(Ord. No. 42653, § 5, 8-31-21)

(a)

General purpose. Overlay districts are used in combination with base districts to modify or expand base district regulations. Overlay districts are adapted to special needs of areas of the city. They provide additional flexibility to this chapter, giving this chapter the ability to evolve as planning for specific areas continues.

The overlay districts are included in this chapter to achieve the following objectives:

(1)

To recognize special conditions requiring regulation in specific parts of the city.

(2)

To provide for the protection of special features in the natural and built environment of the city.

(3)

To allow for change and adaptability in this chapter.

(4)

To encourage comprehensive neighborhood and environmental planning in the city.

(5)

To provide development flexibility and to encourage innovative design through comprehensively planned projects.

(6)

To provide an array of regulating alternatives, combining maximum adaptability to projects with satisfactory control in the public interest.

(7)

To implement the goals and policies of the urban design element of the city's comprehensive plan.

(b)

Interpretation. Provisions governing projects within overlay districts shall apply in addition to the regulations and standards applicable pursuant to the underlying zoning district(s). Where the regulations and standards of an underlying zoning district conflict with those of an overlay district, the standards governing the overlay district shall control.

(Code 1980, § 55-582; Ord. No. 37810, § 25, 8-14-07)

The PUD planned unit development overlay district is intended to provide flexibility in the design of planned urban projects, to encourage comprehensive planning of major developments, to permit innovation in project design that includes incorporation of open space and other amenities, and to insure compatibility of developments with the surrounding urban environment. The PUD district may be used in combination with any base district specified in this chapter. The PUD district, which is adopted by the city council, assures specific development standards for each designated project.

(Code 1980, § 55-584)

(a)

Uses permitted in a PUD overlay district are those permitted in the underlying base district.

(b)

Townhouse structures containing no more than four single-family dwelling units each are permitted in PUD districts combined with the R4 base district, provided that the maximum permitted density for the base district is not exceeded.

(Code 1980, § 55-585)

Site development regulations are developed individually for each PUD district, but must comply with minimum or maximum standards established for the base district, with the following exceptions:

(a)

Lot area and lot width are not restricted, provided that the maximum density allowed for each base district is not exceeded.

(b)

Maximum building coverage shall be the smaller of the allowed building coverage in the base district, or 60 percent.

(Code 1980, § 55-586)

The minimum area of any PUD district is one acre. This minimum may be waived by the planning board or city council if it determines that development of a site is impossible without PUD designation and that such designation is consistent with the comprehensive plan of the city.

(Code 1980, § 55-587)

Each PUD district must abut a public street for at least 50 feet and derive its access from that street. Exceptions to the requirement that individual lots abut a street may be allowed if adequate and permanent access by easement or internal street system from a public street is provided to each lot.

(Code 1980, § 55-588)

(a)

Concept review.

(1)

Prior to application for a PUD district, the prospective applicant shall submit a concept plan to the planning department and consult with the planning director regarding the proposed development. The concept plan shall include:

a.

A general land use plan showing site design, proposed uses, and related planning and development data.

b.

A general plan for public facilities, showing approximate location of public and private streets, pedestrian ways, other circulation features, utilities, and community facilities.

(2)

The planning director shall advise the applicant of the project's conformance with the master plan and shall provide other comments on land use, transportation, environmental and other issues within ten days of the concept discussion.

(b)

Development plan. The application for a PUD district shall include a development plan containing the following information:

(1)

A tract map, showing site boundaries, street lines, lot lines, easements and proposed dedications or vacations.

(2)

A land use plan designating specific uses for the site and establishing site development regulations, including setback height, building coverage, impervious coverage, density and floor area ratio requirements.

(3)

A site development and landscaping plan, showing building locations or building envelopes, site improvements, public or common open spaces, community facilities, signs and other significant visual features, and typical landscape plans.

a.

The landscape plan shall specify landscaping in buffer areas, and public or community open spaces.

b.

The plan shall identify plants by their common and scientific names and shall include quantities, size and spacing.

(4)

A circulation plan, including location of existing and proposed vehicular, pedestrian, bicycle and other circulation facilities, and location and general design of parking and loading facilities.

(5)

A public services and utilities plan providing requirements for and provision of all utilities, sewers, and other facilities needed to serve the site.

(6)

A topographic map and site grading plan, showing existing and proposed contours in no greater than five-foot intervals.

(7)

Schematic architectural plans and elevations sufficient to indicate building height, bulk, materials and general architectural design.

(8)

A proposed development schedule.

(9)

Limits of flexibility or variance of the development plan, specifying changes which may be made without being considered a substantial amendment.

(10)

A traffic impact analysis, if required by the public works director, completed according to standards and requirements on file with the city clerk.

(Code 1980, § 55-589)

(a)

The planning director, planning board and city council shall review and evaluate each PUD application using the criteria established in section 55-885 and other applicable sections of this Code. The city may impose reasonable conditions as deemed necessary to ensure that a PUD shall be compatible with adjacent land uses, will not overburden public services and facilities and will not be detrimental to public health, safety and welfare.

(b)

The planning director and public works director shall review each application and shall transmit their recommendations to the planning board and the applicant before the date of the public hearing.

(c)

The planning board, after proper notice, shall hold a public hearing and act upon each application.

(d)

The planning board may recommend amendments to PUD district applications.

(e)

The recommendation of the planning board, together with that of the planning director and public works director, shall be transmitted to the city council for final action.

(f)

The city council, after proper notice, shall hold a public hearing and act upon any ordinance establishing a PUD planned unit development overlay district.

(g)

An ordinance adopting a PUD planned unit development overlay zoning district shall require a favorable vote of five members of the city council for approval if the planning board recommends denial of the ordinance. The city council may amend such ordinances, provided at least five councilmembers vote to do so.

(h)

Upon approval by the city council, the development plan shall become a part of the ordinance creating or amending the PUD district. All approved plans shall be filed with the city clerk.

(i)

Any protest against a PUD planned unit development overlay district shall be made and filed as provided by R.R.S. 1943, § 14-405, and amendments thereto.

(j)

No application for approval of the same or substantially the same application for a PUD may be filed within one year of a denial of that application by the city council.

(Code 1980, § 55-590)

(a)

Major amendments to the development plan must be submitted to the planning board for a recommendation and approved by the city council. Major amendments include:

(1)

An increase in the density of the development;

(2)

Substantial changes in circulation or access;

(3)

Substantial changes in the mix of dwelling unit types included in the project;

(4)

Substantial changes in grading or utility provision;

(5)

Substantial changes in the mixture of land uses, or an increase in the amount of land used for nonresidential purposes;

(6)

Reduction in approved open space, landscaping or buffering;

(7)

Substantial changes in architectural or site design features of the development;

(8)

Any other change that the planning director finds is a major divergence from the development plan.

(b)

All other changes in the development plan shall be considered minor amendments. The planning director, upon receipt of an application, may approve minor amendments in the development plan.

(1)

If the director does not act on an application for a minor amendment of a development plan within 15 days, it shall be considered approved.

(2)

An application that is disapproved by the planning director shall be considered a major amendment and shall be subject to the approval process for such amendments.

(Code 1980, § 55-591)

The permits and inspections division shall not issue a building permit, certificate of occupancy, or other permit for a building, structure or use within a PUD district unless it is in compliance with the approved development plan or any approved amendments.

(Code 1980, § 55-592)

Any PUDs approved under procedures in force before the effective date of this chapter [March 4, 1987] shall be designated as PUD districts and shall be governed by requirements or restrictions applicable at time of their approval.

(Code 1980, § 55-593)

If no substantial development has taken place in a PUD district for three years following approval of the district, the planning board shall reconsider the zoning of the property and may, on its own motion, initiate an application for rezoning the property.

(Code 1980, § 55-594)

The planned unit redevelopment (PUR) overlay district is intended to encourage redevelopment of parcels served by existing infrastructure, by providing flexibility in site design in order to permit project innovation while ensuring compatibility with the surrounding neighborhood. It is further intended to enable implementation of master plan goals that promote redevelopment in older areas of the city with complex and often constrained lot conditions. The PUR district may be used in combination with any base district specified in this chapter. The PUR district, which is adopted by the city council, assures specific development standards.

(Ord. No. 40041, § 1, 7-15-14)

(a)

Permitted uses. Uses permitted in a PUR overlay district shall be those permitted in the underlying base district.

(1)

Additional uses for certain districts may be permitted as described by section 55-597(a)(1)a.—c. provided such uses are compatible with the neighborhood and are approved by the planning director.

a.

Townhouse structures containing no more than four dwelling units each are permitted in PUR districts within an R4 base district.

b.

Duplex and two family residential structures are permitted in PUR districts within an R4 base district.

c.

Live work and accessory residential structures are permitted in PUR districts within an R4, R5, R6, R7 or R8 base district.

(b)

Site development regulations. Site development regulations shall be developed individually for each PUR district and comply with minimum or maximum standards established for the base district to the extent feasible. Relief from site development regulations may be allowed to address site constraints, to achieve compatibility with the surrounding neighborhood pursuant to standards for infill development as adopted or amended, or to implement the master plan.

(1)

The PUR shall also incorporate applicable standards and guidelines included in sections 55-610 through 55-617, regarding areas of civic importance to the extent reasonable and approved by the planning director regardless of whether the PUR district is located within an area of civic importance.

(2)

There shall be no minimum site area for PUR districts.

(3)

Each PUR district shall abut a public street and derive its access from that street. Exceptions to the requirement that individual lots abut a street may be allowed if adequate and permanent access by easement or internal street system from a public street is provided to each lot.

(Ord. No. 40041, § 1, 7-15-14)

(a)

Concept review.

(1)

Prior to application for a PUR district, the prospective applicant shall submit a concept plan and general objective statement to the planning department for review, which shall include the following:

a.

A general land use plan showing site design, proposed uses, and related planning and development data.

b.

A general plan for public facilities, showing approximate location of public and private streets, pedestrian ways, other circulation features, utilities, and community facilities.

(2)

The planning director shall advise the applicant of the project's conformance with the master plan and shall provide other comments on land use, transportation, environmental and other issues within 15 days of the concept discussion.

(b)

Development plan. The application for a PUR district shall include a scaled development plan containing the following information:

(1)

A tract map, showing site boundaries, street lines, lot lines, easements and proposed dedications or vacations.

(2)

A land use plan designating specific uses for the site and establishing site development regulations, including setback height, building coverage, impervious coverage, density and floor area ratio requirements.

(3)

A site development and landscaping plan, showing building locations or building envelopes, site improvements, public or common open spaces, community facilities, signs and other significant visual features, and typical landscape plans.

a.

The landscape plan shall specify all required and proposed landscaping including that within the public right-of-way and shall identify plants by their common and scientific names and shall include quantities, size and spacing.

(4)

A circulation plan, including location of existing and proposed vehicular, pedestrian, bicycle and other circulation facilities, and location and general design of parking and loading facilities.

(5)

A public services and utilities plan providing requirements for and provision of all utilities, sewers, and other facilities needed to serve the site.

(6)

A topographic map and site grading plan, showing existing and proposed contours in no greater than five-foot intervals and the design of all proposed retaining walls.

(7)

Schematic architectural plans and elevations sufficient to indicate building height, bulk, materials and general architectural design.

(8)

A proposed development schedule.

(9)

A traffic impact analysis, if required by the public works director, completed according to standards and requirements on file with the city clerk.

(c)

Adoption of district.

(1)

The planning director, planning board and city council shall review and evaluate each PUR application using the criteria established in section 55-885 and other applicable sections of this Code. The city may impose reasonable conditions as deemed necessary to ensure that a proposed PUR district shall be compatible with adjacent land uses, will not overburden public services and facilities and will not be detrimental to public health, safety and welfare.

(2)

The planning director and public works director shall review each application and shall transmit their recommendations to the planning board and the applicant before the date of the public hearing.

(3)

The planning board, after proper notice, shall hold a public hearing and act upon each application.

(4)

The recommendation of the planning board, together with that of the planning director and public works director, shall be transmitted to the city council for final action.

(5)

The city council, after proper notice, shall hold a public hearing and act upon any ordinance establishing a PUR district.

(6)

An ordinance adopting a PUR district shall require a favorable vote of five members of the city council for approval if the planning board recommends denial of the ordinance. The city council may enact an amendment to the ordinance at variance with that recommended by the planning board, but only if at least five councilmembers vote to do so.

(7)

Upon approval by the city council, the redevelopment plan shall become a part of the ordinance creating or amending the PUR district. All approved plans shall be filed with the city clerk and the planning director.

(8)

Any protest against a PUR district shall be made and filed as provided by R.R.S. 1943, § 14-405, and amendments thereto.

(9)

No application for approval of the same or substantially the same application for a PUR may be filed within one year of a denial of that application by the city council.

(Ord. No. 40041, § 1, 7-15-14)

(a)

Major amendments to the development plan must be submitted to the planning board for a recommendation and approved by the city council. Major amendments may include:

(1)

An increase in the density of the development;

(2)

Substantial changes in circulation or access;

(3)

Substantial changes in the mix of dwelling unit types included in the project;

(4)

Substantial changes in grading or utility provision;

(5)

Substantial changes in the mixture of land uses, or an increase in the amount of land used for nonresidential purposes;

(6)

Substantial changes to the approved open space, landscaping or buffering;

(7)

Substantial changes in architectural or site design features of the development;

(8)

Any other change that the planning director finds is a major divergence from the development plan.

(b)

All other changes in the development plan shall be considered minor amendments. The planning director, upon receipt of an application, may approve minor amendments in the development plan.

(c)

An application that is disapproved by the planning director shall be considered a major amendment and shall be subject to the approval process for such amendments.

(d)

The permits and inspections division shall not issue a building permit, certificate of occupancy, or other permit for a building, structure or use within a PUR district unless it is in compliance with the approved development plan or any approved amendments.

(Ord. No. 40041, § 1, 7-15-14)

If no substantial development has taken place in a PUR district for three years following approval of the district, the planning board may reconsider the zoning of the property and on its own motion initiate an application for rezoning and/or removing the PUR district.

(Ord. No. 40041, § 1, 7-15-14)

The NCE neighborhood conservation/enhancement overlay district is intended to help preserve unique pedestrian-oriented land use, urban design, and other distinctive characteristics of older established neighborhoods and commercial areas as well as to enhance more recently developed neighborhoods and commercial areas in order to implement the urban design element of the city's comprehensive plan. The NCE district, used in combination with a base district, allows changes in permitted uses and adjustments to site development standards in order to respond to the needs of a specific residential neighborhood or neighborhood commercial area. In addition, the NCE district may include supplementary site development standards and guidelines, based upon a neighborhood conservation/enhancement plan adopted by the city council as part of the city's comprehensive plan.

(Code 1980, § 55-602; Ord. No. 37810, § 5, 8-14-07)

(a)

Qualifications for designation. To qualify for adoption, a proposed NCE district shall satisfy the following requirements:

(1)

Minimum area. Each NCE district shall include a contiguous area of at least five acres, including intervening streets, alleys and private ways.

(2)

Status of area at time of adoption. The area included in each NCE district shall be allocated into one of the following two categories:

a.

Conservation. Areas intended to be conserved must have been recorded as a subdivision with the county register of deeds no later than 1960.

b.

Enhancement. Areas intended to be enhanced must have been recorded as a subdivision with the county register of deeds no earlier than 1961.

(b)

Manner of designation. NCE districts shall be designated as follows:

(1)

NCE-C. An NCE district adopted for the primary purpose of conserving areas in a neighborhood whose subdivision(s) were recorded no later than 1960 shall be designated as "NCE-C."

(2)

NCE-E. An NCE district adopted for the primary purpose of enhancing areas in a neighborhood whose subdivision(s) were recorded no earlier than 1961 shall be designated as "NCE-E."

(c)

Applicability. The general provisions of these sections 55-601 through 55-608 and the specific provisions adopted as part of an NCI district shall apply to any project in the NCE district.

(d)

Conflict of provisions. Where the provisions of these sections 55-601 through 55-608 and the specific provisions adopted as part of an NCE district conflict with other sections of this chapter, the provisions of these sections 55-601 through 55-608 and the specific provisions adopted as part of the NCE district shall control.

(e)

Permitted uses. Except as may be limited by the NCE district provisions based upon the adopted neighborhood conservation/enhancement plan, use types permitted in any NCE district are the same as those permitted in the base zoning district(s) underlying the NCE district.

(Code 1980, § 55-603; Ord. No. 37810, § 5, 8-14-07)

(a)

Initiation. An application for an NCE overlay district may be initiated by:

(1)

A majority of property owners within the proposed district;

(2)

The planning board; or

(3)

The city council.

(b)

Contents. An application for creation of an NCE district shall include the following components:

(1)

A statement of purpose, describing the reasons that the existing base zoning district or districts are not fully adaptable to the specific neighborhood.

(2)

A map indicating the boundaries of the proposed NCE district, specifying the base district(s) included within these boundaries.

(3)

A neighborhood conservation/enhancement plan prepared by or under the direction of the city planning department, identifying those areas that are to be conserved and those that are to be enhanced, consisting of maps and other graphic and written material necessary to describe land uses, distinctive neighborhood characteristics, building siting and design, pedestrian facilities, site development requirements, signage, circulation, and other existing or proposed features of the proposed NCE district. A neighborhood conservation/enhancement plan which encompasses areas zoned for non-residential use types shall include zoning policies for the urban design elements addressed in article XXII (urban design).

(4)

A specific set of modifications to be made in existing base district regulations, including use, site development, off-street parking, and other regulations included in this chapter.

(Code 1980, § 55-604; Ord. No. 37810, § 5, 8-14-07)

The following substantive requirements, procedural steps and protest provisions shall apply to the adoption of any new NCE district:

(a)

A neighborhood conservation/improvement plan, as prepared by the city planning department, and the NCE district application shall be transmitted to the planning board.

(b)

The planning board, after proper notice pursuant to section 55-891, shall hold a public hearing and act upon the plan and district application.

(c)

The planning board may recommend amendments to the plan and district application.

(d)

The recommendation of the planning board, together with that of the planning director, shall be transmitted to the city council for final action.

(e)

The city council, after proper notice pursuant to section 55-891, shall hold a public hearing and act upon the NCE district ordinance. The neighborhood conservation/enhancement plan shall be adopted as a portion of the city's comprehensive plan.

(f)

The ordinance adopting the NCE district shall include a statement of purpose, a reference to the approved neighborhood conservation/enhancement plan, and a list of modifications to the base district(s) regulations.

(g)

An ordinance adopting an NCE district shall require a favorable vote of five members of the city council for approval if the planning board recommends denial of the ordinance. The city council may amend such ordinances, provided at least five councilmembers vote to do so.

(h)

Each NCE district shall be shown on the zoning map, identified sequentially by order of enactment and referenced to the enacting ordinance.

(i)

Any protest against an NCE district shall be made and filed as provided by R.R.S. 1943, § 14-405, and amendments thereto.

(Code 1980, § 55-605; Ord. No. 37810, § 5, 8-14-07)

The city council may adopt an NCE district if the area meets one or more of the following criteria:

(a)

The area has distinctive building features, such as scale, size, type of construction, or distinctive building materials, that should be preserved.

(b)

The area has distinctive site planning features, such as lot platting, setbacks, street layout, alleys or sidewalks, that the base district regulations cannot accommodate.

(c)

The area has distinctive land use patterns, including mixed land uses or unique uses or activities, that the base district cannot accommodate.

(d)

The area would benefit from the adoption of new urban design criteria that would significantly enhance the character of existing and new commercial development or redevelopment in the area.

(e)

The area has special natural or streetscape characteristics, such as creek beds, parks, gardens or street landscaping, that should be preserved or respected.

(Code 1980, § 55-606; Ord. No. 37810, § 5, 8-14-07)

(a)

Urban design standards and guidelines. An NCE district which includes areas zoned for nonresidential use types shall contain standards and guidelines for the elements described in article XXII, modified as appropriate to address the characteristics of the area to be conserved or to be enhanced, as the case may be.

(b)

Minimum building design guidelines. An NCE district proposed for an area which includes areas zoned for nonresidential use types shall include building design guidelines consistent with the following:

(1)

Building design guidelines as set forth in article XXII (urban design), section 55-935.

(c)

Urban design site plan review. Urban design site plan approval pursuant to article XXII (urban design), section 55-937 shall be required for all projects which include nonresidential use types in the NCE district.

(Code 1980, § 55-607; Ord. No. 37810, § 5, 8-14-07; Ord. No. 39358, § 2, 6-19-12)

Building or other permits issued by the permits and inspections division in an NCE district shall be consistent with the adopted NCE district ordinance and the approved neighborhood conservation/enhancement plan.

(Ord. No. 37810, § 5, 8-14-07)

Proposed changes to existing structures located on sites in the NCE district shall be subject to the standards and guidelines contained in, or adopted pursuant to, sections 55-604 through 55-608, in the following manner:

(a)

Total reconstruction. Any project which involves the total reconstruction of any existing structure on a site, as a result of a decision to redevelop the site, shall be subject to the standards and guidelines contained in, or adopted pursuant to, sections 55-604 through 55-608. Any project which involves the total reconstruction of any existing structure on a site as a result of a casualty loss shall be subject only to the said standards and guidelines which govern building design.

(b)

Other change involving issuance of a building permit. Any change to a project that does not constitute a total reconstruction as provided in subsection (a) shall be subject to each standard and guideline contained in, or adopted pursuant to, sections 55-604 through 55-608, to the extent that such change to the project concerns each such standard or guideline.

(c)

Exception. Notwithstanding the provisions of subsection (b), above, ordinary maintenance and repairs of an existing structure or site shall not be subject to the standards and guidelines contained in, or adopted pursuant to, sections 55-604 through 55-608.

(d)

Ordinary maintenance and repairs. For the purposes of this section 55-608.1, the term "ordinary maintenance and repairs" means improvements necessary to replace deteriorated elements of existing structures or of a site when made without substantially changing the size, shape, configuration or style of the structure or site.

(e)

Changes involving development agreements. Any existing or proposed structure or site covered by an existing development agreement shall be covered by site development or building design guidelines established by that agreement. If the development agreement covering the structure does not include building design guidelines, then the standards and guidelines contained in, or adopted pursuant to, sections 55-604 through 55-608 and which govern building design shall apply. Any modifications to any such structures or sites that require a major amendment shall be subject to the standards and guidelines contained in, or adopted pursuant to, sections 55-604 through 55-608, to the extent that the sections are applicable to the amendment.

(Ord. No. 37810, § 5, 8-14-07; Ord. No. 43098, § 1, 9-13-22)

(a)

The ACI areas of civic importance overlay district is intended to implement the urban design element of the city's comprehensive plan by creating four overlay district types for those parts of the city which, is because of their characteristics, uses, design or period of development, are also of primary importance in shaping the city's physical image (to be known as the "ACI-1", "ACI-2", "ACI-3", and "ACI-4" districts):

(1)

ACI-1 district (downtown-like).

•

Buildings and building entrances relate directly to the street;

•

Parallel or diagonal on-street parking or the potential for on-street parking;

•

Pedestrian-oriented to a large degree;

•

Strong uniform building line;

•

Very little or no off-street parking between the building and the street;

•

Vehicular access to site is allowed directly from arterial street; and

•

Width of pavement of the arterial is relatively narrow; pedestrian can cross without much difficulty; buildings relate to one another across the arterial.

(2)

ACI-2 district (urban).

•

Buildings and building entrances relate directly to the street;

•

Some parallel or diagonal on-street parking; potential exists for on-street parking;

•

Historically pedestrian-oriented, street car era areas;

•

Relatively strong uniform building line;

•

Generally no off-street parking between the building and the street;

•

Vehicular access to site is allowed directly from arterial street; and

•

Width of pavement of the arterial is similar to ACI-1, but there is less on-street parking and the through traffic is faster moving making it more difficult for pedestrian to cross the arterial than in ACI-1; some relationship between buildings across the arterial, but not as strong as in ACI-1.

(3)

ACI-3 district (mix of urban and suburban).

•

Buildings and building entrances relate to parking lots;

•

No on-street parking;

•

More auto-oriented than pedestrian-oriented;

•

Irregular building line;

•

Buildings set back from property line;

•

Off-street parking between the building and the street; Vehicular access to site is allowed directly from arterial street; and

•

Width of pavement of the arterial varies considerably in ACI-3 type areas; pedestrians can cross arterial without too much difficulty in some ACI-3 areas, while it might be quite difficult in those areas with very wide pavement widths; generally buildings do not relate to one another across the arterial.

(4)

ACI-4 (suburban).

•

Buildings and building entrances relate to interior streets and parking lots, not to be arterial street;

•

No vehicular or pedestrian access to buildings from the arterial street;

•

No direct access to buildings and off-street parking from the arterial street; vehicular access to building sites and parking is from internal main streets, internal streets, or internal access drives;

•

Predominately auto-oriented; pedestrian consideration is limited to when a sidewalk is located adjacent to the arterial;

•

Irregular building line;

•

Width of pavement of the arterial is very wide; very difficult for pedestrians to cross arterial; buildings do not relate to one another across the arterial.

Where appropriate, the ACI-1, ACI-2, ACI-3, and ACI-4 districts are referred to collectively as the "ACI Districts". The objective of the ACI districts is to preserve and promote the development of these areas of civic importance in ways that enhance the physical image of the city. When the ACI districts are created through the process outlined in this section, they shall be delineated as generally described and mapped in the urban design element of the comprehensive plan of the city. The boundaries of the ACI districts shall be established or amended using the procedure applicable to amendments to the boundaries of zoning districts.

(b)

ACI district baseline location(s).

(1)

Definitions:

a.

ACI primary street: The street corridor upon which abutting properties are designated to be within an ACI.

b.

ACI side street: Those streets which intersect the ACI primary streets and are not identified as a primary street.

(2)

The baseline for ACI primary street frontage shall be defined by one of the following designators, shown in parentheses, which shall be integral to the zoning nomenclature. Adjustments to the baseline shall meet the requirements set forth in section 55-610(c).

a.

Numeric value (XX). A numeric value added to the ACI designation shall be the dimension in feet from the centerline of the street to the baseline.

b.

Dominant historical street wall (H). The baseline shall coincide with the dominant historical street wall as determined by the planning director.

c.

Property line (PL). The baseline shall coincide with the property line.

d.

Set back line (SB). The baseline shall be the base zoning setback line.

Example nomenclature:

(3)

The baseline for ACI side street frontage at corner lots shall be one of the following and shall extend the full depth of the lot:

a.

For arterial streets. The baseline for side street frontage at an arterial street intersection shall be the greater of 50 feet from the centerline of the street, or the property line; provided that at minimum it shall be located so as to provide for the minimum sidewalk conditions in section 55-924. Adjustments to the baseline shall meet the requirements set forth in section 55-610(c).

b.

For collector and local streets. The baseline for side street frontage at a collector or residential street shall be the greater of 38 feet from the centerline of the street, or the property line; provided that it shall be located so as to provide for the minimum sidewalk conditions in section 55-924 and on street parallel parking as required. A 50-foot baseline may also be utilized in situations where diagonal on-street parking is desirable and appropriate. Adjustments to the baseline shall meet the requirements set forth in section 55-610(c).

(c)

Adjustments to the baseline.

(1)

The baseline location and/or its geometry may be adjusted to accommodate one or more of the following conditions, provided that at minimum it shall be located so as to provide for the sidewalk conditions required in section 55-924 and shall be approved by the planning director:

a.

To accommodate irregular, non-parallel or unusual street alignment.

b.

To accommodate irregular or unusual property lines.

c.

To accommodate irregular or unusual building placement.

d.

To provide for future street improvements.

e.

To provide for acceleration, deceleration or turn lanes.

f.

To provide for on-street parking.

g.

To provide for a dedicated and permanent public amenity such as public art or a plaza.

(Ord. No. 37810, § 2, 8-14-07; Ord. No. 38082, § 1, 4-22-08; Ord. No. 38143, § 1, 6-27-08)

(a)

ACI district boundaries. The provisions of these sections 55-609 through 55-617 shall apply to any project on a lot or site in an ACI district.

(b)

Conflict of provisions. Where the provisions of these sections 55-609 through 55-617 conflict with the provisions of any other sections of this chapter, the provisions of these sections 55-609 through 55-617 shall control.

(Ord. No. 37810, § 2, 8-14-07)

Use types permitted in the ACI districts are the same as those permitted in the underlying base zoning district(s).

(Ord. No. 37810, § 2, 8-14-07)

Urban design site plan approval pursuant to article XXII (urban design), section 55-937 is required for all projects located in the ACI districts.

(Ord. No. 37810, § 2, 8-14-07)

A project located on a site or lot in the ACI-1 district, ACI-2 district, ACI-3 district or ACI-4 district shall comply with the urban design standards applicable to that district as set forth at the following sections:

(a)

Sidewalk areas. Article XXII (urban design), section 55-924.

(b)

Build-to/set-back lines. Article XXII (urban design), section 55-925(a), (c) and (e).

(c)

Ground-level transparency. Article XXII (urban design), section 55-926.

(d)

Screening of service areas. Article XXII (urban design), section 55-927.

(e)

Green parking areas. Article XXII (urban design), section 55-928.

(f)

Parking structures. Article XXII (urban design), section 55-929.

(g)

Site and building access.

(1)

Shared access. Article XXII (urban design), section 55-930(c)(1).

(2)

Overall. Article XXII (urban design), section 55-930(a), (c)(2) and (c)(3).

(h)

Neighborhood connectivity. Article XXII (urban design), section 55-931.

(i)

Location of utilities. Article XXII (urban design), section 55-932.

(j)

Signs. Article XXII (urban design), section 55-933.

(k)

Retaining walls; landscape berms. Article XXII (urban design), section 55-934.

(Ord. No. 37810, § 2, 8-14-07)

Each project located on a site or lot in an ACI district is subject to the following building design guidelines:

(1)

Building design guidelines. Article XXII (urban design), section 55-935.

(Ord. No. 37810, § 2, 8-14-07; Ord. No. 39358, § 3, 6-19-12)

Proposed changes to existing structures located on sites in the ACI districts shall be subject to the standards and guidelines set forth in sections 55-614 and 55-615 in the following manner:

(a)

Total reconstruction. Any project which involves the total reconstruction of any existing structure on a site, as a result of a decision to redevelop the site shall be subject to the standards and guidelines in sections 55-614 and 55-615. Any project which involves the total reconstruction of any existing structure on a site as a result of a casualty loss shall be subject only to the guidelines in section 55-615.

(b)

Other change involving issuance of a building permit. Any change to a project that does not constitute a total reconstruction as provided in section 55-616(a) shall be subject to each urban design standard and guideline set forth in sections 55-614 and 55-615 to the extent that such change to the project concerns each such urban design standard or guideline.

(c)

Exception. Notwithstanding the provisions of section 55-616(b), above, ordinary maintenance and repairs of an existing structure or site shall not be subject to the standards and guidelines set forth in sections 55-614 and 55-615.

(d)

Ordinary maintenance and repairs. For the purposes of this section 55-616, the term "ordinary maintenance and repairs" means improvements necessary to replace deteriorated elements of existing structures or of a site when made without substantially changing the size, shape, configuration or style of the structure or site.

(e)

Changes involving development agreements. Any existing or proposed structure or site covered by an existing development agreement shall be covered by site development or building design guidelines established by that agreement. If the development agreement covering the structure does not include building design guidelines, then the standards and guidelines set forth in sections 55-614 and 55-615 shall apply. Any modifications to any such structures or sites that require a major amendment shall be subject to those standards and guidelines set forth in sections 55-614 and 55-615 to the extent that the sections are applicable to the amendment.

(Ord. No. 37810, § 2, 8-14-07)

In addition to the provisions regarding signs set forth in this Code, the following standards shall apply to off-premises signs in the ACI district. From and after the date on which any ACI district regulations apply to a specific lot or site, no new permits for off-premises signs on that lot or site shall be granted except as follows:

(a)

Existing conforming signs. Any existing off-premises advertising sign that conformed to the provisions of this Code in effect immediately prior to the applicability of any ACI district shall remain and continue to be deemed conforming, so long as it continues to comply with all provisions of this Code in effect immediately prior to the applicability of any ACI district.

(b)

Replacement of conforming signs. Upon application by the owner of a conforming sign on a lot or site in an ACI district to replace such sign, a permit shall be issued to the applicant for such replacement so long as (a) such replacement sign is either (i) located on the same parcel or (ii) on adjacent parcel, with a special use permit subject to certain conditions set forth in section 55-617(b)(1)—(5) below, and (b) such replacement sign conforms with all provisions of this Code. A special use permit for relocation of a conforming sign shall be issued provided that such relocation will not significantly and adversely affect the following:

(1)

Traffic safety;

(2)

Significant vistas;

(3)

Visibility of surrounding property;

(4)

Other signage on surrounding property; and

(5)

Site access or traffic circulation on a site.

(c)

Non-conforming signs not made conforming. The foregoing provisions of this section 55-617 are not intended and shall not be interpreted or applied so as to make any non-conforming sign conforming.

(Ord. No. 37810, § 2, 8-14-07)

The MD major development overlay district is intended to ensure comprehensive, coordinated developments in strategic areas of the city. The MD district establishes a planning process to guide development in such areas. The MD district is intended for use in combination with office, commercial, industrial, or mixed use base districts, and allows modification of site development regulations adapted to a specific area. The district ensures that areas which demand comprehensive, planned development due to land use, scale, public utility serve and safety considerations are not built up in an unplanned fashion.

(Code 1980, § 55-622)

(a)

Minimum area. Each MD district must include a contiguous area of at least 15 acres, including intervening streets, alleys and private ways.

(b)

Area development plan. The MD district is established by adoption of an area development plan, enacted by the city council as part of the city's comprehensive plan.

(Code 1980, § 55-623)

(a)

Initiation. The creation of the MD major development overlay district may be initiated by the mayor, planning director, planning board or city council.

(b)

Contents. An application for creation of an MD overlay district must include:

(1)

A statement describing the special characteristics and requirements of the proposed district and stating the reasons for its creation.

(2)

A map indicating the boundaries of the proposed MD overlay district, specifying the base district(s) included within these boundaries.

(3)

An area development plan prepared by the planning department, including the following:

a.

A land use element for the area, proposing use types, land use mixes, and extent and location of each land use;

b.

A transportation element, including plans for vehicular, pedestrian and other circulation within the proposed district and access to and from the district;

c.

A utility service element, indicating necessary gas, water, electrical and sewer system improvements;

d.

An urban design element, describing building bulk, siting and landscape design considerations within the district.

(4)

A specific set of modifications to be made to the base district site development regulations.

(Code 1980, § 55-624)

(a)

An area development plan, as prepared by the city planning department, and the MD district application shall be transmitted to the planning board.

(b)

The planning board, after proper notice, shall hold a public hearing and act upon the plan and district application.

(c)

The planning board may recommend amendments to the plan and district application.

(d)

The recommendation of the planning board, together with that of the planning director, shall be transmitted to the city council for final action.

(e)

The city council, after proper notice, shall hold a public hearing and act upon the plan and the MD district ordinance. The area development plan shall be adopted as a portion of the city's comprehensive plan.

(f)

The ordinance adopting the MD district shall include a statement of purpose, a reference to the approved area development plan, and a list of modifications to the base district(s) site development regulations.

(g)

An ordinance adopting an MD district shall require a favorable vote of five members of the city council for approval if the planning board recommends denial of the ordinance. The city council may amend such ordinances, provided at least five councilmembers vote to do so.

(h)

Each MD district shall be shown on the zoning map, identified sequentially by order of enactment and referenced to the enacting ordinance.

(i)

Any protest against an MD major development overlay district shall be made and filed as provided by R.R.S. 1943, § 14-405, and amendments thereto.

(Code 1980, § 55-625)

Site plan approval, pursuant to section 55-882, is required for all projects located in the MD district. Building or other permits issued by the permits and inspections division in an MD district shall be consistent with the adopted MD district ordinance and the approved area development plan.

(Code 1980, § 55-626)

The CP civic place overlay district is intended to implement the urban design element of the city's comprehensive plan by defining a civic place within an ACI district that has such a major role in forming the image of the city that it requires public improvements, zoning and place-specific requirements to guide future development in that area.

(Ord. No. 37810, § 3, 8-14-07)

(a)

CP district. The provisions of these sections 55-627 through 55-636 shall apply to any project in an approved CP district upon application for a building permit.

(b)

Conflict of provisions. Where the provisions of these sections 55-627 through 55-636 conflict with the provisions of any other sections of this chapter, the provisions of these sections 55-627 through 55-636 shall control.

(Ord. No. 37810, § 3, 8-14-07)

Use types permitted in a CP district shall be the same as those permitted in the underlying base zoning district(s).

(Ord. No. 37810, § 3, 8-14-07)

The creation of a new CP district shall comply with the following requirements:

(a)

Minimum area. Each CP district shall include a contiguous area of at least ten acres, including intervening streets, alleys and private ways.

(b)

CP zoning plan and public improvements plan. Each CP district shall be accompanied by a CP zoning plan and a public improvements plan.

(c)

Procedure for creation and adoption of a CP district. The procedure for creation and adoption of a CP district shall comply with the provisions in section 55-636.

(Ord. No. 37810, § 3, 8-14-07)

All projects in a CP district shall be subject to urban design site plan approval pursuant to article XXII (urban design), section 55-937.

(Ord. No. 37810, § 3, 8-14-07)

The site and building design standards and guidelines applicable to all projects in the ACI districts under section 55-614 and 55-615 shall apply to all projects in an adopted CP district, except for the following:

(a)

Build-to/set-back lines. At least 70 percent of any building facade facing a build-to/set-back line shown on the CP zoning plan accompanying an approved CP district shall be located along that build-to/set-back line.

(b)

Site and building access. Curb cuts for parking and service areas and access drives, and physical entrance/exit points for structures shall be permitted only in those places specifically mapped in the accompanying CP zoning plan for an adopted CP district.

(Ord. No. 37810, § 3, 8-14-07)

An adopted CP zoning plan shall incorporate supplemental urban design standards and guidelines for the following:

(a)

Tower locations; minimum and maximum facade heights. Locations for appropriate tall buildings, as well as minimum and maximum facade heights, may be set for certain lots or sites as shown on the CP zoning plan accompanying an approved CP district.

(b)

Important buildings. Buildings of particular importance may be identified and specific restrictions applied to enhance the relationship of new structures to such buildings as shown on the CP zoning plan accompanying an approved CP district.

(c)

Building design and architectural guidelines. All building facades visible from a public street may be subject to building design and architectural guidelines set forth in the CP zoning plan accompanying an approved CP district. Highly visible building elevations, or portions thereof, may be subject to specific architectural guidelines in the CP zoning plan.

(d)

Significant vistas. Standards protecting specific significant vistas may be established as shown on the CP zoning plan accompanying an approved CP district.

(e)

Public spaces. New public spaces, including squares, parks and other open areas, may be mapped and the relationship of structures thereto may be determined as shown on the CP zoning plan accompanying an approved CP district.

(Ord. No. 37810, § 3, 8-14-07)

Building or other permits issued by the permits and inspections division for development in a CP district shall be consistent with the provisions of the adopted CP district and the approved CP zoning plan.

(Ord. No. 37810, § 3, 8-14-07)

(a)

Initiation. The creation of a CP district may be initiated by the mayor, planning director, planning board, city council or a majority of property owners within the proposed CP district.

(b)

Contents. An application for creation of a CP district shall include:

(1)

A statement describing the special characteristics and requirements of the proposed district.

(2)

A map indicating the boundaries of the proposed CP district, specifying the base district(s) included within these boundaries.

(3)

Materials prepared by the planning department described in section 55-636(c).

(c)

Planning department application materials. The planning department's application materials shall include the following:

(1)

A detailed district map, including:

a.

District boundaries.

b.

Contour lines at no greater than five-foot intervals.

c.

A street and property map showing existing buildings in addition to existing property lines.

d.

A map of the underlying zoning districts related to specific parcels.

e.

Utility service to the district and easements through the site.

f.

Description of other district features, including drainage, soils or other considerations that may affect the further development of the district.

(2)

A proposed CP zoning plan addressing the following urban design and building design elements:

a.

Sidewalk areas, as discussed in article XXII (urban design), section 55-924;

b.

Ground-level transparency, as discussed in article XXII (urban design), section 55-926;

c.

Screening of service areas, as discussed in article XXII (urban design), section 55-927;

d.

Green parking areas, as discussed in article XXII (urban design), section 55-928;

e.

Parking structures, as discussed in article XXII (urban design), section 55-929;

f.

Neighborhood connectivity, as discussed in article XXII (urban design), section 55-931;

g.

Location of utilities, as discussed in article XXII (urban design), section 55-932;

h.

Signs, as discussed in article XXII (urban design), section 55-933;

i.

Retaining walls and landscape berms, as discussed in article XXII (urban design), section 55-934;

j.

Location and design of existing and proposed public spaces;

k.

Existing and proposed streets with dimensions of roadway and sidewalk areas;

l.

Identification of important existing buildings that are likely to remain throughout any further development;

m.

Height controls for buildings;

n.

Building placement controls including build-to/set-back lines and other requirements;

o.

Location of permitted curb cuts for parking and service access;

p.

Identification of significant vistas and provisions for design controls for set-backs to preserve these vistas;

q.

Elevation controls, including requirements for special attention to the design of buildings that terminate vistas; and

r.

Sign allocation and placement.

(3)

A public improvements plan which includes the description and schedule for any street improvements and public park or open space planned for the district.

(d)

Procedural steps. The following procedural steps are required to establish a CP district.

(1)

The CP district application accompanied by the CP zoning plan and a public improvements plan shall be transmitted to the planning board.

(2)

The planning board, after proper notice pursuant to section 55-891, shall hold a public hearing and act upon district application and plans.

(3)

The planning board may recommend amendments to the district application and plans.

(4)

The recommendation of the planning board, together with that of the planning director, shall be transmitted to the city council for final action.

(5)

The city council, after proper notice pursuant to section 55-891, shall hold a public hearing and act upon the plans and the CP district ordinance.

(6)

An ordinance adopting a CP district shall require a favorable vote of five members of the city council for approval if the planning board recommends denial of the ordinance. The city council may amend such ordinance, provided at least five councilmembers vote to do so.

(e)

Designation. Each CP district shall be shown on the zoning map, identified sequentially by order of enactment with reference to the enacting ordinance.

(f)

Protest. Any protest against a CP district shall be made and filed as provided by R.R.S. 1943, § 14-405, and amendments thereto.

(Ord. No. 37810, § 3, 8-14-07)

Proposed changes to existing structures located on sites in the CP district shall be subject to the standards and guidelines contained in, or adopted pursuant to, sections 55-631 through 55-636 in the following manner:

(a)

Total reconstruction. Any project which involves the total reconstruction of any existing structure on a site, as a result of a decision to redevelop the site, shall be subject to the standards and guidelines contained in, or adopted pursuant to, sections 55-631 through 55-636. Any project which involves the total reconstruction of any existing structure on a site as a result of a casualty loss shall be subject only to the said standards and guidelines which govern building design.

(b)

Other change involving issuance of a building permit. Any change to a project that does not constitute a total reconstruction as provided in section 55-637(a) shall be subject to each standard and guideline contained in, or adopted pursuant to, sections 55-631 through 55-636, to the extent that such change to the project concerns each such standard or guideline.

(c)

Exception. Notwithstanding the provisions of section 55-637(b), above, ordinary maintenance and repairs of an existing structure or site shall not be subject to the standards and guidelines contained in, or adopted pursuant to, sections 55-631 through 55-636.

(d)

Ordinary maintenance and repairs. For the purposes of this section 55-637, the term "ordinary maintenance and repairs" means improvements necessary to replace deteriorated elements of existing structures or of a site when made without substantially changing the size, shape, configuration or style of the structure or site.

(e)

Changes involving development agreements. Any existing or proposed structure or site covered by an existing development agreement shall be covered by site development or building design guidelines established by that agreement. If the development agreement covering the structure does not include building design guidelines, then the standards and guidelines contained in, or adopted pursuant to, sections 55-631 through 55-636 and which govern building design shall apply. Any modifications to any such structures or sites that require a major amendment shall be subject to the standards and guidelines contained in, or adopted pursuant to, sections 55-631 through 55-636, to the extent that the sections are applicable to the amendment.

(Ord. No. 37810, § 3, 8-14-07)

The ED environmental resources overlay district enables the adoption of special performance standards in combination with site development regulations of a given base district for areas of special natural environmental significance or sensitivity. These areas include hill environments; native prairies; areas with unique soil or drainage conditions; lake, river or creek districts; forests; or other areas with unique environmental characteristics.

(Code 1980, § 55-642)

(a)

Initiation. The creation of an ED environmental resources overlay district may be initiated by the mayor, the planning board or the city council.

(b)

Contents. An application for the creation of an ED overlay district must include:

(1)

A statement describing the proposed district's special environmental characteristics and stating the reasons for proposal of the district.

(2)

A map indicating the boundaries of the proposed ED overlay district, specifying the base district(s) included within these boundaries.

(3)

Supplemental site development regulations and performance standards that apply to the proposed district.

(Code 1980, § 55-643)

(a)

The planning director shall transmit his/her recommendation establishing an ED environmental resources overlay district to the planning board.

(b)

The planning board, after proper notice, shall hold a public hearing and act upon the district application.

(c)

The planning board may recommend amendments to district applications.

(d)

The recommendation of the planning board, together with that of the planning director, shall be transmitted to the city council for final action.

(e)

The city council, after proper notice, shall hold a public hearing and act upon any ordinance establishing an ED environmental resources overlay district.

(f)

The ordinance adopting the ED district shall include a statement of purpose, a description of district boundaries, and a list of supplemental site development regulations and performance standards.

(g)

An ordinance adopting an ED district shall require a favorable vote of five members of the city council for approval if the planning board recommends denial of the ordinance. The city council may amend such ordinances, provided at least five councilmembers vote to do so.

(h)

Each ED district shall be shown on the zoning map, identified sequentially by order of enactment and referenced to the enacting ordinance.

(i)

Any protest against an ED environmental resources district shall be made and filed as provided by R.R.S. 1943, § 14-405, and amendments thereto.

(Code 1980, § 55-644)

Building or other development permits issued by the permits and inspections division in an ED district shall be consistent with the adopted ED district ordinance.

(Code 1980, § 55-645)

(Ord. No. 38724, § 1, 5-11-10; Ord. No. 43360, § 1, 4-4-23; Ord. No. 44191, § 1, 3-11-25

(a)

Statutory authorization. The Legislature of the State of Nebraska has delegated the responsibility to local governmental units to adopt zoning regulations designed to protect the health, safety, and general welfare. The Legislature, in Neb. Rev. Stat. Sections 31-1001 to 31-1022, has further assigned the responsibility to adopt, administer, and enforce floodplain management regulations to the county, city, or village with zoning jurisdiction over the flood-prone area. Therefore, the city adopts the ordinance from which this section derives.

(b)

Findings of fact.

(1)

Flood losses resulting from periodic inundation. The flood hazard areas of this community are subject to inundation, which results in loss of life and property, health and safety hazards, disruption of commerce and governmental services, extraordinary public expenditures for floor protection and relief, and impairment of the tax base, all of which adversely affect the public health, safety, and general welfare.

(2)

General causes of the flood losses. These flood losses are caused by: (1) the cumulative effect of obstructions in floodplains causing increases in flood heights and velocities, and (2) the occupancy of flood hazard areas by uses vulnerable to floods or hazardous to others, which are inadequately elevated or otherwise unprotected from flood damages.

(3)

Methods used to analyze flood hazards. This section uses a reasonable method of analyzing flood hazards, which consists of a series of interrelated steps.

a.

Selection of a regulatory flood, which is based upon engineering calculations, which permit a consideration of such flood factors as its expected frequency of occurrence, the area inundated, and the depth of inundation. The base flood is selected for this section. It is representative of large floods, which are reasonably characteristic of what can be expected to occur on the particular streams subject to this section. It is in the general order of a flood, which could be expected to have a one percent chance of occurrence in any one year, as delineated on the Federal Insurance Administration's Flood Insurance Study, Volumes 31055CV001E, 31055CV002E, 31055CV003E, and 31055CV004E, dated March 25, 2025, and on accompanying Flood Insurance Rate Map (FIRM) panels as established in Section 55-653 Table 1 - FIRM Panels.

b.

Calculation of water surface profiles based on a hydraulic engineering analysis of the capacity of the stream channel and overbank areas to convey the base flood.

c.

Computation of the floodway required to convey this flood without increasing flood heights more than one foot at any point.

d.

Delineation of floodway encroachment lines within which no obstruction is permitted which would cause any water surface increase along the floodway profile.

e.

Delineation of flood fringe, i.e., that area outside the floodway encroachment lines, but which still is subject to inundation by the base flood.

(c)

Statement of purpose. It is the purpose of this section to promote the public health, safety, and general welfare and to minimize those losses described in subsection 55-652(b)(1) by applying the provisions of this section to:

(1)

Restrict or prohibit uses which are dangerous to health, safety, or property in times of flooding or cause undue increases in flood heights or velocities;

(2)

Require that uses vulnerable to floods, including public facilities, which serve such uses, be provided with flood protection at the time of initial construction;

(3)

Protect individuals from buying lands, which are unsuited for intended purposes because of flood hazard; and

(4)

Assure that eligibility is maintained for property owners in the community to purchase flood insurance in the National Flood Insurance Program.

(Ord. No. 37322, § 2, 3-21-06; Ord. No. 38724, § 2, 5-11-10; Ord. No. 38968, § 1, 3-22-11; Ord. No. 39946, § 1, 3-18-14; Ord. No. 43360, § 1, 4-4-23; Ord. No. 44191, § 1, 3-11-25)

(a)

Lands to which section applies. This section shall apply to all lands within the zoning jurisdiction of the City of Omaha that are subject to a one percent or greater chance of flooding in any given year, now or in the future, as identified as numbered and unnumbered A zones (including AE, AO and AH zones) and the future base flood area of zone X on the FIRM, dated December 2, 2005; May 19, 2014; and March 25, 2025; or best available data as determined by more recent hydrologic and hydraulic studies completed or approved by the City of Omaha, provided that the best available data is not less restrictive than that utilized on the flood insurance rate map (FIRM)(see Table 1 - FIRM Panels). Requirements established in section 55-656 shall apply to the zoning districts FW and FF based on the most restrictive information available.

(b)

The enforcement officer. The floodplain management coordinator of the city is hereby designated as the city's duly designated enforcement officer under this section.

(c)

Rules for interpretation of district boundaries. The boundaries of the floodway and flood fringe overlay districts shall be determined by scaling distances on the official zoning map, the flood insurance rate map or on the digital flood insurance rate map. Where interpretation is needed to determine the exact location of the boundaries of the districts as shown on the official zoning map, as for example where there appears to be a conflict between a mapped boundary and actual field conditions, the floodplain management coordinator shall make the necessary interpretation. In such cases where the interpretation is contested, the zoning board of appeals will resolve the dispute, upon the filing of an appeal to that board. The regulatory flood elevation for the point in question shall be the governing factor in locating the flood fringe overlay district boundary on the land. The location of the floodway overlay district boundary may be based on a map completed or approved by the City of Omaha, provided the boundary is not less restrictive than that shown on the flood insurance rate map (FIRM). The person contesting the location of the district boundary shall be given a reasonable opportunity to present their case to the zoning board of appeals and to submit their own technical evidence, if they so desire.

(d)

Compliance. Within identified special flood hazard areas of this community, no development shall be located, extended, converted, or structurally altered without full compliance with the terms of this section and other applicable regulations.

(e)

Abrogation and greater restrictions. It is not intended by this section to repeal, abrogate, or impair any existent easements, covenants, or deed restrictions. However, where this section imposes greater restrictions, the provision of this section shall prevail. All other ordinances inconsistent with this section are hereby repealed to the extent of the inconsistency only.

(f)

Interpretation. In their interpretation and application, the provisions of this section shall be held to be minimum requirements and shall be liberally construed in favor of the city and shall not be deemed a limitation or repeal of any other powers granted by state statutes.

(g)

Nonconforming uses/structures value of reconstruction. For purposes of reconstruction of nonconforming uses and/or structures, construction values resulting from incurred damages of any origin shall include all costs for reconstruction, rehabilitation, or other improvement of the structure to repair damages sustained during the most recent damaging event.

(h)

Warning and disclaimer of liability. The degree of flood protection required by this section is considered reasonable for regulatory purposes and is based on engineering and scientific methods of study. Larger floods may occur on rare occasions or the flood height may be increased by manmade or natural causes, such as ice jams and bridge openings restricted by debris. This section does not imply that areas outside floodway and flood fringe district boundaries or land uses permitted within such districts will be free from flooding or flood damage. This section shall not create liability on the part of the city or any officer or employee thereof for any flood damages that may result from reliance on this section or any administrative decision lawfully made thereunder.

(i)

Severability. If any section, clause, provision, or portion of the section from which section derives is adjudged unconstitutional or invalid by a court of competent jurisdiction, the remainder of the ordinance shall not be affected thereby.

(j)

Appeal. Where a request for a permit to develop is denied by the floodplain management coordinator, the applicant may appeal the denial of such permit to the zoning board of appeals.

Table 1 - FIRM Panels

(Ord. No. 37322, § 2, 3-21-06; Ord. No. 38724, § 3, 5-11-10; Ord. No. 39946, § 1, 3-18-14; Ord. No. 43360, § 1, 4-4-23; Ord. No. 44191, § 1, 3-11-25)

Unless specifically defined below, words or phrases used in this section shall be interpreted so as to give them the meaning they have in common usage and to give this section its most reasonable application:

Appeal means a request for a review of the floodplain management coordinator of the planning department's interpretation of any provision of this section, or a request for a variance.

Area of shallow flooding means a designated AO or AH zone on this community's flood insurance rate map (FIRM) with a one percent or greater annual chance of flooding to an average depth of one to three feet where a clearly defined channel is unpredictable and where velocity flow may be evident. Such flooding is characterized by ponding or sheet flow.

Base flood means the flood having a one percent chance of being equaled or exceeded in any given year.

Base flood elevation means the elevation to which floodwaters are expected to rise during the base flood.

Basement means any area of the building having its floor subgrade (below ground level) on all sides.

Best available data means any hydrologic and hydraulic studies which result in a base flood elevation, now or in the future, that is higher than that shown on the FIRM or FIS. Such study must be completed or approved by the City of Omaha.

Community means the City of Omaha and the areas within its zoning jurisdiction.

Development means any manmade change to improved or unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations, or storage of equipment or materials.

Existing construction means (for the purposes of determine rates) structures for which the "start of construction" commenced before the effective date of the FIRM or before January 1, 1975, for FIRMs effective before that date. "Existing construction" may also be referred to as "existing structures."

Existing manufactured home park or subdivision means a manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including, at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is complete before the effective date of the floodplain management regulations adopted by a community.

Expansion to an existing manufactured home park or subdivision means the preparation of additional sites by the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads).

Fill means a deposit of materials of any kind placed by artificial means.

Flood or flooding means a general and temporary condition of partial or complete inundation of normally dry land areas from:

(1)

The overflow of inland or tidal waters.

(2)

The usual and rapid accumulation of runoff of surface waters from any source.

Flood fringe is that area of the floodplain, outside of the floodway, that on the average is likely to be flooded once every 100 years (i.e., that has a one percent chance of flood occurrence in any one year).

Flood insurance rate map (FIRM) means an official map of the community, on which the flood insurance study has delineated the flood hazard boundaries and the zones establishing insurance rates applicable to the community.

Flood insurance study (FIS) is the official report provided by the Federal Emergency Management Agency. The report contains flood profiles, as well as the flood boundary floodway map and the water surface elevation of the base flood.

Floodplain means any land area susceptible to being inundated by water from any source (see definition of "flooding").

Floodproofing means any combination of structural and nonstructural additions, changes, or adjustments to structures that reduce or eliminate flood damage to real estate or improved real property, water and sanitary facilities, and structures and their contents.

Floodway or regulatory floodway means the channel of a river or other water course and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one foot.

Freeboard means a factor of safety usually expressed in feet above a flood level for purposes of floodplain management. "Freeboard" tends to compensate for the many unknown factors that could contribute to flood heights greater than the height calculated for a selected size flood and floodway conditions, such as wave action, clogged bridge openings, and the hydrological effect of urbanization of the watershed.

Highest adjacent grade means the highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure.

Historic structure means any structure that is: (a) listed individually in the National Register of Historic Places (a listing maintained by the Department of Interior) or preliminary determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register; (b) certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the secretary to qualify as a registered historic district; (c) individually listed on a state inventory of historic places in states with historic preservation programs which have been approved by the Secretary of the Interior; or (d) individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified either: (1) by an approved state program as determined by the Secretary of the Interior; or (2) directly by the Secretary of Interior in states without approved programs.

Human habitation means any room or enclosed floor space, constructed or built which may wholly or partially be used or intended to be used for living, sleeping or cooking; specifically excludes camping tents which may be readily and easily removed.

Lowest floor means the lowest floor of the lowest enclosed area (including basement). An unfinished or flood-resistant enclosure, usable solely for parking of vehicles, building access or storage, in an area other than a basement area, is not considered a building's lowest floor, provided that such enclosure is not built so as to render the structure in violation of the applicable non-elevation design requirements of this section.

Manufactured home means a structure, transportable in one or more sections, which is built on a permanent chassis and is designed for use with or without permanent foundation when attached to the required utilities. The term "manufactured home" does not include a "recreational vehicle."

Manufactured home park or subdivision means a parcel (or contiguous parcels) of land divided into two or more manufactured home lots for rent or sale.

New construction. For floodplain management purposes, "new construction" means structures for which the "start of construction" commenced on or after the effective date of the floodplain management regulation adopted by the community and includes any subsequent improvements to such structures.

New manufactured home park or subdivision means a manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed on or after the effective date of the floodplain management regulations adopted by the community.

Overlay district is a district in which additional requirements act in conjunction with the underlying zoning district(s). The original base zoning district designation does not change.

"Post-FIRMStructure" means a building that was constructed or substantially improved after December 31, 1974 or on or after the community's initial Flood Insurance Rate Map dated October 7, 1980, whichever is later.

"Pre-FIRMStructure" means a building that was constructed or substantially improved on or before December 31, 1974 or before the community's initial Flood Insurance Rate Map dated October 7, 1980, whichever is later.

Principally above ground means that at least 51 percent of the actual cash value of the structure is above ground.

Recreational vehicle means a vehicle which is (i) built on a single chassis; (ii) 400 square feet or less when measured at the largest horizontal projections; (iii) designed to be self-propelled or permanently towable by a light duty truck; and (iv) designed primarily not for use as a permanent dwelling, but as temporary living quarters for recreational, camping, travel or seasonal use.

"Routine maintenance of existing buildings and facilities" means maintenance necessary to keep a structure in a safe and habitable condition and does not impact flows or increase surface water elevations; provided it is not: 1) associated with any general improvement of the structure, 2) associated with repair of any damage sustained to any element of the structure or beyond normal wear and tear or 3) performed in conjunction with another routine maintenance activity. Routine maintenance includes:

(1)

Normal maintenance of structures such as re-roofing, replacing roofing tiles, and replacing siding;

(2)

Exterior and interior painting, papering, tiling, carpeting, cabinets, countertops, and similar finish work;

(3)

Basement sealing;

(4)

Repairing or replacing damaged or broken windows and doors;

(5)

Repairing plumbing systems, electrical systems, heating or air conditioning systems, and repairing wells or septic systems.

Special flood hazard area is the land in the floodplain within a community subject to one percent or greater chance of flooding in any given year.

Start of construction includes substantial improvement, and means the date the building permit was issued, provided the actual start of construction, repair, reconstruction, rehabilitation, addition, placement, or other improvement was within 180 days of the permit date. The actual start means the first placement of permanent construction of a structure on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation; or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading and filling; nor does it include the installation of streets and/or walkways; nor does it include excavation for a basement, footings, piers, or foundations or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. For a substantial improvement, the actual start of construction means the first alteration of any wall, ceiling, floor, or other structural part of a building, whether or not the alteration affects the external dimensions of the building.

Structure means a walled and roofed building that is principally above ground, as well as a manufactured home, and a gas or liquid storage tank that is principally above ground as well as a manufactured home.

Substantial damage means damage of any origin sustained by a structure whereby the cost of restoring the structure to its before-damage condition would equal or exceed 50 percent of the market value of the structure before the damage occurred. This shall include all costs for reconstruction, rehabilitation, or other improvement of the structure to repair damages sustained during the most recent damaging event.

Substantial improvement means any reconstruction, rehabilitation, addition, or other improvement of a structure, the cost of which equals or exceeds 50 percent of the market value of the structure before "start of construction" of the improvement. This includes structures, which have incurred "substantial damage," regardless of the actual repair work performed. The term does not, however, include either (1) any project for improvement of a structure to correct existing violations of state or local health, sanitary or safety code specifications which have been identified by the local code enforcement official and which are the minimum necessary to assure safe living conditions, or (2) any alteration of a "historic structure" provided that the alteration will not preclude the structure's continued designation as a "historic structure."

Variance is a grant of relief to a person from the requirements of this section, which permits construction in a manner otherwise prohibited by this section where specific enforcement would result in practical difficulty or unnecessary hardship, as defined by state law.

Violation means a failure of a structure or other development to be fully compliant with the community's floodplain management regulations.

(Ord. No. 37322, § 2, 3-21-06; Ord. No. 38724, § 4, 5-11-10; Ord. No. 39946, § 1, 3-18-14; Ord. No. 43360, § 1, 4-4-23; Ord. No. 44191, § 1, 3-11-25)

(a)

Permit required. No person, firm or corporation shall initiate any floodplain development or substantial improvement or cause the same to be done without first obtaining a separate permit for development as defined in section 55-654.

(b)

Administration.

(1)

The floodplain management coordinator is hereby appointed to administer and implement the provisions of this section.

(2)

Duties of the floodplain management coordinator shall include, but not be limited to the following:

a.

Review all development permit applications to assure that sites are reasonably safe from flooding and that the permit requirements of this section have been satisfied.

b.

Review applications for proposed development to assure that all necessary permits have been obtained from those federal, state, or local governmental agencies from which prior approval is required.

c.

Review all subdivision proposals and other proposed new development, including manufactured home parks or subdivisions, to determine whether such proposals will be reasonably safe from flooding.

d.

Notify adjacent communities, the U.S. Army Corps of Engineers, and the Nebraska Department of Natural Resources prior to any alteration or relocation of a watercourse, and submit evidence of such notification to the Federal Emergency Management Agency.

e.

Assure that maintenance is provided within the altered or relocated portion of said watercourse so that the flood carrying capacity is not diminished.

f.

Verify, record and maintain record of the actual elevation (in relation to mean sea level) of the lowest floor (including basement) of all new or substantially improved structures in special flood hazard areas.

g.

Verify, record and maintain record of the actual elevation (in relation to mean sea level) to which new or substantially improved structures have been floodproofed. Floodproofing certification shall be provided by a registered professional engineer or architect.

h.

Verify, record, and maintain record of all substantially damaged or substantially improved structures to ensure compliance with standards in applicable sections. Track the value of damages and market value with permits. Ensure consistent market value estimations are used to evaluate against damaged or improved values.

i.

Facilitate the approval of new flood insurance rate maps or best available data as necessary.

j.

Maintain records of all floodplain development permits and or building permits within the floodway or flood fringe district to ensure that structures are not substantial improvements.

(c)

Application for permit. To obtain a floodplain development permit, the applicant shall first file an application in writing on a form furnished for the purpose. Every such application shall:

(1)

Identify and describe the proposed development and estimated cost to be covered by the floodplain development permit;

(2)

Describe the land on which the proposed development is to be done by lot, block, tract and house and street address, or similar description that will readily identify and definitely locate the proposed building or development;

(3)

Indicate the use or occupancy for which the proposed development is intended;

(4)

Be accompanied by plans and specifications for proposed construction, including, but not limited to, the following information: 1) existing (natural) grades, 2) proposed grades as a result of proposed development, 3) the proposed lowest floor elevation and any higher floor elevations, including attached garage, of any proposed structures, 4) the lowest and highest adjacent grades next to any proposed structures, 5) the most restrictive base flood elevation nearest the proposed development;

(5)

Be signed by the permittee or his authorized agent who may be required to submit evidence to indicate such authority; and

(6)

Give such other information as reasonably may be required by the floodplain management coordinator of the planning department.

(d)

For all new and substantially improved structures, an elevation certificate certifying the elevation of the lowest floor, including basement, and other relevant building components shall be provided to the floodplain administrator and be completed by a licensed surveyor, engineer, or architect.

(e)

When floodproofing is utilized for an applicable structure, a floodproofing certificate shall be provided to the floodplain administrator and be completed by a licensed professional engineer or architect. This may be covered by section 55-655(b)(2)(g) above.

(f)

For all development proposed in the floodway, no-rise certification shall be provided to the floodplain administrator and be completed by a licensed professional engineer.

(g)

Any other such information as reasonably may be required by the floodplain administrator shall be provided.

(Ord. No. 37322, § 2, 3-21-06; Ord. No. 38724, § 5, 5-11-10; Ord. No. 39946, § 1, 3-18-14; Ord. No. 43360, § 1, 4-4-23; Ord. No. 44191, § 1, 3-11-25)

Along watercourses where a floodway has been established, the mapped floodplain areas are hereby divided into the two following districts: A floodway overlay district (FW) and a flood fringe overlay district (FF) as identified in the flood insurance study, FIRM, or best available data. The zoning districts created by this section overlay other zoning districts and place additional restrictions upon the manner in which lands in such underlying district may be used. Within these districts, all uses not meeting the standards of this section and those standards of the underlying zoning district shall be prohibited.

(Ord. No. 37322, § 2, 3-21-06; Ord. No. 38724, § 6, 5-11-10; Ord. No. 39946, § 1, 3-18-14; Ord. No. 43360, § 1, 4-4-23; Ord. No. 44191, § 1, 3-11-25)

(a)

The provisions of this section do not require any changes or improvements to be made to lawfully existing structures. However, when an improvement is made to a structure in the floodplain, a floodplain development permit is required, and the following provisions apply:

(1)

Any addition, alteration, reconstruction, or improvement of any kind to an existing structure where the costs of which would equal or exceed 50 percent of the pre-improvement market value shall constitute a substantial improvement and shall fully comply with the provisions of this section.

(2)

Any addition, alteration, reconstruction, or improvement of any kind to an existing structure in the floodway shall comply with the provisions of section 55-659.

(3)

Any addition, alteration, reconstruction, or improvement of any kind to an existing structure that will change the compliance requirements of the building shall require applicable documentation including an elevation certificate, floodproofing certificate, or no rise certification.

(b)

No permit for development shall be granted for new construction, substantially damaged, or substantially improved structures and other development(s), including the placement of manufactured homes, within all numbered and unnumbered A zones (including AE, AO and AH zones) and the future base flood area of zone X unless the conditions of this section are satisfied.

(c)

All areas identified as unnumbered A zones on the FIRM or best available data are subject to inundation of the base flood; however, the water surface elevation was not provided. The unnumbered A zones shall be subject to all development provisions of section 55-658. If flood insurance study data is not available, the community shall utilize any base flood elevation or floodway data currently available from federal, state or other sources.

(d)

Until a floodway has been designated, no development, repair of substantially damaged structures, or substantial improvement may be permitted within special flood hazard areas unless the applicant has demonstrated that the proposed development, repairs, or substantial improvement, when combined with all other existing and reasonably anticipated developments, repairs, or substantial improvements, will not increase the water surface elevation of the base flood more than one foot at any location as shown on the FIRM or best available data.

(e)

New construction, subdivision proposals, substantial improvements, prefabricated buildings, placement of manufactured homes and other developments shall require:

(1)

Design or anchorage to prevent flotation, collapse or lateral movements of the structure resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy;

(2)

That new or replacement water supply systems and/or sanitary sewage systems be designed to minimize or eliminate infiltration of flood waters into the system and discharges from the systems into flood waters, and that on-site waste disposal systems be located so as to avoid impairment or contamination;

(3)

Construction with materials resistant to flood damage, utilizing methods and practices that minimize flood damages from flood levels exceeding the base flood elevation by one foot; and

(4)

All electrical equipment and sanitary facilities, including circuits, installed electric appliances, toilets, sinks, and drains, in new developments, substantially damaged structures, and substantial improvements shall be elevated to or above one foot above the base flood elevation; or shall be floodproofed to prevent damage resulting from flood levels exceeding the base flood elevation by one foot. Back flow valves should be installed on all septic lines leading from the structure.

(f)

Letters of map revision: Federal regulations in Title 44 of the Code of Federal Regulations, Chapter 1, Part 65.5 and 65.6 allow for changes to the special flood hazard area through a letter of map revision (LOMR) or a letter of map revision based on fill (LOMR-F), provided the community determines that the land and any existing or proposed structures that would be removed from the floodplain are "reasonably safe from flooding." The community acknowledgement form asserting this is required for LOMR and LOMR-F applications and must be signed by the floodplain administrator. The floodplain administrator shall not sign a community acknowledgement form unless all criteria set forth in the following paragraphs are met:

(1)

Applicant shall demonstrate that the property and any existing or proposed structures will be "reasonably safe from flooding," according to the minimum design standards in FEMA Technical Bulletin 10.

(2)

All requirements listed in the Simplified Approach in FEMA Technical Bulletin 10 shall be met and documentation from a registered professional engineer shall be provided. If all of these requirements are not met, applicant must provide documentation in line with the Engineered Approach outlined in FEMA Technical Bulletin 10.

(g)

Placement of fill within the floodplain.

(1)

Filling of the flood fringe associated with new development shall be limited to 25 percent of the flood fringe within that project area. If an undeveloped parcel is adjacent to a developed area and the 25 percent fill restriction may negatively impact the development area, further restrictions may be applied if warranted by a drainage analysis that is prepared by the developer. The remaining 75 percent of flood fringe within the project area shall be designated as a restricted fill zone. These provisions may be modified or waived in whole or in part by the planning director for redevelopment areas or if the project area was previously zoned and platted. Mitigation measures may apply. A drainage analysis and/or other information may be required to assist the planning director in determining if a waiver is appropriate or to determine appropriate mitigation measures.

(h)

Storage of material and equipment.

(1)

The storage or processing of materials that are in time of flooding buoyant, flammable, explosive, or could be injurious to human, animal or plant life is prohibited.

(2)

Storage of other material or equipment may be allowed if not subject to major damage by floods and firmly anchored to prevent flotation or if readily removable from the area within the time available after flood warning.

(i)

Subdivision proposals and other proposed new development, including manufactured home parks or subdivisions, shall be required to assure that (a) all such proposals are consistent with the need to minimize flood damage, (b) all public utilities and facilities, such as sewer, gas, electrical, and water systems are located, elevated, and constructed to minimize or eliminate flood damage, (c) adequate drainage is provided so as to reduce exposure to flood hazards, and (d) proposals for development (including proposals for manufactured home parks and subdivision) of five or more acres or 50 or more lots, include within such proposals the base flood elevation.

(Ord. No. 37322, § 2, 3-21-06; Ord. No. 38724, § 7, 5-11-10; Ord. No. 39946, § 1, 3-18-14; Ord. No. 43360, § 1, 4-4-23; Ord. No. 44191, § 1, 3-11-25)

(a)

Permitted uses. Any use permitted in the underlying base zoning district shall be permitted in the Flood Fringe Overlay District. No use shall be permitted in the district unless the standards of section 55-657 are met.

(b)

Standards for the flood fringe overlay district.

(1)

New construction, substantially damaged, or substantially improved residential structures shall have the lowest floor, including basement, elevated to or above one foot above the highest base flood elevation available. All machinery and equipment, such as electrical, heating, ventilation, air conditioning, plumbing, and any other service facilities, must be elevated to the same level as the lowest floor. The elevation of the lowest floor and all machinery and equipment servicing the structure shall be certified by a licensed land surveyor, professional engineer, or architect.

(2)

New construction, substantially damaged, or substantially improved nonresidential structures shall have the lowest floor, including basement, elevated to or above one foot above the highest base flood elevation available, or, together with attendant utility and sanitary facilities, be floodproofed so that below that level the structure is watertight with walls substantially impermeable to the passage of water and with structural components having the capability of resisting hydrostatic and hydrodynamic loads and effects of buoyancy. A registered professional engineer or architect shall certify that the standards of this subsection are satisfied. Such certification shall be provided to the floodplain management coordinator of the planning department as set forth in subsection 55-655(b)(2)(g).

(3)

Fully enclosed areas below the lowest floor (excluding basements) and below the base flood elevation shall be used solely for the parking of vehicles, building access, or limited storage of readily removable items. The area below lowest floor subject to flooding shall be a maximum of four feet in height measured from the bottom of the floor joists, unless used for parking of vehicles. When the area below the lowest floor is used for the parking of vehicles, the city shall require the owner to sign a nonconversion agreement and file it with the Douglas County register of deeds. A nonconversion agreement may only be used for attached garages or parking areas below elevated buildings at the discretion of the city. Fully enclosed areas below the lowest floor (excluding basements) and below the base flood elevation shall be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwaters. Designs for meeting this requirement must either be certified by a registered professional engineer or architect or meet or exceed the following minimum criteria: A minimum of two openings having a total net area of not less than one square inch for every square foot of enclosed area subject to flooding shall be provided. The bottom of all openings shall not be higher than one foot above grade. Openings may be equipped with screens, louvers, valves, or other coverings or devices provided that they permit the automatic entry and exit of floodwaters.

(4)

Within AH and AO zones, adequate drainage paths around structures on slopes shall be required in order to guide floodwaters around and away from proposed structures.

(5)

Manufactured homes.

a.

All manufactured homes placed or substantially improved within A1-30, AH, and AE zones, shall be elevated on a permanent foundation such that the lowest floor is a minimum of one foot above the base flood elevation and securely anchored pursuant to section 55-658(b)(5)(c), and mechanical, electrical, and HVAC equipment shall be elevated to provide at least one foot of freeboard above the base flood elevation.

b.

All manufactured homes shall be anchored to resist flotation, collapse, or lateral movement. Manufactured homes must be anchored in accordance with local building codes or FEMA guidelines. In the event that over-the-top frame ties to ground anchors are used, the following specific requirements (or their equivalent) shall be met:

i.

Over-the-top ties shall be provided at each of the four corners of the manufactured home with two additional ties per side at intermediate locations with manufactured homes less than 50 feet long requiring one additional tie per side;

ii.

Frame ties shall be provided at each corner of the home with five additional ties per side at intermediate points with manufactured homes less than 50 feet long requiring four additional ties per side;

iii.

All components of the anchoring system shall be capable of carrying a force of 4,800 pounds; and

iv.

Any additions to the manufactured home shall be similarly anchored.

(6)

Recreational vehicles placed on sites within the special flood hazard areas on the community's official map, shall:

i.

Be on site between April 1 through October 31 only and for less than 180 consecutive days; and

ii.

Be fully licensed and ready for highway use, which shall mean it is on its wheels or jacking system, is attached to the site only by quick-disconnect type utilities and security devices, and has no permanently attached additions; or

iii.

Meet the permit requirements and the elevation and anchoring requirements for "manufactured homes" of this section.

(7)

Located within the areas of special flood hazard established in section 55-653(a) are areas designated as AO zones. These areas have special flood hazards associated with base flood depths of one to three feet where a clearly defined channel does not exist and where the path of flooding is unpredictable and indeterminate; therefore, the following provisions apply within AO zones:

a.

All new construction, substantially damaged, or substantially improved residential structures shall have the lowest floor (including basement) elevated above the highest adjacent grade at least as high as depth in feet specified on the FIRM plus one foot of freeboard, or if no depth number is specified on the FIRM, at least as high as two feet plus one foot of freeboard.

b.

All new construction, substantially damaged, or substantially improved non-residential structures shall:

i.

Have the lowest floor elevated above the highest adjacent grade at least as high as depth in feet specified on the FIRM plus one foot of freeboard, or if no depth number is specified on the FIRM, at least as high as two feet plus one foot of freeboard; or

ii.

All buildings or structures located in zone AO, shall have their mechanical, electrical, heating, ventilation, air conditioning, plumbing, and any other service utilities elevated above the highest adjacent grade at least as high as depth in feet specified on the FIRM plus one foot of freeboard, or if no depth number is specified on the FIRM, at least as high as two feet plus one foot of freeboard.

c.

Adequate drainage paths around structures on slopes shall be required in order to guide floodwaters around and away from proposed structures.

(Ord. No. 37322, § 2, 3-21-06; Ord. No. 38724, § 8, 5-11-10; Ord. No. 38968, § 2, 3-22-11; Ord. No. 39946, § 1, 3-18-14; Ord. No. 43360, § 1, 4-4-23; Ord. No. 44191, § 1, 3-11-25)

(a)

Permitted uses. Only uses having a low flood-damage potential and not obstructing flood flows shall be permitted within the floodway district, but only to the extent that they are not prohibited by any other ordinance; accordingly, the following are the only permitted uses within the floodway district:

(1)

Agricultural uses.

Animal production.

Crop production.

Horticulture.

(2)

Civic uses.

Local utility services.

Parks and recreation services.

(3)

Commercial uses.

Campground.

(b)

Standards for the floodway overlay district. New structures for human habitation are prohibited. All encroachments, including fill, new construction, substantially damaged or substantially improved structures, and other development are prohibited unless certification by a registered professional engineer or architect is provided demonstrating that the development shall not result in any increase in water surface elevations along the floodway profile during occurrence of the base flood discharge. These uses are subject to the standards of sections 55-656, 55-657 and 55-658.

(Ord. No. 37322, § 2, 3-21-06; Ord. No. 38724, § 9, 5-11-10; Ord. No. 38968, § 3, 3-22-11; Ord. No. 39946, § 1, 3-18-14; Ord. No. 43360, § 1, 4-4-23; Ord. No. 44191, § 1, 3-11-25)

(a)

The zoning board of appeals shall hear and decide appeals and requests for variances from the requirements of this section.

(b)

The zoning board of appeals shall hear and decide appeals when it is alleged that there is an error in any requirement, decision, or determination made by the floodplain management coordinator in the enforcement or administration of this section.

(c)

Any person aggrieved by the decision of the zoning board of appeals or any taxpayer may appeal such decision to the district court as provided in Neb. Rev. Stat. § 14-413.

(d)

In passing upon such applications, the zoning board of appeals shall consider all technical evaluations, relevant factors, and the standards specified in other sections of this section, and:

(1)

The danger that materials may be swept onto other lands to the injury of others;

(2)

The danger of life and property due to flooding or erosion damage;

(3)

The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner;

(4)

The importance of the services provided by the proposed facility to the community;

(5)

The necessity to the facility of a waterfront location, where applicable;

(6)

The availability of alternative locations, not subject to flooding or erosion damage, for the proposed use;

(7)

The compatibility of the proposed use with existing and anticipated development;

(8)

The relationship of the proposed use to the comprehensive plan and floodplain management program for that area;

(9)

The safety of access to the property in times of flood for ordinary and emergency vehicles;

(10)

The expected heights, velocity, duration, rate of rise and sediment transport of the floodwaters and effects of wave action, if applicable, expected at the site; and

(11)

The costs of providing governmental services during and after flood conditions including maintenance and repair of public utilities and facilities such as sewer, gas, electrical, and water systems, and streets and bridges.

(e)

Conditions for variances.

(1)

Generally, variances may be issued for new construction, and substantial improvements to be erected on a lot of one-half acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood level, providing the provisions in this section, particularly subsections (e)(2) and (e)(3) have been fully considered. As the lot size increases beyond the one-half acre, the technical justification required for issuing the variance increases.

(2)

Variances may be issued for the repair or rehabilitation of historic structures upon a determination that the proposed repair or rehabilitation will not preclude the structure's continued designation as a historic structure and the variance is the minimum necessary to preserve the historic character and design of the structure.

(3)

Variances shall not be issued within any designated floodway if any increase in flood levels along the floodway and flood fringe profile during the base flood discharge would result.

(4)

Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief.

(5)

Variances shall only be issued upon (i) a showing of good and sufficient cause; (ii) a determination that failure to grant the variance would result in practical difficulty or unnecessary hardship to the applicant, as defined by state law, and (iii) a determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, the creation of nuisances, fraud on or victimization of the public, or conflict with existing local laws or ordinances.

(6)

An applicant for a variance shall be given a written notice over the signature of a community official that (1) the issuance of a variance to construct a structure below the base flood level will result in increased premium rates for flood insurance up to amounts as high as $25.00 for $100.00 of insurance coverage, and (2) such construction below the base flood level increases risks to life and property. Such notification shall be maintained with the record of all variance actions as required by this section.

(Ord. No. 37322, § 2, 3-21-06; Ord. No. 38724, § 10, 5-11-10; Ord. No. 39946, § 1, 3-18-14; Ord. No. 43360, § 1, 4-4-23; Ord. No. 44191, § 1, 3-11-25)

(a)

A structure or the use of a structure or premises which was lawful before the passage or relevant amendment of this section, but which is not in conformity with the provisions of this section may be continued, subject to the following conditions:

(1)

No such structure or use shall be expanded, changed, enlarged or altered in a way which increases its nonconformity.

(2)

If such use is discontinued for six consecutive months, any future use of the building premises shall conform to this section. The public utility providers shall notify the floodplain management coordinator in writing of instances of nonconforming uses where utility services have been discontinued for a period of six months.

(3)

Uses or adjuncts thereof that are or become nuisances shall not be entitled to continue as nonconforming uses.

(b)

If any nonconforming use or structure is destroyed by any means, including flood, it shall not be reconstructed if the cost of damages is more than 50 percent of the market value of the structure before the damage occurred, unless it is reconstructed in conformity with the provisions of this section. This limitation does not include the cost of any alteration to comply with existing state or local health, sanitary, building, or safety codes or regulations or the cost of any alteration of a structure listed on the National Register of Historic Places or a state inventory of historic places, provided that the alteration shall not preclude its continued designation.

(Ord. No. 37322, § 3, 3-21-06; Ord. No. 38724, § 11, 5-11-10; Ord. No. 39946, § 1, 3-18-14; Ord. No. 43360, § 1, 4-4-23; Ord. No. 44191, § 1, 3-11-25)

Violation of the provisions of this section or failure to comply with any of its requirements (including violations of conditions and safeguards established in connection with grants of variances or special exceptions) shall constitute a misdemeanor, and be punishable by state or local law. Each day such violation continues shall be considered a separate offense.

Nothing herein contained shall prevent the city or other appropriate authority from taking such other lawful action is as necessary to prevent or remedy any violation.

(Ord. No. 37322, § 4, 3-21-06; Ord. No. 38724, § 12, 5-11-10; Ord. No. 39946, § 1, 3-18-14; Ord. No. 43360, § 1, 4-4-23; Ord. No. 44191, § 1, 3-11-25)

The regulations, restrictions, and boundaries set forth in this section may from time to time to amended, supplemented, or changed, to reflect any and all changes in the National Flood Disaster Protection Act of 1973; provided, however, that no such action may be taken until after a public hearing in relation thereto, at which parties in interest and citizens shall have an opportunity to be heard. Notices of the time and place of such hearing shall be published in a newspaper of general circulation in the City of Omaha. At least ten days shall elapse between the date of this publication and the public hearing. A copy of such amendments will be provided to the Federal Emergency Management Agency. The regulations of this section are in compliance with the National Flood Insurance Program Regulations as published in Title 44 of the Code of Federal Regulations, and the 1983 Nebraska Flood Plain Management Act.

(Ord. No. 37322, § 5, 3-21-06; Ord. No. 38724, § 13, 5-11-10; Ord. No. 39946, § 1, 3-18-14; Ord. No. 43360, § 1, 4-4-23; Ord. No. 44191, § 1, 3-11-25)

In furtherance of the goals and policies of the urban design element of the city's comprehensive plan, the IG industrial gateway overlay district shall be applied to those areas of the city which serve as major gateways to the city in which special industrial use landscaping, screening and site development standards are appropriate.

(Ord. No. 37810, § 7, 8-14-07)

(a)

IG district boundaries. The provisions of these sections 55-661 through 55-666 shall apply to any project on a lot or site in the IG district as shown on the zoning map.

(b)

Conflict of provisions. Where the provisions of these sections 55-661 through 55-666 conflict with the provisions of the other sections of this chapter, the provisions of these sections 55-661 through 55-666 shall control.

(Ord. No. 37810, § 7, 8-14-07)

Uses permitted in the IG district shall be the same as those permitted in the underlying zoning district(s).

(Ord. No. 37810, § 7, 8-14-07)

Site plan approval pursuant to section 55-882 shall be required for all projects located in the IG district.

(Ord. No. 37810, § 7, 8-14-07)

Projects located on a site or lot in the IG district shall comply with the following minimum site development standards:

(a)

Landscaping. Any site or lot abutting an arterial or expressway within an IG district shall provide a fifteen-foot wide perimeter landscaped area adjacent to such arterial or expressway planted with deciduous shade trees at intervals of not less than 40 feet on center, or coniferous trees with a minimum height of six feet at the time of planting at intervals of not less than 25 feet on center.

(b)

Identification signs. A project in the IG district shall be limited to two identification signs.

(c)

Certain other signs. Other than the identification signs permitted by section 55-666(b), above, owner identification, advertising, directional and informational signs shall be permitted on lots or sites in the IG district as provided in article XVIII of this chapter, provided that the provisions regarding pole signs and limiting the height of monument signs set forth at article XXII (urban design), section 55-933 shall also apply.

(d)

Utilities. The provisions regarding location of utilities set forth at article XXII, section 55-932.

(e)

Screening. Any project in the IG district shall be required to provide landscaping and screening in excess of the requirements of the underlying zoning. In no case shall the landscaped area be less than 15 feet in width or the screening less than six feet in height.

(f)

Building design. All buildings in any project in the IG district shall be subject to the following design standards:

(1)

Colors/patterns. Building colors and patterns shall be uniform and consistent earth tones and grays.

(2)

Materials. Buildings shall have masonry and glass fronts with minimum twenty-foot returns and masonry, glass or color-coordinated steel/aluminum sides and backs. The metallic sides or back shall not exceed 70 percent of the building exterior. Loading area doors shall be the same metallic substance and color as the sides or back, or if not metallic, the same color as the masonry.

(Ord. No. 37810, § 7, 8-14-07)

Proposed changes to existing structures located on sites in the IG district shall be subject to the standards and guidelines set forth in section 55-666 in the following manner:

(a)

Total reconstruction. Any project which involves the total reconstruction of any existing structure on a site, as a result of a decision to redevelop the site, shall be subject to the standards and guidelines in section 55-666. Any project which involves the total reconstruction of any existing structure on a site as a result of a casualty loss shall be subject only to the standards and guidelines in section 55-666(f).

(b)

Other change involving issuance of a building permit. Any change to a project that does not constitute a total reconstruction as provided in section 55-667(a) shall be subject to each standard and guideline set forth in section 55-666 to the extent that such change to the project concerns each such standard or guideline.

(c)

Exception. Notwithstanding the provisions of section 55-667(b) above, ordinary maintenance and repairs of an existing structure or site shall not be subject to the standards and guidelines set forth in section 55-666.

(d)

Ordinary maintenance and repairs. For the purposes of this section 55-667, the term "ordinary maintenance and repairs" means improvements necessary to replace deteriorated elements of existing structures or of a site when made without substantially changing the size, shape, configuration or style of the structure or site.

(e)

Changes involving development agreements. Any existing or proposed structure or site covered by an existing development agreement shall be covered by site development or building design guidelines established by that agreement. If the development agreement covering the structure does not include building design guidelines, then the standards and guidelines set forth in section 55-666(f) shall apply. Any modification to any such structures or sites that require a major amendment shall be subject to the standards and guidelines set forth in section 55-666 to the extent that the sections are applicable to the amendment.

(Ord. No. 37810, § 7, 8-14-07)

The PK parking overlay district allows for the primary use of a site for off-street parking purposes in zoning districts in which this use is not allowed as a permitted, conditional or special permit use. The PK parking overlay district is designed for common parking facilities within a neighborhood or for off-street parking separated from a principal use. The PK parking overlay district further recognizes that parking may be a temporary use within neighborhoods and should not affect its basic land use designation.

(Code 1980, § 55-672)

The PK district may be used in combination with any residential district or the LO limited office district.

(Code 1980, § 55-673)

The following use types are permitted:

(a)

Generally. All use types permitted in the underlying district.

(b)

Parking uses.

Parking structure;
Surface parking.

(Code 1980, § 55-674)

(a)

Parking uses. Parking uses shall be subject to all requirements of sections 55-737 through 55-740 of this chapter.

(b)

All other uses. All other uses shall be subject to site development regulations for each respective base district.

(Code 1980, § 55-675)

Each application for a PK parking overlay district shall include a parking plan, prepared by a registered architect, landscape architect or engineer, demonstrating compliance with the applicable site development regulations. This plan shall include but not be limited to:

(a)

The location of parking, aisles, circulation ways and access points to the facility.

(b)

A landscape plan, indicating location, size and species of proposed landscaping.

(c)

A grading plan, showing existing and proposed grades at two-foot intervals.

(d)

The location and direction of drainage for storm water runoff.

(e)

Construction details necessary to demonstrate compliance with this chapter.

(Code 1980, § 55-676)

(a)

The planning director shall review each PK district application and shall transmit his/her recommendation to the planning board and the applicant before the date of the public hearing.

(b)

The planning board, after proper notice, shall hold a public hearing and act upon each application.

(c)

The planning board may recommend amendments to PK district applications.

(d)

The recommendation of the planning board, together with that of the planning director, shall be transmitted to the city council for final action.

(e)

The city council, after proper notice, shall hold a public hearing and act upon any ordinance establishing a PK district.

(f)

An ordinance adopting a PK district shall require a favorable vote of five members of the city council for approval if the planning board recommends denial of the ordinance. The city council may amend such ordinances, provided at least five council members vote to do so.

(g)

Any protest against a PK district shall be made and filed as provided by R.R.S. 1943, § 14-405, and amendments thereto.

(h)

No application for approval of the same or substantially the same application for a PK district may be filed within one year of a denial of that application by the city council.

(Code 1980, § 55-677)

(a)

Major amendments. Major amendments to a parking plan in a PK parking overlay district shall be submitted to the planning board for a recommendation and approved by the city council. Major amendments include:

(1)

An increase in the size or amount of paved surface of the parking facility or the number of parking spaces provided.

(2)

A decrease in the amount of landscaping provided.

(3)

A change in access to the parking facility.

(4)

A decrease in proposed buffers.

(b)

Minor amendments.

(1)

All other changes shall be considered minor amendments to the parking plan. The planning director, upon receipt of an application, may approve minor amendments in the parking plan.

(2)

If the director does not act on a complete application for a minor amendment of a parking plan within ten days of submission by the applicant, it shall be considered approval.

(3)

An application that is disapproved by the planning director shall be considered a major amendment and shall be subject to the approval process for such amendments.

(Code 1980, § 55-678)

The building official shall issue building permits only in accordance with the approved parking plan.

(Code 1980, § 55-679)

The planning board shall reconsider the zoning of the property and may, on its own motion, initiate an application to remove the PK parking overlay district under one of the following conditions:

(1)

The parking plan is not completed within two years of the effective date of the ordinance creating the PK district.

(2)

The parking use is abandoned.

(Code 1980, § 55-680)

The MCC major commercial corridor overlay district is intended to implement the urban design element of the city's comprehensive plan with regard to the city's existing continuous commercial areas. In particular, the purpose of the MCC district is to improve the design of development in major commercial areas in order to foster a coherent image and provide a safe and manageable environment for motorists and pedestrians. The MCC district implements this purpose by requiring urban design site plan review for new development with reference to design criteria for building placement, elevations and landscaping.

When the MCC districts are created through the process outlined in this section, they shall be delineated as generally described in the urban design element of the comprehensive plan of the city. The boundaries of the MCC district shall be established or amended using the procedure applicable to amendments of the boundaries of zoning districts.

(Ord. No. 37810, § 4, 8-14-07)

(a)

MCC district boundaries. The provisions of these sections 55-681 through 55-688 shall apply to any project on a lot or site in the MCC district.

(b)

Conflict of provisions. Where the provisions of these sections 55-681 through 55-688 conflict with the provisions of the other sections of this chapter, the provisions of these sections 55-681 through 55-688 shall control.

(Ord. No. 37810, § 4, 8-14-07)

Use types permitted in the MCC district are the same as those permitted in the underlying base zoning district(s).

(Ord. No. 37810, § 4, 8-14-07)

All projects located in the MCC district shall be subject to urban design site plan approval pursuant to article XXII (urban design), section 55-937 (urban design site plan approval).

(Ord. No. 37810, § 4, 8-14-07)

Projects located on a site or lot in the MCC district shall comply with site development standards for the following urban design elements:

(a)

Screening of service areas. Article XXII (urban design), section 55-927.

(b)

Green parking areas. Article XXII (urban design), section 55-928.

(c)

Parking structures. Article XXII (urban design), section 55-929.

(d)

Site and building access. Article XXII (urban design), section 55-930(a) and (d).

(e)

Location of utilities. Article XXII (urban design), section 55-932.

(f)

Signs. Article XXII (urban design), section 55-933.

(g)

Retaining walls; landscape berms. Article XXII (urban design), section 55-934.

(Ord. No. 37810, § 4, 8-14-07; Ord. No. 39118, § 1, 9-20-11)

Each project located on a site or lot in an MCC district is subject to the following building design guidelines:

(a)

Building design guidelines. Article XXII (urban design), section 55-935.

(Ord. No. 37810, § 4, 8-14-07; Ord. No. 43098, § 1, 9-13-22)

Proposed changes to existing structures located on sites in the MCC district shall be subject to the standards and guidelines set forth in sections 55-686 and 55-687 in the following manner:

(a)

Total reconstruction. Any project which involves the total reconstruction of any existing structure on a site, as a result of a decision to redevelop the site, shall be subject to the standards and guidelines in sections 55-686 and 55-687. Any project which involves the total reconstruction of any existing structure on a site as a result of a casualty loss shall be subject only to the guidelines of section 55-687.

(b)

Other change involving issuance of a building permit. Any change to a project that does not constitute a total reconstruction as provided in section 55-688(a) shall be subject to each urban design standard and guideline set forth in sections 55-686 and 55-687 to the extent that such change to the project concerns each such urban design standard or guideline.

(c)

Exception. Notwithstanding the provisions of section 55-688(b), above, ordinary maintenance and repairs of an existing structure or site shall not be subject to the standards and guidelines set forth in sections 55-686 and 55-687.

(d)

Ordinary maintenance and repairs. For the purposes of this section 55-688, the term "ordinary maintenance and repairs" means improvements necessary to replace deteriorated elements of existing structures or of a site when made without substantially changing the size, shape, configuration or style of the structure or site.

(e)

Changes involving development agreements. Any existing or proposed structure or site covered by an existing development agreement shall be covered by site development or building design guidelines established by that agreement. If the development agreement covering the structure does not include building design guidelines, then the standards and guidelines set forth in section 55-687 shall apply. Any modifications to any such structures or sites that require a major amendment shall be subject to the standards and guidelines set forth in sections 55-686 and 55-687 to the extent that the sections are applicable to the amendment.

(Ord. No. 37810, § 4, 8-14-07)