Omaha City Zoning Code

ARTICLE XV

SUPPLEMENTAL USE REGULATIONS

Sec. 55-761.- Purpose.

The supplemental use regulations set forth additional standards for certain uses located within various zoning districts. These regulations recognize that certain use types have operating characteristics that require additional conditions in order to protect public health, safety and welfare. In other cases, additional use provisions can help to further specific objectives of the city. These regulations complement the use regulations for each district within this chapter.

(Code 1980, § 55-761)

Sec. 55-762. - Agricultural uses.

(a)

Horticulture and crop production, retail sales. Retail operation of garden centers or roadside stands associated with a primary horticulture or crop production use may be permitted in AG and DR districts, subject to the following requirements:

(1)

Garden centers.

A garden center is a building or premises used for the retail sale of plant materials or items useful in the growing or display of lawns, gardens and plants.

Garden centers must conform to all site development regulations for the zoning district.

Any garden center adjacent to a residential district must maintain a 30-foot landscaped bufferyard. Landscaping must be done in accordance with sections 55-711 through 55-730, "Landscaping and screening."

The establishment of a garden center in an AG or DR district is subject to the conditional use permit procedure set forth in section 55-883.

(2)

Roadside stands.

A roadside stand is a facility used on a temporary or seasonal basis for the retail sale of produce grown largely on adjacent or surrounding agricultural areas.

A roadside stand may be located within a required front yard but no closer than 40 feet to the edge of a traveled roadway.

A roadside stand may operate for a maximum of 180 days in any one year.

(b)

Commercial feedlots.

(1)

Minimum size. The minimum size for a commercial feedlot is one acre.

(2)

State certification. Each conditional use permit application for a commercial feedlot must include one of the following certifications from the department of environmental control of the state:

The proposed facility has been reviewed and found not to require antipollution measures.

The proposed facility has been reviewed and proposed antipollution measures have been approved.

(3)

Pollution control. A commercial feedlot shall not produce a measurable increase in pollution in any public water-based recreational facility or in any waterway that is a part of a public or private water supply.

(c)

Urban agriculture.

Raised and in-ground planting beds must be set back three feet from any property line.

Site development regulations: If the site is residentially zoned and has a principal use that is residential or is zoned commercial, industrial, office or mixed use, the standard site development regulations for the base zoning district apply. If community garden, urban garden or urban farm is the principal use on a site that is residentially zoned, the site development regulations for the base zoning district are modified by the following:

The site is exempt from site area per unit and floor area ratio.

Setbacks:

Front and street side yard setbacks apply to all structures except raised planting beds.

ii.

Front yard setbacks may be modified as provided for in subsection 55-782(c).

iii.

Rear and interior side yards may be modified by subsection 55-782(b)(6).

Any temporary structure shall be included in the calculation for the impervious coverage limits for the base zoning district.

Temporary agricultural structures do not count towards the building coverage limits of the base zoning district.

A conditional use permit for an urban farm may include additional conditions or restrictions as may be approved pursuant to section 55-885. Detailed information regarding the operation and any structures must be provided as part of the application for conditional use permit for an urban farm.

Structures. If the site is residentially zoned and has a principal use that is residential or is zoned commercial, industrial, office or mixed use, the standard regulations for structures in the base zoning district apply. If community garden, urban garden or urban farm is the principal use on a site that is residentially zoned, the regulations for structures in the base zoning district are modified by the following:

Accessory structures. Accessory structures are allowed with a principal use that is urban agriculture, but are limited as follows:

Any one accessory structure is limited to the following square footage:

Urban garden and community garden: 150 square feet

Urban farm: 200 square feet. The planning board may grant an exception for the size of an accessory structure for a conditional use, as part of its approval of that use. The limit or extent of this exception shall be a specific condition of the conditional use permit.

ii.

Coverage: The total footprint for all accessory structures may not exceed five percent of the site area unless approved as part of the conditional use permit.

iii.

Any opening on a fully enclosed accessory structure is limited to a maximum six feet in width.

Agricultural structures.

See subsection 55-50(e): Urban agriculture for the type of agricultural structures allowed in each use.

ii.

See subsection 55-762(c)(2) for site development regulations of agricultural structures.

If an otherwise vacant residentially zoned site ceases to be used for urban agriculture, any structure must be removed if the site is not reoccupied by another urban agriculture use within six months.

Any structure legally constructed prior to the effective date of the ordinance from which this section derives that does not meet the requirements herein is considered legally non-conforming. It may remain in place but is subject to the requirements outlined in section 55-864, Non-conforming structures.

On-site sales.

Urban garden: On site sales are prohibited.

Community garden, urban farm and commercial farm: On-site sales are allowed, subject to the following conditions:

Frequency of sales are limited as follows:

Community garden: Four days per calendar month.

Urban farm: Eight days per calendar month. The planning board may grant an exception for the number of sale days as part of a conditional use permit. The limit or extent of this exception shall be a specific condition of the conditional use permit.

Commercial farm: Sales taking place outside of a fully enclosed, permitted structure are limited to 15 days per calendar month. There is no limit on sales within a fully enclosed, permitted structure.

ii.

Only whole produce grown on site can be sold at community garden sites.

iii.

Only whole produce grown on site and products made from that produce can be sold at urban farm properties. Items from other farm operations managed by the same owner/operator may also be sold, provided the owner/operator meets all other applicable regulations. Similar products from an off-site garden owned/operated by another person may be sold on an urban farm use, but only pursuant to specific conditions of an approved conditional use permit.

iv.

Any products sold that are not whole produce must follow all applicable codes and regulations including, but not limited to, Omaha Municipal Code, Douglas County Health Department regulations and State of Nebraska laws and statutes.

Sales must occur on a dedicated portion of private property.

vi.

Pedestrian and vehicular traffic on adjacent rights-of-way cannot be impeded by equipment, tents, tables and other objects used for the sale of goods or by the people attending the sale.

Compost. Composting is the process of creating a soil conditioner from the decomposition of organic matter. This organic matter is usually waste generated by the agricultural operation. Composting is allowed in all urban agriculture uses provided that the following requirements are met:

Composting must be within a structure or bin that has a minimum of three vertical sides. If one side is left open, the open side cannot face an adjacent property or right of way if within 20 feet of the property line. Debris must be contained within the footprint of the structure.

Only waste produced on site can be composted.

Composting structures shall meet the following setbacks:

Front and street side yards: Base zoning district.

ii.

Rear and interior side yards: Five feet.

The square footage of composting structures is limited to one percent of the site area.

Equipment and storage. Any equipment and supplies stored on site shall be within an accessory structure, be fully enclosed or otherwise effectively screened from the street and any adjacent residential uses.

Pesticides and fertilizers. Generally, the use of pesticides and the excessive use of fertilizers is discouraged due to the negative environmental impact. Pesticides may be applied in accordance with all federal and state regulations and by following all directions on the pesticide label. If restricted use pesticides are used, the owner/operator must obtain the appropriate license from the state.

Registry. All urban agriculture uses at which the owner/operator plans to sell or donate crops are required to be registered with the city. The application form must include the following information:

Name, street address, telephone number, e-mail address (if applicable), of the property owner.

If different than above, name, street address, telephone number, e-mail address (if applicable) of the person conducting operations on site.

Identity of the property to be used for urban agriculture, including parcel number, physical street address or addresses, and full mailing address if different.

If the site is within an area of the city where lead contamination is an issue, a soil test indicating the lead levels on the site or proof of remediation must be submitted. Operators may not sell produce grown on the site until the city has verified the soil condition complies with current U.S. EPA lead safety standards.

Lighting. For community garden, urban garden or urban farm uses, no lighting is allowed unless attached to a permitted structure and the fixtures must be typical to lighting fixtures on private property in the given vicinity.

10.

Hours. For community garden, urban garden or urban farm uses that are a principal use on a residentially zoned site, owners and workers may only be on site between the hours of 5:00 a.m. to 10:00 p.m. daily and the use of power equipment is not allowed before 7:00 a.m. or after 9:00 p.m.

11.

Signage. The requirements in article XVIII, Sign and street graphics regulations are hereby amended for any urban agriculture use by the following:

Limited signage is allowed for community garden, urban garden and urban farm with the following guidelines:

Only one ground or wall sign is allowed per site.

ii.

The sign area is limited to eight square feet.

iii.

Wall sign height limit is 16 feet.

iv.

Ground/monument sign height limit is six feet and must be setback 12 feet from any property line.

Signage for commercial farm will follow the office/commercial guidelines for the base zoning district with the following modifications:

Pole signs are prohibited.

All signs must obtain a permit through the city's permits and inspections division.

12.

Maintenance. It is the responsibility of each owner/operator to maintain the site in compliance with chapter 18, article III, Weeds and litter, chapter 37, Trees and vegetation, and all other applicable sections of the Omaha Municipal Code.

When herbaceous crops are no longer actively growing or being harvested, all dead vegetation must be removed, mulched or composted.

(13)

The above is not an exhaustive list of all regulations. All other portions of the Omaha Municipal Code not modified or addressed by this section are still applicable.

(Code 1980, § 55-762; Ord. No. 43400, § 1, 5-2-23)

Sec. 55-763. - Residential use types.

(a)

Accessory dwelling units (ADUs).

(1)

Purpose. An accessory dwelling unit (ADU) provides an additional unit on sites that are approved for residential uses. ADUs accommodate the needs of changing households, address the issue of housing affordability, and allow additional population density to occur, while utilizing existing city infrastructure and thereby reducing costs for the city.

(2)

Types. The following types of ADUs shall be permitted:

Detached ADU. An accessory dwelling unit that is located as a standalone structure and including no more than one dwelling unit.

Attached ADU. An accessory dwelling unit that is connected to part of a residential structure and having its own foundation.

Internal ADU. An accessory dwelling unit that is integrated into a residential structure and does not include its own foundation.

(3)

Permitted districts.

An ADU in the AG, DR, R1, R2, R3, R4, LO, GO, LC, CC and GC district requires approval of a conditional use permit subject to the procedure and criteria set forth in section 55-883.

An ADU is permitted in the R5, R-WRN, R6, R7, R8, MH, NBD, CBD, DS and TOD districts.

(4)

Use regulations. An ADU is permitted as accessory to any approved residential use and in accordance with sections 55-763(a)(2)-(a)(5).

No more than one ADU shall be allowed per site.

The largest building provided on site shall be identified as the principle dwelling unit (PDU).

In the DR through R4 districts, the total combined occupancy per site shall not exceed three unrelated persons, as defined by section 55-19 ("family").

If any residential unit on the site is made available for rent, a rental registration shall be submitted as required by section 48-204.

The ADU cannot be sold off separately from the PDU.

(5)

Site development regulations. All applicable site development regulations of the base zoning district shall apply, in addition to the provisions of this section.

Site coverage. A property with an ADU is allowed a 15 percent increase to maximum building coverage and impervious coverage site development regulations for improvements related to the ADU.

Setbacks. ADUs shall comply with the setback requirements of the base zoning district or adjusted front yard setback as allowed by section 55-782, if applicable, with the following modifications:

A detached ADU shall be placed a minimum of 20 feet behind the front facing plane of the PDU.

A detached ADU shall be located a minimum of five feet from the interior side and eight feet from the rear lot line. A detached ADU may be located a minimum of three feet from the interior side and rear lot lines if the applicant presents to the city and verified by all applicable utility companies proof that no utility easements exist within the ADU building envelope.

Height. If the ADU conforms with the exception of reduced setbacks from the base district as allowed in section 55-763(a)(5)(b)(1) or (2), the maximum height of the structure is 16 feet. ADUs built in accordance with the base district setback requirements are subject to the base district height requirement.

Entrances. Exterior stairways leading to an ADU entrance on street facing facades shall not exceed six treads unless enclosed within the building or built into the adjoining grade. Exterior doors for the ADU are required to face an adjacent street or alley, or face the interior of the site the unit is constructed on.

Existing nonconforming structures. Existing structures built prior to the effective date of this section that do not meet the height or setback site development regulations of this section, may be converted into an ADU provided the structure is not altered in any manner that would increase the degree of nonconformance.

Parking. No additional onsite parking is required with an ADU.

Driveways. The site serving the ADU and PDU shall only have one driveway per street frontage.

Density. ADUs are exempt from the site area/unit calculation of the base zoning district.

Building codes. All new construction shall comply with current building, electrical, mechanical and plumbing codes adopted by the city. Existing residential areas may remain unaltered.

(b)

Incidental dwelling units. One residential dwelling unit may be located within the same building as other uses incorporated into a common development, as an incidental use, in the LO, GO, LC, CC and GC base districts.

(c)

Large group living uses. A large group living use is subject to the following conditions:

(1)

Separation. The distance between a large group living use and any previously existing large group living use or small group living use shall be at least 1,200 feet, measured between nearest lot lines. However, a large group living use may be located within said 1,200 feet, subject to approval of a special use permit, as provided by section 55-884.

(2)

Occupancy. The following occupancy regulations shall apply to large group living uses in certain listed districts.

In the AG, DR, R1, R2, R3, R4, R5, and R-WRN districts, no more than 14 residents shall be permitted in an owner-occupied dwelling unit, and no more than 12 residents shall be permitted in a non-owner-occupied dwelling unit.

In the R6 and R7 districts, no more than 20 residents shall be permitted in an owner-occupied dwelling unit, and no more than 16 residents shall be permitted in a non-owner-occupied dwelling unit.

In all districts, a minimum of 200 square feet must be provided in the dwelling unit for each resident.

(3)

Application for special or conditional use permit. In addition to the requirements of sections 55-883 and 55-884, any application for special or conditional use permit for a large group living use must include the following information:

The maximum number of individuals that it is contemplated will be residing at the large group living use;

The amount of square feet of bedroom space available for each individual who will reside in the large group living use;

Names and addresses of individuals and/or organizations expected to be operating the use or providing personal services to residents of the large group living use, if any;

A description of all services it is contemplated will be provided to residents of the large group living use, if any;

The maximum number of staff that will be involved in the provision of services to the residents of the large group living use, if any, and if so, how staff will be utilized;

The number of nonresident individuals expected to visit the large group living use each day, whether those individuals will come by motor vehicle, and the average length of stay;

The number of vehicles that will be expected to be parked at the large group living use on a daily basis;

All copies of licenses or applications for licenses obtained from or submitted to appropriate public agencies or departments to operate the use or to operate services proposed to be offered to residents of the large group living use;

Certifications, credentials, accreditations or other similar acknowledgements awarded to individuals and/or organizations expected to be operating the use and/or providing personal services to residents of the large group living use, if any;

The name, address and local phone number of a designated contact person for the large group living use who can be reached 24 hours per day, if the need should arise;

A map showing the location of any signage associated with the use, including a scale drawing of the sign structure and sign face with the sign's proposed sign copy; and

The location of any existing large group living use or small group living use within 1,200 feet of the location for the proposed large group living use.

(d)

Small group living uses. A small group living use is subject to the following conditions:

(1)

Separation. The distance between a small group living use and any previously existing small group living use or large group living use shall be at least 600 feet, measured between nearest lot lines. However, a small group living use may be located within said 600 feet, subject to approval of a special use permit, as provided by section 55-884.

(2)

Application for special or conditional use permit. In addition to the requirements of sections 55-883 and 55-884, any application for special or conditional use permit for a small group living use must include the following information:

The maximum number of individuals that it is contemplated will be residing at the small group living use;

The amount of square feet of bedroom space available for each individual who will reside in the small group living use;

Names and addresses of individuals and/or organizations expected to be operating the use or providing personal services to residents of the small group living use, if any;

A description of all services it is contemplated will be provided to residents of the small group living use, if any;

The maximum number of staff that will be involved in the provision of services to the residents of the small group living use, if any;

The number of nonresident individuals expected to visit the large group living use each day, whether those individuals will come by motor vehicle, and the average length of stay;

The name, address and local phone number of a designated contact person who can be reached 24 hours per day, if the need should arise;

A map showing the location of any signage associated with the use, including a scale drawing of the sign structure and sign face with the sign's proposed sign copy; and

The location of any previously existing large group living use or small group living use within 600 feet of the location for the proposed small group living use.

(e)

Manufactured housing. A manufactured home may be located and installed according to the same standards for foundation system, permanent utility connections, setback, and minimum square footage which apply to site built, single-family dwellings on the same lot, subject to the manufactured housing meeting the following standards:

(1)

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

(2)

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

(3)

The roof shall be pitched with a vertical rise of two and one-half inches for each 12 inches of horizontal run.

(4)

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

(5)

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

(6)

The home shall have non-reflective roof material which is or simulates asphalt or wood shingles, title, or rock.

(7)

The home shall be installed upon a permanent foundation and with permanent utility connections, all as provided by the city's Code.

(f)

Assisted living.

(1)

Independent housing. All development must provide a minimum of the following design features.

Full accessibility within each unit, to all common areas and to the sidewalk on the adjacent street.

A kitchenette in each apartment to complement a central kitchen and dining area.

Service, activity and recreation areas in the main pattern of pedestrian movement.

Designated on-premise space for use by visiting service providers.

(2)

Semi-dependent housing. All developments must provide a minimum of the following design and service features:

Full accessibility within each unit, to all common areas and to the sidewalk on the adjacent street.

A central kitchen and dining area.

Service, activity and recreation areas centrally located.

Designated on-premise space for use by visiting service providers.

Transportation services.

On-premise access to limited medical or nursing services.

(3)

Dependent living: All development must provide a minimum of the following design and service features:

Full accessibility within each unit, to all common areas and to the sidewalk on the adjacent street.

A central kitchen and dining area.

Service, activity and recreation areas centrally located.

Designated on-premise space for use by visiting service providers.

Transportation services.

On-premise access to limited medical and personal nursing services.

Monitoring systems and a medical file system.

On-premise physical therapy.

(Code 1980, § 55-763; Ord. No. 34026, § 3, 10-29-96; Ord. No. 34178, § 12, 5-6-97; Ord. No. 38198, § 31, 7-29-08; Ord. No. 42341, § 10, 10-27-20; Ord. No. 43728, § 1, 3-5-24; Ord. No. 44245, § 1, 4-22-25)

Sec. 55-764. - Civic uses.

(a)

Cemeteries.

(1)

Minimum size. Any cemetery established after the effective date of this chapter [March 4, 1987] shall contain a minimum area of 15 acres.

(2)

Setbacks. Mausoleums shall be set back at least 200 feet from every street and adjoining property line.

(b)

Club (membership). Clubs, where permitted, must meet the following conditions:

(1)

Clubs located adjacent to residential uses shall maintain a bufferyard equal to the greater of 15 feet or the bufferyard required by section 55-716, Bufferyards.

(2)

Any conditional or special permit use application for a club shall include information on the type of activities carried out within the facility, the expected peak use of the facility, and the expected time of peak activity.

(c)

Transitional living. A transitional living use, where allowed by special or conditional use permit, is subject to the following conditions:

(1)

Separation. The distance between a proposed transitional living use and any existing transitional living use shall be at least one-half mile, measured between nearest lot lines.

(2)

Application for conditional or special use permit. Any conditional or special use permit application must include the following information, in addition to that required by sections 55-883 and 55-884:

Names and addresses of individuals operating the facility;

A description of the services that the facility will provide;

The maximum number of staff and residents of the facility;

Copies of licenses or applications for licenses to operate the facility obtained from or submitted to appropriate public agencies or departments;

The location of any other transitional living sites operated by the applicant; and

The location of any other transitional living sites within one-half mile of the proposed transitional living.

(d)

Day care services.

(1)

Day care services (limited).

Day care services (limited) in the DR through MH districts are only allowed within residential structures if they are occupied primarily as a residence by the owner or tenant.

Day care services (limited) in the DR through MH districts that are located within nonresidential structures are required to have a certificate of occupancy from the permits and inspections division of the planning department prior to commencing operations.

(2)

Day care services (general).

Day care services (general) is allowed in the DR through R6 districts as an accessory use to and on the same site as administrative services, college and university facilities, community recreation, emergency residential care services, hospital services (general), military installations, primary education facilities, religious assembly and secondary education facilities provided that the site can comply with off-street parking requirements.

Day care services (general) in the DR through MH districts are only allowed within residential structures if they are occupied primarily as a residence by the owner or tenant.

Day care services (general) in the DR through R5 districts are limited to the care of up to and including 12 individuals.

(e)

Noncommercial day shelters. Noncommercial day shelters should be primarily neighborhood based and located close to the population that they serve. Noncommercial day shelters, where permitted under a conditional use permit, are subject to the following:

(1)

Conditions.

Building area. A noncommercial day shelter shall provide a minimum of 15 square feet of building area per person occupying the facility.

Hours of operation. A facility may be operated only between the hours of 7:00 a.m. and 9:00 p.m.

Compliance with applicable requirements. Each noncommercial day shelter must comply with all provisions of the building, health and other applicable requirements of the Omaha Municipal Code.

Minimum separation from other uses. No facility may be established within 300 feet of any of the following:

a residential zoning district;

a primary or secondary educational facility; or

a day care service (limited) use or a day care services (general) use that is not located within the same civic use common development.

Operational plan. The applicant shall submit an operational plan, including but not limited to:

Specific hours of operation;

Description of types of services;

Security plan, including methods for handling anticipated problems;

Staffing;

Facility capacity;

Staging areas; each facility must provide adequate waiting areas;

Experience of operator; and information on parent corporation, including bylaws and list of board of directors or other responsible persons.

(2)

Advisory committee. An advisory committee appointed by the mayor shall consist of representatives of the planning department and police division, a general neighborhood representative, and a shelter operator or representative of a homeless service agency. In addition, the city council shall select a representative for the committee. The committee shall be responsible for review and evaluation of conditional permit applications for noncommercial day shelters based on the established conditions. The committee shall make a recommendation, within two weeks of referral to it by the planning director, based on the conditions, of approval or denial to the city planning board.

(3)

Standards for review; denial. Review by the planning board or city council shall be limited to the established conditions and criteria. A denial shall require a finding that a substantial adverse effect on the surrounding areas would be created by the proposed facility.

(4)

Change of ownership of property. Notwithstanding section 55-883(o) of the Omaha Municipal Code, this permit shall only run in favor of the applicant and not run with the land.

(Code 1980, § 55-764; Ord. No. 38024, § 1, 3-4-08; Ord. No. 38198, § 32, 7-29-08; Ord. No. 38959, § 2, 3-15-11; Ord. No. 40764, § 1, 6-14-16)

Sec. 55-765. - Commercial uses.

(a)

Auto repair, equipment repair, and body and fender repair services. Auto repair services are subject to the following additional requirements:

(1)

Enclosures. All repair activities must take place within a completely enclosed building.

(2)

Spray painting facilities. Any spray painting must take place within structures designed for that purpose and approved by the fire division.

(b)

Automotive rentals and sales, and equipment rentals and sales.

(1)

Outdoor display areas in connection with automotive rental and sales and equipment rental and sales operations shall be hard surfaced.

(2)

Body and fender repair services are permitted as incidental to automotive rental and sales and equipment rental and sales operations, provided that repair services shall not exceed 25 percent of the gross floor area.

(c)

Campgrounds. Campgrounds, where permitted, must meet the following conditions:

(1)

Minimum size. Each campground established after the effective date of this chapter [March 4, 1987] shall have a minimum size of one acre.

(2)

Setbacks. All campgrounds must maintain a 50-foot front yard buffer and a 25-foot buffer from all other property lines.

(3)

Access roads. Access roads to public rights-of-way must be hard surfaced. Minimum width must be 20 feet for two-way roads, and 15 feet for one-way roads.

(4)

Required facilities. Each campground must maintain water supply, sewage disposal, and water and toilet facilities in compliance with all applicable city ordinances.

(5)

Maximum residency. No person or group of persons other than the resident manager and family shall occupy a campground for longer than 30 days.

(d)

Convenience storage. Convenience storage facilities, where permitted as a conditional or special use, are subject to the following additional requirements:

(1)

Minimum size. The minimum site area for a convenience storage facility shall be two acres.

(2)

Limitation of activities. No activity other than the rental of storage cubicles and the administration of the facility shall be permitted within the facility.

(3)

Access to buildings. No storage buildings may open into required yards.

(4)

Driveway widths. All driveways within the facility shall provide a paved roadway with a minimum width of 24 feet.

(5)

Storage restrictions. All storage on the facility site must be within enclosed buildings. Storage of hazardous materials in a convenience storage facility is prohibited.

(6)

Landscaped bufferyards. Convenience storage facilities must maintain landscaped bufferyards of 35 feet adjacent to any public right-of-way and 20 feet adjacent to any other lot lines. Larger bufferyards may be required by the application of sections 55-715 and 55-716.

(7)

Height limits. The maximum height for any structure within the facility is 20 feet.

(8)

Perimeter fencing. The perimeter of each facility shall be fully enclosed by fencing or screen walls. Perimeter fencing shall be provided at a minimum of six feet and a maximum of eight feet in height, of a material approved by the planning director. Fencing shall be constructed behind required bufferyards.

(9)

Application for conditional or special use permit. Any conditional or special use permit application shall include the following information, in addition to that required by sections 55-883 and 55-884:

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

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

(e)

Outdoor sports and recreation. Motorized cart and motorcycle tracks, motorized model airplane flying facilities, and other similar sports and recreation uses involving power-driven engines, where permitted as a special use, are subject to the following additional requirements:

(1)

Tracks and facilities shall provide a minimum of a 300-foot bufferyard along their perimeter where adjacent to property zoned agricultural or residential.

(f)

Bed and breakfast inns: Such facilities, where allowed as a permitted use, or with approval of a special use permit in designated residential districts, are subject to the following conditions:

(1)

Historical significance: The structure shall be designated as a local historic landmark or be a structure that is an integral historical component of a historical preservation district.

(2)

Compliance: The property must comply with all site development, landscaping and signage regulations of the base district.

(3)

Parking: A minimum of two stalls shall be provided for the residence and one stall for each guest room. All parking must be provided on site.

(4)

Occupancy: Occupancy will be limited to the following:

Residents of the home or the on-site manager.

No more than six guest rooms in an R5 district.

Zoning districts higher than the R5 may have more guest rooms if the minimum parking standards for the additional rooms can be provided on site.

Guest occupancy is limited to the principal structure and an allowed accessory structure only.

(Code 1980, § 55-765; Ord. No. 37095, § 2, 7-26-05; Ord. No. 43728, § 1, 3-5-24)

Sec. 55-766. - Industrial uses.

(a)

Resource extraction. Resource extraction, where permitted, is subject to the following additional requirements:

(1)

Erosion control. A resource extraction use may not increase the amount of storm runoff onto adjacent properties. Erosion control facilities, which may include retention and sediment basins, are required of each facility if necessary.

(2)

Surface drainage. The surface of the use shall not result in the collection or ponding of water unless specifically permitted. Underground drainage is permitted if connected to an existing facility and approved by the public works director.

(3)

Storage of topsoil. Topsoil shall be collected and stored for redistribution following the end of the operation.

(4)

Elimination of hazards. Excavation shall not result in a hazard to any persons or property. The following measures are required:

Restoration of slopes of any excavation to a gradient not exceeding three to one as soon as possible.

Installation of perimeter safety screening.

Installation of visual screening adjacent to any property within a residential or public district.

(5)

Restoration of landscape. The topography and soil of the resource extraction site shall be restored and stabilized within nine months of completion of the operation. The site shall be seeded, planted and contoured in a way that prevents erosion.

(6)

Application for conditional or special use permit. Any conditional or special use permit application for a resource extraction site must include the following additional information:

A detailed grading map, showing existing, interim and final contours.

A proposed sequence for the excavation and restoration of the site.

An assessment of storm runoff problems caused by the excavation and a complete erosion control plan.

An assessment of the effect of the use on the surrounding groundwater table.

Identification of all staging areas for equipment and vehicles within the site.

A plan for perimeter visual and safety screening of the site.

(b)

Scrap and salvage services. Scrap and salvage services are subject to the following additional requirements:

(1)

Compliance with applicable regulations. Each facility shall comply with the provisions of the Omaha Municipal Code, including sections 30-81 through 30-110 for junk dealers.

(2)

Screening. The perimeter of each facility shall be fully enclosed by opaque freestanding fencing or screen walls. Minimum height of this enclosure shall be eight feet, and maximum height shall be ten feet. Construction shall be of a material ap-proved by the planning director. Any such enclosure shall be installed behind landscaped bufferyards required by section 55-716, "Bufferyards."

(3)

Separation. No scrap or salvage use may be established within 300 feet of the nearest property line of an agricultural, residential or office zoning district.

(Code 1980, § 55-766)

Cross reference— Salvage dealers, § 30-81 et seq.

Sec. 55-767. - Miscellaneous uses.

(a)

Construction batch plants; temporary permits. The planning director may issue a temporary permit for the establishment of a construction batch plant in all base districts, except where permitted by right, in the AV (FAA designated air carrier facilities only) and HI districts. Each temporary construction batch plant must meet the following conditions:

(1)

Maximum size. The maximum size of any construction batch plant shall be five acres.

(2)

Relationship to job site. The facility shall be no more than one mile from the closest point of the job site for which material is being supplied. The planning director may increase this maximum distance to no more than three miles if such increase is necessary to avoid routing through local streets or locations near residential or public uses.

(3)

Separation from residential or public uses. No construction batch plant may be established within 600 feet of a developed residential use, a park, or a public or private school.

(4)

Vehicle routing. Vehicles transporting materials from the batch plant to a construction job site must make the minimum possible use of local streets and the maximum possible use of major streets.

(5)

Hours of operation. The facility may operate for no more than 12 hours per day.

(6)

Duration of permit. A permit for a batch plant shall be valid for a maximum period of 180 days.

(7)

Application for approval. Each application for a construction batch plant shall include the following information:

The name and address of the operator of the facility.

The construction job site or job sites served by the proposed facility.

The legal description of the site of the proposed facility.

A site plan, drawn to scale, indicating the location and size of the site and the proposed locations of structures and storage areas, fencing, internal circulation, and curb cuts to public rights-of-way.

Proposed hours of operation.

The proposed route to be used and the construction job site.

(8)

Revocation of permit. The planning director may revoke the temporary permit for one of the following violations:

Failure to operate the facility in accordance with the provisions of this section or with the approved application.

A violation of any city, state, county or federal law.

Denial of access to the site to determine compliance with this section.

Unreasonable noise or disturbance to the surrounding neighborhood.

(b)

Landfills.

(1)

Nonputrescible landfills. Nonputrescible landfills, where allowed by special permit, are subject to the following additional requirements:

Compliance with Code. Each nonputrescible landfill must comply with the applicable provisions of chapter 33 of this Code.

Prevention of hazards. No facility shall present a hazard to surrounding residents or properties.

Minimum separation from residential uses. No facility may be established within 500 feet of a developed residential use.

Restoration of site. The site of a nonputrescible landfill must be restored, stabilized and planted and seeded within nine months after the end of operation.

(2)

Putrescible and nonputrescible landfills. Putrescible and nonputrescible landfills, where allowed by special permit, are subject to the following additional requirements:

Compliance with applicable regulations. Each putrescible and nonputrescible landfill must comply with the applicable provisions of chapter 33 of this Code.

Prevention of hazards. No facility shall present a hazard to surrounding residents or properties.

Minimum separation from other uses. No facility may be established within one-fourth mile of any residential, office or commercial zoning district, or any state or federal highway.

Restoration of site. The site of a putrescible and nonputrescible landfill must be restored, stabilized, planted and seeded within 12 months after the end of the operation. Dissipation of waste products must be accomplished in a manner approved by the director of the county health department and the public works director.

(3)

Exceptions. For the purposes of this article, the following operations shall not be regulated:

Bank stabilization. The use of a site for the uniform placement on an earthen bank, without significant voids, of broken concrete, which may include integral reinforcing metal materials, stone and/or brick, in order to prevent or minimize erosion.

Filling. The use of site for the uniform placement of only earth, sand, broken concrete, which may include integral reinforcing metal materials, stone and/or ceramic or clay brick for the purpose of providing a stable raised grade on the area on which it is placed.

(4)

Disposal of hazardous or toxic waste prohibited. The disposal of hazardous or toxic waste as defined by the Federal Environmental Protection Agency shall be prohibited within the city and its extraterritorial jurisdiction.

(c)

Home occupations. Home occupations are permitted as a secondary use in dwelling units subject to the following conditions:

(1)

External effects. No noise, odors, bright lights or other external effects attributable to the home occupation are noticeable outside of the housing unit.

(2)

Employees. A home occupation may not employ individuals other than the residents of the dwelling unit.

(3)

Display, purchase or sale of commodities. A home occupation may not include on-premises display, purchase or sale of commodities.

(4)

Service traffic. Deliveries or service by commercial vehicles or trucks is prohibited.

(d)

Wind energy conservation systems (WECS). Wind energy conservation systems where permitted, permitted by conditional use permit or permitted by special use permit are , subject to the following requirements:

(1)

Setbacks from lot lines. The minimum required setback from any property line to any tower support base of a WECS is set forth in Table 55-767. Intermediate rotor sizes shall be interpolated. The planning board, in the case of a conditional use permit, or the city council, in the case of a special use permit, may grant exceptions to the setback requirements if it finds that such an exception does not affect surrounding property.

TABLE 55-767. WECS SETBACK

REQUIREMENTS

Rotor Diameter (feet)	Setback Distance (feet)
5	100
10	165
15	220
20	270
25	310
30	340
35	365
40	385

(2)

Separation of tower supports. The minimum distance between the tower support bases of any two WECS under different ownership shall be five times the largest rotor diameter.

(3)

Noninterference with radio and television reception. The WECS operation shall not cause interference to the radio and television reception on adjoining properties.

(4)

Limitation of access. To prevent unauthorized access to the WECS tower, one of the following measures must be provided for any WECS installation:

A fence with a minimum height of six feet, with locking gate, around the tower base.

Termination of ladder or climbing apparatus mounted on the WECS tower no less than 12 feet above grade.

Mounting of WECS tower on a roof top.

(5)

Application for conditional use permit or a special use permit. An application for a conditional use permit or special use permit for a WECS must include the following additional components:

A plan indicating the size and location on the site of the WECS.

Data pertaining to the machine's safety and stability.

Documentation, covenants or easements from adjacent or surrounding property owners providing wind access sufficient for satisfactory operation if such access is necessary.

Certification of approval of the method of interconnection and operation by the Omaha Public Power District.

(Code 1980, § 55-767; Ord. No. 33189, § 1(55-767), 3-1-94; Ord. No. 33891, § 1, 5-21-96; Ord. No. 35727, § 2, 9-25-01; Ord. No. 35728, § 2, 9-25-01; Ord. No. 38592, § 1, 12-8-09)

Cross reference— Landfills, § 33-61 et seq.

Sec. 55-768. - Temporary uses.

(a)

Purpose. This section provides regulations authorizing temporary uses. These provisions are intended to permit occasional uses and activities of short duration, when consistent with the objectives of this chapter and when compatible with surrounding uses. They are further intended to prevent temporary uses from taking on the operating character of permanent uses.

(b)

Temporary use types. The following temporary uses are permitted, subject to the regulations contained within this section:

(1)

Model homes and apartments, contained within the residential development to which they pertain.

(2)

Development sales offices.

A development sales or leasing office may only be established on a platted lot within the subdivision.

A development sales or leasing office may remain in place until 95 percent of the lots therein in the subdivision are sold or 75 percent of the units are occupied.

The sales or leasing office must meet all site development, parking and sign regulations of the base district.

(3)

Public assemblies, displays and exhibits including community and cultural events.

An event shall not be allowed in a residential zoning district, unless it is located on property owned by an allowed civic organization and operated by that organization.

Such uses shall not exceed 14 days in any 90-day period.

(4)

Commercial circuses, carnivals, fairs or similar transient amusement or recreational activities.

Events shall be no closer than 200 feet to an existing dwelling.

Events shall be located in a CC community commercial or more intensive zoning district.

Such uses shall not exceed ten days in any 90-day period.

(5)

Carnivals, fairs or festivals operated by a nonprofit organization.

Events shall be located on property owned by the nonprofit organization, except as provided below.

Events may be located on property not owned by the nonprofit organization provided:

Events shall be no closer than 200 feet to an existing dwelling.

Events shall be located in a CC community commercial or more intensive zoning district.

Such events shall not exceed ten days in any 90-day period.

(6)

Seasonal merchandise sales such as garden centers, farmer's markets, Christmas tree lots or other holiday-related products.

Such uses shall not exceed 90 days in a calendar year or 90 continuous days during two calendar years.

Lots shall not be located in a residential zoning district.

(7)

Construction site offices, if located on the construction site itself.

Such uses shall not remain for a period exceeding the date of the certificate of occupancy.

(8)

Outdoor special sales, including parking lot sales, tent sales, flea markets or similar activities.

Such uses shall not exceed ten days in any 30-day period.

A maximum of three events shall be allowed on a site during one calendar year.

Such sales must be located in commercial or industrial zoning districts.

(9)

Construction batch plants, subject to the provisions of section 55-767(a).

(10)

Additional temporary uses determined to be similar to the previously described temporary uses by the planning director.

Such uses shall be allowed for a period determined by the planning director, but in no case shall such use be allowed for more than one calendar year.

(c)

Required conditions of all temporary uses.

(1)

For purposes of this section, when events are allowed to occur more than once in a year, the time of separation between events on a site shall be measured from the first day of the event.

(2)

Any use or activity to be established on a temporary basis for more than a three-day period during a calendar year shall apply for and receive a temporary use permit.

A temporary use permit shall only remain in effect for the time specified on the permit.

Any use established on a continuing basis for more than the approved temporary time period shall be considered a permanent use.

(3)

Each site occupied by a temporary use shall be left free of debris, litter or other evidence of the use upon its completion or removal.

(4)

The planning director may establish other conditions determined to be necessary to ensure compatibility with surrounding land uses and to minimize potential effects on nearby uses. These conditions may include but not be limited to:

Time and duration of operation;

Temporary arrangements for parking and circulation;

Requirements for visual screening of the activity; and,

Guarantees of site restoration and cleanup.

If the temporary use provides portable restrooms, at least five percent but not less than one unit, must comply with American Disabilities Act Guidelines for Buildings and Facilities Section 4.22 or 4.23. Accessible units shall be identified by the international symbol of accessibility.

(d)

Permit application. An application to conduct a temporary use shall be filed with the building official not less than 14 days before the event, and shall include the following:

(1)

A site plan, drawn to scale and fully dimensioned, showing existing parking and buildings, and the location of the proposed use.

(2)

A statement describing the nature of the proposed temporary use.

(3)

The hours of and duration of, the temporary use.

(4)

Other information, as determined by the planning director, necessary to evaluate the proposed use.

(e)

Issuance of permit.

(1)

The planning director shall approve a temporary use permit only after making the following determinations:

The use will comply with all base district site development regulations.

Time and frequency of operation are acceptable.

The arrangement for parking and circulation allow safe access to the site.

(2)

The hours of operation and duration of the temporary use permit shall be explicitly stated on the permit.

(Code 1980, § 55-768; Ord. No. 33109, § 2, 11-23-93; Ord. No. 35457, § 1, 1-30-01)

Sec. 55-769. - Accessory uses.

(a)

Purpose: This section provides regulations for accessory uses. These provisions are intended to establish the relationship between the principal and accessory uses of a site and to establish allowed uses accessory to each principal use type.

(b)

Principal use includes accessory use: Principal use types specified as permitted, conditional or special uses in this chapter shall include accessory uses and activities identified by these regulations and other accessory uses which are appropriate and incidental to the principal use. Each site containing an accessory use is subject to all regulations for the zoning district unless otherwise provided in these regulations.

(c)

Residential use types: Residential use types may include the following accessory uses, activities and structures on the same site or lot:

(1)

Private garages and parking for the principal use.

(2)

Recreational activities and uses by residents, including structures necessary for such uses.

(3)

Playhouses, gazebos, incidental household storage buildings, and other similar accessory structures.

(4)

Home occupations, subject to section 55-767(c) of these regulations.

(5)

Fuel tanks and generators, electrical transformers, condensers, cooling towers, emergency generators and similar mechanical equipment necessary to support a multifamily principal use. The equipment must be located within the buildable area of the site and be screened from all adjacent property.

(6)

Accessory or garage apartments, subject to conditions set forth in section 55-763 of these regulations.

(7)

Residential convenience services, such as laundry facilities for multiple-family or manufactured housing residential use types. Those services shall be located and operated for residents only, as an integral part of the principal use, and may not be visible or identifiable from outside the site.

(8)

Garage sales, provided that such sales occur no more than two days in any two-month period.

(9)

Other necessary and customary uses determined by the planning director to be appropriate, incidental and subordinate to a principal use.

(10)

Recycling collection point within parking lots for multifamily uses (apartment complex), using either closable containers or a small structure, with no processing of materials.

(d)

Commercial use types: Commercial use types may include the following accessory uses, activities and structures on the same site or lot:

(1)

Parking for the principal use.

(2)

Incidental sale of liquor by the drink, if properly licensed by the state.

(3)

Another commercial or industrial use not otherwise permitted within the zoning district associated with the principal commercial use, subject to the following limitations:

The accessory use produces products which are sold on the premises or operated for the convenience of employees or customers of the principal use.

The accessory use is totally contained within the structure housing the principal use and is not identifiable, detectable or visible from outside the site.

The accessory use occupies less than 25 percent of the total floor area of the use.

The accessory use is not located in an R7 or R8 multiple-family residential district.

(4)

Recycling collection point within a common development shopping center parking lot, using either closable containers or a small structure, with no processing of materials.

(5)

Fuel tanks and generators, electrical transformers, condensers, cooling towers, emergency generators and similar mechanical equipment necessary to support an on-premise principal use. The equipment must be located within the buildable area of the site and be screened from all adjacent property.

(e)

Office use types: Office use types may include the following accessory uses, activities and structures on the same site or lot:

(1)

Parking for the principal use.

(2)

(f)

Industrial use types: Industrial use types may include the following accessory uses, activities and structures on the same site or lot:

(1)

Parking for the principal use.

(2)

Recycling collection point, including processing of material within the parking lot for a general industrial or warehousing and distribution use, using either closable containers or a small structure.

(3)

Fuel tanks and generators, electrical transformers, condensers, cooling towers, emergency generators, and similar mechanical equipment necessary to support an on-premise principal use. The equipment must be located within the buildable area of the site and be screened from all adjacent property.

(g)

Civic and transportation use types: Civic use types may include the following accessory uses, activities and structures on the same site or lot:

(1)

Parking for the principal use.

(2)

Accessory dwellings.

(3)

Food services operated incidental to the principal use and operated primarily for the convenience of employees, residents or users of the principal use. Typical examples include cafeterias and dining halls.

(4)

Incidental sale of liquor by the drink if properly licensed by the state.

(5)

Convenience commercial facilities incidental to the principal use and operated primarily for the convenience of employees, residents or users of the principal use. Typical examples include gift shops, newsstands, and bookstores.

(6)

Recycling collection point within the parking lot for churches, schools, or city-owned facilities using either closable containers or a small structure.

(7)

Day care services (general) incidental to the civic use types as listed in section 55-764.

(8)

(h)

Agricultural use types: Agricultural use types shall include the following accessory uses, activities and structures on the same site or lot:

(1)

Garden centers and roadside stands, as set forth in section 55-762 of these regulations.

(2)

Other uses and activities necessarily and customarily associated with the purpose and functions of agricultural uses.

(Code 1980, § 55-769; Ord. No. 34120, § 1, 2-25-97)

Sec. 55-770. - Outdoor storage.

(a)

Outdoor storage is prohibited in all zoning districts except the GI general industrial district and HI heavy industrial district, or where incidental to and for the primary uses associated with the following use types:

(1)

Agricultural use types. Outdoor storage is permitted where it is incidental to horticulture, crop production, animal production, and commercial feed lots.

(2)

Civic use types. Outdoor storage is permitted where it is incidental to maintenance and service facilities, major utility facilities, and military installations.

(3)

Commercial use types.

(A)

Outdoor storage which is completely screened from visibility at property lines is permitted where it is incidental to body and fender repair service and vehicle storage. Screening methods shall be provided as specified in subsection 55-717(b).

(B)

Outdoor storage is permitted where it is incidental to agricultural sales and services, automotive rentals, automotive sales, equipment rental and sales, construction sales and services, stables, and surplus sales.

(4)

Transportation use types. Outdoor storage is permitted where it is incidental to aviation facilities, railroad facilities, dock facilities, transportation terminals, and truck terminals.

(5)

Industrial use types.

(A)

Outdoor storage which is completely screened from visibility at property lines is permitted where it is incidental to light industry. Screening methods shall be provided as specified by subsection 55-717(b).

(B)

Outdoor storage is permitted where it is incidental to general industry, heavy industry, resource extraction, scrap and salvage services, stockyards, warehousing and distribution (general), meatpacking and related industries, and construction yards.

(6)

Miscellaneous use types. Outdoor storage is permitted where it is incidental to a construction batch plant, nonputrescible landfill, and putrescible and nonputrescible landfill.

(b)

Notwithstanding subsection (a) of this section, outdoor storage in a fully enclosed portable container is permitted in a zoning district other than industrial districts, but only once or twice in any one-year period, for no more than 30 total days during such one-year period; provided, that such time may be extended if the planning director, upon receipt of a written request from the property owner setting forth a hardship or difficulty justifying an extension of time, consents in writing to such extension of time.

(Code 1980, § 55-770; Ord. No. 33810, § 1, 2-6-96; Ord. No. 37505, § 2, 10-17-06)