1. No building or land shall hereafter be used or occupied and no building or structure or part thereof shall be erected, moved, or structurally altered except in conformity with the regulations of this chapter, or amendments thereto, for the district in which it is located, except upon special exception of the City Council as hereinafter provided.
2. No building shall hereafter be erected or altered so as to exceed the height limit or to exceed the density regulations of this chapter for the district in which it is located, except upon special exception of the City Council as hereinafter provided.
3. No lot, even though it may consist of one or more adjacent lots of record, shall be reduced in size so that the lot width or depth, front, side or rear yards, lot area per family, or other requirements of this chapter are not maintained except upon special exception of the City Council as hereinafter provided. This prohibition shall not be construed to prevent the condemnation of narrow strips of land for public utilities or street right-of-way purposes.
4. No part of a yard or other open space required in connection with any building or structure for the purpose of complying with the provisions of this chapter shall be included as a part of a yard or other open space similarly required for another building or structure except upon special exception of the City Council as hereinafter provided.
5. Only one principal building and its customary accessory buildings may hereafter be erected on any lot except upon special exception of the City Council as hereinafter provided.
6. No building or use of land for other than agricultural purposes shall be established on a lot that does not abut a public street except upon special exception of the City Council as hereinafter provided.
   (Neb. RS 19-902, 19-904.01) ('84 Code, § 11-401) (Ord. 499, passed 9-19-88) Penalty, see § 152.999
   

1. Upon application, pursuant to the provisions of this chapter and the rules and procedures of the City Council, the Council shall grant or refuse special exceptions in accordance with the standards of this subchapter and the intent of this chapter.
2. In granting any special exceptions, the City Council shall authorize the issuance of a zoning certificate and may prescribe and impose appropriate conditions and safeguards, including a specified time limit for the zoning certificate.
   1. Standards. Classified special exceptions shall be authorized only if they meet the following standards:
      1. Fire hazard. The use shall not include any activity involving the use or storage of flammable or explosive material unless protected by adequate fire-fighting and fire-suppression equipment and by such safety devices as are normally used in the handling of any such material.
      2. Noise. The use shall not include noise which is objectionable due to volume, frequency, or beat unless muffled or otherwise controlled.
      3. Vibration. The use shall not include vibration which is discernible without instruments on any adjoining lot or property.
      4. Air pollution. The use shall not involve any pollution of air by flying ash, dust, vapors, or other substances which are harmful to health, animals, vegetation, or other property or which can cause soiling, discomfort, or irritation.
      5. Odors. The use shall not involve any malodorous gas or matter which is discernible on any adjoining lot or property.
      6. Glare. The use shall not involve any direct or reflected glare that is visible from any adjoining property or from any public street, road, or highway.
      7. Traffic hazard. The use shall not involve any activity substantially increasing the movement of traffic on public streets unless procedures are instituted to limit traffic hazards and congestion.
      8. Overtaxing of public utilities and facilities. The use shall not involve any activity substantially increasing the burden on any public utilities or facilities, unless provision is made for any necessary adjustments.
      9. Character of neighborhood. The use shall not involve any activity not in character with the majority of the uses in the neighborhood unless, by design, setback, nature of operation, and other devices, the character of the neighborhood will be maintained.
      10. General welfare of the community. The use shall not involve any activity which adversely affects the general welfare of the community.
   2. Special uses. The Board of Adjustment, subject to conditions and protective restrictions as set forth in division (A) of this section may authorize the following special uses in any zoning district:
      1. Radio, TV, electric and telephone transmission towers.
      2. Expansion of railroads and appurtenances.
      3. Removal of gravel, topsoil, or similar natural material with safeguards for the protection of adjoining property and the community as a whole.
      4. Roadside stands, commercial amusements, or recreational developments for temporary or seasonal periods.
      5. General agriculture.
         (Neb. RS 19-907) ('84 Code, § 11-402)(Ord. 448, passed 8-2-82; Am. Ord. 499, passed 9-19-88; Am. Ord. 707, passed 12-21-98) Penalty, see § 152.999

Where the owner of a lot of official record in any district at the time of the adoption of this chapter or his successor in title thereto does not own sufficient contiguous land to enable him to conform to the minimum lot size requirements of this chapter, such lot may be used as a building site provided that the lot requirements are not reduced below the minimums specified in this chapter by more than 20%. If, however, the owner of two or more adjoining lots with insufficient land dimensions decides to build on or sell the lots, he must first combine the lots to comply with the dimensional requirements of the chapter. Any lot requiring dimensional variances below the 20% minimum set forth in this section shall be approved by the Board of Adjustment provided that further decreased dimensional requirements shall conform as closely as possible to the required dimensions.
(Neb. RS 19-901) ('84 Code, § 11-403)

The front yard depth requirements of this chapter for dwellings shall not apply to any lot where the average setback of existing buildings located wholly or partially within 100 feet on either side of the proposed dwelling, is less than the minimum required front yard depth; provided, the buildings are on the same side of the same block, in the same use district, and fronting on the same street as the lot. In such case the setback on such lots may be less than the required setback, but not less than the average of the existing setbacks on the aforementioned lots, or a distance of ten feet from the street right-of-way line, whichever is greater.
(Neb. RS 19-901) ('84 Code, § 11-404)

The required side yard shall be maintained on each side of a dwelling, but such side yard may be reduced to 10 % of the lot width on lots of less than 60 feet in width; provided however, that no side yard shall be less than five feet. For the purpose of side yard regulations, a two-family, or multiple-family dwelling shall be considered as one building occupying one lot. An accessory building may be built within two feet of a foundation or one foot of any projection on the side or rear lot line in the rear yard area only, but must conform to setback requirements for dwellings when constructed in the side or front yard areas. An accessory building may not be built within ten feet of any structure on an adjoining property.
(Neb. RS 19-901) ('84 Code, § 11-405) Penalty, see § 152.999

The required rear yard may be reduced to 20% of the depth of the lot on any lot not exceeding 100 feet in depth; provided, however, that no rear yard depth shall be less than five feet.
(Neb. RS 19-901) ('84 Code, § 11-406) (Ord. 499, passed 9-19-88; Am. Ord. 837, passed 11-4-02)

Every part of a required yard or court shall be open from its lowest point to the sky unobstructed, except:

1. The ordinary projection of sills, eaves, belt courses, cornices, and ornamental features may be permitted, but not to exceed more than 24 inches in any required yard.
2. An open, uncovered porch or paved terrace may extend not more than ten feet into any required yard and not closer than five feet to any lot line.
3. Open or enclosed fire escapes, fireproof outside stairways, and balconies may be permitted, but may not project into a yard or court for more than 50% of the required yard.
   (Neb. RS 19-901) ('84 Code, § 11-407) (Ord. 499, passed 9-19-88)

On corner lots, the side yard on that side of the lot abutting the side street shall not be less than 25 feet. Accessory buildings on the side of the lot abutting the side street shall not be closer to the lot line abutting on that side street than the distance specified for front yards of lots fronting on such side street, except upon special exception of the City Council in regards to buildings placed upon the lot at diagonals.
(Neb. RS 19-901) ('84 Code, § 11-408) (Ord. 499, passed 9-19-88; Am. Ord. 651, passed 6-3-96)

On a corner lot in any residential district, no planting, structure, sign, fence, wall, or obstruction to vision between the range of three feet and eight feet in height measured from the center line of the street shall be placed or maintained within the triangular area formed by the intersecting street right-of-way lines and a straight line connecting points on the right-of-way lines each of which is 35 feet distance from the point of intersection.
(Neb. RS 19-901) ('84 Code, § 11-409) Penalty, see § 152.999

1. The height limitations of this chapter shall not apply to chimneys, cooling or water towers, elevators, bulkheads, fire towers, monuments, stacks, storage towers, tanks, spires, church steeples, radio towers, or necessary mechanical apparatus, except as otherwise provided in the vicinity of airports.
2. Public, semi-public, or public service buildings, hospitals, institutions, churches, and schools, when permitted in a district, may be erected to a height not exceeding 70 feet; provided, that all required yards are increased by one foot for each foot of building height above the height limit otherwise provided.
   (Neb. RS 19-901) ('84 Code, § 11-410)
   

In the case of two or more buildings to be constructed on a plot of ground of at least two acres not subdivided into the customary streets and lots and which will not be so subdivided, the application of the terms of this chapter may be varied by the City Council in a manner that will be in harmony with the character of the neighborhood provided:

1. Such uses are limited to those permitted within the zoning district in which the project is located;
2. The overall intensity of land use is no higher, and the standard of open space is no lower than that permitted in the district in which the project is located;
3. The distance of every building from the nearest property line shall meet the front, side, and rear yard requirements of the district in which the project is located;
4. If the property lies within or abuts upon a residential district and is to be used for a nonresidential purpose, there shall be a densely planted buffer strip at least ten feet in height along the rear and/or side lot lines abutting the residential properties. No such buffer shall, however, extend nearer to a street right-of-way line than the established building line of the adjoining residential lot.
   (Neb. RS 19-910) ('84 Code, § 11-411) (Ord. 499, passed 9-19-88) Penalty, see § 152.999

1. Use for dwelling. Accessory buildings shall not be used for dwelling purposes unless specifically permitted.
2. Size limitations. Accessory buildings are intended to remain secondary in nature to the primary building or structure on the parcel or tract of land in which they are located. The maximum amount of accessory buildings shall be limited to two structures. Accessory buildings in all residential districts shall meet the following additional requirements:
   1. The maximum total square footage of all accessory buildings shall be as follows:
      
      

      Zone	Zoning Description	Maximum Accessory Building Square Feet
      R-1	Single Family	1,200
      R-1	Two Family	1,200
      R-2	Single and Multiple Family	1,200
      C-1	Central Business District	1,200
      C-2	Highway Commercial	No Limit
      I-1	Industrial	No Limit
      I-2	Industrial Park	No Limit
      NRC	Single Family	No Limit
      NRC	Two Family	No Limit
      NRC	Multi-Family Dwelling	No Limit
      NRC	Commercial	No Limit
      NRC	Other Uses	No Limit

   2. The combined square footage area of the primary and accessory buildings shall not exceed the maximum allowable lot coverage area as allowed by the zoning classification in which the buildings are located.
   3. The maximum allowable building height of an accessory building shall be as follows Calculated as a vertical distance measured from the average elevation of the finished grade of the building to the highest point of the structure.
      
      

      Zone	Zoning Description	Accessory Building Height (feet)
      R-1	Single Family	20
      R-1	Two Family	20
      R-2	Single and Multiple Family	20
      C-1	Central Business District	***
      C-2	Highway Commercial	***
      I-1	Industrial	***
      I-2	Industrial Park	***
      NRC	Single Family	No Limit
      NRC	Two Family	No Limit
      NRC	Multi-Family Dwelling	No Limit
      NRC	Commerical	No Limit
      NRC	Other Uses	No Limit
      *** Maximum height no more than the primary building

   4. No accessory structure shall be constructed without a primary building or structure. No accessory building shall remain if the primary structure is removed or demolished.
3. Type of accessory building limitation. An accessory building shall not be constructed of or be parts of the following items unless specifically permitted by the governing body after recommendation of the Planning Commission and public hearing of the governing body after published notice and certified return receipt notice to the immediate neighbors of the proposed accessory building:
   1. Mobile homes.
   2. Trailer houses.
   3. Round grain bins.
   4. Truck bodies.
   5. Van trailers.
   6. Pickup toppers.
   7. Any vehicle including but not limited to cars, pickups, vans, SUV's or trucks.
   8. Buses.
   9. Wagons.
   10. Van trucks.
   11. Recycled or salvaged materials unless structure meets all building codes and the exterior siding shall be of new materials - logs, bricks, cement blocks, non-rusted sheet metal or recomposed plastic are exempt from the need of new material exterior siding.
   12. Mobile storage containers including but not limited to sea containers, cargo containers, shipping containers, dry van containers and any other storage containers.
4. Vehicle access. Unless otherwise specifically permitted, any accessory building requiring vehicle access from an alley way shall be located a minimum of 15 feet from the rear property line.
5. Attached accessory building. Any accessory building attached to the principal building shall be considered as a part of the principal building and shall meet the same requirements as specified for the principal building in the district. Thus, attached accessory buildings are exempt from this subchapter.
6. Fire hazardous accessory uses. No accessory use shall be located within ten feet of a residential dwelling that creates a fire hazard or would subject the residential structure to a potential fire, such as a detached fireplace, barbecue ovens, flammable liquid storage, and the like.
7. Yard requirements for accessory buildings.
   1. Side yard. Same as district in which accessory use is located except an accessory building may be located in the side yard as close as five feet to the property line and/or ten feet from any other building, whichever is greater, providing it is located between the rear building line of the principal building and the rear property line and no building shall be located within any easement or right-of-way.
   2. Front yard. No accessory building shall be located between the front building line of the principal building and the front property line.
   3. Rear yard. Unless specifically permitted, no accessory building shall be located closer than five feet from the rear property line and/or within ten feet of any other building, whichever is greater and no accessory building shall be located within any easement or right-of-way along the rear property line. If the accessory building requires vehicular access perpendicular to an alley, a minimum 15-foot access driveway is required between said accessory building and the alley.
   4. Rear half of yard. No accessory building shall be located in the front half of the building lot if no primary building is currently on the lot.
      ('84 Code, § 11-412) (Ord. 707, passed 12-21-98; Am. Ord. 785, passed 1-2-01; Am. Ord. 836, passed 11-4-02; Am. Ord. 927, passed 3-5-07; Am. Ord. 970, passed 1-18-10) Penalty, see § 152.999
      

1. Salvage or junk yard operations and related facilities shall only be allowed by special permit in the AG Zoning District under the following conditions:
   1. Located on a tract of land at least one-fourth mile from a residential or agricultural farm residence.
   2. The operation shall be conducted wholly within a noncombustible building or within an area completely surrounded on all sides by a visual obscuring fence, wall or hedge. The fence, wall or hedge shall be of uniform height (at least eight feet high) and uniform texture and color shall be so maintained by the proprietor as to insure maximum safety to the public and preserve the general welfare of the neighborhood. The fence, wall or hedge shall be installed in such a manner as to retain all scrap, junk or other material within the yard and no scrap, junk or other material shall protrude above the fence.
   3. No junk shall be loaded, unloaded or otherwise placed, wither temporarily or permanently, outside the enclosed building, hedge, fence or wall, or within the public right-of-way.
   4. Any other requirements deemed appropriate and necessary by the City Council for the protection of the general health and welfare.
2. In making any decision granting a special use permit, the City Council shall impose such restrictions, terms, time limitations, landscaping, improvement of off-street parking lots, and other appropriate safeguards as required to protect adjoining property.
   ('84 Code, § 11-312) (Ord. 707, passed 12-21-98) Penalty, see § 152. 999
   

1. Except as otherwise provided in the City Code, fences, walls, and hedges are permitted in any required yard, provided that no fence, wall, or hedge along the sides or front edge of any front yard shall be erected over four feet in height. Hedges and walls up to four feet in height will be allowed in the front yard only upon application for a special permit and approval by the City Council.
   
2. The following regulations shall apply to the construction of all fences in the City of Geneva:
   
   1. The construction of a fence shall require a permit and shall be subject to such inspections as may be required by the City Administrator or designee.
      
   2. No fence shall be constructed closer to the street than the property line. It is the property owner’s responsibility to accurately locate property lines. A survey is recommended if the property lines cannot be readily determined by reference to existing survey stakes or markers. No fence shall be closer than eighteen inches to any sidewalk.
      
   3. Permitted types of fences for use in front yards shall include split rail or see-through design but shall not include chain-link fences. No component of a front yard fence shall exceed four feet in height, nor shall any structural member exceed three feet in cross-sectional area.
      
   4. No component of a fence in the side or rear yard shall exceed six feet in height.
      
   5. No fence erected in a required front yard shall materially obstruct public view. No fence shall be constructed which will constitute a traffic hazard as identified in the sight triangle of a corner lot. No fence shall be constructed in such a manner or be of such design as to be hazardous or dangerous to persons or animals by intent of its construction or by inadequate maintenance.
      
   6. No fence shall be constructed within a designated floodway.
      
   7. No component of a fence within Residential Districts, except fences erected upon public or parochial school grounds or in public parks and playgrounds, shall be constructed of a height greater than six feet.
      
   8. In Commercial and Industrial Districts, the maximum height of fences shall be eight feet;. however, when industry standards for certain types of businesses recommend fences of greater heights, the City may allow greater heights upon application for and approval of a special permit. (Am. Ord 1151, passed 7-5-2022)