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Grand Island City Zoning Code

ARTICLE 36

V Zoning Districts

36-50 Zoning Districts; Use

For the purpose of this chapter, the City of Grand Island and its extra-territorial jurisdiction is hereby divided into 27 zoning districts, designated as follows:

AG-1
Primary Agricultural Zone
AG-2
Secondary Agricultural Zone
AG-SC
Special Agricultural / Conservation Zone
AG-SE
Special Agricultural / Events Zone
AG-SI
Special Agricultural / Industrial Zone
SRC
Special Recreation / Conservation Zone
TA
Transitional Agricultural Zone
LLR
Large Lot Residential Zone
R-1
Suburban Residential Zone
R-2
Low Density Residential Zone
R-3
Medium Density Residential Zone
R3-SL
Medium Density Small Lot Residential Zone
R-4
High Density Residential Zone
RO
Residential Office Zone
B-1
Light Business Zone
B-2
General Business Zone
AC
Arterial Commercial Overlay Zone
B-3
Heavy Business Zone
ME
Industrial Estates Zone
M-1
Light Manufacturing Zone
M-2
Heavy Manufacturing Zone
M-3
Mixed Use Manufacturing Zone
CD
Commercial Development Zone
TD
Travel Development Zone
RD
Residential Development Zone
A
Airport Zone
GCO
Gateway Corridor Overlay District
M and MD
Manufactured Home Overlay Zone

(Amended by Ordinance No. 9706, effective 10-2-2018)

36-51 Zoning Districts; Boundaries

The boundaries of the zoning districts are hereby established as shown on the map entitled "Official Zoning Map of the City of Grand Island, Nebraska." Said map and all explanatory matters thereon accompany and are hereby made a part of this chapter as if fully written herein. The Official Zoning Map shall be identified by the signature of the Mayor, and attested by the City Clerk. No changes shall be made on the Official Zoning Map except as may be required by amendments to this chapter. Such changes shall be promptly indicated on the Official Zoning Map with the ordinance number, nature of change, and date of change noted on the map.

36-52 Rules For Interpretation Of Zoning District Boundaries

Where uncertainty exists as to the boundaries of zoning districts as shown on the Official Zoning Map, the following rules shall apply:

  1. Boundaries indicated as approximately following the center lines of streets, highways, or alleys shall be construed to follow such center lines;
  2. Boundaries indicated as approximately following platted lot lines shall be construed as following such lot lines;
  3. Boundaries indicated as approximately following City limits shall be construed as following such City limits;
  4. Boundaries indicated as following railroad lines shall be construed to be midway between the main tracks;
  5. Boundaries indicated as following shore lines shall be construed to follow such shore lines, and in the event of change in the shore line shall be construed as moving with the actual shore line; boundaries indicated as approximately following the center lines of streams, rivers, canals, lakes, or other bodies of water shall be construed to follow such center lines;
  6. Boundaries indicated as parallel to or extensions of features indicated herein shall be so construed. Distances not specifically indicated on the Official Zoning Map shall be determined by the scale of the map;
  7. Where physical or cultural features existing on the ground are at variance with those shown on the Official Zoning Map, or in other circumstances not covered herein, the Board of Adjustment shall interpret the district boundaries;
  8. Where a zoning district boundary line divides a lot which was in single ownership as of August 1, 2004, the Board of Adjustment may permit the extension of the regulations for either portion of the lot not to exceed fifty (50) feet beyond the zoning district line into the remaining portion of the lot.

36-53 Classification Of Zoning Districts And Conformance With The Comprehensive Development Plan

Areas annexed into the corporate limits of Grand Island shall be zoned to conform to the Comprehensive Development Plan.

36-54 (AG-1) Primary Agricultural Zone

Intent. The (AG-1) Primary Agricultural Zoning District regulations are intended to provide for the preservation of lands best suited for agricultural uses of all types including feed lots and the commercial feeding of livestock and accessory uses; to prevent encroachment of uses of land that could be mutually incompatible and continue to provide for agricultural uses as a major asset to the economy of the area of the use and conservation of agricultural land, to protect the value of such land, and to protect it from indiscriminate residential and urban development and other incompatible and conflicting land uses. The (AG-1) Primary Agricultural Zoning District is also intended to conserve and protect the value of open space, wooded areas, streams, mineral deposits and other natural resources and to protect them from incompatible land uses and to provide for their timely utilization. The zoning district intends to provide for the location and to govern the establishment and operation of land uses that are compatible with agriculture and are of such nature that their location away from residential, commercial and industrial areas is most desirable. In addition, to provide for the location and to govern the establishment of residential uses which are accessory to and necessary for the conduct of agriculture and to provide the location and to govern the establishment and use of limited non-agricultural residential uses. Such non-agricultural residential uses shall not be so located as to be detrimental to or conflict with other uses that are named as permitted or conditional uses in this zoning district and are appropriate to other property in the area.

The nature of the (AG-1) Primary Agricultural Zoning District and the uses allowed outright or by conditional use permit precludes the provision of services, amenities and protection from other land uses which are afforded to residential uses by the regulations of other zoning districts, and it is not intended that the (AG-1) Primary Agricultural Zoning District regulations afford such services, amenities and protection to residential uses located therein.

  1. Permitted Principal Uses. The following principal uses are permitted in the (AG-1) Primary Agriculture Zoning District:
    1. Agricultural operations, and the usual agricultural and farm buildings and structures, including the residences of owners and their families and any tenants and employees who are engaged in agricultural operations on the premises.
      1. State agencies shall govern all use of farm chemicals, including application of pesticides and herbicides, and applicants using restricted-use pesticides shall be required to be certified as required by law.
      2. The spreading of manure by a "farming" operation (as defined in §36-8 of this chapter)
      3. Agricultural operations having up to 1,000 animal units are considered a farm and are permitted by right, provided other requirements in this district are met and submission of a no-fee livestock registration permit to the Hall County Regional Planning Director is done.
      4. Operations having more than 301 animal units and up to 1,000 animal units shall locate at least 1,320 feet from a platted residential area, public park, recreational area, church, cemetery, religious area, school, and residential district.
    2. Ranch and farm dwellings, subject to §36-54(e)
    3. Recreational camps, parks, playgrounds, golf courses, country clubs, tennis courts, riding academies and other similar recreational uses
    4. Single family dwelling subject to §36-54(e)
    5. Utility substation, pumping station, water reservoir and telephone exchange
    6. Fire stations
    7. Churches, seminary and convent
    8. Public and parochial school; college
    9. Publicly owned and operated buildings and facilities such as community centers, auditoriums, libraries, museums
    10. Private kennels and facilities, provided that all buildings and facilities be at least one hundred feet from the property line and three hundred feet from any neighboring residence
    11. Roadside stands offering agricultural products for sale on the premises
    12. Seed and feed sales, machine repair shop, livestock equipment construction and sales, as a primary occupation in conjunction with an agricultural operation and be operated on the premises
    13. Farm and industrial equipment sales
    14. Public and private riding academies provided that no stable, building or structure in which horses or other animals are kept are no closer than one hundred (100) feet from the property line
    15. All other Permitted Uses as indicated as permitted within the Zoning Matrix [Attachment A hereto]
  2. Conditional Uses. The following uses are subject to any conditions listed in this chapter and are subject to conditions relating to the placement of said use on a specific tract of ground in the (AG-1) Primary Agricultural Zoning District:
    1. Bed and breakfast residence subject to the following conditions in addition to those imposed by the City Council
      1. The bed and breakfast residence shall be within a conforming single-family dwelling
      2. Guest rooms shall be within the principal residential building only and not within an accessory building
      3. Two (2) off-street parking spaces shall be provided for each dwelling unit plus one (1) off-street parking space for each sleeping room designated for guests. Such parking areas shall not be within the required front or side yards
      4. One (1) identification sign on not more than four (4) square feet of sign area shall be permitted
    2. Publicly and privately owned dude ranches, forest and conservation areas, and golf driving ranges, motorized cart tracks, or other outdoor recreational areas such as gun clubs, and archery, trap and skeet ranges
    3. Industrial uses as provided in the Zoning Matrix [Attachment A hereto] and provided the following minimum conditions are met:
      1. Meets minimum lot requirements as established in this chapter
      2. Meets minimum off-street parking requirements as established by this chapter
      3. The lot(s) take access from an improved county road or highway or are along a developed public or private road that accesses an improved county road or highway
    4. Commercial uses as provided in the Zoning Matrix [Attachment A hereto] and provided the following minimum conditions are met:
      1. Meets minimum lot requirements as established in this chapter
      2. Meets minimum off-street parking requirements as established by this chapter
      3. The lot(s) take access from an improved county road or highway or are along a developed public or private road that accesses an improved county road or highway
    5. All other Conditional Uses as indicated within the Zoning Matrix [Attachment A hereto], provided the following minimum conditions are met:
      1. Meets minimum lot requirements as established in this chapter
      2. Meets minimum off-street parking requirements as established by this chapter
      3. The lot(s) take access from an improved county road or highway or are along a developed public or private road that accesses an improved county road or highway
    6. Radio, cellular and television towers and transmitters and subject to the Supplementary Regulations herein.
    7. Airports
    8. Manufacture of light sheet metal products including heating and ventilation equipment
    9. Manufacture and/or processing of agricultural products including but not limited to ethanol plants and mills
    10. Truck and freight terminals
    11. Commercial mining, quarries, sand and gravel pits and accessory uses
    12. Storage of trucks, tractors, and trailers engaged in the transportation of explosives
    13. Race tracks, drag strips and similar uses and associated accessory uses
    14. Wind Energy devices
    15. Community sewage disposal facilities
    16. Sanitary landfill siting or expansion conducted in a manner and method approved by the City Council provided said landfill is not closer than one thousand (1,000) feet to a municipal well and/or one mile to any village or city limits or any subdivision, addition or residence. See Supplementary Regulations herein.
    17. Lawn and garden nurseries
    18. Commercial kennels and facilities for the raising, breeding and boarding of dogs and other small animals, including exotic, non-farm and non-domestic animals, provided that all buildings and facilities be at least one hundred (100) feet from the property line and three hundred (300) feet from any neighboring residence.
    19. The spreading, stockpiling, or composting of dead livestock, sludge, by-products from manufacturing or any processing plant, and/or paunch manure on agricultural land by municipalities or operations inside or outside of the Grand Island jurisdiction
    20. The application of livestock manure within the jurisdiction of Grand Island by operations located outside Hall County
    21. Livestock feeding operations, subject to the licensure requirements, waste disposal requirements and recommendations of the State of Nebraska and the Land Use specifications of the Grand Island Comprehensive Development Plan
    22. Single wide manufactured homes may be permitted only when the land is used or intended to be used only for agricultural operations. All single wide manufactured homes require a conditional use permit which must be renewed periodically and which shall be subject to the conditions of the permit in districts where they are allowed. No single wide manufactured home on any type of foundation nor a double wide manufactured home without a permanent foundation shall constitute a farmstead that can be split from the large parcel per §36-54(e).
  3. Standards for Livestock Feeding Operations.
    1. The following setbacks and design standards are the minimum sanitation and odor practices for the City of Grand Island and its extra-territorial jurisdiction. In addition, the City Council of Grand Island, when considering the health, safety, and general welfare of the public, may impose more restrictive requirements. These requirements should consider such things as:
      1. property values
      2. dust
      3. lighting
      4. waste disposal
      5. dead livestock
    2. A Conditional Use Permit may be approved after public notice has been given and public hearing is conducted as required by law
    3. Agricultural operations of 1,000 animal units and under are considered a farm as defined in §36-8 and do not require a Conditional Use Permit, see §36-54(A)(1)(c) hereof
    4. All existing livestock feeding operations that have been granted a conditional use permit may expand within their designated level; except for the 20,000 animal units and above which requires a new Conditional Use Permit for each expansion beyond 20,000 animal units as outlined in Table 1, without applying for another conditional use permit. All new livestock feeding operations and those expanding to the next level shall require a Conditional Use Permit and shall be located no less than at a distance from non-farm residences or other residences not on an owner's property in any affected zoning district as hereafter described:
      1. Livestock feeding operations (LFO) will be categorized either as Environmentally Controlled Housing (ECH) operations or Open Lot Operations. Livestock feeding operations having more than one type of feeding operation at one location shall be categorized according to the operation which constitutes the majority of the total operation. Each operation type shall be classified in one of four levels according to total number of animal units in the operation at any one time. Levels will include:

        Class I facility
        =301 1,000 animal units
        Class II facility
        =1,001 5,000 animal units
        Class III facility
        =5,001 20,000 animal units
        Class IV facility
        =20,001 or more animal units
        Livestock Feeding Operations having more than one type of feeding operation at one location shall be categorized according to the total number of animal units. TABLE 1: Livestock Feeding Operations Spacing and Distance (Distances given in feet)
        Size of Proposed LFO in Animal Units.Non-farm or Other Residence and Other LFOs (feet)
        Class I 301-1000 ECH
        1,320
        OPEN
        1,320
        Class II 1001-5000 ECH
        5,280
        OPEN
        2,640
        Class III 5001-20,000 ECH
        5,280
        OPEN
        2,640
        Class IV 20,000+ ECH
        7,920
        OPEN
        3,960
        ECH = Environmentally Controlled Housing OPEN = Open Lot Operations
      2. Livestock feeding operations having more than 1,000 animal units shall also locate at a distance as specified under the environmentally controlled housing or open lots, in Table 1 from a platted residential area, public park, recreational area, church, cemetery, religious area, school, historical site, and residential district
      3. All livestock feeding operations over 20,000 animal units shall be required to obtain a new Conditional Use Permit prior to any expansion, unless it meets the standards of the exceptions in the Exceptions Section
      4. The applicant shall have a Pre-Submission meeting with the Hall County Regional Planning Director and the Grand Island Building Director or his/her designee to discuss tentative plans and layouts prior to formal submission of the Conditional Use Permit for Livestock Feeding Operations
        1. A proposed site plan and conditions or requirements of this regulation pending approval of application for a proposed operation and waste disposal plan from the Nebraska Department of Environmental Quality (NDEQ) or any other applicable state agency
        2. The applicant shall submit all pertinent materials and designs, as per the Conditional Use Permit application for Livestock Feeding Operations
        3. The applicant shall file a copy of the proposed Operation and Maintenance Plan and proposed Manure Management Plan. The approved plans shall be submitted after NDEQ approval if different from the proposed. Said plans shall be filed with the Hall County Regional Planning Director
        4. The applicant shall file a copy of all approved NDEQ plans and permits with the Hall County Regional Planning Director within thirty (30) days after they are issued by the NDEQ
        5. An annual manure management plan shall be submitted to the Hall County Regional Planning Director which shall follow "best possible management practices" as specified by NDEQ in order to protect the environment, as well as the health, safety and general welfare of the public and their property values
        6. If stockpiling of animal waste and/or composting of dead carcasses, as per state statutes, is part of the manure management plan, the waste shall be maintained in an area as outlined in Table 1 of this section. Said area shall also be located on the proposed site plan indicated in Subsection (A) above
        7. All ground surfaces within outside livestock pens shall be maintained to insure proper drainage of animal waste and storm or surface runoff in such a manner as to minimize manure from being carried into any roadway ditch, drainage area or onto a neighbor's property
        8. In no event shall any manure storage unit or system be constructed where the bottom of the unit or system is either in contact with or below the existing water table where the unit or system is to be constructed. Application of manure in flooded areas of standing water shall be prohibited
        9. All runoff or waste generated by a livestock feeding operation facility shall be contained within the associated farming operation, or, on the premises upon which the confined feeding facility or feedlot is located. The applicant must verify that all runoff control ponds, lagoons, methods of manure disposal and dust control measures are designed to minimize offal and air pollution, and avoid surface or groundwater contamination as regulated by the State of Nebraska
        10. The setbacks from a livestock feeding operation to any non-farm dwelling, other residence, or other livestock feeding operations are as follows in Table 2.
    5. EXCEPTIONS:
      1. Any Class I livestock feeding operation use in existence as of August 1, 2004, and which is located within the minimum space distance in Table 1 to any church, school, public use, other livestock feeding operation or single-family dwelling within the current class or to the next class may expand in animal units and/or land area under a Conditional Use Permit, provided the proposed expansion complies with all the following limitations:
        1. Such expansion will not decrease the distance from the livestock feeding operation use to any church, school, public use, other livestock feeding operation or single-family swelling not of the same ownership and not on the same premises with said livestock feeding operation which is less than the minimum prescribed spacing distance
        2. Any physical expansion of the existing livestock feeding operation shall be immediately contiguous with the facilities of the existing livestock feeding operation
        3. Such expansion may occur in phases over time, but in no event shall such expansion(s) result in a livestock feeding operation that is more than fifty (50) percent larger in animal units than the one-time capacity of the use which existed as of August 1, 2004. Any expansion beyond this limitation is prohibited unless a Conditional Use Permit for expansion that meets all requirements is heard by and authorized by the City Council
        4. If such expansion results in such livestock feeding operation being required to obtain a new construction permit from NDEQ, introduction of additional animals shall be prohibited until said permit is issued by NDEQ or other applicable or successor agency has been issued and such livestock feeding operation shall be operated at all times in a manner consistent with the requirements of said permit and applicable regulations of this chapter.
  4. Accessory Uses. The following accessory buildings and uses are permitted in the (AG-1) Primary Agricultural Zoning District.
    1. Buildings and uses customarily incidental to the permitted and conditional uses
    2. Home occupation
    3. Temporary buildings and uses incidental to construction work which shall be removed upon the completion or abandonment of the construction work
  5. Lot Requirements and Intensity of Use. The following table lists the minimum lot requirements and maximum building requirements in an (AG-1) Primary Agricultural Zoning District. These requirements shall be followed unless otherwise modified.



    Setbacks





    A
    BCDE


    Uses
    Min. Lot Area (acres)
    Min. Lot Width (feet)
    Front Yard (feet)
    Rear Yard (feet)
    Side Yard (feet)
    Street Side Yard (feet)
    Max. Lot Coverage
    Min. Lot Area per dwelling unit (sq. ft.)
    Max. Building Height (feet)
    Permitted Uses
    201003535202010%20,000
    351
    Conditional Uses
    201003535202010%20,000
    351
    Agricultural Uses
    11003535202010%20,000
    351
    1 For structures intended for human occupancy, all others no restrictions.
    2 The following requirements are allowed in specific situations within the extra-territorial jurisdiction of the City of Grand Island. These requirements are:
    1. Any person or persons who:
      1. owns a tract of 80 acres or more may sell one tract per 80 acres for a single family dwelling, providing such sale has not been previously exercised on the large tract; and/or
      2. owns an existing ranch or farm dwelling excluding a single-wide manufactured home that is ten years old or more may sell a tract containing such dwelling;
      3. providing the following space limitations are complied with:


        Setbacks


        Min. Lot Area (sq. ft.) Min. Lot Width (feet)
        Front Yard (feet)
        Rear Yard (feet)
        Side Yard (feet)
        Max. Lot Coverage
        Max. Building Height (feet)
        20,000
        100
        30
        25
        15
        25%
        351
        1 for structures intended for human occupancy, all others no restrictions.
  6. Prohibited Uses.
    1. Any use not specifically listed as a permitted principal use, conditional use or permitted accessory use.
  7. Supplementary Regulations.
    1. Residential dwelling units on non-agricultural land existing as of August 1, 2004, may construct accessory structures, make repairs, replace, remodel, rebuild, or replace the residential structure in case of damage regardless of the percent of damage or extent of structural change provided the use does not change.
    2. All new and existing livestock feeding operations and farms with livestock of 300 animal units or less shall require a no-fee livestock registration permit. In addition, all new or expanded Livestock Feeding Operations of over 1,000 animal units shall require a Conditional Use Permit as subject to §36-54(C).
      1. New non-farm residences in the AG-1 or AG-2 districts shall be located no less than at the following distances as those shown in Table 2: Non-farm Residence Spacing and Distance, from an existing agricultural operation having between 50 and 300 animal units and an LFO based upon the type of operation.
        TABLE 2: NON-FARM RESIDENCE SPACING AND DISTANCE (Distances given in feet)

        SIZE OF EXISTING AGRICULTURAL OPERATION AND LFO IN A.U.

        New Non-farm Residence

        100-300
        301-1,000
        1,001-5,000
        5,001-10,000
        10,000+
        01,980
        3,960
        3,960
        5,940
HISTORY
Recorded by Other Matrix on 6/1/2021

36-55 (AG-2) Secondary Agricultural Zone

Intent. The (AG-2) Secondary Agricultural Zoning District regulations are intended to provide for the preservation of lands best suited for agricultural uses of all types including feed lots and the commercial feeding of livestock to specific limits and accessory uses; to prevent encroachment of uses of land that could be mutually incompatible and continue to provide for agricultural uses as a major asset to the economy of the area of the use and conservation of agricultural land, to protect the value of such land, and to protect it from indiscriminate residential and urban development and other incompatible and conflicting land uses. The (AG-2) Secondary Agricultural Zoning District is also intended to conserve and protect the value of open space, wooded areas, streams, mineral deposits and other natural resources and to protect them from incompatible land uses and to provide for their timely utilization. The zoning district intends to provide for the location and to govern the establishment and operation of land uses that are compatible with agriculture and are of such nature that their location away from residential, commercial and industrial areas is most desirable. In addition, to provide for the location and to govern the establishment of residential uses which are accessory to and necessary for the conduct of agriculture and to provide the location and to govern the establishment and use of limited non-agricultural residential uses. Such non-agricultural residential uses shall not be so located as to be detrimental to or conflict with other uses that are named as permitted or conditional uses in this zoning district and are appropriate to other property in the area.

The nature of the (AG-2) Secondary Agricultural Zoning District and the uses allowed outright or by conditional use permit precludes the provision of services, amenities and protection from other land uses which are afforded to residential uses by the regulations of other zoning districts, and it is not intended that the AG-2 Secondary Agricultural Zoning District regulations afford such services, amenities and protection to residential uses located therein.

  1. Permitted Principal Uses. The following principal uses are permitted in the (AG-2) Secondary Agriculture Zoning District.
    1. Agricultural operations, and the usual agricultural and farm buildings and structures, including the residences of owners and their families and any tenants and employees who are engaged in agricultural operations on the premises
      1. State agencies shall govern all use of farm chemicals, including application of pesticides and herbicides, and applicants using restricted-use pesticides shall be required to be certified as required by law
      2. The spreading of manure by a "farming" operation (as defined in §36-8 of this chapter)
      3. Agricultural operations having up to 300 animal units are considered a farm and are permitted by right, provided other requirements in this zoning district are met and submission of a no-fee livestock registration permit to the Hall County Regional Planning Director is done
      4. Operations having up to 300 animal units shall locate at least 300 feet from a platted residential area, public park, recreational area, church, cemetery, religious area, school, and residential district
    2. Ranch and farm dwellings, subject to §36-55(e)
    3. Recreational camps, parks, playgrounds, golf courses, country clubs, tennis courts, and other similar recreational uses
    4. Single family dwelling subject to §36-55(e)
    5. Utility substation, pumping station, water reservoir and telephone exchange
    6. Fire stations
    7. Churches, seminary and convent
    8. Public and parochial school; college
    9. Publicly owned and operated buildings and facilities such as community centers, auditoriums, libraries, museums
    10. Private kennels and facilities, provided that all buildings and facilities be at least one hundred feet from the property line and three hundred feet from any neighboring residence
    11. Roadside stands offering agricultural products for sale on the premises
    12. Seed and feed sales, machine repair shop, livestock equipment construction and sales, as a primary occupation in conjunction with an agricultural operation and be operated on the premises
    13. Farm and industrial equipment sales
    14. Public and private riding academies provided that no stable, building or structure in which horses or other animals are kept are no closer than one hundred (100) feet from the property line
    15. All other Permitted Uses as indicated as permitted within the Zoning Matrix [Attachment A hereto]
  2. Conditional Uses. The following uses are subject to any conditions listed in this chapter and are subject to conditions relating to the placement of said use on a specific tract of ground in the (AG-2) Secondary Agricultural Zoning District:
    1. Bed and breakfast residence subject to the following conditions in addition to those imposed by the City Council
      1. The bed and breakfast residence shall be within a conforming single-family dwelling
      2. Guest rooms shall be within the principal residential building only and not within an accessory building
      3. Each room that is designated for guest occupancy must be provided with a smoke detector which is kept in good working order
      4. Two (2) off-street parking spaces shall be provided for each dwelling unit plus one (1) off-street parking space for each sleeping room designated for guests. Such parking areas shall not be within the required front or side yards
      5. One (1) identification sign on not more than four (4) square feet of sign area shall be permitted
    2. Publicly and privately owned dude ranches, forest and conservation areas, and golf driving ranges, motorized cart tracks, or other outdoor recreational areas such as gun clubs, and archery, trap and skeet ranges
    3. Industrial uses as provided in the Zoning Matrix [Attachment A hereto] and the following minimum conditions are met:
      1. Meets minimum lot requirements as established in this chapter
      2. Meets minimum off-street parking requirements as established by this chapter
      3. The lot(s) take access from an improved county road or highway or are along a developed public or private road that accesses an improved county road or highway
    4. Commercial uses as provided in the Zoning Matrix [Attachment A hereto] and the following minimum conditions are met:
      1. Meets minimum lot requirements as established in this chapter
      2. Meets minimum off-street parking requirements as established by this chapter
      3. The lot(s) take access from an improved county road or highway or are along a developed public or private road that accesses an improved county road or highway
    5. All other Conditional Uses as indicated within the Zoning Matrix [Attachment A hereto], provided the following minimum conditions are met:
      1. Meets minimum lot requirements as established in this chapter
      2. Meets minimum off-street parking requirements as established by this chapter
      3. The lot(s) take access from an improved county road or highway or are along a developed public or private road that accesses an improved county road or highway
    6. Development of natural resources and the extraction of raw materials such as rock, gravel, sand, etc., including gas and oil extraction and exploration, and subject to the requirements of the Supplementary Regulations herein
    7. Radio, cellular and television towers and transmitters and subject to the requirements of the Supplementary Regulations herein
    8. Airports
    9. Manufacture of light sheet metal products including heating and ventilation equipment
    10. Manufacture and/or processing of agricultural products including but not limited to ethanol plants and mills
    11. Truck and freight terminals
    12. Commercial mining, quarries, sand and gravel pits and accessory uses
    13. Storage of trucks, tractors, and trailers engaged in the transportation of explosives
    14. Race tracks, drag strips and similar uses and associated accessory uses
    15. Wind Energy devices
    16. Community sewage disposal facilities
    17. Sanitary landfill siting or expansion conducted in a manner and method approved by the City Council provided said landfill is not closer than one thousand (1,000) feet to a municipal well and/or one mile to any village or city limits or any subdivision, addition or residence. See the Supplementary Regulations herein
    18. Lawn and garden nurseries
    19. Commercial kennels and facilities for the raising, breeding and boarding of dogs and other small animals, including exotic, non-farm and non-domestic animals, provided that all buildings and facilities be at least one hundred (100) feet from the property line and three hundred (300) feet from any neighboring residence.
    20. The spreading, stockpiling, or composting of dead livestock, sludge, by-products from manufacturing or any processing plant, and/or paunch manure on agricultural land by municipalities or operations inside or outside of the Grand Island jurisdiction
    21. The application of livestock manure within the jurisdiction of Grand Island by operations located outside Hall County
    22. Livestock feeding operations, subject to the licensure requirements, waste disposal requirements and recommendations of the State of Nebraska and the Land Use specifications of the Grand Island Comprehensive Development Plan
    23. Trailer Washout
  3. Standards for Livestock Feeding Operations.
    1. The following setbacks and design standards are the minimum sanitation and odor practices for Grand Island and its extra territorial jurisdiction. In addition, the City Council of Grand Island, when considering the health, safety, and general welfare of the public, may impose more restrictive requirements. These requirements should consider such things as:
      1. property values
      2. dust
      3. lighting
      4. waste disposal
      5. dead livestock
    2. A Conditional Use Permit may be approved after public notice has been given and public hearing is conducted as required by law
    3. Agricultural operations of 300 animal units and under are considered a farm as defined in these regulations and do not require a Conditional Use Permit, see §36-8 of this chapter
    4. All existing livestock feeding operations over 300 animal units shall be required to meet specific density requirements for a Class I facility. These density requirements are:
      1. One (1) acre of ground for the first animal unit and one-half (1/2) acre for each additional animal unit. Class II, III, IV facilities are not permitted in the (AG-2) Secondary Agricultural Zoning District
    5. All existing livestock feeding operations that have been granted a conditional use permit may expand within their designated level, as outlined in Table 1, without applying for another conditional use permit. All new livestock feeding operations and those expanding to the next level shall require a Conditional Use Permit and shall be located no less than at a distance from non-farm residences or other residences not on an owner's property in any affected zoning district as hereafter described:
      1. Livestock feeding operations (LFO) will be categorized either as Environmentally Controlled Housing (ECH) operations or Open Lot Operations. Livestock feeding operations having more than one type of feeding operation at one location shall be categorized according to the operation which constitutes the majority of the total operation. Each operation type shall be classified in one of four levels according to total number of animal units (A.U.) in the operation at any one time. Levels will include:

        Class I facility=301 – 1,000 animal units
        Class II facility=1,001 – 5,000 animal units
        Class III facility=5,001 – 20,000 animal units
        Class IV facility=20,001 or more animal units
        Livestock feeding operations having more than one type of feeding operation at one location shall be categorized according to the total number of animal units.

        TABLE 3: Livestock Feeding Operations Spacing and Distance (Distances given in feet)

        Size of Proposed LFO in Animal Units

        Non-farm or Other Residence and Other LFOs (feet)

        Class I

        301-1000

        ECH

        1,320

        OPEN

        1,320

        Class II

        1001-5000

        ECH

        Not allowed in the AG-2 Zoning District

        OPEN

        Not allowed in the AG-2 Zoning District

        Class III

        5001-20,000

        ECH

        Not allowed in the AG-2 Zoning District

        OPEN

        Not allowed in the AG-2 Zoning District

        Class IV

        20,000+

        ECH

        Not allowed in the AG-2 Zoning District

        OPEN

        Not allowed in the AG-2 Zoning District

        ECH = Environmentally Controlled Housing
        OPEN = Open Lot Operations
      2. The applicant shall have a Pre-Submission meeting with the Hall County Regional Planning Director and the Grand Island Building Director or his/her designee to discuss tentative plans and layouts prior to formal submission of the Conditional Use Permit for Livestock Feeding Operations
        1. A proposed site plan and conditions or requirements of this regulation pending approval of application for a proposed operation and waste disposal plan from the Nebraska Department of Environmental Quality (NDEQ) or any other applicable state agency
        2. The applicant shall submit all pertinent materials and designs, as per the Conditional Use Permit application for Livestock Feeding Operations
        3. The applicant shall file a copy of the proposed Operation and Maintenance Plan and proposed Manure Management Plan. The approved plans shall be submitted after NDEQ approval if different from the proposed. Said plans shall be filed with the Hall County Regional Planning Director
        4. The applicant shall file a copy of all approved NDEQ plans and permits with the Hall County Regional Planning Director within thirty (30) days after they are issued by the NDEQ
        5. An annual manure management plan shall be submitted to the Hall County Regional Planning Director which shall follow "best possible management practices" as specified by NDEQ in order to protect the environment, as well as the health, safety and general welfare of the public and their property values
        6. If stockpiling of animal waste and/or composting of dead carcasses, as per state statutes, is part of the manure management plan, the waste shall be maintained in an area as outlined in Table 1 of this section. Said area shall also be located on the proposed site plan.
        7. All ground surfaces within outside livestock pens shall be maintained to insure proper drainage of animal waste and storm or surface runoff in such a manner as to minimize manure from being carried into any roadway ditch, drainage area or onto a neighbor's property
        8. In no event shall any manure storage unit or system be constructed where the bottom of the unit or system is either in contact with or below the existing water table where the unit or system is to be constructed. Application of manure in flooded areas of standing water shall be prohibited
        9. All runoff or waste generated by a livestock feeding operation facility shall be contained within the associated farming operation, or, on the premises upon which the confined feeding facility or feedlot is located. The applicant must verify that all runoff control ponds, lagoons, methods of manure disposal and dust control measures are designed to minimize offal and air pollution, and avoid surface or groundwater contamination as regulated by the State of Nebraska
        10. The setbacks from a livestock feeding operation to any non-farm dwelling, other residence, or other livestock feeding operation are as follows in Table 3.
    6. EXCEPTIONS:
      1. Any Class I livestock feeding operation use in existence as of August 1, 2004, and which is located within the minimum spacing distance in Table 1 to any church, school, public use, other livestock feeding operation or single-family dwelling within the current class or to the next class may expand in animal units and/or land area under a Conditional Use Permit, provided the proposed expansion complies with all the following limitations:
        1. Such expansion will not decrease the distance from the livestock feeding operation use to any church, school, public use, other livestock feeding operation or single-family dwelling not of the same ownership and not on the same premises with said livestock feeding operation which is less than the minimum prescribed spacing distance
        2. Any physical expansion of the existing livestock feeding operation shall be immediately contiguous with the facilities of the existing livestock feeding operation
        3. Such expansion may occur in phases over time, but in no event shall such expansion(s) result in a livestock feeding operation that is more than fifty (50) percent larger in animal units than the one-time capacity of the use which existed as of August 1, 2004. Any expansion beyond this limitation is prohibited unless a Conditional Use Permit for expansion that meets all requirements is heard by and authorized by the City Council of Grand Island
        4. If such expansion results in such livestock feeding operation being required to obtain a new construction permit from NDEQ, introduction of additional animals shall be prohibited until said permit is issued by NDEQ or other applicable or successor agency has been issued and such livestock feeding operation shall be operated at all times in a manner consistent with the requirements of said permit and applicable regulations of this chapter
  4. Accessory Uses. The following accessory buildings and uses are permitted in the (AG-2) Secondary Agricultural Zoning District.
    1. Buildings and uses customarily incidental to the permitted and conditional uses
    2. Home occupation
    3. Temporary buildings and uses incidental to construction work which shall be removed upon the completion or abandonment of the construction work
  5. Lot Requirements and Intensity of Use. The following table lists the minimum lot requirements and maximum building requirements in an (AG-2) Secondary Agricultural Zoning District. These requirements shall be followed unless otherwise modified by this chapter.

     

     

     

    Setbacks

     

     

     

     

     

    A

    B

    C

    D

    E

     

     

     

    Uses

    Min. Lot Area (acres)

    Min. Lot Width (feet)

    Front Yard (feet)

    Rear Yard (feet)

    Side Yard (feet)

    Street Side Yard (feet)

    Max. Lot Coverage

    Min. Lot Area per dwelling unit (sq. ft.)

    Max. Building Height (feet)

    Permitted Uses

    20

    100

    35

    35

    20

    20

    10%

    20,000

    351

    Conditional Uses

    20

    100

    35

    35

    20

    20

    10%

    20,000

    351

    Agricultural Uses

    1

    100

    35

    35

    20

    20

    10%

    20,000

    351

    1 for structures intended for human occupancy, all others no restrictions.

    2 The following requirements are allowed in specific situations within the jurisdiction of Grand Island. These requirements are:
    1. Any person or persons who:
      1. owns a tract of 80 acres or more may sell one tract per 80 acres for a single family dwelling, providing such sale has not been previously exercised on the large tract; and/or
      2. owns an existing ranch or farm dwelling excluding a single-wide manufactured home that is ten years old or more may sell a tract containing such dwelling;
      3. providing the following space limitations are complied with:



        Setbacks


        Min. Lot Area (sq. ft.) Min. Lot Width (feet)
        Front Yard (feet)
        Rear Yard (feet)
        Side Yard (feet)
        Max. Lot Coverage
        Max. Building Height (feet)
        20,000
        100
        30
        25
        15
        25%
        351
        1 for structures intended for human occupancy, all others no restrictions.
  6. Prohibited Uses.
    1. Any use not specifically listed as a permitted principal use, conditional use or permitted accessory use.
  7. Supplementary Regulations.
    1. Residential dwelling units on non-agricultural land, may construct accessory structures, make repairs, replace, remodel, rebuild, or replace the residential structure in case of damage regardless of the percent of damage or extent of structural change provided the use does not change.
    2. All new and existing livestock feeding operations and farms with livestock of 300 animal units or less shall require a no-fee livestock registration permit. In addition, all new or expanded livestock feeding operations of over 300 animal units shall require a Conditional Use Permit.
      1. New non-farm residences in the AG-1 or AG-2 zoning districts shall be located no less than at the following distances as those shown in Table 4: Non-farm Residence Spacing and Distance, from an existing agricultural operation having between 50 and 300 animal units and a livestock feeding operation based upon the type of operation.

        TABLE 4: NON-FARM RESIDENCE SPACING AND DISTANCE (Distances given in feet)

        Size of Existing Agricultural Operation and Livestock Feeding Operation in Animal Units
        100-300
        301-1,000
        1,001-5,000
        5,001-10,000
        10,000+
        New Non-farm Residence
        0
        1,980
        3,960
        3,960
        5,940

(Amended by Ordinance No. 9881, effective 6-8-2022)

HISTORY
Recorded by Other Matrix on 6/1/2021

36-56 (AG-SC) Special Agriculture/Conservation Zone

Intent. This special use zoning district is to maintain lands in a predominately agricultural use, yet allow for limited, low impact recreational uses associated with pedestrian and equestrian trails, in accordance with the Cornhusker Army Ammunition Plant (CAAP) Comprehensive Reuse Plan. Ranch and farm dwellings are not allowed due to Environmental Protection Agency issues with the CAAP site.

  1. Permitted Principal Uses. The following principal uses are permitted in the (AG-SC) Special Agriculture/Conservation Zoning District.
    1. Agricultural uses excluding feed lots and the commercial feeding of livestock
    2. Raising of field crops and horticulture
    3. Pedestrian and equestrian trails and associated low impact recreational uses, when consistent with the CAAP Comprehensive Land Use Plan
    4. Groundwater treatment facilities, contaminated soil remediation facilities
    5. All other Permitted Principal Uses indicated as Permitted with the Zoning Matrix [Attachment A hereto]
  2. Conditional Uses. The following uses are subject to any conditions listed in this chapter and are subject to conditions relating to the placement of said use on a specific tract of ground in the (AG-SC) Special Agriculture/Conservation Zoning District.
    1. Utility substations, communication towers
    2. Flood control facilities/improvements
    3. Stock yard, feed yards and accessory uses – provided the use can meet the separation distances found in Table 3 in §36-55.
    4. All other Conditional Uses indicated as conditional within the Zoning Matrix [Attachment A hereto]
  3. Permitted Accessory Uses.
    1. Other buildings or uses accessory to a permitted use
  4. Prohibited Uses.
    1. Any use not specifically listed as a permitted principal use, conditional use or permitted accessory use
    2. Ranch and/or farm dwellings
  5. Space Limitations.


    Uses



    Minimum Setbacks





    ABCDE


    Minimum Parcel Area (acres)
    Minimum Lot Width (feet)
    Front Yard (feet)
    Rear Yard (feet)
    Side Yard (feet)
    Street Side Yard (feet)
    Maximum Ground Coverage
    Maximum Building Height (feet)
    Permitted Uses
    2010035-
    -
    -
    30%
    -
    Conditional Uses
    2010035-
    -
    -
    30%
    -
  6. Miscellaneous Provisions.
    1. Supplementary district regulations shall be complied with as required herein.
HISTORY
Recorded by Other Matrix on 6/1/2021

36-57 (AG-SE) Special Agriculture/Events Zone

Intent. This special use zoning district is to allow for agricultural uses as well as special agricultural demonstration events, expositions and trade shows that require large land areas, in accordance with the Cornhusker Army Ammunition Plant (CAAP) Comprehensive Reuse Plan. Ranch and farm dwellings are not allowed due to Environmental Protection Agency issues with the CAAP site.

  1. Permitted Principal Uses. The following principal uses are permitted in the (AG-SE) Special Agriculture/Events Zoning District.
    1. Agricultural uses excluding feed lots and the commercial feeding of livestock
    2. Raising field crops and horticulture
    3. Agricultural related demonstration events, expositions and trade shows
    4. Pedestrian and equestrian trails and associated low impact recreational uses, when consistent with the CAAP Comprehensive Land Use Plan
    5. All other Permitted Principal Uses indicated as permitted within the Zoning Matrix [Attachment A hereto]
  2. Conditional Uses. The following uses are subject to any conditions listed in this chapter and are subject to conditions relating to the placement of said use on a specific tract of ground in the (AG-SE) Special Agriculture/Events Zoning District
    1. Utility substations, communication towers
    2. Flood control facilities/improvements
    3. All other Conditional Uses indicated as conditional within the Zoning Matrix [Attachment A hereto]
  3. Permitted Accessory Uses.
    1. Other buildings or uses accessory to a permitted use
  4. Prohibited Uses.
    1. Any use not specifically listed as a permitted principal use or permitted accessory use
    2. Ranch and/or farm dwellings
  5. Space Limitations.


    Uses

     

     

    Minimum Setbacks

     

     

    A

    B

    C

    D

    E

     

    Minimum Parcel Area (acres)

    Minimum Lot Width (feet)

    Front Yard (feet)

    Rear Yard (feet)

    Side Yard (feet)

    Street Side Yard (feet)

    Maximum Ground Coverage

    Maximum Building Height (feet)

    Permitted Uses

    20

    100

    35

    -

    -

    -

    65%

    -

    Conditional Uses

    20

    100

    35

    -

    -

    -

    65%

    -

  6. Miscellaneous Provisions.
    1. Supplementary district regulations shall be complied with as required herein.
HISTORY
Recorded by Other Matrix on 6/1/2021

36-58 (AG-SI) Special Agriculture/Industrial Zone

Intent. This special use zoning district is to allow for agricultural uses as well as manufacturing, processing, fabrication, research, warehousing, storage and wholesaling facilities in accordance with the Cornhusker Army Ammunition Plant (CAAP) Comprehensive Reuse Plan. Ranch and farm dwellings are not allowed due to the Environmental Protection Agency issues with the CAAP site.

  1. Permitted Principal Uses. The following principal uses are permitted in the (AG-SI) Special Agriculture/Industrial Zoning District.
    1. Agricultural uses excluding feed lots and the commercial feeding of livestock
    2. Raising of field crop and horticulture
    3. Manufacturing, processing, fabrication, research, warehousing, storage and wholesaling facilities
    4. Pedestrian and equestrian trails and associated low impact recreational uses, when consistent with the CAAP Comprehensive Land Use Plan
    5. Groundwater treatment facilities, contamination soil remediation facilities
    6. All other Permitted Principal Uses indicated as permitted within the Zoning Matrix [Attachment A hereto]
  2. Conditional Uses. The following uses are subject to any conditions listed in this chapter and are subject to conditions relating to the placement of said use on a specific tract of ground in the (AG-SI) Special Agriculture/Industrial Zoning District.
    1. Industrial uses with more significant health and safety concerns: wrecking, scrap or garbage disposal/recycling yard; explosives manufacture or storage; chemical, acid or petroleum refining or storage; meat packing plants; milling and smelting of ores
    2. Utility substations, communication towers
    3. Flood control facilities/improvements
    4. Stock yards, feed yards and accessory uses provided the use can meet the separation distances found in Table 1 in §36-54
    5. All other Conditional Uses indicated conditional within the Zoning Matrix [Attachment A hereto]
  3. Permitted Accessory Uses.
    1. Other buildings or uses accessory to a permitted use or conditional use
  4. Prohibited Uses.
    1. Ranch and/or farm dwellings
    2. Any use not specifically listed as a permitted principal use, conditional use or permitted accessory use
  5. Space Limitations.

    Uses

     

     

    Minimum Setbacks

     

     

     

     

    A

    B

    C

    D

    E

     

     

     

    Minimum Parcel Area (acres)

    Minimum Lot Width (feet)

    Front Yard (feet)

    Rear Yard (feet)

    Side Yard (feet)

    Street Side Yard (feet)

    Maximum Ground Coverage

    Maximum Building Height (feet)

    Agricultural Uses

    20

    100

    35

    -

    -

    -

    65%

    -

    Non Agricultural Uses

    1

    100

    35

    -

    -

    -

    65%

    -

  6. Miscellaneous Provisions.
    1. Supplementary district regulations shall be complied with as required herein.
HISTORY
Recorded by Other Matrix on 6/1/2021

36-59 (SRC) Special Recreation/Conservation Zone

Intent. This zoning district use is to allow for special outdoor recreational shooting facilities, recreational vehicle campgrounds as well as low impact recreational uses associated with pedestrian and equestrian trails, in accordance with the Cornhusker Army Ammunition Plant (CAAP) Comprehensive Reuse Plan.

  1. Permitted Principal Uses. The following principal uses are permitted in the (SRC) Special Recreation/Conservation Zoning District.
    1. Agricultural uses excluding feed lots and the commercial feeding of livestock
    2. Raising of field crops and horticulture
    3. Low impact recreational uses associated with pedestrian and equestrian trails, when consistent with the CAAP Comprehensive Land Use Plan
    4. Recreational vehicle campgrounds
    5. Outdoor recreational shooting facilities
    6. All other Permitted Principal Uses indicated as permitted within the Zoning Matrix [Attachment A hereto]
  2. Conditional Uses. The following uses are subject to any conditions listed in this chapter and are subject to conditions relating to the placement of said use on a specific tract of ground in the (SRC) Special Recreation/Conservation Zoning District.
    1. Caretaker dwelling associated with outdoor recreational shooting facilities and recreational vehicle campgrounds
    2. All other Conditional Uses indicated as conditional within the Zoning Matrix [Attachment A hereto]
  3. Permitted Accessory Uses.
    1. Other buildings or uses accessory to a permitted use or conditional use
  4. Prohibited Uses.
    1. Any use not specifically listed as a permitted principal use, conditional use or permitted accessory use
  5. Space Limitations.


    Uses

     

     

    Minimum Setbacks

     

     

     

     

    A

    B

    C

    D

    E

     

     

     

    Minimum Parcel Area (acres)

    Minimum Lot Width (feet)

    Front Yard (feet)

    Rear Yard (feet)

    Side Yard (feet)

    Street Side Yard (feet)

    Maximum Ground Coverage

    Maximum Building Height (feet)

    Permitted Uses

    20

    100

    35

    35

    20

    20

    30%

    -

    Conditional Uses

    20

    100

    35

    35

    20

    20

    30%

    -

  6. Miscellaneous Provisions.
    1. Supplementary district regulations shall be complied with as required herein.
HISTORY
Recorded by Other Matrix on 6/1/2021

36-60 (TA) Transitional Agriculture Zone

Intent. To provide for a transition from rural to urban uses, and is generally located on the fringe of the urban area. This zoning district permits both farm and non-farm dwellings at a maximum density of two dwelling units per acre, as well as other open space and recreational activities. The intent of the zoning district also would allow the raising of livestock to a limit and within certain density requirements.

  1. Permitted Principal Uses. The following principal uses are permitted in the (TA) Transitional Agriculture Zoning District.
    1. Dwelling units
    2. Raising of field crops, and horticulture
    3. Country clubs as defined in §36-8 of this chapter
    4. Recreational camps, public parks, and recreational areas
    5. Greenhouses and the raising of trees and nursery stock
    6. Utility substations necessary to the functioning of the utility (but not including general business offices, maintenance facilities) when located according to the yard space rules set forth in this section for dwellings and having a ten foot landscaped or masonry barrier on all sides. Buildings shall be of such exterior design as to harmonize with nearby properties. Installation shall not be subject to minimum area or width regulations.
    7. Railway right-of-way, but not including railway yards or facilities
    8. The raising of livestock up to 300 animals as defined in Section 5-18 of this code provided that the owner has one-half (1/2) acre for each animal, and provided that the shelters, pens, enclosures for such animals are located no closer than 300 feet to a neighboring residential structure. The acres used for calculating the maximum number of animals must be capable of supporting pasture for grazing said animal.
    9. All other Permitted Principal Uses indicated as permitted within the Zoning Matrix [Attachment A hereto]
  2. Conditional Uses. The following uses are subject to any conditions listed in this chapter and are subject to conditions relating to the placement of said use on a specific tract of ground in the (TA) Transitional Agriculture Zoning District.
    1. Cemeteries, memorial parks, crematories, mausoleums, and columbariums
    2. Commercial mines, quarries, sand and gravel pits and accessory uses
    3. Public and quasi-public buildings and uses of an administrative, educational, religious, cultural, or public service facility, but not including hospitals, sanitoriums or corrective institutions
    4. Riding academies
    5. Recreational Vehicle Parks
    6. Preschools, nursery schools, day care centers, children's homes, and similar facilities
    7. Towers
    8. Veterinary clinics and animal hospitals
    9. All other Conditional Uses indicated as conditional within the Zoning Matrix [Attachment A hereto]
  3. Permitted Accessory Uses.
    1. Guest building
    2. Customary home occupations
    3. Buildings, corrals, stables or pens in conjunction with the permitted uses
    4. Buildings for the display and sale of products grown or raised on the premises, provided, the floor area does not exceed 500 square feet
    5. Offices incidental to and necessary for a permitted use
    6. Other buildings and uses accessory to the permitted principal uses
    7. Landscape contractor business with limited retail sales when the following conditions are met:
      1. The business accessory to a farm, and located on a farm size parcel (20 acres or more); and
      2. A sod farm, greenhouse, and/or tree farm operation is located on the site; and
      3. Total retail floor area within a building on the site does not exceed 1,000 square feet, and
      4. Total outdoor retail storage area for items not grown on site does not exceed 20,000 square feet, and
      5. Signage for the business shall be regulated by the Grand Island sign code for signs in a residential district, and
      6. Offstreet parking spaces shall be provided on site in a manner and number consistent with the requirements of the parking and loading standards included in this chapter for retail establishments.
  4. Space Limitations.

    Uses

     

     

    Minimum Setbacks

     

     

     

     

    A

    B

    C

    D

    E

     

     

     

    Minimum Parcel Area (acres)

    Minimum Lot Width (feet)

    Front Yard (feet)

    Rear Yard (feet)

    Side Yard (feet)

    Street Side Yard (feet)

    Maximum Ground Coverage

    Maximum Building Height (feet)

    Permitted Uses

    20

    100

    30

    25

    15

    20

    20%

    351

    Conditional Uses

    20

    100

    30

    25

    15

    20

    20%

    351

    1 for structures intended for human occupancy, all others no restrictions.
  5. Miscellaneous Provisions.
    1. Supplementary regulations shall be complied with as defined herein
    2. Only one principal building shall be permitted on one zoning lot except as otherwise provided herein
    3. The following requirements are allowed in specific situations within the jurisdiction of Grand Island:
      1. Any person or persons who:
        1. owns a tract of 80 acres or more may sell one tract per 80 acres for a single family dwelling, providing such sale has not been previously exercised on the large tract; and/or
        2. owns an existing ranch or farm dwelling that is ten years old or more may sell a tract containing such dwelling;
        3. providing the following space limitations are complied with:



          Setbacks


          Min. Lot Area (sq. ft.) Min. Lot Width (feet)
          Front Yard (feet)
          Rear Yard (feet)
          Side Yard (feet)
          Max. Lot Coverage
          Max. Building Height (feet)
          20,000
          100
          30251525%351
          1 for structures intended for human occupancy, all others no restrictions.

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

HISTORY
Recorded by Other Matrix on 6/1/2021

36-61 (LLR) Large Lot Residential Zone

Intent. To provide for a transition from rural to urban uses, and is generally located on the fringe of the urban area. This zoning district permits residential dwellings at a maximum density of two dwelling units per acre, as well as other open space and recreational activities.

  1. Permitted Principal Uses. The following principal uses are permitted in the (LLR) Large Lot Residential Zoning District.
    1. Dwelling units
    2. Raising of field crops and horticulture
    3. Country clubs as defined herein
    4. Public parks
    5. Utility substations necessary to the functioning of the utility (but not including general business offices, maintenance facilities) when located according to the yard space rules set forth in this section for dwellings and having a ten foot landscaped or masonry barrier on all sides. Buildings shall be of such exterior design as to harmonize with nearby properties. Installation shall not be subject to minimum area or width regulations.
    6. Railway right-of-way, but not including railway yards or facilities
    7. Churches, synagogues, chapels, and similar places of religious worship and instruction of a quiet nature
    8. All other Permitted Principal Uses indicated as permitted within the Zoning Matrix [Attachment A hereto]
  2. Conditional Uses. The following uses are subject to any conditions listed in this chapter and are subject to conditions relating to the placement of said use on a specific tract of ground in the (LLR) Large Lot Residential Zoning District.
    1. Greenhouses and the raising of trees and nursery stock
    2. Cemeteries, memorial parks, crematories, mausoleums, and columbariums
    3. Commercial mines, quarries, sand and gravel pits and accessory uses
    4. Riding academies
    5. Preschools, nursery schools, day care centers, children's homes, and similar facilities
    6. Towers
    7. Veterinary clinics and animal hospitals
    8. Private recreational areas subject to the following minimum conditions:

      Size of property is at least 5.0 acres

      All buildings requiring a building permit are identified on the application

      All services such as water, sewer, natural gas and electric are identified on the application whether provide privately or publicly.

      Additions of services or buildings accessory to this approved use will require an additional hearing for a conditional use permit to review the proposed additions.
    9. Keeping of Livestock subject to the following minimum conditions:

      Size of property is at least 5.0 acres

      All buildings requiring a building permit are identified on the application

      All services such as water, sewer, natural gas and electric are identified on the application whether provide privately or publicly.

      Number and/or type of animal is consistent with the limitations of the Grand Island Animal Ordinance Chapter 5 of the City Code.

      Additions of services or buildings accessory to this approved use will require an additional hearing for a conditional use permit to review the proposed additions.
    10. All other Conditional Uses indicated as conditional within the Zoning Matrix [Attachment A hereto]
  3. Permitted Accessory Uses.
    1. Guest building
    2. Customary home occupations
    3. Buildings for the display and sale of products grown or raised on the premises, provided, the floor area does not exceed 500 square feet
    4. Offices incidental to and necessary for a permitted use
    5. Other buildings or uses accessory to the permitted principal uses
  4. Space Limitations.

    Uses

     

     

     

    Minimum Setbacks

     

     

     

     

     

    A

    B

    C

    D

    E

     

     

     

    Minimum Parcel Area (feet)

    Minimum Lot Area per Dwelling Unit

    Minimum Lot Width (feet)

    Front Yard (feet)

    Rear Yard (feet)

    Side Yard (feet)

    Street Side Yard (feet)

    Maximum Ground Coverage

    Maximum Building Height (feet)

    Permitted Uses

    20,000

    20,000

    100

    30

    25

    15

    20

    25%

    35

    Conditional Uses

    20,000

    20,000

    100

    30

    25

    15

    20

    25%

    35

  5. Miscellaneous Provisions.
    1. Supplementary regulations shall be complied with as defined herein.
    2. Only one principal building shall be permitted on one zoning lot except as otherwise provided herein.

(Amended by Ordinance No. 8947, effective 1-5-2005)
(Amended by Ordinance No. 9790, effective 10-7-2020)

HISTORY
Recorded by Other Matrix on 6/1/2021

36-62 (R-1) Suburban Residential Zone

Intent. To provide for residential neighborhoods at a maximum density of four to five dwelling units per acre with supporting community facilities.

  1. Permitted Principal Uses.
    1. Dwelling units
    2. Truck, bush and tree farming, provided, there is no display or sale at retail of such products on the premises
    3. Public parks and recreational areas
    4. Country clubs as defined herein
    5. Public, parochial and private schools having a curriculum equivalent to an elementary or higher educational level and colleges offering courses of general instruction, including convents, monasteries, dormitories, and other related living structures when located on the same site as the college.
    6. Churches, synagogues, chapels, and similar places of religious worship and instruction of a quiet nature
    7. Utility substations necessary to the functioning of the utility (but not including general business offices, maintenance facilities, and other general system facilities) when located according to the yard space rules set forth in this section for dwellings and having a ten foot landscaped or masonry barrier on all sides. Buildings shall be of such exterior design as to harmonize with nearby properties.
    8. Public and quasi-public buildings for cultural use
    9. Railway right-of-way but not including railway yards or facilities
    10. All other Permitted Principal Uses indicated as permitted within the Zoning Matrix [Attachment A hereto]
  2. Conditional Uses. The following uses are subject to any conditions listed in this chapter and are subject to other conditions relating to the placement of said use on a specific tract of grounds in the (R-1) Suburban Residential Zoning District as approved by City Council.
    1. Preschools, nursery schools, day care centers, children's homes, and similar facilities
    2. Towers
    3. Off-street parking areas for schools and places of religious worship/instruction on lands adjacent to and within three hundred (300.0) feet of the principal building associated with the aforementioned uses.
    4. All other Conditional Uses indicated as conditional within the Zoning Matrix [Attachment A hereto]
  3. Permitted Accessory Uses.
    1. Guest buildings
    2. Customary home occupations
    3. Other buildings or uses accessory to the permitted principal uses
  4. Space Limitations.

    Uses

     

     

     

    Minimum Setbacks

     

     

     

     

     

    A

    B

    C

    D

    E

     

     

     

    Minimum Parcel Area (feet)

    Minimum Lot Area per Dwelling Unit

    Minimum Lot Width (feet)

    Front Yard (feet)

    Rear Yard (feet)

    Side Yard (feet)

    Street Side Yard (feet)

    Maximum Ground Coverage

    Maximum Building Height (feet)

    Permitted Uses

    9,000

    9,000

    70

    25

    20

    10

    12 1/2

    30%

    35

    Conditional Uses

    9,000

    9,000

    70

    25

    20

    10

    12 1/2

    30%

    35

  5. Miscellaneous Provisions.
    1. Supplementary regulations shall be complied with as defined herein.
    2. Only one principal building shall be permitted on one zoning lot except as otherwise provided herein.
HISTORY
Recorded by Other Matrix on 6/1/2021

36-63 (R-2) Low Density Residential Zone

Intent. To provide for residential neighborhoods at a maximum density of seven dwelling units per acre with supporting community facilities.

  1. Permitted Principal Uses. The following principal uses are permitted in the (R-2) Low Density Residential Zoning District.
    1. Dwelling units
    2. Truck, bush and tree farming, provided, there is no display or sale at retail of such products on the premises
    3. Public parks and recreational areas
    4. Country clubs as defined herein
    5. Public, parochial and private schools having a curriculum equivalent to an elementary or higher educational level and colleges offering courses of general instruction, including convents, monasteries, dormitories, and other related living structures when located on the same site as the college
    6. Churches, synagogues, chapels and similar places of religious worship and instruction of a quiet nature
    7. Utility substations necessary to the functioning of the utility, but not including general business offices, maintenance facilities, and other general system facilities when located according to the yard space rules set forth in this section for dwellings and having a landscaped or masonry barrier on all sides. Buildings shall be of such exterior design as to harmonize with nearby properties.
    8. Public and quasi-public buildings for cultural use
    9. Railway right-of-way, but not including railway yards or facilities
    10. All other Permitted Principal Uses indicated as permitted within the Zoning Matrix [Attachment A hereto]
  2. Conditional Uses. The following uses are subject to any conditions listed in this chapter and are subject to other conditions relating to the placement of said use on a specific tract of ground in the (R-2) Low Density Residential Zoning District as approved by City Council.
    1. Preschools, nursery schools, day care centers, children's homes and similar facilities
    2. Towers
    3. Off-street parking areas for schools and places of religious worship/instruction on lands adjacent to and within three hundred (300.0) feet of the principal building associated with the aforementioned uses.
    4. All other Conditional Uses indicated as conditional within the Zoning Matrix [Attachment A hereto]
  3. Permitted Accessory Uses.
    1. Customary home occupations
    2. Buildings and uses accessory to the permitted principal use
  4. Space Limitations.

    Uses

     

     

     

    Minimum Setbacks

     

     

     

     

     

    A

    B

    C

    D

    E

     

     

     

    Minimum Parcel Area (feet)

    Minimum Lot Area per Dwelling Unit

    Minimum Lot Width (feet)

    Front Yard (feet)

    Rear Yard (feet)

    Side Yard (feet)

    Street Side Yard (feet)

    Maximum Ground Coverage

    Maximum Building Height (feet)

    Permitted Uses

    6,000

    6,000

    50

    25

    20

    5

    12 1/2

    35%

    35

    Conditional Uses

    6,000

    6,000

    50

    25

    20

    5

    12 1/2

    35%

    35

  5. Miscellaneous Provisions.
    1. Supplementary regulations shall be complied with as defined herein.
    2. Only one principal building shall be permitted on one zoning lot except as otherwise provided herein.
HISTORY
Recorded by Other Matrix on 6/1/2021

36-64 (R-3) Medium Density Residential Zone

Intent. To provide for residential uses at a maximum density of fourteen to fifteen dwelling units per acre with supporting community facilities. This zoning district is sometimes used as a transitional zone between lower density residential zones and higher density residential, office, business, or manufacturing zones.

  1. Permitted Principal Uses. The following principal uses are permitted in the (R-3) Medium Density Residential Zoning District.
    1. Dwelling units
    2. Truck, bush and tree farming, provided, there is no display or sale at retail of such products on the premises
    3. Public parks and recreational areas
    4. Country clubs as defined herein
    5. Public, parochial and private schools having a curriculum equivalent to an elementary or higher educational level and colleges offering courses of general instruction, including convents, monasteries, dormitories and other related living structures when located on the same site as the college.
    6. Churches, synagogues, chapels, and similar places of religious worship and instruction of a quiet nature.
    7. Utility substations necessary to the functioning of the utility, but not including general business offices, maintenance facilities and other general system facilities, when located according to the yard space rules set forth in this section for dwellings and having a landscaped or masonry barrier on all sides. Buildings shall be of such exterior design as to harmonize with nearby properties.
    8. Public and quasi-public buildings for cultural use
    9. Railway right-of-way, but not including railway yards or facilities
  2. Conditional Uses. The following uses are subject to any conditions listed in this chapter and are subject to other conditions relating to the placement of said use on a specific tract of ground in the (R-3) Medium Density Residential Zoning District as approved by City Council.
    1. Nonprofit community buildings and social welfare establishments other than those providing living accommodations
    2. Driveways, parking lots, or buildings when directly associated with or accessory to a permitted principal use in an adjacent zone.
    3. Preschools, nursery schools, day care centers, children's homes, and similar facilities
    4. Towers
    5. Off-street parking areas for schools and places of religious worship/instruction on lands adjacent to and within three hundred (300.0) feet of the principal building associated with the aforementioned uses.
    6. All other Conditional Uses indicated as conditional within the Zoning Matrix [Attachment A hereto]
  3. Permitted Accessory Uses.
    1. Customary home occupations
    2. Buildings and uses accessory to the permitted principal use
  4. Space Limitations.

    Uses

     

     

     

    Minimum Setbacks

     

     

     

     

     

    A

    B

    C

    D

    E

     

     

     

    Minimum Parcel Area (feet)

    Minimum Lot Area per Dwelling Unit

    Minimum Lot Width (feet)

    Front Yard (feet)

    Rear Yard (feet)

    Side Yard (feet)

    Street Side Yard (feet)

    Maximum Ground Coverage

    Maximum Building Height (feet)

    Permitted Uses

    6,000

    3,000

    50

    20

    15

    5

    10

    50%

    35

    Conditional Uses

    6,000

    3,000

    50

    20

    15

    5

    10

    50%

    35

  5. Miscellaneous Provisions.
    1. Supplementary regulations shall be complied with as defined herein.
    2. Only one principal building shall be permitted on one zoning lot except as otherwise provided herein.
HISTORY
Recorded by Other Matrix on 6/1/2021

36-64.1 (R-3SL) Medium Density-Small Lot Residential Zone

Intent. To provide for residential uses at a maximum density of fourteen to fifteen dwelling units per acre with supporting community facilities. This zoning district is sometimes used as a transitional zone between lower density residential zones and higher density residential, office, business, or manufacturing zones. Specifically this zoned is intended to provide market flexibility regarding lot size and housing configuration.

  1. Permitted Principal Uses. The following principal uses are permitted in the (R-3SL) Medium Density Small Lot Residential Zoning District.
    1. Dwelling units
    2. Truck, bush and tree farming, provided, there is no display or sale at retail of such products on the premises
    3. Public parks and recreational areas
    4. Country clubs as defined herein
    5. Public, parochial and private schools having a curriculum equivalent to an elementary or higher educational level and colleges offering courses of general instruction, including convents, monasteries, dormitories and other related living structures when located on the same site as the college.
    6. Churches, synagogues, chapels, and similar places of religious worship and instruction of a quiet nature.
    7. Utility substations necessary to the functioning of the utility, but not including general business offices, maintenance facilities and other general system facilities, when located according to the yard space rules set forth in this section for dwellings and having a landscaped or masonry barrier on all sides. Buildings shall be of such exterior design as to harmonize with nearby properties.
    8. Public and quasi-public buildings for cultural use
    9. Railway right-of-way, but not including railway yards or facilities
    10. Off street parking lots for residents and guests
  2. Conditional Uses. The following uses are subject to any conditions listed in this chapter and are subject to other conditions relating to the placement of said use on a specific tract of ground in the (R-3SL) Medium Density Small Lot Residential Zoning District as approved by City Council.
    1. Nonprofit community buildings and social welfare establishments other than those providing living accommodations
    2. Driveways, parking lots, or buildings when directly associated with or accessory to a permitted principal use in an adjacent zone.
    3. Preschools, nursery schools, day care centers, children's homes, and similar facilities
    4. Towers
    5. Off-street parking areas for schools and places of religious worship/instruction on lands adjacent to and within three hundred (300.0) feet of the principal building associated with the aforementioned uses.
    6. All other Conditional Uses indicated as conditional within the Zoning Matrix [Attachment A hereto]
  3. Permitted Accessory Uses.
    1. Customary home occupations
    2. Buildings and uses accessory to the permitted principal use
  4. Space Limitations.

    Uses

     

     

     

    Minimum Setbacks

     

     

     

     

     

    A

    B

    C

    D

    E

     

     

     

    Minimum Parcel Area (feet)

    Minimum Lot Area per Dwelling Unit

    Minimum Lot Width (feet)

    Front Yard (feet)

    Rear Yard (feet)

    Side Yard (feet)

    Street Side Yard (feet)

    Maximum Ground Coverage

    Maximum Building Height (feet)

    Permitted Uses

    3,000

    3,000

    35

    20*

    15

    5

    10

    50%

    35

    Conditional Uses

    3,000

    3,000

    35

    20*

    15

    5

    10

    50%

    35

    Attached Single Family or Duplex Dwelling (3 or more attached buildings)

    2100

    2100

    34 exterior

    24 interior

    20*

    15

    10 exterior

    lot

    10

    exterior lot

    50%

    35

  5. Miscellaneous Provisions.
    1. Supplementary regulations shall be complied with as defined herein.
    2. Only one principal building shall be permitted on one zoning lot except as otherwise provided herein.
    3. Front yard setback may be reduced to 10 foot if paved access easements and parking (garage counts as parking) is provide at the back of each lot.
    4. Sideyard setback for attached single family or duplex dwellings shall be reduced to 0 feet on all lots with contiguous attached units.

(Added by Ordinance 9653, effective 10-11-2017)
(Amended by Ordinance No. 9706, effective 10-2-2018)

HISTORY
Recorded by Other Matrix on 6/1/2021
Amended by Ord. 9966 on 3/12/2024

36-65 (R-4) High Density Residential Zone

Intent. To provide for residential uses at a maximum density of forty-three dwelling units per acre with supporting community facilities. This zoning district is also used as a transitional zone between lower density residential zones and office, business, or manufacturing zones.

  1. Permitted Principal Uses.
    1. Dwelling Units
    2. Boarding and lodging houses, fraternity and sorority houses
    3. Truck, bush and tree farming, provided there is no display or sale at retail of such products on the premises
    4. Public parks and recreational areas
    5. Country clubs as defined herein
    6. Public, parochial and private schools having a curriculum equivalent to an elementary or higher educational level and colleges offering courses of general instruction, including convents, monasteries, dormitories and other related living structures when located on the same site as the college.
    7. Churches, synagogues, chapels and similar places of religious worships and instruction of a quiet nature
    8. Utility substations necessary to the functioning of the utility, but not including general business offices, maintenance facilities and other general system facilities when located according to the yard space rules set forth in the section for dwellings and having a landscaped or masonry barrier on all sides. Buildings shall be of such design as to harmonize with nearby properties.
    9. Public and quasi-public buildings for cultural use.
    10. Railway right-of-way, but not including railway yards or facilities.
    11. Nonprofit community buildings and social welfare establishment.
    12. Preschools, nursery schools, day care centers, children's homes and similar facilities
    13. All other Permitted Principal Uses indicated as permitted within the Zoning Matrix [Attachment A hereto]
  2. Conditional Uses. The following uses are subject to any conditions listed in this chapter and are subject to other conditions relating to the placement of said use on a specific tract of ground in the (R-4) High Density Residential Zoning District as approved by the City Council.
    1. Driveways, parking lots or buildings when directly associated with or accessory to a permitted principal use in an adjacent zone.
    2. Towers
    3. Off-street parking areas for schools and places of religious worship/instruction on lands adjacent to and within three hundred (300.0) feet of the principal building associated with the aforementioned uses.
    4. Group Care Home for less than eight (8) individuals
    5. Elderly Home, Assisted Living
    6. All other Conditional Uses indicated as conditional within the Zoning Matrix [Attachment A hereto]
  3. Permitted Accessory Uses.
    1. Customary home occupations
    2. Buildings and uses accessory to the permitted principal uses
  4. Space Limitations.

    Uses

     

     

     

    Minimum Setbacks

     

     

     

     

     

    A

    B

    C

    D

    E

     

     

     

    Minimum Parcel Area (feet)

    Minimum Lot Area per Dwelling Unit

    Minimum Lot Width (feet)

    Front Yard (feet)

    Rear Yard (feet)

    Side Yard (feet)

    Street Side Yard (feet)

    Maximum Ground Coverage

    Maximum Building Height (feet)

    Permitted Uses

    6,000

    1,000

    50

    10

    10

    5

    10

    60%

    80

    Conditional Uses

    6,000

    1,000

    50

    10

    10

    5

    10

    60%

    80

  5. Miscellaneous Provisions.
    1. Supplementary regulations shall be complied with as defined herein.
    2. Only one principal building shall be permitted on one zoning lot except as otherwise provided herein.
HISTORY
Recorded by Other Matrix on 6/1/2021

36-66 (RO) Residential Office Zone

Intent. To provide the highest density of residential uses as well as for various office, personal services and professional uses. This zoning district is also used as a transitional zone between lower density residential zones and business or manufacturing zones.

  1. Permitted Principal Uses. The following principal uses are permitted in the (RO) Residential Office Zoning District.
    1. Dwelling units
    2. Boarding and lodging houses, fraternity and sorority houses
    3. Truck, bush and tree farming, provided, there is no display or sale at retail of such products on the premises
    4. Public parks and recreational areas
    5. Country clubs as defined herein
    6. Public, parochial and private schools having a curriculum equivalent to an elementary or higher educational level, and colleges offering courses of general instruction, including convents, monasteries, dormitories, and other related living structures when located on the same site as the college.
    7. Churches, synagogues, chapels, and similar places of religious worship and instruction of a quiet nature
    8. Utility substations necessary to the functioning of the utility, but not including general business offices, maintenance facilities and other general system facilities, when located according to the yard space rules set forth in this section for dwellings and having a landscaped or masonry barrier on all sides. Buildings shall be of such exterior design as to harmonize with nearby properties.
    9. Public and quasi-public buildings for cultural use.
    10. Railway right-of-way but not including railway yards or facilities.
    11. Nonprofit community buildings and social welfare establishments.
    12. Hospitals, nursing homes, convalescent or rest homes.
    13. Radio and television stations (no antennae), private clubs and meeting halls
    14. Vocational or trade schools, business colleges, art and music schools and conservatories, and other similar uses.
    15. Beauty parlors and barber shops.
    16. Office and office buildings for professional and personal services such as real estate, insurance, savings and loan associations, banks, accountants, architects, engineers, photographers, doctors, dentists, optometrists, chiropractors, podiatrists, etc.
    17. Retail activities shall be permitted but limited to uses pertaining to professional prescription services such as pharmacies, opticians, audiology, medical supply shops or items clearly accessory with the service such as picture frames to the photographer, shampoo and hair care items to the beauty and barber shop where retail space is limited to 20% of the total floor area
    18. Mortuaries, funeral homes, and funeral chapels.
    19. Preschools, nursery schools, day care centers, children's homes, and similar facilities.
    20. Group Care Home with less than eight (8) individuals
    21. Elderly Home, Assisted Living
    22. All other Permitted Principal Uses indicated as permitted within the Zoning Matrix [Attachment A hereto]
  2. Conditional Uses. The following uses are subject to any conditions listed in this chapter and are subject to other conditions relating to the placement of said use on a specific tract of ground in the (RO) Residential Office Zoning District as approved by City Council.
    1. Driveways, parking lots or buildings when directly associated with or accessory to a permitted principal use in an adjacent zone.
    2. Towers
    3. Off-street parking areas for schools and places of worship/instruction on lands adjacent to and within three hundred (300.0) feet of the principal building associated with the aforementioned uses.
    4. All other Conditional Uses indicated as conditional within the Zoning Matrix [Attachment A hereto]
  3. Permitted Accessory Uses.
    1. Customary home occupations
  4. Space Limitations.

    Uses

     

     

     

    Minimum Setbacks

     

     

     

     

     

    A

    B

    C

    D

    E

     

     

     

    Minimum Parcel Area (feet)

    Minimum Lot Area per Dwelling Unit

    Minimum Lot Width (feet)

    Front Yard (feet)

    Rear Yard (feet)

    Side Yard (feet)

    Street Side Yard (feet)

    Maximum Ground Coverage

    Maximum Building Height (feet)

    Permitted Uses

    6,000

    -

    50

    10

    10

    5

    10

    75%

    150

    Conditional Uses

    6,000

    -

    50

    10

    10

    5

    10

    75%

    150

  5. Miscellaneous Provisions.
    1. Supplementary regulations shall be complied with as defined herein.
    2. Only one principal building shall be permitted on one zoning lot except as otherwise provided herein.
HISTORY
Recorded by Other Matrix on 6/1/2021

36-67 (B-1) Light Business Zone

Intent. To provide for neighborhood shopping and service facilities this will serve the needs of the surrounding residential area. Residential uses are permitted at the density of the (R-4) High Density Residential Zoning District.

  1. Permitted Principal Uses. The following principal uses are permitted in the (B-1) Light Business Zoning District.
    1. Agencies as found in the Zoning Matrix [Attachment A hereto]
    2. Boarding and lodging houses, fraternity and sorority houses
    3. Churches, synagogues, chapels, and similar places of religious worship and instruction of a quiet nature
    4. Colleges offering courses of general instruction, including convents, monasteries, dormitories, and other related living structures when located on the same site as the college
    5. Country clubs
    6. Dwelling units
    7. Elderly Home, Assisted Living
    8. Group Care Home with less than eight (8) individuals
    9. Hospitals, nursing homes, convalescent or rest homes
    10. Mortuaries, funeral homes, and funeral chapels
    11. Nonprofit community buildings and social welfare establishments
    12. Office and office buildings for professional and personal services as found in the Zoning Matrix [Attachment A hereto]
    13. Preschools, nursery schools, day care centers, children's homes, and similar facilities
    14. Public parks and recreational areas
    15. Public, parochial and private schools having a curriculum equivalent to an elementary or higher educational level
    16. Public and quasi-public buildings for cultural use
    17. Radio and television stations (no antennae), private clubs and meeting halls
    18. Railroad right-of-way but not including railway yards or facilities
    19. Stores and shops that conduct retail business, provided, all activities and display goods are carried on within an enclosed building except that green plants and shrubs may be displayed in the open, as per the Zoning Matrix [Attachment A hereto]
    20. Truck, bush and tree farming, provided there is no display or sale at retail of such products on the premises
    21. Utility substations necessary to the functioning of the utility, but not including general business offices, maintenance facilities and other general system facilities, when located according to the yard space rules set forth in this section for dwellings and having a landscaped or masonry barrier on all sides. Buildings shall be of such exterior design as to harmonize with nearby properties
    22. Vocational or trade schools, business colleges, art and music schools and conservatories, and other similar uses
    23. Other uses as indicated in the Zoning Matrix [Attachment A hereto]
  2. Conditional Uses. The following uses are subject to any conditions in this chapter and are subject to other conditions relating to the placement of said use on a specific tract of ground in the (B-1) Light Business Zoning District as approved by City Council.
    1. Towers
    2. Other uses as indicated in the Zoning Matrix [Attachment A hereto]
  3. Permitted Accessory Uses.
    1. Buildings and uses accessory to the permitted principal use.
  4. Space Limitations.

    Uses

     

     

    Minimum Setbacks

     

     

     

     

    A

    B

    C

    D

    E

     

     

     

    Minimum Parcel Area (feet)

    Minimum Lot Width (feet)

    Front Yard (feet)

    Rear Yard (feet)

    Side Yard (feet)

    Street Side Yard (feet)

    Maximum Ground Coverage

    Maximum Building Height (feet)

    Permitted Uses

    3,000

    30

    10

    10

    5

    10

    75%

    35

    Conditional Uses

    3,000

    30

    10

    10

    5

    10

    75%

    35

  5. Miscellaneous Provisions.
    1. Supplementary regulations shall be complied with as defined herein.
    2. Only one principal building shall be permitted on one zoning lot except as otherwise provided herein.
HISTORY
Recorded by Other Matrix on 6/1/2021

36-68 (B-2) General Business Zone

Intent. The intent of this zoning district is to provide for the service, retail and wholesale needs of the general community. This zoning district will contain uses that have users and traffic from all areas of the community and trade areas, and therefore will have close proximity to the major traffic corridors of the City. Residential uses are permitted at the density of the (R-4) High Density Residential Zoning District.

  1. Permitted Principal Uses. The following principal uses are permitted in the (B-2) General Business Zoning District.
    1. Stores and shops that conduct retail business, provided, all activities and display goods are carried on within an enclosed building except that green plants and shrubs may be displayed in the open, as per the Zoning Matrix [Attachment A hereto]
    2. Office and office buildings for professional and personal service as found in the Zoning Matrix [Attachment A hereto]
    3. Agencies as found in the Zoning Matrix [Attachment A hereto]
    4. Dwelling units
    5. Board and lodging houses, fraternity and sorority houses
    6. Truck, bush and tree farming, provided, there is no display or sale at retail of such products on the premises
    7. Public parks and recreational areas
    8. Country clubs
    9. Public, parochial and private schools having a curriculum equivalent to an elementary or higher educational level
    10. Colleges offering courses of general instruction, including convents, monasteries, dormitories, and other related living structures when located on the same site as the college
    11. Churches, synagogues, chapels, and similar places of religious worship and instruction of a quiet nature
    12. Utility substations necessary to the functioning of the utility, but not including general business offices, maintenance facilities and other general system facilities, when located according to the yard space rules set forth in this section for dwellings and having a landscaped or masonry barrier on all sides. Buildings shall be of such exterior design as to harmonize with nearby properties
    13. Public and quasi-public buildings for cultural use
    14. Railway right-of-way but not including railway yards or facilities
    15. Nonprofit community buildings and social welfare establishments
    16. Hospitals, nursing homes, convalescent or rest homes
    17. Radio and television stations (no antennae), private clubs and meeting halls
    18. Vocational or trade schools, business colleges, art and music schools and conservatories, and other similar use
    19. Preschools, nursery schools, day care centers, children's homes, and similar facilities
    20. Group Care Home with less than eight (8) individuals
    21. Elderly Home, Assisted Living
    22. Stores and shops for the conduct of wholesale business, including sale of used merchandise
    23. Outdoor sales and rental lots for new and used automobiles, boats, motor vehicles, trailers, manufactured homes, farm and construction machinery, etc.
    24. Specific uses such as: archery range, billboards, drive-in theater, golf driving range, storage yard (no junk, salvage or wrecking)
    25. Manufacture, fabrication or assembly uses incidental to wholesale or retail sales wherein not more than 20% of the floor area is used
    26. Parking Lots
    27. Other uses as indicated in the Zoning Matrix [Attachment A hereto]
  2. Conditional Uses. The following uses are subject to any conditions listed in this chapter and are subject to other conditions relating to the placement of said use on a specific tract of ground in the (B-2) General Business Zoning District as approved by City Council.
    1. Recycling business
    2. Towers
    3. Other uses as indicated in the Zoning Matrix [Attachment A hereto]
  3. Permitted Accessory Uses.
    1. Building and uses accessory to the permitted principal use.

Space Limitations.

Uses

 

 

Minimum Setbacks

 

 

 

 

A

B

C

D

E

 

 

 

Minimum Parcel Area (feet)

Minimum Lot Width (feet)

Front Yard (feet)

Rear Yard (feet)

Side Yard (feet)

Street Side Yard (feet)

Maximum Ground Coverage

Maximum Building Height (feet)

Permitted Uses

3,000

30

10

01

02

10

100%

55

Conditional Uses

3,000

30

10

01

02

10

100%

55

1 No rear yard setback is required if bounded by an alley, otherwise a setback of 10 feet is required.
2 No side yard setback is required, but if provided, not less than five feet, or unless adjacent to a parcel whose zone requires a side yard setback, then five feet. When adjacent to a public alley, the setback is optional and may range from 0 feet to 5 feet.

3 Maximum building height may be increased by 1 foot for every 4 feet of additional set back from the required minimum setbacks for a maximum building height of 160 feet. For example, 40 feet of additional setback from the required minimum setbacks would result in a maximum building height of 65 feet.

  1. Miscellaneous Provisions.
    1. Supplementary regulations shall be complied with as defined herein.
    2. Only one principal building shall be permitted on one zoning lot except as otherwise provided herein.

(Amended by Ordinance No. 8947, effective 1-5-2005)
(Amended by Ordinance No 9151, effective 12-18-2007)

HISTORY
Recorded by Other Matrix on 6/1/2021
Amended by Ord. 9935 on 8/9/2023

36-69 (AC) Arterial Commercial Overlay Zone

Intent. The intent of this zoning district is to provide an overlay of the (B-2) General Business Zoning District in order to require increased front setbacks, landscaping, and the limitation of some uses within areas along entrance corridors of the city. As the name implies, the overlay will be most commonly used along an arterial street corridor.

  1. Permitted Principal Uses. The following principal uses are permitted in the (AC) Arterial Commercial Overlay District.
    1. Agencies as found in the Zoning Matrix [Attachment A hereto]
    2. Boarding and lodging houses, fraternity and sorority houses
    3. Churches, synagogues, chapels, and similar places of religious worship and instruction of a quiet nature
    4. Colleges offering courses of general instruction, including convents, monasteries, dormitories, and other related living structures when located on the same site as the college
    5. Country clubs
    6. Dwelling units
    7. Elderly Home, Assisted Living
    8. Group Care Home with less than eight (8) individuals
    9. Hospitals, nursing homes, convalescent or rest homes
    10. Manufacture, fabrication or assembly uses incidental to wholesale or retail sales wherein not more than 20% of the floor area is so used
    11. Nonprofit community buildings and social welfare establishments
    12. Office and office buildings for professional and personal service as found in the Zoning Matrix [Attachment A hereto]
    13. Outdoor sales and rental lots for new or used automobiles, boats, motor vehicles, trailers, manufactured homes, farm and construction machinery, etc.
    14. Preschools, nursery schools, day care centers, children's homes, and similar facilities
    15. Public parks and recreational areas
    16. Public, parochial and private schools having a curriculum equivalent to an elementary or higher educational level
    17. Public and quasi-public buildings for cultural use
    18. Radio and television stations (no antennae), private clubs and meeting halls
    19. Railway right-of-way but not including railway yards or facilities
    20. Specific uses such as: archery range, drive-in theatre, golf driving range
    21. Stores and shops that conduct retail business, provided, all activities and display goods are carried on within an enclosed building except that green plants and shrubs may be displayed in the open, as per the Zoning Matrix (Attachment A hereto)
    22. Stores and shops for the conduct of wholesale business, including sale of used merchandise.
    23. Truck, bush and tree farming, provided, there is no display or sale at retail of such products on the premises
    24. Utility substations necessary to the functioning of the utility, but not including general business offices, maintenance facilities and other general system facilities, when located according to the yard space rules set forth in this section for dwellings and having a landscaped or masonry barrier on all sides. Buildings shall be of such exterior design as to harmonize with nearby properties
    25. Vocational or trade schools, business colleges, art and music schools and conservatories, and other similar uses
    26. Other uses as indicated in the Zoning Matrix [Attachment A hereto]
  2. Conditional Uses. The following uses are subject to any conditions listed in this chapter and are subject to other conditions relating to the placement of said use on a specific tract of ground in the (AC) Arterial Commercial Overlay District as approved by City Council.
    1. Towers
    2. Campgrounds including those serving recreational vehicles subject to following conditions:
      1. Developer shall submit a diagram of the proposed camp ground including a plot plan of the pads, landscaping plan, utility plan and interior street plan with the application for a conditional use permit.
      2. A minimum of one toilet and one lavatory shall be provided for each sex up to the first 25 sites. An additional toilet and lavatory for each sex shall be provided for each additional 25 sites or fraction thereof not provided with sewer connections.
      3. All RV pads shall be provided with a landscape buffer yard or street yard as identified in the landscaping section of this code.
      4. Pads shall not be accessible from any public way.
  3. Permitted Accessory Uses.
    1. Buildings and uses accessory to the permitted principal uses
    2. Automotive body repair may be accessory to new or used automotive sales or rental, provided, no outside storage of parts shall be permitted.
  4. Space Limitations.

    Uses

     

     

    Minimum Setbacks

     

     

     

     

    A

    B

    C

    D

    E

     

     

     

    Minimum Parcel Area (feet)

    Minimum Lot Width (feet)

    Front Yard (feet)

    Rear Yard (feet)

    Side Yard (feet)

    Street Side Yard (feet)

    Maximum Ground Coverage

    Maximum Building Height (feet)

    Permitted Uses

    5,000

    50

    20

    01

    02

    10

    80%

    55

    Conditional Uses

    5,000

    50

    20

    01

    02

    10

    80%

    55

    1 No rear yard setback is required if bounded by an alley, otherwise a setback of 10 feet is required.
    2 No side yard setback is required, but if provided, not less than 5 feet, or unless adjacent to a parcel whose zone requires a side yard setback, then 5 feet.
  5. Procedure.
    1. An application for an amendment to the arterial commercial zone on the Official Zoning Map shall follow all procedural requirements as set forth in this Section.
  6. Miscellaneous Provisions.
    1. Supplementary regulations shall be complied with as defined herein.
    2. Only one principal building shall be permitted on any one zoning lot except as otherwise provided herein.
    3. Landscaping shall be provided and maintained within the 20 foot front yard setback. Landscaping shall mean lawn areas and may also include trees, shrubs, and flowers. Crushed or lava rock, gravel, bark chips, etc. shall not substitute for lawn area.
    4. All improvements and uses shall be designed to direct primary vehicular and pedestrian traffic to arterial street access and reduce such traffic on adjacent non-arterial streets and alleys.

(Amended by Ordinance No. 8947, effective 01-05-2005)
(Amended by Ordinance No. 9202, effective 02-15-2009) (Amended by Ordinance No. 9349, effective 01-31-2012)

HISTORY
Recorded by Other Matrix on 6/1/2021

36-70 (B-3) Heavy Business Zone

Intent. The intent of this zoning district is to provide for the multiple uses within the central business district. Residential uses are permitted at the density of the (RO) Residential Office Zone.

  1. Permitted Principal Uses. The following principal uses are permitted in the (B-3) Heavy Business Zoning District.
    1. Agencies as found in the Zoning Matrix [Attachment A hereto]
    2. Boarding and lodging houses, fraternity and sorority houses
    3. Churches, synagogues, chapels, and similar places of religious worship and instruction of a quiet nature
    4. Colleges offering courses of general instruction, including convents, monasteries, dormitories, and other related living structures when located on the same site as the college
    5. Dwelling units
    6. Elderly Home, Assisted Living
    7. Group Care Home with less than eight (8) individuals
    8. Hotel and motel uses
    9. Mortuaries, funeral homes, and funeral chapels
    10. Nonprofit community buildings and social welfare establishments
    11. Office and office buildings for professional and personal services as found in the Zoning Matrix [Attachment A hereto]
    12. Parking Lots
    13. Preschools, nursery schools, day care centers, children's homes, and similar facilities
    14. Public parks and recreational areas
    15. Public, parochial and private schools having a curriculum equivalent to an elementary or higher educational level
    16. Public and quasi-public buildings for cultural use
    17. Radio and television stations (no antennae), private clubs and meeting halls
    18. Railway right-of-way but not including railway yards or facilities
    19. Restaurants, Bars and Nightclubs
    20. Stores and shops that conduct retail business, as per the Zoning Matrix [Attachment A hereto]. Outdoor retail activities and display of goods may occupy not more than 10% of the lot area.
    21. Utility substations necessary to the functioning of the utility, but not including general business offices, maintenance facilities and other general system facilities, when located according to the yard space rules set forth in this section for dwellings and having a landscaped or masonry barrier on all sides. Buildings shall be of such exterior design as to harmonize with nearby properties
    22. Vocational or trade schools, business colleges, art and music schools and conservatories, and other similar uses
    23. Other uses as indicated in the Zoning Matrix [Attachment A hereto]
  2. Conditional Uses. The following uses are subject to any conditions listed in this chapter and are subject to other conditions relating to the placement of said use on a specific tract of ground in the (B-3) Heavy Business Zoning District as approved by City Council.
    1. Manufacture, fabrication or assembly uses incidental to wholesale or retail sales wherein not more than 20% of the floor area is so used
    2. Outdoor sales and rental lots for new or used automobiles, boats, motor vehicles, trailers, manufactured homes, farm and construction machinery
    3. Stores and shops for the conduct of wholesale business, including sale of used merchandise.
    4. Towers
    5. Automobile body repair; subject to the following minimum standards:

      No storage of parts or unlicensed vehicles outside of an enclosed building.

      The facility shall meet or exceed all building and fire code requirements.
    6. Other uses as indicated in the Zoning Matrix [Attachment A hereto]
  3. Permitted Accessory Uses.
    1. Buildings and uses accessory to the permitted principal use.
  4. Space Limitations.

    Uses

     

     

    Minimum Setbacks

     

     

     

     

    A

    B

    C

    D

    E

     

     

     

    Minimum Parcel Area (feet)

    Minimum Lot Width (feet)

    Front Yard (feet)

    Rear Yard (feet)

    Side Yard (feet)

    Street Side Yard (feet)

    Maximum Ground Coverage

    Maximum Building Height (feet)

    Permitted Uses

    3,000

    30

    0

    01

    02

    0

    100%

     

    Conditional Uses

    3,000

    30

    0

    01

    02

    0

    100%

     

    1 No rear yard setback is required if bounded by an alley, otherwise a setback of 10 feet is required.
    2 No side yard setback is required, but if provided, not less than 5 feet or unless adjacent to a parcel whose zone requires a side yard setback, then 5 feet.
  5. Miscellaneous Provisions.
    1. Supplementary regulations shall be complied with as defined herein.
    2. Only one principal building shall be permitted on one zoning lot except as otherwise provided.

(Amended by Ordinance No. 8947, effective 1-5-2005) (Amended by Ordnance No. 9166, effective 5-13-2008) (Amended by Ordnance No. 9738, effective 7-10-2019) (Amended by Ordnance No. 9832, effective 7-7-2021)

HISTORY
Recorded by Other Matrix on 6/1/2021

36-71 (ME) Industrial Estates Zone

Intent. The intent of this zoning district is to provide for a variety of manufacturing, truck, trailer, and truck/trailer parts retailing, truck, trailer, and truck/trailer parts wholesaling, warehousing, administrative and research uses within an area of comparatively high visibility and having quality standards to promote an industrial park atmosphere.

  1. Permitted Principal Uses. The following principal uses are permitted in the (ME) Industrial Estates Zoning District.
    1. Any industrial/manufacturing use found in the Zoning Matrix [Attachment A hereto] shall be permitted within this zoning district, provided, such use is in compliance with miscellaneous provisions and performance standards listed in this section, or unless specifically excluded, or a conditional use as listed below.
    2. Administrative offices for the wholesale distribution of propane when bottles are filled from bulk propane tanks not to exceed 70,000 gallons and when such tanks are installed to provide a source of heat for a building on the lot.
    3. Bus Garaging and Equipment Maintenance, Truck and Trailer Storage, Motor Freight Terminals
    4. Other uses found in Zoning Matrix [Attachment A hereto]
  2. Conditional Uses. The following uses are subject to any conditions listed in this chapter and are subject to other conditions relating to the placement of said use on a specific tract of ground in the (ME) Industrial Estates Zoning District as approved by the City Council.
    1. Explosives manufacturing
    2. Towers (radio, television, satellite, etc.)
    3. Gravel, sand or dirt removal, stockpiling, processing or distribution and batching plant
    4. Trade and vocational schools
    5. Commercial Recreational Vehicle Storage
  3. Permitted Accessory Uses.
    1. Buildings and uses accessory to the permitted principal uses or approved permitted conditional uses.
  4. Specifically Excluded Uses.
    1. Automotive wrecking or salvage yards
    2. Billboards
    3. Churches, schools, institutions and other similar public and semi-public uses except for trade and vocational schools
    4. Concrete or cement products manufacturing and batching plants
    5. Contractor's storage yard or plant
    6. Milling or smelting of ores
    7. Petroleum refining
    8. Residential uses, any
    9. Stock or feed yards and auction houses for livestock
    10. Storage, dump, or yard for the collection, salvage or bailing of scrap paper, bottles, iron, rags, junk, or any other materials
    11. Storage of explosives
    12. Storage tanks or facilities for fuel oils, petroleum, acids, flammable liquids and chemicals
    13. Tanning, curing, or storage of hides or skins
  5. Space Limitations.

    Uses

     

     

    Minimum Setbacks

     

     

     

     

    A

    B

    C

    D

    E

     

     

     

    Minimum Parcel Area (acres)

    Minimum Lot Width (feet)

    Front Yard (feet)

    Rear Yard (feet)

    Side Yard (feet)

    Street Side Yard (feet)

    Maximum Ground Coverage

    Maximum Building Height (feet)

    Permitted Uses

    2.5

    250

    50

    20

    20

    50

    50%

    50

    Conditional Uses

    2.5

    250

    50

    20

    20

    50

    50%

    50

    Through Lots shall require that the Front Yard Setback be met on both sides adjacent to streets.
  6. Miscellaneous Provisions.
    1. Landscaping shall be provided in the entire area of all required front yards except for necessary paving of walkways and of driveways to reach parking and loading areas in the side or rear yards, provided, that any driveways in the front yard shall not be wider than thirty (30) feet. Landscaping shall include, but is not limited to, screen plantings, lawn area, pools, trees, shrubs, fences, and walls. Crushed rock, gravel, bark chips, etc., shall not substitute for lawn area.
    2. Any outside storage of inoperable or unassembled parts or equipment shall be visually screened from the surrounding area by fences, walls, plantings, earth berm or other barrier and such screening shall be opaque.
    3. No loading facilities shall be located within a required front yard. Loading facilities located between a building and an adjacent street or residential district shall be visually screened to the same standards as any outside storage.
    4. No galvanized or other raw metal sheeting shall be used for the exterior construction of any principal or accessory building.
    5. Supplementary regulations shall be complied with as defined herein.
    6. Only one principal building shall be permitted on one zoning lot except as otherwise provided herein.

(Amended by Ordinance No. 9047, effective 06-07-2006)
(Amended by Ordinance No. 9154, effective 01-08-2008) (Amended by Ordinance No. 9294, effective 05-31-2011) (Amended by Ordinance No. 9295, effective 07-05-2011)

HISTORY
Recorded by Other Matrix on 6/1/2021

36-72 (M-1) Light Manufacturing Zone

Intent. The intent of this zoning district is to provide for light fabrication, service, warehousing, administrative and research uses within a zoning district having generally limited public contact and requiring some minimal landscaping standards.

  1. Permitted Principal Uses. The following principal uses are permitted in the (M-1) Light Manufacturing Zoning District.
    1. Administrative, executive, professional, research and similar office use having limited contact with the public
    2. Agriculture, including the raising of field crops, tree and bush crops, animals and fowls, but not including feed lots, poultry farms, fur farms, and commercial kennels
    3. Buildings and installations for public utilities; facilities shall observe yard space requirements but shall not be subject to minimum area or width requirements
    4. Railway right-of-way, but not including railway yards or facilities
    5. Radio and television stations, private clubs, and meeting halls
    6. Manufacture, processing, assembly, fabrication or storage of non-hazardous products and materials
    7. Parking Lot
    8. Other uses found in the Zoning Matrix [Attachment A hereto]
  2. Conditional Uses. The following uses are subject to any conditions listed in this chapter and are subject to other conditions relating to the placement of said use on a specific tract of ground in the (M-1) Light Manufacturing Zoning District as approved by City Council.
    1. Gravel, sand, or dirt removal, stockpiling, processing or distribution, and batching plant
    2. Concrete or cement products manufacturing and batching plant.
    3. Truck terminal, tractor, trailer, or truck storage, including maintenance facilities
    4. Contractor's storage yard or plant
    5. Motels and hotels
    6. Towers
  3. Permitted Accessory Uses.
    1. Sales of new merchandise when same is manufactured, processed, assembled, fabricated or stored on the premises
    2. Buildings and uses accessory to the permitted principal use
    3. A single dwelling unit occupying not more than 50% of the space located within the permitted principal structure on the property and not to exceed 750 square feet. Building shall conform to all building and life safety codes necessary for the mix of uses.
  4. Specifically Excluded Uses.
    1. Residences as a principal use
    2. Manufactured homes and manufactured home parks
    3. Churches, schools, institutions and other public and semi-public uses except for trade and vocational schools
  5. Space Limitations.

    Uses

     

     

    Minimum Setbacks

     

     

     

     

    A

    B

    C

    D

    E

     

     

     

    Minimum Parcel Area (feet)

    Minimum Lot Width (feet)

    Front Yard (feet)

    Rear Yard (feet)

    Side Yard (feet)

    Street Side Yard (feet)

    Maximum Ground Coverage

    Maximum Building Height (feet)

    Permitted Uses

    20,000

    100

    351

    20

    10

    10

    50%

    50

    Conditional Uses

    20,000

    100

    351

    20

    10

    10

    50%

    50


  6. Miscellaneous Provisions.
    1. Supplementary regulations shall be complied with as defined herein
    2. Only one principal building shall be permitted on one zoning lot except as otherwise provided herein.

(Amended by Ordinance No. 8947, effective 1-5-2005) (Amended by Ordinance No. 9256, effective 4-7-2010) (Amended by Ordinance No. 9706, effective 10-2-2018)

HISTORY
Recorded by Other Matrix on 6/1/2021
Amended by Ord. 9923 on 3/28/2023

36-73 (M-2) Heavy Manufacturing Zone

Intent. The intent of this zoning district is to provide for the greatest amount of manufacturing, warehousing, wholesaling and business uses. Conditional use permits are required for those uses with more significant health and safety concerns.

  1. Permitted Principal Uses.
    1. Administrative, executive, professional, research and similar office use having limited contact with the public
    2. Agencies as found in the Zoning Matrix [Attachment A hereto]
    3. Agriculture, including the raising of field crops, tree and bush crops, animals and fowl, but not including feed lots, poultry farms, and fur farms
    4. Concrete or cement products manufacturing and batching plant
    5. Contractors storage yard or plant
    6. Gravel, sand or dirt removal, stockpiling, processing or distribution, and batching plant
    7. Manufacture, processing, assembly, fabrication and/or storage of non-hazardous products and materials
    8. Mortuaries, funeral homes, and funeral chapels
    9. Parking Lot
    10. Office and office buildings for professional and personal services as found in the Zoning Matrix [Attachment A hereto]
    11. Outdoor sales and rental lots for new or used automobiles, boats, motor vehicles, trailers, manufactured homes, farm and construction machinery
    12. Radio and television stations, private clubs and meeting halls
    13. Railway right-of-way, including yards and facilities
    14. Stores and shops that conduct retail business, provided, all activities and display goods are carried on within an enclosed building except that green plants and shrubs may be displayed in the open, as per the Zoning Matrix [Attachment A hereto]
    15. Stores and shops for the conduct of wholesale business, including sale of used merchandise
    16. Truck, bush and tree farming, provided, there is no display or sale at retail of such products on the premises
    17. Truck terminal, tractor, trailer, or truck storage, including maintenance facilities
    18. Utility substations necessary to the functioning of the utility, but not including general business offices, maintenance facilities and other general system facilities, when located according to the yard space rules set forth in this section for dwellings and having a landscaped or masonry barrier on all sides. Buildings shall be of such exterior design as to harmonize with nearby properties
    19. Vocational or trade schools, business colleges, art and music schools and conservatories, and other similar uses
    20. Other uses found in the Zoning Matrix [Attachment A hereto]
  2. Conditional Uses. The following uses are subject to any conditions listed in this chapter and are subject to other conditions relating to the placement of said use on a specific tract of ground in the (M-2) Heavy Manufacturing Zoning District as approved by City Council.
    1. Automobile wrecking yard
    2. Acid or acid by-products manufacture
    3. Ammonia bleaching powder, chlorine, perozylin or celluloid manufacture
    4. Explosives manufacture or storage
    5. Garbage, refuse, offal or dead animal reduction or disposal area
    6. Glue manufacture, fat rendering, distillation of bones or by-products
    7. Meat packing plants, including poultry and animal slaughterhouses and abattoirs
    8. Milling or smelting of ores
    9. Petroleum refining
    10. Motels and hotels
    11. Petroleum refining
    12. Stock or feed yards
    13. Salvage yard
    14. Tanning, curing, or storage of hides or skins
    15. Towers
  3. Permitted Accessory Uses.
    1. Buildings and uses accessory to the permitted principal uses
    2. A single dwelling unit occupying not more than 50% of the space located within the permitted principal structure on the property and not to exceed 750 square feet. Building shall conform to all building and life safety codes necessary for the mix of uses.
  4. Specifically Excluded Uses.
    1. Residences as a principal use
    2. Manufactured homes, and manufactured home parks
    3. Churches, schools, institutions and other public and semi-public uses except for trade and vocational schools
  5. Space Limitations.

    Uses

     

     

    Minimum Setbacks

     

     

     

     

    A

    B

    C

    D

    E

     

     

     

    Minimum Parcel Area (feet)

    Minimum Lot Width (feet)

    Front Yard (feet)

    Rear Yard (feet)

    Side Yard (feet)

    Street Side Yard (feet)

    Maximum Ground Coverage

    Maximum Building Height (feet)

    Permitted Uses

    6,000

    50

    10

    01

    02

    10

    65%

    -

    Conditional Uses

    6,000

    50

    10

    01

    02

    10

    65%

    -

    1 None when bounded by an alley, otherwise 10 feet
    2 No required Side Yard Setback, but if provided, not less than 5 feet or unless adjacent to a parcel whose zone requires a side yard setback, then 5 feet. When adjacent to a public alley, the setback is optional and may range from 0 feet to 5 feet.
  6. Miscellaneous Provisions.
    1. Supplementary regulations shall be complied with as defined herein.
    2. Only one principal building shall be permitted on one zoning lot except as otherwise provided herein.

(Amended by Ordinance No. 8947, effective 1-5-2005) (Amended by Ordinance No. 9256, effective 4-7-2010) (Amended by Ordinance No. 9706, effective 10-2-2018)

HISTORY
Recorded by Other Matrix on 6/1/2021

36-74 (M-3) Mixed Use Manufacturing Zone

Intent. To provide for a mix of light manufacturing, warehousing, wholesaling, retail, and residential uses. This zoning district is reflective of the mix of uses historically present along the Union Pacific Railroad tracks through the central city.

  1. Permitted Principal Uses.
    1. Churches
    2. Residential dwellings at the same density as the (R-4) High Density Residential Zoning District
    3. Truck terminal, tractor, trailer, or truck storage, including maintenance facilities
    4. Animal hospital and veterinary clinic
    5. Arena or athletic field or track
    6. Automobile body repair
    7. Automobile service station
    8. Bakery
    9. Bottling plant
    10. Blueprinting
    11. Brewery or distillery
    12. Café or restaurant
    13. Cannery
    14. Carpenter or woodworking shop
    15. Carpet cleaning
    16. Casting of lightweight or nonferrous metals
    17. Crating and hauling depot
    18. Dairy products distribution
    19. Dry cleaning and laundry plant
    20. Feed and seed processing and storage
    21. Furniture repair and warehousing
    22. Garage
    23. Laboratories
    24. Lapidary
    25. Parking Lots
    26. Printer
    27. Publisher or lithographer
    28. Sign painting or manufacture
    29. Stone and monument works
    30. Storage yards or buildings for lumber, gas, oil and similar materials; but not explosives, vitreous ware, pottery and porcelain manufacture
    31. Warehouse
    32. Manufacture, processing, assembly, fabrication or storage of products and materials similar to the above
    33. Railway right-of-way, including yards and facilities
    34. Other uses as permitted in the Zoning Matrix [Attachment A hereto]
  2. Conditional Uses. The following uses may be permitted, if approved by the city council, in accordance with procedures set forth in Article VI of this chapter.
    1. Salvage yards except those dealing primarily with hazardous or regulated waste
    2. Towers
  3. Permitted Accessory Uses.
    1. Buildings and uses accessory to the permitted principal uses
  4. Specifically Excluded Uses.
    1. Manufactured home parks
  5. Space Limitations.

    Uses

     

     

    Minimum Setbacks

     

     

     

     

    A

    B

    C

    D

    E

     

     

     

    Minimum Parcel Area (feet)

    Minimum Lot Width (feet)

    Front Yard (feet)

    Rear Yard (feet)

    Side Yard (feet)

    Street Side Yard (feet)

    Maximum Ground Coverage

    Maximum Building Height (feet)

    Permitted Uses

    6,000

    50

    101

    02

    03

    10

    65%

    -

    Conditional Uses

    6,000

    50

    101

    02

    03

    10

    65%

    -

    1 Shall be zero when located in Central Business District and Fourth Street Business District
    2 None when bounded by an alley, otherwise 10 feet
    3 No required Side Yard Setback, but if provided, not less than 5 feet or unless adjacent to a parcel whose zone requires a side yard setback, then 5 feet. When adjacent to a public alley, the setback is optional and may range from 0 feet to 5 feet.
  6. Miscellaneous Provisions.
    1. Supplementary regulations shall be complied with as defined herein.
    2. Only one (1) principal building shall be permitted on each zoning lot except as otherwise provided herein.

(Amended by Ordinance No. 8947, effective 1-5-2005)
(Amended by Ordinance No. 9151, effective 12-18-2007)

HISTORY
Recorded by Other Matrix on 6/1/2021

36-76 (CD) Commercial Development Zone

  1. Intent. The intent of this zoning district is to permit a more flexible regulation of land use so as to more fully implement comprehensive planning for large parcels of land proposed for commercial use.
  2. Boundaries. The boundaries of the (CD) Commercial Development Zoning District shall be fixed by amendment of the Official Zoning Map, at such times in the future as such district is applied to properties within the City's zoning jurisdiction.
  3. Limitations.
    1. In a (CD) Commercial Development Zoning District, there shall be provided a minimum size of 1.5 acres
    2. Any proposed development shall be constructed in accordance with an overall plan of development.
    3. Any proposed plan of development shall be designed as a single architectural scheme with appropriate common landscaping.
    4. Adequate parking space shall be provided for all employees', visitors', and users' vehicles, and such parking, loading or service areas that shall be used for motor vehicles shall be located within the boundary lines of the (CD) Commercial Development Zoning District and shall be physically separated from any public street, right-of-way or property line by a buffer strip of not less than 30 feet along the exterior of the (CD) Commercial Development Zone. The buffer strip is not required if such public street, right-of-way or property line is also adjacent to other properties zoned either (CD) Commercial Development Zone or (RD) Residential Development Zone. Setbacks from property lines will be review with the development plan and plat.
    5. 5. No building or other permanent structure, nor parking lot, shall be located within 30 feet of any public street, right-of-way, or property line along the exterior of the (CD) Commercial Development Zone. Trees shrubs, and other plantings may be included in the buffer strip. The number of trees and shrubs shall not be regulated by the landscaping section of this code. The buffer strip is not required if such public street, right-of-way or property line is also adjacent to other properties zoned either (CD) Commercial Development Zone or (RD) Residential Development Zone. Landscaping plans will be reviewed with the development plan and plat. Setbacks from property lines will be reviewed with the development plan and plat.
    6. The maximum ground coverage shall not exceed 50% of each site within the (CD) Commercial Development Zoning District.
    7. The minimum off-street parking requirement shall be provided as defined in this chapter of the city code.
  4. Ownership. A (CD) Commercial Development Zoning District shall require a tract of land which is developed as a unit under single ownership or control, or which is under single designated control by a common ownership at the time it is certified as a (CD) Commercial Development Zone.
  5. Permitted Uses.
    1. Public and quasi-public buildings for cultural use
    2. Nonprofit community buildings and social welfare establishments
    3. Radio and television stations (no antennae), and meeting halls
    4. Offices and office buildings
    5. Stores and shops for the conduct of retail business, provided, all activities and displays of goods are carried on within an enclosed building except that green plants and shrubs may be displayed in the open.
    6. Retail uses as found in the Zoning Matrix [Attachment A hereto]
    7. Agencies as found in the Zoning Matrix [Attachment A hereto]
    8. Shops as found in the Zoning Matrix [Attachment A hereto]
    9. Motel and hotel uses.
    10. Residential uses with the largest percentage at least 75% above the ground level.
    11. Other uses as found in the Zoning Matrix [Attachment A hereto]
  6. Conditional Uses. The following uses are subject to any conditions listed in this chapter and are subject to other conditions relating to the placement of said use on a specific tract of ground in the (CD) Commercial Development Zoning District as approved by City Council.
    1. Towers
  7. Permitted Accessory Uses.
    1. Buildings and uses accessory to the permitted principal use.
  8. Procedure.
    1. An application to amend the Official Zoning Map to establish a CD-Commercial Development Zone shall be initiated in the manner prescribed in Article X of this chapter.
    2. Said application shall be filed with the city clerk in such form as shall be required by the city council, and shall be accompanied by the following information:
      1. Site plan showing preliminary location and dimensions of all building areas, recreation, green or landscaped areas, parking and loading facilities, walkways or malls, screen walls, or plantings, waste disposal areas, illumination facilities, signs, curb cuts, utilities and service, private or dedicated drives or streets, etc.
      2. Preliminary drawings or renderings in sufficient detail so that the character of the development may be so determined.
      3. Evidence as to the methods of retaining, maintaining, and protecting the open space, green areas, recreational facilities, etc.
      4. Development schedule as to construction phases of buildings, open space, recreational areas, parking facilities, etc., and estimated completion time.
      5. Evidence of ownership or control of the entire parcel to be used as a planned unit development by a single person, association, firm, etc., as defined herein.
      6. Evidence of economic feasibility: a copy of such application and supplementary information shall then be forwarded by the city clerk to the Planning Commission for review, hearing, and recommendation.
    3. In reviewing the application for amendment, the Planning Commission shall determine the following factors:
      1. That the proposed development will be in the public interest, in harmony with the purpose of this chapter and with comprehensive development plans for the City and will not adversely affect nearby property.
      2. That adequate, safe, and convenient pedestrian and vehicular trafficways and facilities are provided.
      3. That the development to be permitted shall be for the purpose of developing an integrated site plan in conformity with the regulations for a CD-Commercial Development Zone.
    4. The Planning Commission shall hold a public hearing on the proposed amendment and shall transmit its recommendation to the city council; a copy of the recommendation shall be sent to the applicant and one copy shall be retained in the permanent files of the Planning Commission.
    5. Procedure and action by the city council shall be the same as considering an amendment to a (CD) Commercial Development Zoning District as in Article X of this chapter.
  9. Miscellaneous Provisions.
    1. It is intended that plans required for review and approval must be in a form that will satisfy the requirements of the subdivision regulations for both the preliminary and final plat and that approval for plans and plats be considered simultaneously.
    2. The approved and filed final plan and plat shall be the basis for issuance of a building permit in conformity therewith; the initial building permit shall include as a minimum 50% of the main building or structure; free-standing subordinate buildings shall not be included in the initial permit and shall not receive a permit until the initial permit phase is over 50% constructed; plan changes which increase the number of buildings, increase building height or bulk, or change the location of buildings or other features which materially affect the basic design of the development shall require resubmission of the amendment. Minor adjustments in orientation, height or bulk of buildings, or decrease in number of buildings shall be approved by the Planning Director.
    3. Should any successful applicant for an amendment hereunder fail to have completed the construction of the footings and foundations for the initial building permit within eighteen (18) months after the city council shall approve a rezoning to a (CD) Commercial Development Zoning District, the area in its entirety shall be reverted to its former zoning classification by appropriate action of the city council, provided, that the city council shall have the power to extend said period by six (6) months in the event of special and unique hardships and circumstances.
    4. Control of the development following completion:
      1. The chief building official shall issue a certificate certifying the completion of the planned development, and shall note the issuance of the certificate on the final development plan.
      2. After the certificate of completion has been issued, the use of land and the construction, modification, or alteration of any buildings or structures within the (CD) Commercial Development Zoning District will be governed by the approved final development plan exclusively.
      3. After the certificate of completion has been issued, no changes may be made in the approved final development plan except upon application to the appropriate agency under the procedures provided below:
        1. Any minor extensions, alterations, or modifications of existing buildings or structures shall be authorized by the Planning Director if they are consistent with the purposes and intent of the final plan; no change authorized by this subsection may increase the density of any building or structure by more than ten percent.
        2. A building or structure that is totally or substantially destroyed may be reconstructed only in compliance with the final development plan unless an amendment to the final development plan is approved under subsection (3) hereof.
        3. All other changes in the final development plan as approved by the city council must be made by the city council under the procedures authorized under Article X for amendment of the Official Zoning Map; no changes may be made in the final development plan unless they are found by the city council to be required for the continued successful functioning of the commercial development, or unless they are found by the city council to be required by changes in conditions that have occurred since the final plan was improved or by changes in the comprehensive planning and development policy of the City.

(Amended by Ordinance No. 9871, effective 02-9-2022)

HISTORY
Recorded by Other Matrix on 6/1/2021
Amended by Ord. 9923 on 3/28/2023

36-77 (TD) Travel Development Zone

Intent. The intent of this zoning district is to provide for only those trade and service uses in connection with federal interstate highway interchanges as are needed and considered appropriate to the location.

  1. Permitted Principal Uses.
    1. Motels and/or hotels
    2. Restaurants and cafes, with or without drive-in facilities
    3. Lounges and/or taverns
    4. Automobile service stations and truck service centers
    5. Automobile and truck wash
    6. Billboards
    7. Other uses as found in the Zoning Matrix [Attachment A hereto]
  2. Conditional Uses. The following uses are subject to any conditions listed in this chapter and are subject to other conditions relating to the placement of said use on a specific tract of ground in the (TD) Travel Development Zone as approved by City Council.
    1. Utility substations
    2. Motor home and travel trailer parks and camping facilities
    3. Recreational uses such as amusement parks, miniature golf courses, exhibition halls and centers, recreation centers and sports fields
    4. Towers
  3. Permitted Accessory Uses.
    1. Buildings and uses accessory to the permitted principal use
  4. Specifically Excluded Uses.
    1. Any residential use except quarters for management within the principal building
  5. Space Limitations.

    Uses

     

     

    Minimum Setbacks

     

     

     

     

    A

    B

    C

    D

    E

     

     

     

    Minimum Parcel Area (feet)

    Minimum Lot Width (feet)

    Front Yard (feet)

    Rear Yard (feet)

    Side Yard (feet)

    Street Side Yard (feet)

    Maximum Ground Coverage

    Maximum Building Height (feet)

    Permitted Uses

    40,000

    200

    50

    20

    10

    50

    60%

    50

    Conditional Uses

    40,000

    200

    50

    20

    10

    50

    60%

    50

    1with 15 feet adjacent to a street landscaped to satisfaction of the zoning official.
  6. Miscellaneous Provisions.
    1. Landscaping shall be provided in the entire area of all required front yards except for necessary paving of walkways and of driveways to reach parking and loading areas in the side or rear yards, provided, that any driveways in the front yard shall not be wider than 30 feet. Landscaping shall include but is not limited to screen plantings, lawn area, pools, trees, shrubs, fences, and walls. Crushed rock, gravel, bark chips shall not substitute for lawn area. Landscaping shall be provided within two years of issuance of the occupancy permit for the principal structure and thereafter be properly maintained.
    2. Supplementary regulations shall be complied with as defined herein.
    3. Only one principal building shall be permitted on one zoning lot, except as otherwise provided herein.

(Amended by Ordinance No. 9871, effective 02-9-2022)

HISTORY
Recorded by Other Matrix on 6/1/2021

36-78 (RD) Residential Development Zone

  1. Intent. The intent of this zoning district is to permit a more flexible regulation of land use, and so as to more fully implement comprehensive planning for large parcels of land proposed predominantly for residential use.
  2. Boundaries. The boundaries of RD-Residential Development Zone shall be fixed by amendment of the Official Zoning Map at such times in the future as such zoning district is applied to properties within the City's zoning jurisdiction.
  3. Limitations.
    1. In a (RD) Residential Development Zone there shall be provided a minimum size of 1.5 acres.
    2. Any proposed development shall be constructed in accordance with an overall plan of development.
    3. Any proposed plan of development shall be designed as a single architectural scheme with appropriate common landscaping.
    4. Adequate parking space shall be provided for all residential units and for all employee's, visitor's, and user's vehicles, and such parking, loading, or service areas that shall be used for motor vehicles, and shall be located within the boundary lines of the (RD) Residential Development Zone, and shall be physically separated from any public street, right-of-way, or property line by a buffer strip of not less than 30 feet along the exterior of the (RD) Residential Development Zone. The buffer strip is not required if such public street, right-of-way or property line is also adjacent to other properties zoned either (CD) Commercial Development Zone or (RD) Residential Development Zone. Setbacks from property lines will be review with the development plan and plat.
    5. No residential building or other permanent residential structure, nor parking lot, shall be located within 30 feet of any public street, right-of-way, or property line along the exterior of the (RD) Residential Development Zone. The buffer strip is not required if such public street, right-of-way or property line is also adjacent to other properties zoned either (CD) Commercial Development Zone or (RD) Residential Development Zone. Setbacks from property lines will be review with the development plan and plat.
    6. The maximum ground coverage shall not exceed 30 percent of the property within the (RD) Residential Development Zone.
    7. The minimum off-street parking requirement shall be two parking spaces for every dwelling unit, plus one for each full-time employee.
    8. In the alternative to complying with the 30 foot buffer strip or setback as identified in subsections (C)(4) and (C)(5) above, a ten (10) foot wide landscaped buffer with plantings of at least 2 understory or ornamental trees and 3 shrubs per 100 foot or fraction thereof of exterior street frontage or property line approved as part of the development plan.
  4. Ownership. A (RD) Residential Development Zone shall require a tract of land which is developed as a unit under single designated control by a common ownership at the time it is certified as an (RD) Residential Development Zone.
  5. Permitted Principal Uses. The following principal uses are permitted in the (RD) Residential Development Zone.
    1. Uses as listed under permitted principal uses of the (LLR) Large Lot Residential Zone, (R-1) Suburban Residential Zone, (R-2) Low Density Residential Zone, (R-3) Medium Density Residential Zone, (R3-SL) Medium Density Small Lot Residential Zone, and (R-4) High Density Residential Zone except as listed under specifically excluded uses.
    2. Nonprofit community buildings and social welfare establishments other than those providing living accommodations.
    3. All other Permitted Principal Uses indicated as permitted within the Zoning Matrix [Attachment A hereto].
  6. Conditional Uses. The following uses are subject to any conditions listed in this chapter and are subject to other conditions relating to the placement of said use on a specific tract of ground in the (RD) Residential Development Zone as approved by City Council.
    1. Towers
    2. Nursing, convalescent & rest home services
    3. Residential assisted living, retirement or assisted living
    4. All other Conditional Uses indicated as permitted within the Zoning Matrix [Attachment A hereto]
  7. Permitted Accessory Uses.
    1. Buildings and uses accessory to the permitted principal use
  8. Specifically Excluded Uses.
    1. Railway right-of-way, including railway yards or facilities.
    2. Truck, bush, and tree farming.
    3. Boarding and lodging housing.
    4. Nonprofit community buildings and social welfare establishments providing living accommodations.
    5. Nonresidential uses.
  9. Procedure.
    1. An application to establish a (RD) Residential Development Zone shall be initiated in the manner prescribed in Article X of this chapter.
    2. Said application shall be filed with the city clerk in such form as shall be required by the city council and shall be accompanied by the following information:
      1. Site plan showing preliminary location and dimensions of all building areas, recreation, green or landscaped areas, parking and loading facilities, walkways or malls, screen walls, or plantings, waste disposal areas, illumination facilities, signs, curb cuts, utilities and services, private or dedicated drives or streets, etc.
      2. Preliminary drawings or renderings in sufficient detail so that the character of the development may be determined.
      3. Evidence as to the methods of retaining, maintaining, and protecting the open space, green areas, recreational facilities, etc.
      4. Development schedule as to construction phases of buildings, open space, recreational areas, parking facilities, etc., and estimated completion time.
      5. Evidence of ownership or control of the entire parcel to be used as a planned unit development by a single person, association, firm, etc., as defined herein.
      6. Evidence of economic feasibility. A copy of such application and supplementary information shall then be forwarded by the city clerk to the Planning Commission for review, hearing, and recommendation.
    3. In reviewing the application for amendment herein, the Planning Commission shall determine the following factors.
      1. That the proposed development will be in the public interest, in harmony with the purpose of this chapter and with comprehensive plans for the City, and will not adversely affect nearby property.
      2. That adequate, safe, and convenient pedestrian and vehicular trafficways and facilities are provided.
      3. That the development to be permitted shall be for the purpose of developing an integrated site plan in conformity with the regulations for a (RD) Residential Development Zone.
    4. The Planning Commission shall hold a public hearing on the proposed amendment and shall transmit its recommendation to the city council. A copy of the recommendation shall be sent to the applicant and one copy shall be retained in the permanent files of the Planning Commission.
    5. Procedure and action by the city council shall be the same in considering an amendment to the (RD) Residential Development Zone as in Article X of this chapter.
  10. Miscellaneous Provisions.
    1. It is intended that plans required for review and approval must be in a form that will satisfy the requirements of Chapter 33 of this code for both the preliminary and final plat, and that approval for plans and plats be considered simultaneously.
    2. The approved and filed final plan and plat shall be the basis for issuance of a building permit in conformity therewith. Plan changes which increase the number of buildings, increase building height or bulk, or change the location of buildings or other features which materially affect the basic design of the development shall require resubmission of the amendment. Minor adjustments in orientation, height or bulk of buildings, or decrease in the number of buildings may be approved by the Planning Director.
    3. Should any successful applicant for an amendment hereunder fail to have completed the construction of the footings and foundations for the initial building permit within eighteen (18) months after the city council shall approve a rezoning to a (RD) Residential Development Zone, the area in its entirety shall be reverted to its former zoning classification by appropriate action of the city council, provided, that the city council shall have the power to extend said period by six months in the event of special and unique hardships and circumstances.
    4. Control of the development following completion:
      1. The chief building official shall issue a certificate certifying the completion of the planned development, and shall note the issuance of the certificate on the final development plan.
      2. After the certificate of completion has been issued, the use of land and the construction, modification, or alteration of any buildings or structures within the residential development will be governed by the approved final development plan exclusively.
      3. After the certificate of completion has been issued, no changes may be made in the approved final development plan except upon application to the appropriate agency under the procedures provided below.
        1. Any minor extensions, alterations, or modifications of existing buildings or structures may be authorized by the Planning Director if they are consistent with the purposes and intent of the final plan. No change authorized by this subsection may increase the density of any building or structure by more than ten percent.
        2. A building or structure that is totally or substantially destroyed may be reconstructed only in compliance with the final development plan unless an amendment to the final development plan is approved under subsection (3) hereof.
        3. All other changes in the final development plan as approved by the city council must be made by the city council under the procedures authorized under Article X of this chapter. No changes may be made in the final development plan unless they are found by the city council to be required for the continued successful functioning of the residential development, or unless they are found by the city council to be required by changes in conditions that have occurred since the final plan was approved or by changes in the comprehensive planning and development policy of the City.

(Amended by Ordinance No. 8976, effective 06-08-2005)
(Amended by Ordinance No. 9294, effective 05-31-2011) (Amended by Ordinance No. 9871, effective 02-9-2022)

HISTORY
Recorded by Other Matrix on 6/1/2021

36-79 (A) Airport Zone

Intent. The intent of the zoning district is to provide an overlay zone to permit landing fields for all types of aircraft. This overlay zone may be applied to any base zone upon final approval. Appropriate airport approach and turning zones must be identified.

  1. Permitted Principal Uses.
    1. Uses as listed under permitted principal uses in the zone or zones underlying the Airport Zone indication.
    2. Landing fields for all types of aircraft, either private or commercial.
  2. Conditional Uses.
    1. Uses as listed under permitted conditional uses in the zone or zones underlying the Airport Zone indication.
  3. Permitted Accessory Uses.
    1. Uses as listed under permitted accessory uses in the zone or zones underlying the Airport Zone indication.
    2. Facilities accessory to the normal and continual operation of an airfield, but not to include general repair depots and other commercial or industrial operations normally found at all such airfields unless permitted in the underlying zone or zones.
  4. Space Limitations.
    1. Same as listed under space limitations in the zone or zones underlying the Airport Zone indication.
  5. Procedure.
    1. An application for an amendment for an Airport Zone to the Official Zoning Map shall follow as procedure requirements for amendment as set forth in Article X of this chapter, and in addition, shall include the following information:
      1. Site plan showing precise location and dimensions of all runways and facilities, buildings, and service areas, ramps and aprons, etc.
      2. Diagram of all approach and clear zones, glide paths, etc.
      3. A report from the Federal Aviation Agency on the proposed airport usage and approval of the intended location.
  6. Miscellaneous Provisions.
    1. Same as listed under miscellaneous provisions in the zone or zones underlying the Airport Zone indication.

36-80 (GCO) Gateway Corridor Overlay District

Intent. The City of Grand Island has established basic site and building development criteria to be implemented within the boundaries of this overlay district. These criteria include, but are not limited to the following: landscaping, building material selection, lighting, and interior street development. The purpose for regulating these issues is to provide for a cohesive and properly developed entrance into the City of Grand Island from the Interstate corridor. Guiding development in this manner promotes the general health, safety and welfare of the residents within the zoning jurisdiction of the City, by providing quality design and construction that will also aid in the protection of past and future investment in the corridor.

Purpose. The purpose of these criteria is to establish a checklist of those items that affect the physical aspect of Grand Island's environment. Pertinent to appearance is the design of the site, building and structures, planting, signs, street hardware, and miscellaneous other objects that are observed by the public.

The criteria contained herein are not intended to restrict imagination, innovation or variety, but rather to assist in focusing on design principles that can result in creative solutions that will develop a satisfactory visual appearance within the city, preserve taxable values, and promote the public health, safety and welfare.

  1. Geographic Area. The Gateway Corridor Overlay District extends generally to Wood River Road or the southern portion of the Grand Island Extraterritorial Jurisdiction. The overlay districts generally are one-half mile wide and centered along U.S. Highway 281 south of Schimmer Drive and South Locust Street south of U.S. Highway 34.

    If a site is partially covered by said overlay district, and then the entire portion of the site facing the Gateway Corridor is to be covered by these regulations. For a graphically defined area, see the Official Zoning Map.
  2. Criteria For Application.
    1. All commercial developments consisting of more than one principal building, mixed-uses, multiple-pad development and/or similar shall be required to meet the zoning requirements for a Commercial Development Zone or the Travel Development Zone. The Commercial Development Zone or Travel Development Zone process and rezoning shall be in conjunction with preliminary and final plat review and approval. The design criteria of this section shall be met as part of the subdivision approval.
    2. All industrial developments consisting of more than one principal building, mixed-uses, multiple-pad development and/or similar shall be required to meet the zoning requirements of the Industrial Estates Zone. The design criteria of this section shall be met as part of the subdivision approval.
    3. All commercial or industrial developments consisting of one principal building with single or mixed uses in an existing zone shall comply with the design criteria of this section. This would include additions and exterior remodeling of existing structures.
    4. All residential subdivisions shall be required to meet the landscape and site treatment criteria whenever the proposed development is adjacent to an arterial or frontage road. The criteria shall be implemented for the entire frontage, including entrances into the development.

      EXCEPTIONS: Single-family dwelling units within this overlay on property zoned for Agricultural or Transition Agriculture shall be exempted from these criteria.
  3. Criteria for Appearance.
    1. Relationship of Buildings to Site. The site shall be planned to accomplish a desirable transition with the streetscape and to provide for adequate planting, safe pedestrian movement, and parking areas.
      1. Site planning in which setbacks and yards are in excess of standard commercial zoning restrictions is encouraged to provide an interesting relationship between buildings.
      2. Parking areas shall be treated with decorative elements, building wall extensions, plantings, berms, or other innovative means so as to screen parking areas from view from public ways.
      3. Without restricting the permissible limits of the applicable zoning district, the height and scale of each building shall be compatible with its site and existing (or anticipated) adjoining buildings.
      4. Newly installed utility services, and service revisions necessitated by exterior alterations, shall be underground.
    2. Relationship of Buildings and Site to Adjoining Area (Outside of Subdivision).
      1. Adjacent buildings of different architectural styles shall be made compatible by such means as screens, sight breaks, and materials.
      2. Attractive landscape transitions shall be designed to be compatible to adjoining properties.
      3. Harmony in texture, lines and masses is required. Monotony shall be avoided.
    3. Landscape and Site Treatment. Landscape elements included in these criteria consist of all forms of planting and vegetation, ground forms, rock groupings, water patterns, and all visible construction except building and utilitarian structures.
      1. Where natural or existing topographic patterns contribute to beauty and utility of a development, they shall be preserved and developed. Modification to topography will be permitted where it contributes to good site design and development.
      2. Grades of walk, parking spaces, terraces, and other paved areas shall provide an inviting and stable appearance for walking and, if seating is provided, for sitting.
      3. Landscape treatments shall be provided to enhance architectural features, strengthen vistas and important axis, and provide shade. Spectacular effects shall be reserved for special locations only.
      4. Unity of design shall be achieved by repetition of certain plant varieties and other materials and by correlation with adjacent developments.
      5. Plant material shall be selected for interest in its structure, texture, color, and for its ultimate growth. Plants that are indigenous to the area and others that will be hardy, harmonious to the design and of good appearance shall be used.
      6. Site must be serviced by an underground or approved irrigation system and all plant material shall be kept in good health and maintained. If plant material dies, it shall be replaced.
      7. Parking areas and traffic ways shall be enhanced with landscaped spaces containing trees or tree groupings.
      8. Use of walls, fencing, planting, or combinations of those shall accomplish screening of service yards and other places that tend to be unsightly. Screening shall be equally effective in winter and summer.
      9. Exterior lighting, when used, shall enhance the building design and the adjoining landscape. Building fixtures shall be of a design and size compatible with the building and adjacent areas. Lighting shall be restrained in design and excessive brightness avoided. Lighting shall be designed to a standard that does not impact adjoining properties, especially residential areas.
      10. All fencing within this Overlay District shall be defined including height, type and materials within the development plan.
      11. Fencing within the Overlay District and as part of an Industrial Development may be required to be a solid fence.
      12. All signs shall meet the Sign Design Criteria within Chapter 31 of this code.
    4. Building Design.
      1. Architectural design and style are not restricted, however architectural style should be consistent throughout the subdivision. Evaluation of the appearance of a project shall be based on the quality of its design and relationship to surroundings.
      2. Buildings shall have good scale and be in harmonious conformance with permanent neighboring development.
      3. The primary building material for all portions of the structures shall be negotiated with the City. However, sample materials shall include but not be limited to materials of high quality, such as brick (clay), stucco, wood, glass, split faced concrete masonry units (CMU) with integrated color pigmentation, pre-engineered structures provided the exterior skin meets the criteria for appearance for the area as defined in the subdivision agreement or approved by the site design and review committee, and stone material native to Nebraska. The materials shall be similar and compatible throughout the entire development. The City of Grand Island staff and/or design review architect may allow other primary building designs (of good architectural character, i.e. CMU, poured-in-place concrete) for portions of the building not visible from public areas. Other secondary building materials shall have good architectural character and shall be selected for harmony of the building with adjoining buildings.
      4. Materials shall be selected for suitability to the type of buildings and the design in which they are used. Buildings shall have the same materials, or those that are architecturally harmonious, used for all building walls and other exterior building components wholly or partly visible from public ways.
      5. Materials shall be of durable quality.
      6. In any design in which the structural frame is exposed to view, the structural materials shall be compatible within themselves and harmonious with their surroundings.
      7. Building components, such as windows, doors, eaves and parapets, shall have good proportions and relationships to one another.
      8. Colors shall be harmonious and shall use only compatible accents.
      9. Colors shall be of low reflectance and shall not be of high-intensity or metallic colors unless the colors are true to the materials being used.
      10. Mechanical equipment or other utility hardware on roof, ground, or buildings shall be screened from public view with materials harmonious with the building, or they shall be so located as not to be visible from any public ways.
      11. Exterior lighting shall be part of the architectural concept. Fixtures, standards, and all exposed accessories shall be harmonious with building design.
      12. Refuse and waste removal areas, service yards, storage yards, and exterior work areas shall be screened from view from public ways, using materials as stated in criteria for equipment screening.
      13. The style and material of the signs shall be included within the development plan.
      14. Monotony of design in single or multiple building projects shall be avoided. Variation of detail, form, and siting shall be used to provide visual interest. In multiple building projects, variable siting of individual buildings may be used to prevent a monotonous appearance.
      15. Building orientation shall be toward an arterial street, unless it is demonstrated that this would not be feasible.
  4. Factors for Evaluation. The following factors and characteristics, which affect the appearance of a development, will govern the evaluation of a design submission:
    1. Conformance with city code regulations and the Building Design Criteria.
    2. Logic of design
    3. Exterior space utilization
    4. Architectural character
    5. Attractiveness of the material selection
    6. Harmony and compatibility
    7. Circulation-vehicular and pedestrian
    8. Maintenance aspects
  5. Process.
    1. Commercial Development Zone Application. All general commercial developments on property not already zoned for commercial uses within the Gateway Corridor Overlay District shall be required to apply for rezoning under the criteria in §36-76 of this chapter.
    2. Industrial Development Zone Application. All industrial developments within the Gateway Corridor District shall be required to apply for rezoning to ME-Industrial Estates zone.
    3. Individual commercial or industrial buildings and additions or exterior remodeling of existing buildings shall be subject to site plan and design review by a committee consisting of the Hall County Regional Planning Director, the Grand Island Building Department Director, one (1) planning commission member representing the City of Grand Island, and if appointed, a design review architect representing the City of Grand Island. This committee can request additional input from surrounding property owners and near-by business improvement districts as ex-officio members of the design review committee.
    4. Subdivision Approval. All new commercial buildings or developments within the Gateway Corridor Overlay shall be on properly subdivided lots. As a condition of subdivision approval, all said commercial and/or industrial buildings or developments shall comply with the provisions of the Gateway Corridor Overlay District. The developer shall place maintenance provisions required by this section within all restrictive covenants.
    5. Pre-application Conference. A pre-application conference with city staff to give the applicant an opportunity to discuss plans before a great deal of time or money is expended.
    6. Application for Design Review. The applicant needs to fill out the "Application for Certificate Approval" and submit it along with the required submittals. See Administrative Forms for a listing of required submittals.
    7. Certificate of Approval. Upon a successful review, the City of Grand Island will issue to the applicant a Certificate of Approval. A copy of this will need to be included with the Building Permit documents in order to receive a Building Permit.
    8. Appeals. In the event, where the Applicant, City staff and/or a design review architect representing the City, or the site plan and design review committee cannot come to an agreement, the Applicant may appeal the decision by requesting an amendment to the subdivision agreement from the Grand Island City Council.
    9. Certificate of Occupancy Permit. After the building permit is issued, all design requirements must be completed as approved in order for a Certificate of Occupancy to be issued.
    10. Maintenance of Design Requirements. The applicant needs to maintain the design requirements for the life of the project. In the event that they fail to do so, the City may revoke the Occupancy Permit.
    11. Fees. Fees may apply to each individual step as established by separate regulation.

36-81 -M And -MD Manufactured Home Overlay Zones

Purpose. To provide for overlay zones which will permit the placement of single or double wide manufactured homes within either a manufactured home park or manufactured home subdivision, whichever the case may be, as approved for the overlay zones. Site built dwelling units and modular homes are also permitted within the overlay zones. A variety of densities is possible depending upon the base zone to which the overlay zones are applied.

  1. Permitted Principal Uses.
    1. Within the -M Zone.
      1. Uses as listed under permitted principal uses in the zone or zones underlying the -M Manufactured Home Zone designation.
      2. Manufactured single wide, double wide, or sectional homes; provided, that skirting shall be required for all units.
    2. Within the -MD Zone.
      1. Uses as listed under permitted principal uses in zone or zones underlying the -MD Manufactured Home designation.
      2. Manufactured double wide or sectional homes only, provided:
        1. minimum width of the main body of the manufactured home as assembled shall not be less than twenty-two (22) feet;
        2. minimum pitch of the main roof shall not be less than 2.5 inches of rise for each twelve inches of horizontal run (2.5/12 pitch);
        3. exterior finish on walls shall appear to be as wood, masonry, or other materials generally acceptable for site built housing and applied in a manner similar in appearance; provided, that reflection from such exterior shall not be greater than from siding coated with clean, white, gloss exterior enamel;
        4. roofing material shall be of any material that is generally acceptable for site-built housing; provided, it is applied in such a manner similar in appearance;
        5. skirting shall be required and shall have a similar appearance of foundation for site-built housing.
  2. Permitted Accessory Uses.
    1. Uses as listed under permitted accessory uses in the zone or zones underlying the Manufactured Home Zone designation.
  3. Permitted Conditional Uses. The following uses may be permitted, if approved by the city council, in accordance with the procedures set forth in Article VIII of this chapter:
    1. Uses as listed under permitted conditional uses in the zone or zones underlying the Manufactured Home designation.
  4. Space Limitations.
    1. Minimum zoning area per manufactured home: Same as underlying zone but in no event less than 3,000 square feet
    2. Minimum zoning lot: Same as underlying zone but in no event less than 6,000 square feet
    3. Minimum lot width: Same as underlying zone
    4. Minimum front yard: Same as underlying zone
    5. Minimum rear yard: Same as underlying zone
    6. Minimum side yard: Same as underlying zone but in no event less than 10 feet for manufactured homes
    7. Maximum ground coverage: Same as underlying zone
  5. Procedure.
    1. An application for an amendment for the Manufactured Home Zone to the zoning map shall follow all procedural requirements for amendments as set forth herein, and, in addition, shall include the following information:
      1. Site plan showing precise number, locations, and dimensions of all manufactured home lots, public or private drive or streets, illumination facilities, recreation or green areas, utilities, etc. Such site plan, if approved, shall form the basis for the issuance of a manufactured home park permit or as a preliminary subdivision study, whichever is the intention of the owner.
      2. Data as may be requested by the chief building official to determine that the proposed manufactured home development will comply with all legal requirements.
  6. Miscellaneous Provisions.
    1. Supplementary regulations shall be complied with as defined herein.

ZONING MATRIX

Click to view the City of Grand Island Zoning Matrix.

HISTORY
Recorded by Other Matrix on 6/1/2021

Matrix

9966

9935

9923