to a height above the existing or proposed finished grade of said runways or landing strips or surface of the ground.
5. Location sketch and zoning map. The boundaries, operation zones, approach zones, transition zones and turning zones of the Fairmont State Airfield are as indicated on the Geneva official zoning map, which accompanies and is hereby made a part of these regulations, a copy of which shall at all times be on file in the office of the City Clerk of Geneva, Nebraska.
6. Permit required, exceptions, application forms and permit fees.
   1. Permit required. It shall hereafter be unlawful to erect, construct, reconstruct, repair or establish any building, transmission line, communication line, pole, tree, smokestack, chimney, wires, tower or other structure or appurtenance thereto of any land or character or to plant or replant any tree or other object of natural growth within the boundary of the zoned area of the Fairmont State Airfield without first obtaining a zoning permit from the City Zoning Administrator.
   2. Exceptions. In the outer area of approach zones and within turning zones, no such permit shall be required for construction of planting which is no higher than 75 feet above the elevation of the end of the nearest runway or landing strip, except for any permits required by other sections of these regulations.
   3. Application forms. Application for a zoning permit as required under these regulations shall be made upon a form or forms to be available in the office of the Zoning Administrator and shall indicate the approximate location, ground elevation with reference to the elevation at the end of the nearest runway or landing strip and height of the proposed structure or planting.
   4. Permit fees. The fee for each zoning permit shall be the normal fee charged by the city plus any other additional fees determined by the city.
7. Non-conforming uses and structures. Within the zoned airport hazard area as hereinbefore defined, no non-conforming building, transmission line, communication line, pole, tree, smokestack, chimney, wires, tower or other structure or appurtenance thereto of any kind or character or object of natural growth shall hereafter be replaced, substantially reconstructed, repaired, altered, replanted or allowed to grow, as the case may be, to a height which constitutes a greater hazard to air navigation than existed before these regulations where adopted; nor above the heights permitted by these regulations if such structures or objects of natural growth have been torn down, destroyed, have deteriorated or decayed to an extent of 80% or more of their original condition, or abandoned for a period of 12 consecutive months or more. Transmission lines and communication lines as referred to in these regulations shall be interpreted to mean all poles, wires, guys and all other equipment necessary for the operation and maintenance of same within the airport hazard zone.
8. Marking of non-conforming structures. Whenever the Zoning Administrator shall determine, or shall be notified by the Nebraska Department of Aeronautics, that a specific non-conforming structure or object exists and has existed prior to the passage of these regulations and within the airport hazard zoned area herein before described at such a height or in such a position as to constitute a hazard to the safe operation of aircraft landing at or taking off from said airport, the owner or owners and the lessor or lessors of the premises on which such structure or object is located shall be notified in writing by the Zoning Administrator and shall, within a reasonable time, permit the marking thereof by suitable lights or other signals designated by the Zoning Administrator as is based on recommendations of the Nebraska Department of Aeronautics. The cost of such marking shall not be assessed against the owner or lesser of said premise.
9. Administrative agency. The Zoning Administrator shall administer and enforce these regulations, and shall be the administrative agency provided for in Neb. RS 3-319 and shall have all the powers and perform all the duties of the administrative agency as provided by the Airport Zoning Act within the zoning jurisdictional area of the city.
10. Board of Zoning Adjustment. The Board of Zoning Adjustment shall be the Board of Zoning Adjustment with respect to these regulations, to have and to exercise the powers conferred by Neb. RS 3-320 and such other powers and duties as are conferred and imposed by law.
11. Conflicts. In the event of any conflict between these airport hazard regulations and any other regulations established by these or other regulations, whether the conflict be with respect to the height of structures or trees, the use of land or any other matter, the more stringent or restrictive limitation shall govern and prevail.
    (Ord. 1028, passed 4-15-13)
    

(A) Statutory Authorization, Findings of Fact and Purposes (1) Statutory Authorization. The Legislature of the State of Nebraska has delegated the responsibility to local governmental units to adopt zoning regulations designed to protect the public health, safety and general welfare. The Legislature, in Sections 31-1001 to 31-1022, R.R.S. 1943, has further assigned the responsibility to adopt, administer, and enforce floodplain management regulations to the county, city or village with zoning jurisdiction over the flood-prone area. (2) Findings of Fact (a) Flood Losses Resulting from Periodic Inundation The flood hazard areas of Geneva, Nebraska, are subject to inundation which results in loss of life and property, health and safety hazards, disruption of commerce and governmental services, extraordinary public expenditures for flood protection and relief, and impairment of the tax base all of which adversely affect the public health, safety and general welfare. (b) General Causes of the Flood Losses These flood losses are caused by: (1) The cumulative effect of obstructions in floodplains causing increases in flood heights and velocities, (2) The occupancy of flood hazard areas by uses vulnerable to floods or hazardous to others, which are inadequately elevated or otherwise unprotected from flood damages. (3) Statement of Purpose. It is the purpose of this ordinance to promote the public health, safety, and general welfare and to minimize those losses described in Section (A)(2)(b) by applying the provisions of this ordinance to: (a) Restrict or prohibit uses which are dangerous to health, safety, or property in times of flooding or cause undue increases in flood heights or velocities. (b) Require that uses vulnerable to floods, including public facilities which serve such uses, be provided with flood protection at the time of initial construction. (c) Protect individuals from buying lands which are unsuited for intended purposes because of flood hazard. (d) Assure that eligibility is maintained for property owners in the community to purchase flood insurance in the National Flood Insurance Program. (4) Adherence to Regulations. The regulations of this ordinance are in compliance with the National Flood Insurance Program Regulations as published in Title 44 of the Code of Federal Regulations and the Nebraska Minimum Standards for Floodplain Management Programs as published in the Nebraska Administrative Code Title 455, Chapter 1. (B) General Provisions (1) Lands to Which Ordinance Applies This ordinance shall apply to all lands within the jurisdiction of the City of Geneva identified on the Flood Insurance Rate Map (31059C0190B) dated October 16, 2004. In all areas covered by this ordinance no development shall be permitted except upon the issuance of a floodplain permit to develop, granted by the floodplain administrator or the governing body under such safeguards and restrictions as the Geneva City Council or the designated representative may reasonably impose for the promotion and maintenance of the general welfare, health of the inhabitants of the community and where specifically noted in Sections D and E. (2) Rules for Interpretation of District Boundaries The boundaries of the floodway and the flood fringe overlay districts shall be determined by scaling distances on the official zoning map of on the effective Flood Insurance Rate Map. Where interpretation is needed to the exact location of the boundaries of the districts as shown on the zoning or other community map, the floodplain administrator shall make the necessary interpretation. In such cases where the interpretation is contested, the Planning Commission will resolve the dispute. The regulatory flood elevation for the point in question shall be the governing factor in locating the district boundary on the land. The person contesting the location of the district boundary shall be given a reasonable opportunity to present their case to the Planning Commission and to submit their own technical evidence, if so desired. (3) Compliance Within identified special flood hazard areas of this community, no development shall be located, extended, converted or structurally altered without full compliance with the terms of this ordinance and other applicable regulations. (4) Abrogation and Greater Restrictions This ordinance does not intend to repeal, abrogate, or impair any existent easements, covenants, or deed restrictions. However, where this ordinance imposes greater restrictions, the provision of this ordinance shall prevail. All other ordinances inconsistent with this ordinance are hereby repealed to the extent of the inconsistency only. (5) Interpretation In their interpretation and application, the provisions of this ordinance shall be held to be minimum requirements and shall be liberally construed in favor of the governing body and shall not be deemed a limitation or repeal of any other powers granted by state statutes. (6) Warning and Disclaimer of Liability The degree of flood protection required by this ordinance is considered reasonable for regulatory purposes and is based on engineering and scientific methods of study. Larger floods may occur or the flood height may be increased by manmade or natural causes, such as ice jams and bridge openings restricted by debris. This ordinance does not imply that areas outside floodway and flood fringe district boundaries or land uses permitted within such districts will be free from flooding or flood damage. This ordinance shall not create liability on the part of the City of Geneva or any officer or employee thereof for any flood damages that may result from reliance on this ordinance or any administrative decision lawfully made thereunder. (7) Severability If any section, clause, provision or portion of this ordinance is adjudged unconstitutional or invalid by a court of competent jurisdiction, the remainder of this ordinance shall not be affected thereby. (C) Establishment of Zoning Districts. The mapped floodplain areas within the jurisdiction of this ordinance are hereby established as the floodplain overlay district, as identified in the Flood Insurance Study dated October 16, 2004 and on accompanying FIRM panels (31059C0190B) as established in Section (B)(1). The floodplain overlay district shall correspond to flood zone A. Within this district, all uses not meeting the standards of this ordinance and those standards of the underlying zoning district shall be prohibited. (D) Floodplain Management Administration (1) Designation of Floodplain Administrator The zoning administrator of the community is hereby designated as the community’s local floodplain administrator. The floodplain administrator is authorized and directed to administer, implement, and enforce all provisions of this ordinance. If the local floodplain administrator position is unfilled, the community CEO shall assume the duties and responsibilities herein. (2) Permit Required A floodplain development permit shall be required before any development, construction, or substantial improvement is undertaken. No person, firm, corporation, government agency, or other entity shall initiate any floodplain development without first obtaining a floodplain development permit. (3) Duties of the Floodplain Administration Duties of the Floodplain Administrator shall include, but not be limited to: (a) Review, approve, or deny all applications for floodplain development permits. (b) Review all development permit applications to assure that sites are reasonably safe from flooding and that the permit requirements of this ordinance have been satisfied. (c) Review applications for proposed development to assure that all necessary permits have been obtained from those federal, state or local governmental agencies from which prior approval is required. (d) Review all subdivision proposals and other proposed new development, including manufactured home parks or subdivisions, to determine whether such proposals will be reasonably safe from flooding. (e) Coordinate with the Nebraska Department of Natural Resources to obtain base flood elevation information when applicable and required. (f) Notify adjacent communities and the Nebraska Department of Natural Resources prior to any alteration or relocation of a watercourse and submit evidence of such notification to the Federal Emergency Management Agency. (g) Assure that maintenance is provided within the altered or relocated portion of the watercourse so that the flood carrying capacity is not diminished. (h) Verify, record, and maintain record of the actual elevation (in relation to mean sea level) of the lowest floor, including basement, of all new or substantially improved structures in the floodplain. (i) Verify, record, and maintain record of all improved or damaged structures to ensure compliance with standards in applicable sections. Track value of improvements and market value with permits. Also, ensure consistent market value estimations to evaluate against damaged or improved values. (j) Ensure comprehensive development plan as amended is consistent with this ordinance. (k) In the event the floodplain administrator discovers work done that does not comply with applicable laws or ordinances, the floodplain administrator shall revoke the permit and work to correct any possible violation in accordance with this ordinance. (4) Application for Permit and Demonstrating of Compliance (a) To obtain a floodplain development permit, the applicant shall first file an application in writing on a form furnished for that purpose. Every such application shall: (i) Identify and describe the proposed development and estimated cost to be covered by the floodplain development permit. (ii) Describe the land on which the proposed development is to be done by lot, block, tract and house and street address, or similar description that will readily identify and definitely locate the proposed building or development. (iii) Indicate the use or occupancy for which the proposed development is intended. (iv) Be accompanied by plans and specifications for proposed construction. (v) Be signed by the permittee and authorized agent who may be required to submit evidence to indicate such authority. (b) If any proposed development is located entirely or partially within a floodplain, applicants shall provide all information in sufficient detail and clarity to enable the floodplain administrator to determine that: (i) All such proposals are consistent with the need to minimize flood damage; (ii) All utilities and facilities such as sewer, gas, water, electrical, and other systems are located and constructed to minimize or eliminate flood damage; (iii) Structures will be anchored to prevent flotation, collapse, or lateral movement; (iv) Construction materials are flood resistant; (v) Appropriate practices to minimize flood damage have been utilized; and (vi) Electrical, heating, ventilation, air conditioning, plumbing, and any other service facilities have been designed and located to prevent entry of floodwaters. (c) For all new and substantially improved structures, an elevation certificate based upon the finished construction certifying the elevation of the lowest floor, including basement, and other relevant building components shall be provided to the floodplain administrator and be completed by a licensed surveyor, engineer, or architect. (d) When floodproofing is utilized for an applicable structure, a floodproofing certificate shall be provided to the floodplain administrator and be completed by a licensed professional engineer or architect. (e) Any other such information as reasonably may be required by the floodplain administrator shall be provided. (5) Flood Data Required (a) All Zone A areas on the FIRM are subject to inundation of the base flood; however, the base flood elevations are not provided. Zone A areas shall be subject to all development 9 provisions of this ordinance. If Flood Insurance Study data is not available, the community shall utilize any base flood elevation or floodway data currently available from federal, state, or other sources, including from a study commissioned by the applicant pursuant to best technical practices. (b) Until a floodway has been designated, no development or substantial improvement may be permitted within the floodplain unless the applicant has demonstrated that the proposed development or substantial improvement, when combined with all other existing and reasonably anticipated developments or substantial improvements, will not increase the water surface elevation of the base flood more than one (1) foot at any location as shown in the Flood Insurance Study or on base flood elevation determinations. (6) Variances and Appeals Variance and Appeals Procedures (a) The Planning Commission as established by the City of Geneva, shall hear and decide appeals and request for variances from the requirements of this ordinance. (b) The Planning Commission shall hear and decide appeals when it is alleged that there is an error in any requirement, decision, or determination made by the floodplain administrator in the enforcement or administration of this ordinance. (c) Any person aggrieved by the decision of the Planning Commission or any taxpayer may appeal such decision to the District Court as provided in Nebraska Revised Statutes Section 19-192. (d) In evaluating such appeals and requests, the Planning Commission shall consider technical evaluation, all relevant factors, standards specified in other sections of this ordinance, and: (i) The danger to life and property due to flooding or erosion damage; (ii) The danger that materials may be swept onto other lands to the injury of others; (iii) The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner, future owners, and neighboring properties; (iv) The importance of the services provided by the proposed facility to the community; (v) The necessity of the facility to have a waterfront location, where applicable; (vi) The availability of alternative locations that are not subject to flooding or erosion damage for the proposed use; (vii) The compatibility of the proposed use with existing and anticipated development; (viii) The relationship of the proposed use to the comprehensive plan and the floodplain management program for that area; (ix) The safety of access to the property in times of flood for ordinary and emergency 10 vehicles; (x) The expected heights, velocity, duration, rate of rise, and sediment transport of the floodwaters and the effects of wave action, if applicable, expected at the site; and, (xi) The costs of providing government services during and after flood conditions including emergency management services and maintenance and repair of public utilities and facilities such as sewer, gas, electrical, water systems, streets, and bridges. Conditions for Variances (a) Variances shall only be issued upon a showing of good and sufficient cause and also upon a determination that failure to grant the variance would result in an exceptional hardship to the applicant. (b) Variances shall only be issued based upon a determination that the granting of a variance will not result in increased flood heights. (c) Variances shall only be issued based upon a determination that the granting of a variance will not result in additional threats to public safety, extraordinary public expense, create nuisances, cause fraud on or victimization of the public, or conflict with existing local laws or ordinances. (d) Generally, variances may be issued for new construction and substantial improvements to be erected on a lot of one-half acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood level, providing items e-i below have been fully considered. As the lot size increases beyond one-half acre, the technical justification required for issuing the variance increases. (e) Variances may be issued for the repair or rehabilitation of historic structures upon a determination that the proposed repair or rehabilitation will not preclude the structure’s continued designation as an historic structure on the National Register of Historic Places and the variance is the minimum necessary to preserve the historic character and design of the structure. (f) Variances shall only be issued upon a determination that the variance in the minimum necessary, considering the flood hazard, to afford relief. (g) The applicant shall be given a written notice over the signature of a community that the issuance of a variance to construct a structure below the base flood elevation will result in increased premium rates for flood insurance up to amounts as high as $25 for $100 of insurance coverage and also that such construction below the base flood elevation increases risks to life and property. Such notification shall be maintained with the record of all variance actions as required by this ordinance. (h) All requests for variances and associated actions and documents, including justification for their issuance, shall be maintained by the community. (7) Enforcement (a) Failure to obtain a floodplain development permit or the failure of a structure or other development to be fully compliant with the provisions of this ordinance shall constitute a violation. A structure or other development without a floodplain development permit, elevation certificate, certification by a licensed professional engineer of compliance with these regulations, or other evidence of compliance is presumed to be in violation until such time as documentation is provided. (b) When the floodplain administrator or other authorized community representative determines, based on reasonable grounds, that there has been a violation of the provisions of this ordinance, the floodplain administrator shall give notice of such alleged violation as hereinafter provided. Such notice shall: (i) Be in writing; (ii) Include an explanation of the alleged violation; (iii) Allow a reasonable time for the performance of any remedial act required; (iv) Be served upon the property owner or their agent as the case may require; and (v) Contain an outline of remedial actions that, if taken, will bring the development into compliance with the provision of this ordinance. (c) Penalties (i) Violation of the provisions of this ordinance or failure to comply with any of its requirements (including violations of conditions and safeguards established in connection with grants of variances or special exceptions) shall constitute a misdemeanor. Any person, firm, corporate, or other entity that violates this ordinance or fails to comply with any of its requirements shall upon conviction thereof be fined not more than ${fine amount}, and in addition, shall pay all costs and expenses involved in the case. Each day such violation continues shall be considered a separate offense. (ii) The imposition of such fines or penalties for any violation or non-compliance with this ordinance shall not excuse the violation or non-compliance or allow it to continue. All such violations or non-compliant actions shall be remedied within an established and reasonable time. (iii) Nothing herein contained shall prevent the City of Geneva or other appropriate authority from taking such other lawful action as is necessary to prevent or remedy any violation. (E) Standards for Floodplain Development (1) General Provisions (a) Alteration or Relocation of a Watercourse (i) A watercourse or drainway shall not be altered or relocated in any way that in the event of a base flood or more frequent flood will alter the flood carrying characteristics of the watercourse or drainway to the detriment of upstream, downstream, or adjacent locations. (ii) No alteration or relocation shall be made until all adjacent communities that may be affected by such action and the Nebraska Department of Natural Resources have been notified and all applicable permits obtained. Evidence of such notification shall be submitted to the Federal Emergency Management Agency. (b) Encroachments (i) When proposing to permit any of the following encroachments, the standards in Section (E)(1)(b)(ii) shall apply: 1. Any development in Zone A without a designated floodway that will cause a rise of more than one foot in the base flood elevation; or 2. Alteration or relocation of a stream; then (ii) The applicant shall: 1. Apply to FEMA for conditional approval of such action via the Conditional Letter of Map Revision process (as per Title 44 of the Code of Federal Regulations, Chapter 1, Part 65.12) prior to the permit for the encroachments; and 2. Supply the fully approved package to the floodplain administrator including any required notifications to potentially affected property owners. (2) Elevation and Floodproofing Requirements (a) Residential Structures In Zone A, all new construction and substantial improvements shall have the lowest floor, including basement, elevated to or above one (1) foot above the base flood elevation. (b) Nonresidential Structures In Zone A, all new construction and substantial improvements shall have the lowest floor, including basement, elevated to or above one (1) foot above the base flood elevation or, together with attendant utility and sanitary facilities, floodproofed so that below one (1) foot above the base flood elevation: (i) The structure is watertight with walls substantially impermeable to the passage of water and (ii) The structure has structural components with the capability of resisting hydrostatic and hydrodynamic loads and effects of buoyancy. A registered professional engineer or architect shall certify that the standards of this subsection are satisfied. A floodproofing certificate shall be provided to the floodplain administrator as set forth in Section D. (c) Space Below Lowest Floor (i) Fully enclosed areas below the lowest floor (excluding basements) and below the base flood elevation shall be used solely for the parking of vehicles, building access, or limited storage of readily removable items. (ii) Fully enclosed areas below the lowest floor (excluding basements) and below the base flood elevation shall be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwaters. Designs for meeting this requirement must either be certified by a registered professional engineer or architect or meet or exceed the following minimum criteria: 1. A minimum or two openings having a net total area of not less than one (1) square inch for every one (1) square foot of enclosed space, 2. The bottom of all openings shall not be higher than one (1) foot above grade, and 3. Openings may be equipped with screens, louvers, valves, or other coverings or devices provided that they allow the automatic entry and exit of floodwaters. (d) Manufactured Homes (i) Within any floodplain, new, substantially improved, and/or substantial damaged manufactured homes will be prohibited. (ii) All existing manufactured homes will be anchored to resist flotation, collapse, or lateral movement. Manufactured homes must be anchored in accordance with local building codes or FEMA guidelines. In the event that over-the-top ties to ground anchors are used, the following specific requirements (or their equivalent) will be met: 1. Over-the-top ties be provided at each of the four corners of the manufactured home, with two additional ties per side at intermediate locations and manufactured homes less than 50 feet long requiring one additional tie per side; 2. Frame ties be provided at each corner of the manufactured home with five additional ties per side at intermediate points and manufactured homes less than 50 feet long requiring four additional ties per side. (e) Existing Structures (i) The provisions of this ordinance do not require any changes or improvements to be made to lawfully existing structures. However, when an improvement is made to a structure in the floodplain, a floodplain development permit is required and the provisions of (E)(2)(e)(ii-iii) shall apply. (ii) Any addition, alteration, reconstruction, or improvement of any kind to an existing structure where the costs of which would equal or exceed fifty (50) percent of the pre-improvement market value shall constitute a substantial improvement and shall fully comply with the provisions of this ordinance. (iii) Any addition, alteration, reconstruction, or improvement of any kind to an existing structure that will change the compliance requirements of the building shall require applicable documentation including an elevation certificate, floodproofing certificate, or no rise certification. (3) Design and Construction Standards (a) Anchoring All buildings or structures shall be firmly anchored to prevent flotation, collapse, or lateral movement of the structure resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy. (b) Building Materials and Utilities (i) All buildings or structures shall be constructed with materials and utility equipment resistant to flood damage. All buildings or structures shall also be constructed by methods and practices that minimize flood and flood-related damages. (ii) All buildings or structures shall be constructed with electrical, heating, ventilation, plumbing, air conditioning equipment, and other service facilities that are designed and/or located so as to prevent water from entering or accumulating within the components during conditions of flooding. (c) Drainage Within Zones AO and AH, adequate drainage paths around structures on slopes shall be required in order to guide floodwaters around and away from proposed structures. (d) Water Supply and Sanitary Sewer Systems (i) All new or replacement water supply and sanitary sewer systems shall be located, designed, and constructed to minimize or eliminate flood damages to such systems and the infiltration of floodwaters into the systems. (ii) All new or replacement sanitary sewage systems shall be designed to minimize or eliminate discharge from the system into floodwaters. (iii) On-site waste disposal systems shall be located and designed to avoid impairment to them or contamination from them during flooding. (e) Other Utilities All other utilities such as gas lines, electrical, telephone, and other utilities shall be located and constructed to minimize or eliminate flood damage to such utilities and facilities. (f) Storage of Materials (i) The storage or processing of materials that are in the time of flooding buoyant, flammable, explosive, or could be injurious to human, animal, or plant life is prohibited. (ii) The storage of other material or equipment may be allowed if not subject to major damage by floods and firmly anchored to prevent flotation or if readily removable from the area within the time available after flood warning. (g) Recreational Vehicles Recreational vehicles to be placed on sites within the floodplain shall: (i) Be on site for fewer than 180 consecutive days; (ii) Be fully licensed and ready for highway use, which shall mean it is on its wheels or jacking system, is attached to the site by only quick-disconnect type utilities and security devices, and no permanently attached additions; or (iii) Meet the permit requirements and the elevation and anchoring requirements for manufactured homes of this ordinance. (h) Subdivisions Subdivision proposals and other proposed new development, including manufactured home parks or subdivisions, shall require assurance that: (i) All such proposals are consistent with the need to minimize flood damage; (ii) All public utilities and facilities such as sewer, gas, electrical, and water systems are located, elevated, and constructed to minimize or eliminate flood damage; (iii) Adequate drainage is provided so as to reduce exposure to flood hazards; and (iv) Proposals for development (including proposals for manufactured home parks and subdivisions) of five (5) acres or fifty (50) lots, whichever is less, where base flood elevation data are not available, shall be supported by hydrologic and hydraulic analyses that determine base flood elevations and floodway information. The analyses shall be prepared by a licensed professional engineer in a format required by FEMA for Conditional Letters of Map Revision and a Letters of Map Revision. (F) Nonconforming Use (1) A structure or use of a structure or premises that was lawful before the passage or amendment of this ordinance, but that is not in conformity with the provisions of this ordinance may be continued subject to the following conditions: (a) If such use is discontinued for 6 consecutive months, any future use of the building premises shall conform to this ordinance. The Utility Department shall notify the zoning administrator in writing of instances of nonconforming uses where utility services have been discontinued for a period of 6 months. (b) Uses or adjuncts thereof that are or become nuisances shall not be entitled to continue as nonconforming uses. (2) If any nonconforming use or structure is destroyed by any means, including flood, it shall not be reconstructed if the cost is more than 50% of the market value of the structure before the damage occurred except that if it is reconstructed in conformity with the provisions of this ordinance. This limitation does not include the cost of any alteration to comply with existing state or local health, sanitary, or safety code or regulations or the cost of any alteration of a structure listed on the National Register of Historic Places, provided that the alteration shall not preclude its continued designation. (G) Amendments (1) The regulations, restrictions, and boundaries set forth in this ordinance may from time to time be amended, supplemented, changed, or appealed to reflect any and all changes in federal, state, or local regulations provided, however, that no such action may be take until after a public hearing in relation thereto, at which citizens and parties in interest shall have an opportunity to be heard. Notice of the time and place of such hearing shall be published in a newspaper of general circulation in the City of Geneva. At least 10 days shall elapse between the date of this publication and the public hearing. (2) A copy of such amendments will be provided to the Nebraska Department of Natural Resources and the Federal Emergency Management Agency for review and approval before being adopted. (H) Definitions Unless specifically defined below, words or phrases used in this ordinance shall be interpreted so as to give them the meaning they have in common usage and to give this ordinance it’s most reasonable application: Appurtenant Structure shall mean a structure on the same parcel of property as the principal structure, the use of which is incidental to the use of the principal structure. Also shall be known as “accessory structure.” Area of Shallow Flooding means 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. Base Flood means the flood having one (1) percent chance of being equaled or exceeded in any given year. Base Flood Elevation means the elevation to which floodwaters are expected to rise during the base flood. Basement means any area of the building having its floor subgrade (below ground level) on all sides. Building means “structure.” See definition for “structure.” Critical Facility means any property that, if flooded, would result in severe consequences to public health and safety. Critical facilities include, but are not limited to: facilities that produces, use, or store hazardous materials; hospitals, nursing homes, and housing likely to contain vulnerable populations; emergency support function facilities like police stations, fire stations, vehicle and equipment storage facilities, and emergency operations centers; public and private utility facilities vital to maintaining or restoring normal services to flooded areas before, during, and after a flood. Development means any man-made change to improved or unimproved real estate, including but not limited to the construction, reconstruction, renovation, repair, expansion or alteration of buildings or other structures; the placement of manufactured homes; streets and other paving; utilities; filling, grading, and excavation; mining; dredging; drilling operations; storage of equipment or materials; or obstructions. Drainway means “watercourse.” See definition for “watercourse.” Existing Manufactured Home Park or Subdivision means a manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured 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 Manufactured Home Park or Subdivision means the preparation of additional sites by the construction of facilities for servicing the lots on which the manufactured 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). Flood or Flooding means a general and temporary condition of partial or complete inundation of normally dry land areas. Flood Fringe is 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) means 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) is 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 means 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 means 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 means 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. Freeboard means 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. Highest Adjacent Grade means the highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure. Historic Structure means any structure that is: (a) 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; (b) Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district; (c) 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 (d) Individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified either: (1) By an approved state program as determined by the Secretary of the Interior or (2) Directly by the Secretary of the Interior in states without approved programs. Lowest Floor means 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 or modified so as to render the structure in violation of the applicable non-elevation design requirements of this ordinance. Manufactured Home means a structure, transportable in one or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when attached to the required utilities. The term “manufactured home” does not include a “recreational vehicle”. Manufactured Home Park or Subdivision means a parcel (or contiguous parcels) of land divided into two or more manufactured home lots for rent or sale. 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 Manufactured Home Park or Subdivision means a manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured 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. Obstruction means any wall, wharf, embankment, levee, dike, pile, abutment, projection, excavation (including the alteration or relocation of a watercourse or drainway), channel rectification, bridge, conduit, culvert, building, stored equipment or material, wire, fence, rock, gravel, refuse, fill, or other analogous structure or matter which may impede, retard, or change the direction of the flow of water, either in itself or by catching or collecting debris carried by such water, or that is placed where the natural flow of the water would carry such structure or matter downstream to the damage or detriment of either life or property. Dams designed to store or divert water are not obstructions if permission for the construction thereof is obtained from the Department of Natural Resources pursuant to the Safety of Dams and Reservoirs Act (Nebraska Revised Statutes 46-1601 to 46-1670 as amended). Overlay District is a district in which additional requirements act in conjunction with the underlying zoning district(s). The original zoning district designation does not change. Post-FIRM Structure means 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 September 16, 2004, whichever is later. Pre-FIRM Structure means 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 September 16, 2004, whichever is later. Principally Above Ground means that at least 51 percent of the actual cash value of the structure is above ground. Recreational Vehicle means a vehicle which is (i) built on a single chassis; (ii) 400 square feet or less when measured at the largest horizontal projections; (iii) designed to be self-propelled or permanently towable by a light duty truck; and (iv) designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use. Regulatory Flood Elevation means the base flood elevation (BFE) plus a freeboard factor as specified in this ordinance. Special Flood Hazard Area (SFHA) is the land in the floodplain within a community subject to one percent or greater chance of flooding in any given year. Start of Construction means the date the floodplain development permit was issued, provided the actual start of construction, repair, reconstruction, rehabilitation, addition, placement, or other improvement was within 180 days of the permit date. “Start of construction” also includes substantial improvement, and means the date the building permit was issued, provided the actual start of construction, repair, reconstruction, rehabilitation, addition, placement, or other improvement was within 180 days of the permit date. The actual start means the first placement of permanent construction of a structure on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation; or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading and filling; nor does it include the installation of streets and/or walkways; nor does it include excavation for a basement, footings, piers, or foundations or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. For a substantial improvement, the actual start of construction means the first alteration of any wall, ceiling, floor, or other structural part of a building, whether or not the alteration affects the external dimensions of the building. Structure means a walled and roofed building that is principally above ground, as well as a manufactured home and a gas or liquid storage tank that is principally above ground. Subdivision means the division or re-division of a lot, tract, or parcel of land by any means into two or more lots, tracts, parcels, or other divisions of land including changes in existing lot lines for the purpose, whether immediate or future, of lease, partition by the court for distribution to heirs or devisees, transfer of ownership, or building or lot development. Substantial Damage means damage of any origin sustained by a structure whereby the cost of restoring the structure to its before-damage condition would equal or exceed 50 percent of the market value of the structure before the damage occurred. Substantial Improvement means any reconstruction, rehabilitation, addition, or other improvement of a structure, the cost of which equals or exceeds 50 percent of the market value of the structure before "start of construction" of the improvement. This includes structures which have incurred "substantial damage," regardless of the actual repair work performed. The term does not, however, include either (1) any project for improvement of a structure to correct existing violations of state or local health, sanitary, or safety code specifications which have been identified by the local code enforcement official and which are the minimum necessary to assure safe living conditions, or (2) any alteration of a "historic structure," provided that the alteration will not preclude the structure's continued designation as a "historic structure." Variance is a grant of relief to an applicant from the requirements of this ordinance that allows construction in a manner otherwise prohibited by this ordinance where specific enforcement would result in unnecessary hardship. Violation means a failure of a structure or other development to be fully compliant with the community’s floodplain management regulations. A structure or other development without the Elevation Certificate, other certifications, or other evidence of compliance required in this ordinance is presumed to be in violation until such time as that documentation is provided. Watercourse means any depression two feet or more below the surrounding land that serves to give direction to a current of water at least nine months of the year and that has a bed and well-defined banks.  Ord 1137, passed 12-21-2020