The regulations set forth in this subchapter qualify or supplement, as the case may be, the district regulations appearing elsewhere in this chapter.

(Prior Code, § 56-421) (Am. Ord. 3840, § 1, 4-3-2012)

   (A)   Public, semi-public or public service buildings, institutions or schools, when permitted in a district, may be erected to a height not exceeding 60 feet.

   (B)   Churches and temples may be erected to height not exceeding 75 feet if the building setback from each lot line is at least 1 foot for each 2 feet of additional height above the height limit otherwise permitted in the district in which the building is located.

(Prior Code, § 56-422) (Am. Ord. 3840, § 1, 4-3-2012)

   The height limitations contained in the district regulations in this chapter do not apply to spires, belfries, cupolas, antennas, water tanks, ventilators, chimneys, grain elevators or other appurtenances usually required to be placed above the roof level and not intended for human occupancy.

(Prior Code, § 56-423) (Am. Ord. 3840, § 1, 4-3-2012)

   In commercial and industrial districts, more than 1 structure housing a permitted use or permissible use may be erected on a single lot; provided that, yard and other requirements of this chapter shall be met for each structure as though it were on an individual lot.

(Prior Code, § 56-424) (Am. Ord. 3840, § 1, 4-3-2012)

   Cornices, belt courses, sills, ornamental features and other similar architectural features may project no more than 2 feet into any required yard or into any required open space.

(Prior Code, § 56-425) (Am. Ord. 3840, § 1, 4-3-2012)

   Automotive vehicles or trailers of any kind or type without current license plates shall not be parked or stored on any residentially zoned property other than in completely enclosed buildings.

(Prior Code, § 56-426) (Am. Ord. 3840, § 1, 4-3-2012)

   (A)   Within the area of an approach zone of a runway of an airport or landing field, no building, utility line, pole, smokestack, chimney, wires, tower or other structure or appurtenance thereto of any kind shall hereafter be erected, constructed, repaired or established, nor shall any tree or other object of natural growth be allowed to grow, to exceed a height that would interfere with the takeoff or landing of a plane with a glide angle of 1 foot vertical for every 40 feet horizontal, such glide to be computed as beginning 200 feet from the end of the runway. Beyond the glide path and within the approach zone, no obstruction shall exceed a height of 150 feet.

   (B)   An approach zone is located at each end of each runway, landing strip or other portion of the airfield used regularly for landing or taking off of airplanes. The approach zones are 500 feet in width at each end of each runway or landing strip, and all approach zones expand uniformly to a width of 1,500 feet at a distance of 5,000 feet from the ends of the respective runways or landing strips. The outer boundary line of each approach zone shall be a straight line perpendicular to, and bisected by, the extended centerline of its respective runway or landing strip.

(Prior Code, § 56-427) (Am. Ord. 3840, § 1, 4-3-2012)

   (A)   The temporary grazing of livestock with use of electric fences in all zoning districts within the city and the city's 2-mile zoning jurisdiction maybe allowed with special permission from the City Administrator. An application shall be filed with the City Administrator. The livestock and electric fences shall not be located closer than 100 feet from any residential dwelling. Permission shall be granted for a period of 90 days within 1 year. Failure to maintain the electric fence in good repair shall result in revocation of the permit. Nothing in this section shall be interpreted to allow commercial feeding operations.

   (B)   Temporary building, non-permanent structure and cargo containers shall be allowed as follows:

      (1)   Temporary building, non-permanent structures, and cargo containers maybe allowed in all zoning districts within the city and the city's 2-mile zoning jurisdiction, except where otherwise stated in this chapter, and maybe allowed with a permit from the City Planner or his/her designee.

      (2)   Application for a permit for a temporary building, non-permanent structure or cargo container will be made to the City Planner or his/her designee.

         (a)   The City Planner or his/her designee shall authorize temporary use only if he/she determines that:

            1.   The use will not impair the normal operation of present or future use of the site;

            2.   The use will be compatible with surrounding uses and will not adversely affect the public health, safety and welfare.

         (b)   The duration of the permit shall be explicitly stated on the permit and shall not exceed 6 months. The applicant may apply for an extension, which shall be granted, or not, at the discretion of the City Planner or his/her designee.

         (c)   Emergency management temporary debris holding site. Temporary debris holding site maybe permitted in any city zoning district subject to the following guidelines:

            1.   In the event of a declared emergency, a local, state or federal office of emergency management may apply for a temporary permit to allow a debris holding site on any city or county owned property. The permit is issued by the Planning Administrator or his/her designee at his/her discretion and will be valid for a maximum period of 6 months from date of issue.

            2.   If the debris holding site is needed for longer than a period of 6 months, the applicant may reapply for a temporary permit which may be issued at the discretion of the Planning Administrator or his/her designee.

(Prior Code, § 56-428) (Am. Ord. 3670, § 2, 10-17-2006; Am. Ord. 3703, § 6, 10-2-2007; Am. Ord. 3740, passed 10-7-2008; Am. Ord. 3840, § 1, 4-3-2012)

   (A)   Limitation on activities. Activities in miniwarehouse facilities shall be subject to the following limitations.

      (1)   No activity other than the rental of storage cubicles and the administration of the facility shall be permitted within the facility.

      (2)   Prohibited uses include but are not limited to the following: garage sales or miscellaneous sales; servicing or repair of motor vehicles, boats, trailers, lawn mowers and other similar equipment; and transfer and storage firms.

   (B)   Access to building.

      (1)   No storage buildings may open into required yards.

      (2)   Only 1 entrance and exit shall be allowed per street frontage.

   (C)   On-site circulation and driveway widths.

      (1)   All 1-way driveways shall provide for one 10-foot parking lane and 1 15-foot travel lane. Traffic direction and parking shall be designated by signing or painting.

      (2)   All 2-way driveways shall provide for one 10-foot parking lane and 2 12-foot travel lanes.

      (3)   The parking lanes maybe eliminated when the driveway does not serve storage cubicles.

   (D)   Off-street parking. Off-street parking requirements are as follows:

      (1)   One space for each 10 storage cubicles, equally distributed throughout the storage area. This parking requirement can be accomplished with the parking lanes as set forth in division (C) of this section;

      (2)   Two spaces for the manager's quarters; and

      (3)   One space for every 25 storage cubicles, to be located convenient to the project office, for the use of prospective clients.

   (E)   Landscaping.

      (1)   A landscaping strip, 20 feet in width, shall be provided along all street frontages and along borders where the subject property abuts any residential zoning district.

      (2)   Interior landscaped areas shall also be shown on the development plan.

   (F)   Fencing and screening.

      (1)   Fencing shall be required around the perimeter of the project behind any landscaping strips required by division (E)(1) of this section.

      (2)   The fence shall be a minimum of 6 to 8 feet in height and constructed of materials approved by the Planning Commission and City Council.

   (G)   Storage restrictions.

      (1)   All storage on the facility site must be within enclosed buildings.

      (2)   Storage of hazardous materials as identified by the city's Fire Marshal is prohibited anywhere on these sites.

      (3)   Records showing no evidence of infestation shall be available at the business office. Pest control inspections will be made once every 2 years by a professional exterminator.

   (H)   Height limits of structures and maximum dimensions of storage cubicles.

      (1)   The maximum height for any structure within the facility shall be 20 feet.

      (2)   The dimensions of any storage cubicle or interconnected cubicles shall not exceed 22 feet in width or 36 feet in depth.

   (I)   Application for conditional use or special use permit. Any conditional use or special use permit application shall include the following information, in addition to that required by other sections of this chapter:

      (1)   A development plan, showing the location, design and layout of buildings, parking areas, circulation routes, fences and screen walls, lighting, signage, existing and proposed contours, and drainage and solid waste disposal facilities; and

      (2)   Architectural elevations of all buildings, specifying height and construction materials.

   (J)   Required notices to customers.

      (1)   Notice of the requirements under divisions (A) and (G) of this section will be handed in written form to all customers of the facility.

      (2)   A written notice of the requirements of divisions (A) and (G) of this section must be posted in each cubicle.

(Prior Code, § 56-429) (Am. Ord. 3840, § 1, 4-3-2012)

   (A)   Purpose of standards. Recognizing that unrestricted use of residential properties for purposes of an occupational nature other than that normally associated with home living has a detrimental effect on both the residential area in which the occupations are conducted and the areas properly designated for such uses and further recognizing that this detrimental effect results in the depreciation of values, welfare, happiness and morale of the entire community, it is the purpose of this section to eliminate this detrimental effect by creating performance standards for the establishment and conditions for the operation and continuance of home occupations.

(Prior Code, § 56-430)

   (B)   Definition.

      HOME OCCUPATION. Any occupation or activity carried on in a dwelling by a member of the immediate family residing therein, which use is clearly incidental and secondary to the use of the dwelling for dwelling purposes, and does not change the character thereof. No outside storage, buying or selling of a commodity on the premises will be permitted. In connection with a home occupation, no sign or display other than a nameplate not more than 2 square feet in area shall be used to indicate from the exterior that the building is being utilized in part for any purpose other than that of a dwelling. Uses that generate traffic or parking problems or that would change the residential character of the immediate neighborhood shall not be deemed to be suitable for home occupation permits.

(Prior Code, § 56-431)

   (C)   Application. An application for a home occupation shall be made to the city's Development Department on a form provided and approved by the Development Director or his or her designee. The application shall set forth the name of the property owner, name of the occupant if different, their addresses, phone numbers, the location of the home occupation, identification of area where the occupation will occur, a description of the home occupation, number of persons employed, hours of operation, materials produced, used on the occupation and types and sizes of vehicles used on the home occupation including the area for parking, signature of owner/operator of the home occupation agreeing to comply with the city home occupation performance standards and such other pertinent information required or deemed necessary by the Director of Development or his or her designee to determine the applicant's conformance to the home occupation performance standards.

(Prior Code, § 56-432)

   (D)   Filing fee. A fee prescribed in the City Council's annual resolution of service charges shall be paid to the Development Department.

(Prior Code, § 56-433)

   (E)   Permit application approval. No home occupation shall be conducted in a residential zoning district until the Development Director or his or her authorized agent has approved the home occupation permit application and found all compliance with the home occupation performance standards identified in division (F) below. A home occupation application is valid for 5 years from the date of approval.

(Prior Code, § 56-434)

   (F)   Performance standards. The performance standards for a home occupation are as follows:

      (1)   No employment outside the immediate family;

      (2)   Incidental and secondary to the use of the dwelling for dwelling purposes;

      (3)   Does not change the residential character of the home or neighborhood;

      (4)   No storage outside;

      (5)   No signage except a 2 square feet or smaller nameplate at the entrance to the home;

      (6)   The home occupation shall not generate pedestrian or vehicular traffic beyond the normal to the district in which it is located. Normal is 4 trips per day;

      (7)   No parking problems;

      (8)   Limited to use of the main building only;

      (9)   Limited to use of normal residential vehicles. No commercial rated vehicles except for delivery step van vehicles (see § 76.16);

      (10)   No unusual sounds/noises beyond those normally found in a residential area;

      (11)   No noxious odors annoying to a person of average sensibilities residing in a residential zone; and

      (12)   Buying or selling of a commodity on the premises is limited to incidental sales totaling no more than 10% of total gross income generated by the use.

(Prior Code, § 56-435)

(Ord. 3175, § 2, 7-7-1998; Am. Ord. 3840, § 1, 4-3-2012)

   The following uses are examples of uses that are not allowed under home occupation provisions, including, but not limited to:

   (A)   Auto repair/service;

   (B)   Appliance repair/service;

   (C)   Vehicle painting/service;

   (D)   Sport utility service/repair;

   (E)   Furniture manufacturing; and

   (F)   Auto parts/salvage.

(Prior Code, § 56-436) (Ord. 3175, § 2, 7-7-1998; Am. Ord. 3840, § 1, 4-3-2012)

   (A)   Conditions. A home occupation permit granted in accordance with the provisions of this subchapter may be terminated if the Director of Development or his or her designee makes any of the following findings:

      (1)   That any condition of the home occupation permit has been violated;

      (2)   That the use has become detrimental to the public health or safety or is deemed to constitute a nuisance;

      (3)   That the permit was obtained by misrepresentation or fraud;

      (4)   That the use for which the permit was granted has ceased or has been suspended for 6 consecutive months or more; and

      (5)   That the condition of the premises, or of the district of which it is a part, has changed so that the use may no longer be justified under the purpose and intent of this section.

   (B)   Appeal. Within 5 working days of a revocation, an appeal may be made to the City Council, through the Development Director or his or her designee. The Director of Development or his or her designee within 10 working days of the receipt of an appeal of his or her revocation action shall report his or her findings of fact and decision to the City Council. The City Council shall determine the facts and may revoke, modify or allow to remain unchanged the home occupation permit in accordance with the Council's final determination.

   (C)   Non-transferable. A home occupation permit granted in accordance with the provisions of this subchapter shall not be transferred, assigned, nor used by any person other than the permittee, nor shall the permit authorize the home occupation at any location other than the 1 for which the permit is granted.

(Prior Code, § 56-437) (Ord. 3175, § 2, 7-7-1998; Am. Ord. 3840, § 1, 4-3-2012)

   The Development Department may conduct annual and/or periodic review of home occupations to ensure compliance to all home occupation provisions.

(Prior Code, § 56-438) (Ord. 3175, § 2, 7-7-1998; Am. Ord. 3840, § 1, 4-3-2012)

   Any home occupation previously approved by the city pursuant to a conditional use permit shall continue to be a legally approved home occupation until expiration of its 5-year approval period. All home occupations within these parameters must re-apply for a home occupation permit 6 months prior to the expiration date of the last approved conditional use approval.

(Prior Code, § 56-439) (Ord. 3175, § 2, 7-7-1998; Am. Ord. 3840, § 1, 4-3-2012)

   (A)   Definitions.

      CHILD CARE CENTER.

         (a)   A child care center operation licensed by the State of Nebraska, in a provider's place of residence or a site other than the residence serving 13 or more children at any 1 time for on the average of less than 24 hours per day, for compensation, either indirect or direct, and on a regular basis.

         (b)   All child care centers and family child care homes shall be operated in full compliance with all of the applicable laws and regulations of the state pertaining to child care, whether the laws and regulations exist at the time of the passage of this chapter or are hereafter adopted. Child care centers and family child care homes do not include preschools and nursery schools.

         (c)   A child care center and preschool as an accessory use. A child care center, if sited on the premises of an operating community service center such as, but not limited to, a private or public school, place of worship, community center, hospital or library and associated with that activity, shall be considered accessory to the principal use of the property in which the child care center is located.

      FAMILY CHILD CARE HOMES. A child care operation defined by Nebraska State Law and licensed by the State of Nebraska, including a family child care home I and family child care home II.

         (a)   FAMILY CHILD CARE HOME I. A child care operation in the provider's place of residence which serves at least 4 ,but not more than 8 children at any one time. A FAMILY CHILD CARE HOME I provider may be approved by the state to serve no more than 2 additional school age children during non-school hours.

         (b)   FAMILY CHILD CARE HOME II. A child care operation either in the provider's place of residence or a site other than the residence serving 12 or fewer children at anyone time.

(Prior Code, § 56-440)

   (B)   Intent. The city recognizes that there is a continued and growing need for quality child care programs and facilities and there is a need to establish and maintain licensure of providers by the state of all such programs to insure that providers are competent and are using safe and adequate facilities. The city finds and declares that the siting, development and supervision of child care programs, all sizes, are a matter of statute and local concerns and should be dealt with uniformly on the state and local levels, at the same time, insuring the siting of the facilities meet community zoning standards. It is the intent and purpose of this chapter to make it easier to set up and operate child care program facilities by setting pre-described standards and by simplifying the review and approval process. At the same time, these standards are intended to preserve the residential character of neighborhoods.

(Prior Code, § 56-441)

   (C)   Family child care home. A family child care home shall be permitted by right in all zoning districts permitting residences providing that:

      (1)   State licensing standards and requirements are met, including those pertaining to building, fire and health codes;

      (2)   Lot size, building size, setbacks and lot coverage shall conform to those applicable to the zoning district;

      (3)   One off-street parking space is provided for each non-resident or non-family member employee in addition to the 2 spaces per single family or duplex unit required. The residential driveway is acceptable for this purpose;

      (4)   If located on an arterial street, an off-street drop-off/pick-up area must be provided;

      (5)   Signage. A maximum of 1 6-square foot freestanding or wall mounted sign maybe used. Only indirect illumination is allowed. If a freestanding sign is used, it must be located 15 feet from the front lot line, placed in the front yard area only, and may not exceed 5 feet in height;

      (6)   Alley usage. Use of the public alleys by child care facilities is discouraged due to impact on neighboring residences;

      (7)   Playground equipment must be located in a secured area by a 3-foot high fence in the rear yard;

      (8)   No structured area for active play or play structures may be located in the front yard or within 10 feet of a side or rear lot line;

      (9)   The site must be landscaped and maintained in a manner compatible with adjacent and neighboring residences;

      (10)   No structural or decorative alteration that will alter the residential character of an existing residential structure used for a family child care home is permitted. Any new or remodeled structure must be designed to be compatible with the residential character of the surrounding neighborhood; and

      (11)   A copy of the approved state child care facility license shall be filed with the city's Department of Development.

(Prior Code, § 56-442)

   (D)   Child care centers in residential districts. A child care center may be allowed in the following zoning districts: R-2 Single-Family and Duplex, R-3 Multiple-Family and R-4 Single-Family, mobile homes and sectional homes, subject to issuance of a conditional use permit. In reviewing, approving and issuing a conditional use permit for any child care center, the following standards must be complied with, unless specifically modified by the city:

      (1)   State licensing standards and requirements are met, including those pertaining to building, fire and health codes;

      (2)   Lot size, building size, setbacks and lot coverage shall conform to those applicable to the zoning district;

      (3)   One off-street parking space is provided for each 1-1/2 employee on duty at any one time and 1 space per child care center vehicle owned (if any). Shift changes are recognized;

      (4)   If located on an arterial street, an off-street drop-off/pick-up area must be provided;

      (5)   Signage. A maximum of one 6-square foot freestanding or wall sign may be used. Only indirect illumination is allowed. If a freestanding sign is used, it must be located 15 feet from the front lot line, placed in the front yard area only, and may not exceed 5 feet in height. If the center is located in a non-residential zoning district, the sign may be increased to 20 square feet, not exceeding 8 feet in height;

      (6)   Alley usage. Use of the public alley by the child care facility is discouraged due to impact on neighboring residences;

      (7)   Playground equipment must be located in a secured area by a 6-foot high fence in the rear yard;

      (8)   No structured area for active play or play structures may be located in the front yard or within 10 feet of a side or rear lot line;

      (9)   The site must be landscaped and maintained in a manner compatible with adjacent and neighboring residences;

      (10)   No structural or decorative alteration that will alter the residential character of an existing residential structure used for a child care center is permitted. Any new or remodeled structure must be designed to be compatible with the residential character of the surrounding neighborhood;

      (11)   A child care center shall not be located within 300 feet measured along the shortest street-travel distance of another child care center, excluding any child care center that is an accessory use in a community service facility;

      (12)   Street location. In a residential zone, no child care center shall be located along any dead-end or cul-de-sac street;

      (13)   A copy of the approved state child care facility license shall be filed with the city's Development Office; and

      (14)   A certificate of occupancy must be approved and issued by the city's Development Office prior to the occupancy of any child care center.

(Prior Code, § 56-443)

   (E)   Continued authorization of existing lawfully licensed and operating family child care home and child care center.

      (1)   Any family child care home, child care center, including those classified as an accessory use, lawfully licensed by the state and operating prior to the adoption of this chapter shall have the right to continue operating. Any change in use, requiring an amendment to its current state license, or should cease to operate for 1 year, a conditional use permit must be applied for and granted by the city authorizing the use. This does not include change in ownership only.

      (2)   Any and all family child care homes or child care centers in this category must submit a copy of its state license within 60 days of the adoption of this chapter to the city's Development Department. Thereafter, any and all family child care homes or child care centers shall submit a copy of its state license to the city's Development Department within 30 days of receipt from the state.

(Prior Code, § 56-444)

   (F)   Revocation of conditional use permit.

      (1)   The Planning Commission on its own motion may and, upon direction of the City Council, shall hold a public hearing upon the question of the revocation of a conditional use permit granted under or pursuant to the provisions of this chapter.

      (2)   Notification of the public hearing shall be given in accordance herewith; provided, however, the owner of the subject property, the owner of the child care facility and the state's Health and Human Services System, Child Care Licensing Division, shall have his or her notice mailed by registered mail, postage paid, return receipt requested.

         (3)   (a)   A conditional use permit granted pursuant to a hearing maybe revoked and the child care facility use maybe terminated if the Planning Commission and City Council make any of the following findings:

               1.   That any condition of a conditional use permit or an amended conditional use permit has not been complied with or has been violated;

               2.   That the child care facility use is detrimental to the public health, safety or is a public nuisance;

               3.   That the conditional use permit was obtained by fraud;

               4.   That the use for which the permit was granted is not being exercised; or

               5.   That the use for which the permit was granted has ceased or been suspended for 1 year or more.

            (b)   After a public hearing upon the revocation of a conditional use permit, the Planning Commission shall report its findings of fact and recommendations to the City Council and, upon receipt of such recommendations, the City Council shall determine the facts and may revoke, modify or allow to remain unchanged the conditional use permit in accordance with the City Council's final determination in such matters.

(Prior Code, § 56-445)

(Ord. 3247, § 1, 9-7-1999; Am. Ord. 3840, § 1, 4-3-2012)

   (A)   Purpose of provisions. The Communications Act of 1934 as amended by the Telecommunications Act of 1996 (the Act) grants the Federal Communications Commission (FCC) exclusive jurisdiction over certain aspects of telecommunications services. This section is intended to regulate towers, telecommunications facilities and antennas in the city zoning jurisdiction in conformance with the Act without prohibiting or tending to prohibit any person from providing wireless telecommunications services. Telecommunications facilities, towers and antennas in the city zoning jurisdiction, to protect residential areas and land uses from potential adverse impact of installation of towers, telecommunication facilities and antennas through careful design, siting and camouflaging, to promote and encourage shared use/collocation of towers and other antenna support structures rather than the construction of additional single use towers, to avoid potential damage to property caused by towers, telecommunications facilities and antennas by ensuring such structures are soundly and carefully designed, constructed, modified, maintained, repaired and removed when no longer used or are determined to be structurally unsound and to ensure that towers, telecommunication facilities, and antennas are compatible with surrounding land uses.

(Prior Code, § 56-446)

   (B)   Definitions.

      (1)   As used in this subchapter, the following terms mean:

         ANTENNA. A device, designed and intended for transmitting or receiving television, radio or microwave signals, direct satellite service (including direct-to-home satellite service) and/or video programming services via multipoint distribution services.

         ANTENNA SUPPORT STRUCTURE. Any building or structure other than a tower which can be used for location of telecommunications facilities.

         APPLICANT. Any person that applies for a conditional use permit to install a tower, telecommunication facilities or antenna.

         APPLICATION. A process by which the owner of a tract of land within the zoning jurisdiction of the city submits a request to develop, construct, modify or operate a tower upon such tract of land. The term APPLICATION includes all written documents, verbal statements and representations, in whatever form or forum, made by an applicant to the city concerning the request.

         CONFORMING COMMERCIAL EARTH STATION. A satellite dish which is 2 meters or less in diameter and is located in an area where commercial or industrial uses are generally permitted under this code.

         ENGINEER. Any engineer qualified and licensed by any state or territory of the United States of America.

         OWNER. Any person with fee simple title or a leasehold exceeding 10 years in duration to any tract of land within the zoning jurisdiction of the city who desires to develop, construct, modify or operate a tower upon the tract of land.

         PERSON. Any natural person, firm, partnership, association, corporation, company or other legal entity, private or public, whether for profit or not for profit.

         SATELLITE DISH. An antenna consisting of a radiation element intended for transmitting or receiving television, radio, microwave or radiation signals and supported by a structure with or without a reflective component to the radiating dish, usually circular in shape.

         STEALTH. Any telecommunications facility, tower or antenna which is designed to enhance compatibility with adjacent land uses, including, but not limited to, architecturally screened roof-mounted antennas, antennas integrated into architectural elements, and towers designed to look other than like a tower such as light poles, power poles and trees.

         TELECOMMUNICATIONS FACILITIES. Any cables, wires, lines, waive guides, antennas or any other equipment or facilities associated with the transmission or reception of communications which a person seeks to locate or has installed upon or near a tower or antenna support structure. However, TELECOMMUNICATIONS FACILITIES shall not include:

            1.   Any conforming commercial earth station antenna 2 meters in diameter or less which is located in the city's commercial or industrial zones.

            2.   Any earth station antenna 1 meter or less in diameter, regardless of the zoning applicable to the location of the antenna.

         TOWER. A self-supporting lattice, guyed, or monopole structure constructed from grade which supports telecommunications facilities. The term TOWER shall not include amateur radio operator's equipment as licensed by the FCC.

         TOWER OWNER. Any person with an ownership interest of any nature in a proposed or existing tower following the issuance of a conditional use permit.

      (2)   All terms in this subchapter which are not specifically defined herein shall be construed in accordance with the Communications Act of 1934, the Telecommunications Act of 1996 and the Rules and Regulations of the Federal Communications Commission (FCC).

(Prior Code, § 56-447)

   (C)   Location of towers, telecommunication facilities and antennas.

      (1)   Towers, telecommunication facilities and antennas shall be permitted conditional uses in all zoning districts, except F-1 (Floodplain District).

      (2)   No person shall develop, construct, modify or operate a tower, telecommunication facilities or antennas upon any tract of land within the zoning jurisdiction of the city prior to approval of its application for a conditional use permit by the Mayor and City Council and issuance of the building permit by the city. Applicants shall submit their application for a building permit to the Development Department.

      (3)   All towers, telecommunications facilities and antennas constructed within the zoning jurisdiction of the city after approval and adoption of this chapter shall conform to the Building Code and all other construction standards set forth in the city code, federal and state law, and applicable American National Standards Institute (ANSI) standards. Upon completion of construction of a tower, telecommunication facilities or antennas and prior to the commencement of use, an engineer's certification that the tower is structurally sound and in conformance with all of the aforementioned applicable regulatory standards shall be filed with the Development Department.

(Prior Code, § 56-448)

   (D)   Application to develop a tower, telecommunication facilities or antenna. Prior to commencement of development or construction of a tower, telecommunication facilities or antenna, an application shall be submitted to the city's Development Department for a conditional use permit and shall include the following in addition to the requirements herein:

      (1)   The name, address and telephone number of the owner and if applicable, the lessee of the tract of land upon which the tower, telecommunication facilities or antenna is to be located. Applicants shall include the owner of the tract of land and all persons having an ownership interest in the proposed tower, telecommunication facilities or antennas. The application shall be executed by all applicants.

      (2)   The legal description and address of the tract of land on which the tower is to be located.

      (3)   The names, addresses and telephone numbers of all owners of other towers, telecommunication facilities or antennas, or useable antenna support structures within a 1/4 mile radius of the location of the proposed tower, telecommtrnication facilities or antenna, including publicly and privately owned towers, telecommunication facilities or antennas, or structures.

      (4)   An affidavit attesting to the fact that the applicant has made diligent, but unsuccessful efforts to obtain permission to install or collocate the applicant's telecommunications facilities on a tower or useable antenna support structure with a 1/4 mile radius of the proposed tower location or written technical evidence from an engineer that the applicant's telecommunications facilities cannot be installed or co-located on another support structure within a 1/4 mile radius of the proposed location.

      (5)   Written technical evidence from an engineer that the proposed tower, telecommunication facilities or antennas will meet the Building Code, all other construction standards set forth by the city code and federal and state law and applicable ANSI standards.

      (6)   Color photo simulations showing the proposed location of the tower, telecommunication facilities or antenna with a photo-realistic representation of the proposed tower, telecommunication facilities or antenna as it would appear viewed from the nearest residential zoned property and nearest roadway, street or highway.

      (7)   Descriptions and diagrams of the proposed tower, telecommunications facilities and/or antenna, manufacturer's literature, appurtenances such as buildings, driveway, parking area and fences or other security enclosures with sufficient detail to allow persons reviewing the application to understand the kind and nature of the proposed facilities.

      (8)   After the conditional use permit is approved, an application for a building permit shall be submitted.

(Prior Code, § 56-449)

      (E)   Conditional use permit; procedure. The procedure for acquiring a conditional use permit shall be the procedure set forth hereat.

(Prior Code, § 56-450)

   (F)   Setbacks and separation or buffer requirements; illumination.

      (1)   All towers, telecommunication facilities, or antennas up to 55 feet in height shall be set back on all sides a distance equal to the underlying setback requirement in the applicable zoning district. Towers, telecommunication facilities or antennas in excess of 55 feet in height shall be set back 1 additional foot for each foot of tower height in excess of 55 feet. The height of a tower, telecommunication facilities or antenna shall be measured from the grade at the foot of the base pad to the top of any such tower, telecommunications facilities or antennas attached thereto. Setback requirements shall be measured from the base of the tower, telecommunication facilities or antenna to the property line of the tract of land on which it is located.

      (2)   Towers, telecommunication facilities or antennas exceeding 100 feet in height may not be located in any residential zoned district and must be separated from all residential zoned land by a minimum of 200 feet or 100% of the height of proposed tower, whichever is greater.

      (3)   Towers, telecommunication facilities or antennas of 100 feet or less in height maybe located in residential zoned districts; provided, the tower, telecommunication facilities or antennas is separated from any residential structure, school or church by a minimum of 100% of the height of proposed tower, telecommunication facilities or antenna.

      (4)   Towers must meet the following minimum separation requirements from other towers:

         (a)   Monopole tower structures shall be separated from all other towers, whether monopole, self-supporting lattice or guyed, by a minimum of 750 feet.

         (b)   Self-supporting lattice or guyed towers shall be separated from all other self-supporting or guyed towers by a minimum of 1,500 feet.

      (5)   Towers, telecommunication facilities or antennas shall not be artificially lighted except as required by the Federal Aviation Administration (FAA). In cases where there are residential zoned properties located within a distance of 300% of the height of the tower, any tower, telecommunication facilities or antenna subject to this subchapter shall be equipped with dual mode lighting.

(Prior Code, § 56-451)

   (G)   Security and fences. All self-supporting lattice or guyed towers, telecommunication facilities or antennas shall be enclosed within a security fence or other structure designed to preclude unauthorized access. Monopole towers shall be designed and constructed in a manner which will preclude to the extent practical, unauthorized climbing of the structure.

(Prior Code, § 56-452)

   (H)   Exterior finish. Towers, telecommunication facilities or antennas not requiring FAA painting or marking shall have an exterior finish which enhances compatibility with adjacent land uses, subject to review and approval by the City Council as pan of the application approval process. All towers, telecommunication facilities or antennas which must be approved as a conditional use shall be of stealth design unless stealth features are impractical or the cost of the features represents an undue burden on the applicant.

(Prior Code, § 56-453)

   (I)   Landscaping. All tracts of land on which towers, antenna support structures, telecommunications facilities and/or antennas are located shall be subject to the landscaping requirements of the city code.

(Prior Code, § 56-454)

   (J)   Maintenance, repair or modification of existing towers. All towers, telecommunication facilities or antennas constructed or under construction on date of adoption of this chapter may continue in existence as a non-conforming structure and maybe maintained or repaired without complying with any of the requirements of this subchapter. Nonconforming structures or uses may not be enlarged or the degree of non-conformance increased without complying with this subchapter, including applying for and obtaining a conditional use permit. Any modification or reconstruction of a tower constructed or under construction on date of adoption of this chapter shall require compliance with the requirements of this subchapter including applying for and obtaining a conditional use permit. The application shall describe and specify all items which do not comply with diis subchapter and may request, subject to approval by the Mayor and City Council, an exemption from compliance as a condition of the conditional use permit.

(Prior Code, § 56-455)

   (K)   Inspections. The city reserves the right to conduct an inspection of towers, antenna support structures, telecommunications facilities and antennas upon reasonable notice to the owner or operator to determine compliance with this subchapter and to prevent structural and equipment failures and accidents which may cause damage, injuries or nuisances to the public. Inspections may be made to determine compliance with the Building Code and any other construction standards set forth in the city code, federal and state law or applicable ANSI standards.

(Prior Code, § 56-456)

   (L)   Maintenance. The towers, antenna support structures, telecommunications facilities and antennas shall, at all times, be kept and maintained in good condition, order and repair so that the same does not constitute to or a danger to the life or property of any person or the public.

(Prior Code, § 56-457)

   (M)   Abandonment. If any tower, telecommunication facilities or antenna shall cease to be used for a period of 1 year, the Development Department shall notify the owner that the site will be subject to a determination by the Development Department Director or his or her designee that the site has been abandoned. Upon issuance of a notice to show cause by the Development Department Director, the owner shall have 30 days to show by a preponderance of the evidence that the tower, telecommunication facilities or antenna has been in use or under repair during the period of apparent abandonment. In the event the tower owner fails to show that the tower, telecommunication facilities or antenna has been in use or under repair during the relevant period, the Development Department Director or his or her designee shall issue a final determination of abandonment of the site and the owner shall have 75 days thereafter to dismantle and move the tower, telecommunication facilities or antenna. In the event the tower, telecommunication facilities or antenna is not dismantled and removed, the tower, telecommunication facilities or antenna shall be declared a public nuisance by the Development Department Director or his or her designee and a written request shall be directed to the City Attorney to proceed to abate the public nuisance pursuant to the city code, and charge the costs thereof against the real estate on which the tower is located or the owner of record of the real estate.

(Prior Code, § 56-458)

(Ord. 3253, § 12, 9-7-1999; Am. Ord. 3840, § 1, 4-3-2012)

   (A)   A manufactured home shall be located and installed according to the same standards for foundation system, permanent utility connections, setback and minimum square footage which would apply to a site-built, single-family dwelling on the same lot.

   (B)   All manufactured homes located outside of mobile home parks shall have upon it any required seal as set forth in Neb. RS 71-1555 et seq., and be in conformance with the following.

      (1)   The home shall have no less than 900 square feet of floor area.

      (2)   The home shall have no less than an 18-foot exterior width.

      (3)   The roof shall be pitched with a minimum vertical rise of 2-1/2 inches for each 12 inches of horizontal run.

      (4)   The exterior material shall be of a color, material and scale comparable with those existing in residential site-built, single-family construction.

      (5)   The home shall have a non-reflective roof material which is or simulates asphalt or wood shingles, tile or rock.

      (6)   The home shall have wheels, axles, transporting lights and removable towing apparatus removed.

      (7)   The home must bear a label certifying that is was built to compliance with National Manufactured Home Construction and Safety Standards, 24 C.F.R. §§ 3280 et seq., promulgated by the United States Department of Housing and Urban Development, or a modular housing unit, as defined in Neb. RS 71-1557, bearing the seal of the Department of Health and Human Service System.

(Prior Code, § 56-459) (Am. Ord. of 12-4-2001; Am. Ord. 3840, § 1, 4-3-2012)

   If, at the time of passage of this subchapter, a lot or the aggregate of contiguous lots or land parcels held in a single ownership, has an area or dimension which does not meet the lot size requirements of the district in which the property is located, the lot or aggregate holdings maybe occupied by any use permitted outright in the district subject to the other requirements of the district.

(Prior Code, § 56-460) (Am. Ord. of 12-4-2001; Am. Ord. 3840, § 1, 4-3-2012)

   (A)   All aboveground storage tanks (ASTs) shall comply with the following requirements.

      (1)   All ASTs must comply with conditional use regulations as stated in §§ 156.320 through 156.322.

      (2)   All ASTs shall be on a minimum site of 10 acres of land. Maximum fuel land density is 1,000 gallons per acre.

      (3)   All ASTs shall comply with all requirements of the Nebraska State Fire Marshal's Office and the City of North Platte Fire Marshal's Office (if within city limits) and proof of said compliance is required to be filed with the Development Department prior to operating said location.

      (4)   All ASTs shall be set back a minimum of 100 feet from any right-of-way.

      (5)   All ASTs shall have a minimum separation distance of 300 feet from any structure not on the applicant's property or development.

      (6)   All sites with ASTs shall have 2 separate and distinct ingress and egress points to the site. All entry points shall be a minimum of 20 feet wide unobstructed, and a 20-foot wide fire lane shall be provided to the tank location, and shall be reviewed and signed off on, as to location, by the County Highway Superintendent in the case of a county road and/or NDOR in the case of a state or federal highway and/or City of North Platte in case of a city road. Proof of said compliance is required to be filed with the Development Department prior to operating said location.

      (7)   All ASTs shall provide specific list and data to the local fire departments regarding the materials stored on the site.

      (8)   An AST that is established as a fuel depot may be required to conduct a traffic study to determine traffic impacts of the site on the surrounding transportation system.

      (9)   An AST may be required to have available and stored on site any equipment and/or supplies needed to contain any spill, leak, fire or disaster as deemed necessary by the local Fire Department and/or State Fire Marshal as stated in § 94.056.

      (10)   An AST shall be required to allow for and comply with annual inspections by the local and/or State Fire Marshal.

   (B)   Revocation of an AST conditional use permit.

      (1)   A conditional use permit for an AST site granted pursuant to a hearing may be revoked and the AST site/facility may be terminated if the Planning Commission and City Council make any of the following findings:

         (a)   That any condition of a conditional use permit or an amended conditional use permit has not been complied with or has been violated;

         (b)   That the AST is detrimental to the public health, safety or is a public nuisance;

         (c)   That the conditional use permit was obtained by fraud;

         (d)   That the use for which the permit was granted is not being exercised; and

         (e)   That the use for which the permit was granted has ceased or been suspended.

   (C)   No variances are permitted for this use.

   (D)   Aboveground storage of liquid natural gas (LNG).

      (1)   Notwithstanding any other provisions of this section:

         (a)   Storage of LNG must comply with conditional use regulations as provided in §§ 156.320 through 156.322.

         (b)   All LNG containers shall be on a minimum site of 5 acres of land located in conjunction with a truck plaza.

         (c)   Property line setbacks shall be at a minimum equal to the height of the storage container from all property lines.

         (d)   No LNG storage container shall exceed the maximum height allowed in the B-2 Commercial District.

         (e)   All LNG containers must comply with local fire code regulations as provided in Natural Fire Protection Association 52, Vehicular Gaseous Fuel Systems Code.

         (f)   An LNG site shall be subject to annual inspections by the local and/or State Fire Marshal.

      (2)   The provisions of division (B) above shall apply to the revocation of a conditional use permit relating to the storage of LNG.

(Ord. 3840, § 1, 4-3-2012; Am. Ord. 3847, § 2, 6-5-2012)

   (A)   Purpose. It is the purpose of this regulation to promote the safe, effective and efficient use of small wind energy systems installed to reduce the on-site consumption of utility supplied electricity.

   (B)   Definitions. The following are defined for the specific use of this section.

      ROTOR DIAMETER. The diameter of the circle described by the moving rotor blades.

      SMALL WIND ENERGY SYSTEM. A wind energy conversion system consisting of a wind turbine, a tower, and associated control or conversion electronics, which has a rated capacity of not more than 100 kW and which is intended to primarily reduce on-site consumption of utility power.

      STRUCTURALLY MOUNTED SYSTEM. A small wind energy system that mounted on a building including residential dwellings.

      TOTAL HEIGHT. The highest point, above ground level, reached by a rotor tip or any other part of the wind energy conversion system.

      TOWER HEIGHT. The height above grade of the first fixed portion or stub portion of the tower, excluding the wind turbine itself.

   (C)   Requirements. Certain requirements as set forth below shall be met:

      (1)   Tower height.

         (a)   For property sizes between 1/2 acre and 1 acre the tower height shall be limited to 80 feet.

         (b)   For property sizes of 1 acre or more, there is no limitation on tower height, except as imposed by FAA regulations.

      (2)   Setbacks. No part of the wind system structure, including guy-wire anchors, may extend closer than accessory building setbacks of the appropriate zoning district to the property lines of the installation site.

      (3)   Noise.

         (a)   Small wind energy systems shall not exceed 50 dBA, as measured at the closest neighboring inhabited dwelling unit.

         (b)   The noise level may be exceeded during short term events such as utility outages and/or severe wind storms.

      (4)   Approved wind turbines. Small wind turbines must have been approved under the Emerging Technologies program of the California Energy Commission or any other small wind certification program recognized by the American Wind Energy Association.

      (5)   Compliance with Building and Zoning Codes.

         (a)   Applications for small wind energy systems shall be accomplished by standard drawings of the wind turbine structure, including the tower base, and footings.

         (b)   An engineering analysis of the tower showing compliance with official building code of the governing body and/or the State of Nebraska certified by a professional engineer licensed and certified in Nebraska shall also be submitted.

         (c)   The manufacturer frequently supplies this analysis.

         (d)   Wet stamps shall not be required.

      (6)   Compliance with FAA and NDA Regulations. Small wind energy systems must comply with applicable FAA and NDA regulations, including any necessary approvals for installations close to airports.

      (7)   Compliance with National Electrical Code.

         (a)   Permit applications for small wind energy systems shall be accompanied by a line drawing of the electrical components in sufficient detail to allow for a determination that the manner of installation conforms to the National Electrical Code.

         (b)   The manufacturer frequently supplies this analysis.

      (8)   Utility notification.

         (a)   No small wind energy system shall he installed until evidence has been given that the utility company has been informed of the customer's intent to install an interconnected customer-owned generator.

         (b)   Off-grid systems shall be exempt from this requirement.

 

   (D)   Commercial/utility grade wind energy systems.

      (1)   Purpose. It is the purpose of this regulation to promote the safe, effective and efficient use of commercial/utility grade wind energy systems within North Platte.

   (E)   Definitions. The following are defined for the specific use of this section.

      AGGREGATE PROJECT. Projects that are developed and operated in a coordinated fashion, but which have multiple entities separately owning one or more of the individual WECS within the larger project. Associated infrastructure such as power lines and transformers that service the facility maybe owned by a separate entity but are also part of the aggregated project.

      COMMERCIAL WECS. A wind energy conversion system of equal to or greater than 100 kW in total name plate generating capacity.

      FAIL ZONE. The area, defined as the furthest distance from the tower base, in which a guyed tower will collapse in the event of a structural failure. This area is less than the total height of the structure.

      METEOROLOGICAL TOWER. A tower which is erected primarily to measure wind speed and directions plus other data relevant to siting a wind energy conversion system. Meteorological towers do not include towers and equipment used by airports, the NDOR, or other applications to monitor weather conditions.

      ROTOR DIAMETER. The diameter of the circle described by the moving rotor blades.

      TOTAL HEIGHT. The highest point, above ground level, reached by a rotor tip or any other part of the wind energy conversion system.

      TOWER. The vertical structures that support the electrical, rotor blades, or meteorological equipment.

      TOWER HEIGHT. The height above grade of the first fixed portion or stub portion of the tower, excluding the wind turbine itself.

      WIND ENERGY CONSERVATION SYSTEM (WECS). An electrical generating facility comprised of 1 or more wind turbines and accessory facilities, including but not limited to: power lines, transformers, substations and meteorological towers that operate by converting the kinetic energy of wind into electrical energy. The energy may be used on-site or distributed into the electrical grid.

      WIND TURBINES. Any piece of electrical generating equipment that converts the kinetic energy of blowing wind into electrical energy using airfoils or similar devices to capture the wind.

   (F)   Requirements. Commercial/utility grade wind energy systems shall be permitted as a conditional use in the A-1, B-2, B-3, I-1 and I-2 Districts. Permanent meteorological towers shall be considered part of the system. Temporary meteorological towers may be permitted by a zoning (building) permit and limited to two years or less. The following requirements and information shall be met and supplied:

      (1)   The name(s) of project applicant;

      (2)   The name of the project owner;

      (3)   The legal description and address of the project;

      (4)   A description of the project of the project including; Number, type, name plate generating capacity, tower height, rotor diameter, and total height of all wind turbines and means of interconnecting with the feeder lines;

      (5)   Site layout, including the location of property lines, wind turbines, electrical grid, and all related accessory structures. This site layout shall include distances and be drawn to scale;

      (6)   Engineer's certification;

      (7)   Documentation of land ownership or legal control of the property;

      (8)   The latitude and longitude of individual wind turbines;

      (9)   A USGS topographical map, or map with similar data, of the property and surrounding area, including any other WECS not owned by the applicant, within 10 rotor distances of the proposed WECS;

      (10)   Location of wetlands, scenic, and natural areas (including bluffs) within 1,320 feet of the proposed WECS;

      (11)   An acoustical analysis that certifies that the noise requirements within this regulation can be met;

      (12)   FAA and NDA review and permit;

      (13)   Location of all known communication towers within 2 miles of the proposed WECS;

      (14)   Decommissioning plan including the financial means to implement the plan;\

      (15)   Description of potential impacts on nearby WECS and wind resources on adjacent properties not owned by the applicant.

   (G)   Aggregated projects.

      (1)   Aggregated projects may jointly submit a single application and be reviewed under joint proceedings, including notices, public hearings, reviews and as appropriate approvals.

      (2)   Permits maybe issued and recorded separately.

      (3)   Joint projects will be assessed fees as 1 project.

      (4)   Setbacks to property lines, not road rights-of way, may be less when adjoining property owners are within the same aggregate project.

   (H)   Setbacks. All towers shall adhere to the setbacks as measured from the hub established in the following table:

 

   (I)   Special safety and design standards. All towers shall adhere to the following safety and design standards:

      (1)   Clearance of rotor blades or airfoils must maintain a minimum of 12 feet of clearance between their lowest point and the ground.

      (2)   All commercial/utility WECS shall have a sign or signs posted on the tower, transformer and substation, warning of high voltage. Other signs shall be posted at the entrance to the site with the 911 address and emergency contact information.

      (3)   All wind turbines, which are a part of a commercial/utility WECS, shall be installed with a tubular, monopole type tower.

      (4)   Consideration shall be given to painted aviation warnings on all towers less than 200 feet.

      (5)   Color and finish. All wind turbines and towers that are part of a commercial/utility WECS shall be white, grey, or another non-obtrusive color. Blades may be black in order to facilitate deicing; Finishes shall be matte or non-reflective.

      (6)   Lighting. Lighting, including lighting intensity and frequency of strobe, shall adhere to but not exceed requirements established by the FAA and NDA permits and regulations. Red strobe lights shall be used during nighttime ulumination to reduce impacts on neighboring uses and migratory birds. Red pulsating incandescent lights should be avoided.

      (7)   Other signage. All other signage shall comply with the sign regulations found in these regulations.

      (8)   Feeder lines. All communications and feeder lines installed as part of a WECS shall be buried, where feasible. Feeder lines installed as part of a WECS shall not be considered an essential service.

      (9)   Waste disposal. Solid and hazardous wastes, including but not limited to crates, packaging materials, damaged or worn parts, as well as used oils and lubricants, shall be removed from the site promptly and disposed of in accordance with all applicable local, state and federal rules and regulations.

      (10)   Discontinuation and decommissioning.  

         (a)   A WECS shall be considered a discontinued use after 1 year without energy production, unless a plan is developed and submitted to the Planning Administrator outlining the steps and schedule for returning the WECS to service. All WECS and accessory facilities shall be removed to 4 feet below ground level within 180 days of the discontinuation of use. This period may be extended by the Planning Administrator following a written request by an agent of the owner of the WECS.

         (b)   Each WECS project under this section shall have a decommissioning plan outlining the anticipated means and cost of removing WECS at the end of their serviceable life or upon being discontinued use. The cost estimates shall be made by a competent party; such as a professional engineer, a contractor capable of decommissioning or a person with suitable expertise or experience with decommissioning. The plan shall also identify the financial resources that will be available to pay for decommissioning and removal of the WECS and accessory facilities.

      (11)   Noise. No commercial/utility WECS shall exceed 50 dBA at the nearest structure occupied by humans. Exception: a commercial/utility WECS may exceed 50 dBA during periods of severe weather as defined by the US Weather Service.

      (12)   Interference. The applicant shall rninimize or mitigate interference with electromagnetic communications, such as radio, telephone, microwaves, or television signals caused by any WECS. The applicant shall notify all communication tower operators within 5 miles of the proposed WECS location upon application to the city for permits.

      (13)   Roads. In regard to roads applicants shall:

         (a)   Identify all county, municipal or township roads to be used for the purpose of transporting WECS, substation parts, cement, and/or equipment for construction, operation or maintenance of the WECS and obtain applicable weight and size permits from the impacted jurisdictions prior to construction.

         (b)   Conduct a pre-construction survey, in coordination with the appropriate jurisdictions to determine existing road conditions. The survey shall include photographs and a written agreement to document the condition of the public facility.

         (c)   Be responsible for restoring the road(s) and bridges to pre construction conditions.

      (14)   Drainage system. The applicant shall be responsible for immediate repair of damage to public drainage systems stemming from construction, operation or maintenance of the WECS.

      (15)   Permit fees. Applicant shall remit an application fee set by the Board of Cornmissioners.

(Ord. 3840, § 1, 4-3-2012)

   (A)   Special events requirements.

      (1)   Intent. These requirements are focused on special events that typically do not fall into specific criteria and are temporary in nature. These events may include large numbers of people as well as vehicular traffic (including recreational vehicles). These events are limited uses in the nature of an amusement or attraction. Contemplated uses of this nature are:

         (a)   Tractor pulls; races;

         (b)   Festivals; concerts;

         (c)   Motorcycle or similar rallies;

         (d)   Fireworks displays;

         (e)   Sports events;

         (f)   Fairs and carnivals;

         (g)   Large, single event auctions.

   (B)   Procedure.

      (1)   The Planning Administrator, if he/she determines that the use is a one time, occasional, or annual event, under the control of a reliable sponsor, may issue a letter of "Special Events Permit" and allow the activity to proceed.

      (2)   Any special event where alcoholic beverages will be sold, allowed and/or consumed shall require permit approval by the Planning Commission and City Council as a conditional use permit, following all prescribed procedures for said permit.

      (3)   If the Planning Administrator determines that the use will be conducted occasionally (as opposed to a single event), or that the activity is likely to be associated with site impacts (traffic, dust, noise and activity), he/she may refer the matter to the Planning Commission and City Council.

      (4)   The Planning Commission and City Council, after an examination of all facts and circumstances, and the imposition of appropriate conditions, may allow the use on an occasional basis, as a conditional use permit or a temporary permit.

   (D)   Permit requirements.

      (1)   Special events permit requirements shall include, but are not limited to:

         (a)   Establish appropriate time limits for operation, if necessary;

         (b)   Establish necessary mitigation procedures that will need to be undertaken to minimize traffic impacts;

         (c)   Establish the number of times the activity may operate;

         (d)   Establish the beginning and ending dates of said special event;

         (e)   Access;

         (f)   Set conditions as operating principles, including the advice and approval of the North Platte Emergency Manager;

         (g)   Incorporate rules and conditions established by the Nebraska State Fire Marshal, the Nebraska Liquor Commission, Nebraska State Patrol or other Nebraska state agency and any resolutions established by North Platte;

      (2)   The special permit is a license to operate an activity. It maybe revoked for failure to operate within the established conditions, and shall not run from operator to operator.

      (3)   The special permit shall be signed by both the property owner and the operator.

      (4)   Any special permit approved by the Planning Commission and City Council shall also be countersigned by the Planning Administrator.

(Ord. 3840, § 1, 4-3-2012)

   (B)   Permitted by conditional use in the following zoning districts: I-2 Heavy Industrial, I-1 Light Industrial, A-1 Transitional Agricultural.

   (D)   Solar farm or CSCS must meet all other federal, state, or local regulations applicable to construction.

(Ord. 4180, § 1, 10-29-2024)