Pursuant to state statutes, it shall be the purpose of the Planning Commission to recommend the boundaries of the various original districts and appropriate regulations to be enforced therein.

The Commission shall make a preliminary report and hold public hearings thereon before submitting its final report, and the City Council shall not hold its public hearings or take action until it has received the final report of the Commission.

No such regulation, restriction, or boundary shall become effective until after a public hearing in relation thereto, at which parties in interest and citizens shall have an opportunity to be heard. Notice of the time and place of such hearings shall be given by publication thereof in a paper of general circulation in the City at least one (1) time ten (10) days prior to such hearing.

The provisions of this chapter shall apply within the corporate limits of the City of Grand Island, Nebraska, and within the territory beyond said corporate limits as now or hereafter fixed, for a distance of two (2) miles, as established on the map entitled "The Official Zoning Map of the City of Grand Island, Nebraska", and as may be amended by subsequent annexation.

In their interpretation and application, the provisions of this chapter shall be held to be minimum requirements, adopted for the promotion of the public health, safety, morals, or general welfare. Whenever the provisions of this chapter require a lower height of building or lesser size of yards, courts or other spaces, or require a lower height of building or lesser number of stories, or require a greater percentage of lot to be left unoccupied, or impose other higher standards than are required in any other regulation, the provisions of this chapter shall govern. Wherever the provisions of any other regulation requires a greater width or size of yards, courts, or other open spaces, or requires a lower height of building or a lesser number of stories, or require a greater percentage of lot to be left unoccupied, or impose other higher standards than are required by the provisions of this chapter, the provisions of such chapter shall govern.

No structure or land shall hereafter be reused and no structure or part thereof shall be erected, moved or altered unless for a use expressly permitted by and in conformity with the regulations herein or as specified within the zoning district in which it is located, except that any structure damaged or destroyed may be restored if such structure does not involve a non-conforming use.

Every structure hereafter erected, reconstructed, converted, moved or structurally altered shall be located on a lot or lot of record and in no case shall there be more than one (1) principal building on a lot unless otherwise provided.

Every building hereafter erected, reconstructed, converted, moved or structurally altered shall be located on a lot or lot of record and in no case shall there be more than one (1) principal building on a lot unless otherwise provided.

Obstructions on corner lots that impede vision in the sight triangle are prohibited. The requirements of this section shall not be deemed to prohibit any necessary retaining wall.

1. Yard requirements shall be set forth under the Schedule of Lot, Yard, and Bulk Requirements for each zoning district. Front, side and rear yards shall be provided in accordance with the regulations hereinafter indicated and shall be unobstructed from the ground level to the sky, except as herein permitted.
2. All accessory buildings that are attached to principal buildings (e.g., attached garages) shall comply with the yard requirements of the principal building, as otherwise specified.
3. Front Yard. There shall be a front yard setback as required herein, provided, that where fifty percent or more of the frontage on one street in any block is built up with buildings, no new building setback shall be less than either the required setback or the setback of any existing building which next exceeds the required setback, whichever is greater. This regulation shall not require a setback of more than 50 feet, and in blocks where the lots have a street frontage of 100 feet or more the regulation shall not require a setback of more than 30 feet.
4. Side Yard. Any interior side yard may be reduced to zero; provided, that the opposite side yard meets the required interior side yard setback. Where the zero side yard setback is used, the abutting property must be held under the same ownership at the time of initial construction or the owners of the abutting property must be agreeable to the zero setback. A separation of not less than ten (10) feet shall be provided between adjacent structures on abutting sites where the zero side yard setback is utilized. This requirement shall not apply in an RD Zone or where the same interior property line is utilized for zero side yard construction on both properties.
   
   For the purpose of upkeep and repair of structures located on an interior property line, a four (4) foot maintenance easement shall be recorded between the owner of the property containing said structure and the owner of the property upon which entry must take place in order to perform maintenance activities. Such easement shall be an irrevocable covenant and shall run with the land. Proof of said recorded easement shall be submitted to the Building Department prior to issuance of a building permit.
   

(Amended by Ordinance No. 8947, effective 01-05-2005) (Amended by Ordinance No. 9294, effective 05-31-2011) (Amended by Ordinance No. 9689, effective 06-12-2018) (Amended by Ordinance No. 9797, effective 11-11-2020)

Through Lots shall follow the following criteria:

1. Where a through lot abuts a major thoroughfare and access is made from the other frontage street and access along said thoroughfare is restricted, the rear yard setback for fences and screening devices shall be zero feet. The rear yard setback for accessory buildings shall follow the prescribed setback within the zoning district.
2. Where a through lot is part of a triple frontage lot and abuts a major thoroughfare, the rear yard shall meet the standards of §36-23(A), while the other two frontages shall be treated as a corner lot with a front yard setback and a street side yard setback.
3. Where a through lot occurs, other than along a major thoroughfare, the following shall apply:
   1. Where all principal structures in the development face the same frontage, then the rear yard setback for fences and screening shall be zero feet and all accessory buildings shall meet the prescribed setback within the zoning district. This shall apply similarly at triple frontage lots, provided the remaining two frontages are treated like a typical corner lot.
   2. Where principal structures face different directions along both frontages, the rear yard setback for fences and screening shall be the same as any prescribed rear yard setback within the zoning district. This shall apply similarly at triple frontage lots, provided the remaining two frontages are treated like a typical corner lot. All accessory buildings in this condition, shall comply with the minimum rear yard setbacks rather than the reduced setback allowed for accessory buildings.

(Amended by Ordinance No. 8947, effective 1-5-2005)

The planning director and chief building official together are hereby authorized and directed to enforce the provisions of this code. The planning director and building official together shall have the authority to render interpretations of this code to adopt policies and procedures in order to clarify the application of its provisions. Such interpretations, policies and procedures shall be in compliance with the intent and purpose of this code. Such policies and procedures shall not have the effect of waiving requirements specifically provided for in this code.

(Amended by Ordinance No. 9294, effective 05-31-2011)

The following shall not be considered to be obstructions when located in the required yards:

1. All Yards. Steps and accessibility ramps used for wheelchair and other assisting devices which are four (4) feet or less above grade which are necessary for access to a permitted building or for access to a lot from a street or alley; chimneys and window wells projecting twenty-four (24) inches, window wells for escape windows thirty-six (36) inches or less into the yard; approved freestanding signs; arbors and trellises; flag poles; window unit air conditioners projecting not more than eighteen (18) inches into the required yard; and fences or walls subject to applicable height restrictions are permitted in all yards.
2. Front Yards. Bay windows projecting three (3) feet or less into the yard are permitted.
   Rear and Side Yards. Open off-street parking spaces or outside elements of central air conditioning systems.
3. Building Groupings. For the purpose of the side yard regulation a group of business or industrial buildings separated by a common party wall shall be considered as one (1) building occupying one (1) lot.

(Amended by Ordinance No. 8947, effective 1-5-2005) (Amended by Ordinance No. 9871, effective 2-9-2022)

1. Cornices, eaves, canopies, belt courses, sills, ornamental features, and other similar architectural features may project not more than one (1) foot into any required yard or into any required open space, except that eaves may encroach three (3) feet into a yard when such yard is ten (10) feet or more in width, provided that such required yard or open space meets the current minimum yard standards.
2. Open, uncovered porches or terraces may extend three feet into any required side yard, ten feet into any required front yard, and any distance into any required rear yard. No railing or other barrier higher than 42 inches shall be placed on such porch or terrace within five feet of any property line except as provided within this ordinance. Any such porch or terrace located on a lot at the intersection of two streets or a street and an alley shall comply with the provisions designed to insure proper sight distances as set forth in this chapter for fences and hedges. A covered porch or terrace, not exceeding sixty square feet, may extend a maximum of six feet into the required front or rear yard, provided, such porch or terrace shall not be enclosed except by a railing or other barrier as previously mentioned.
3. Provided further, that no railing or other barrier shall be placed around such deck or porch in a rear yard or side yard and no such barrier which interferes appreciably (more than twenty-five (25) percent) with the passage of light or air shall be constructed within the required front yard or within five (5) feet of any side or rear yard lot line. Any such deck or porch when located on a lot at the intersection of two (2) streets or a street and an alley, shall comply with the provisions designed to ensure proper sight distances as set forth in this code for fences and hedges. Any side yard on a corner lot when such yard is twenty (20) feet or more in width, may be considered as a front yard for purposes of determining permitted encroachments as provided herein.
4. Vertical supports shall meet the City’s Building Code.

(Amended by Ordinance No. 8976, effective 06-08-2005) (Amended by Ordinance No. 9202, effective 02-15-2009)

The height limitations of this chapter shall not apply to:

Belfries

Chimneys

Church Spires

Conveyors

Cooling Towers

Elevator Bulkheads

Fire Towers

Water Towers and Standpipes

Flag Poles

Mechanical Penthouses

Public Monuments

Ornamental Towers and Spires

Radio and Television

Towers less than 100 feet in height

Silos

Smoke Stacks

Stage Towers or Scenery Lots

Tanks

Air-Pollution Prevention Devices

Helistop, Heliports, Helipads

When permitted in a zoning district, public or semi-public service buildings, hospitals, institutions, or schools may be erected to a height not exceeding seventy-five (75) feet when each required yard line is increased by at least one (1) foot for each one (1) foot of additional building height above the height regulations for the zoning district in which the building is located.

No basement or cellar shall be occupied for residential purposes until the remainder of the building has been substantially completed.

The lawful use of land or buildings existing on June 30, 1969, although such does not conform to the provisions hereof, may be continued except as provided herein, but if continuous operation is suspended, ceased or discontinued for a period of twelve months, any further use of said land or buildings shall be in conformity with the provisions of this chapter.

No structural alterations shall be made to any building which will increase its degree of nonconformity except as may be ordered or required by law, ordinance or regulations. This shall not be construed to prohibit maintenance and repair work necessary to keep a building in sound condition.

If no structural alterations are made, a nonconforming use of a building may be changed to a different use if that use is more conforming in nature. No use or building shall be permitted to increase the degree of nonconformity. The principal permitted uses listed under a specific zoning district shall be interpreted to have the same degree of nonconformity in applying this chapter. A residential use located in an industrial zone shall be interpreted as having a high degree of nonconformity.

Any nonconforming building which has been damaged by fire, flood, wind, riot, or any other cause to an extent of more than fifty percent of its replacement value exclusive of land and foundation, at the time of such damage or destruction, shall not be reconstructed except in conformance with the provisions of this chapter. If damage is less than fifty percent, it may be restored and used as before, provided, that such restoration is commenced within twelve months. If construction is not commenced within twelve months, the use of such land or building shall thereafter conform with the provisions of this chapter.

A building, structure or portion thereof, all or substantially all of which is designed or intended for a use which is not permitted in the zoning district in which it is located, which is, or hereafter becomes, vacant and remains unoccupied or is not used for a continuous period of twelve months, shall be conclusively presumed to have been discontinued and abandoned as a nonconforming use, and shall not thereafter be occupied or used except by a use which conforms to the use regulations of the zoning district in which it is located.

The city council may, when it deems proper, permit repairs, alterations, extensions, expansions, and the remodeling or rebuilding of such structures or extensions or expansions of a land use in all cases where a refusal to do so would bring hardship to the owner or occupants and in all cases where justice requires the granting of the same. The city council may attach appropriate conditions to the granting of any such relief. Whenever a use district shall be hereafter changed, any then existing nonconforming use in such changed district may be continued or changed to a use permitted in that zoning district, provided, all other regulations governing the new use are complied with.

All fees for any zoning or subdivision related action shall be required prior to the issuance or investigation of any said permit request. Fees shall be as set out in the City of Grand Island Fee Schedule.

For the purposes of this section, the following definitions shall apply:

Definitions.

Portable storage unit shall mean any container designed for the storage of personal property which is typically rented to owners or occupants of residential (single or multi-family) property for their temporary use and which is delivered and removed by truck.

Site shall mean a piece, parcel, tract, lot, or plot of land occupied or to be occupied by one or more residential buildings or uses and their accessory buildings and accessory uses which generally considered to be one unified parcel.

There shall be no more than one portable storage unit per site no larger than eight (8’) feet wide, twenty (20’) feet long and eight (8’) feet high. No portable storage unit shall remain at a site in a residential district in excess of fifteen (15) consecutive days.

The building official may permit the placement of a portable storage container on a residential property for more than twenty-one (21) days, subject to the building setback requirements, provided that the property owner has a valid building permit or had demonstrated that extenuating circumstances exist to justify the extension. Extenuating circumstances shall include but not be limited to, disaster such as tornado, flood or fire.

Portable storage units shall be placed only in the driveway or back yard and be set back a minimum of ten (10’) feet from the front property line or five (5’) feet from the rear property line.

Signs on any portable storage container shall not exceed two (2) in number not more than six (6’) square feet each, not to exceed one (1) per side. In the event that an extension of the twenty-one (21) day time limit for placement of a portable storage container on a residential property is granted by the building official, all signs must be removed or covered.

All portable storage containers must include a “placard” not to exceed one (1) square foot in area which is clearly visible from the right-of-way which includes the container identification number, date of its placement on the property, date that removal will be required, and a local or toll free telephone number of the company.