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Omaha City Zoning Code

ARTICLE VIII

COMMERCIAL DISTRICTS

Sec. 55-342. - General purpose.

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

(a)

To reserve appropriately located area for a broad range of commercial services in the Omaha metropolitan area.

(b)

To recognize the environmental characteristics of different types of commercial development and to establish appropriate land use regulations for each type.

(c)

To ensure adequate access, off-street parking and loading, and other service features for commercial development.

(d)

To promote flexibility in the design and development of commercial services, while maintaining high standards of design and ensuring neighborhood compatibility.

(e)

To facilitate planning for urban services appropriate to anticipated traffic, service requirements, and commercial needs generated by the city and its neighborhoods.

(Code 1980, § 55-342)

Sec. 55-344. - Purpose.

The LC limited commercial district is intended for neighborhood shopping facilities which serve the needs of residents of a surrounding residential community. Allowed commercial and office uses are generally compatible with nearby residential areas. Site development regulations are designed to ensure compatibility in size, scale and site characteristics with a residential environment. LC districts are most appropriate at intersections of collector and/or arterial streets at the edge of or in the core of residential neighborhoods, in planned commercial areas in newly developing residential areas, and in other locations where local commercial services are required.

(Code 1980, § 55-344)

Sec. 55-345. - Permitted uses.

The following use types are permitted:

(a)

Office uses.

Financial services

General offices

Medical offices

(b)

Commercial uses.

Business support services

Consumer convenience services

Consumer repair services

Food sales (limited)

Funeral services

General retail sales

Personal services

Pet services

Restaurant (limited)

(c)

Civic uses.

Administrative services

Cultural services

Day care (limited)

Day care (general)

Emergency residential care

Guidance services

Hospital services (limited)

Local utility services

Park and recreation services

Postal facilities

Recreational clubs

Religious assembly

Social clubs

(d)

Agricultural uses.

Commercial farm
Community garden

(Code 1980, § 55-345; Ord. No. 33545, § 8, 5-2-95; Ord. No. 33902, § 2, 6-11-96; Ord. No. 43400, § 1, 5-2-23)

Sec. 55-346. - Conditional uses.

The following use types are allowed, subject to approval of a conditional use permit, as provided by section 55-346:

(a)

Residential uses.

Single-family (detached)
Single-family (attached)
Duplex residential
Two-family residential
Townhouse residential
Multiple-family residential
Small group living (disabled)
Small group living (nondisabled)
Assisted living

(b)

Civic uses.

College and university facilities
Community recreation
Hospital services (general)
Primary educational facilities
Safety services
Secondary educational facilities

(c)

Commercial uses.

Cocktail lounge
Communications services
Food sales (convenience)
Food sales (general)
Indoor entertainment
Liquor sales
Personal improvement services
Research services
Restaurant (general)
Service station
Veterinary services

(Code 1980, § 55-346; Ord. No. 33545, § 9, 5-2-95; Ord. No. 38198, § 18, 7-29-08; Ord. No. 43542, § 1, 10-2-23)

Sec. 55-347. - Special permit uses.

The following use types are allowed, subject to approval of a special use permit by the city council, as provided by section 55-884:

(a)

Residential uses.

Large group living

(b)

Civic uses.

Transitional living

(c)

Parking uses.

Surface parking

(d)

Miscellaneous uses.

Broadcasting tower
Wind energy conservation system

(Code 1980, § 55-347; Ord. No. 38198, § 18, 7-29-08)

Sec. 55-348. - Site development regulations.

Each site in the LC limited commercial district shall be subject to the following site development regulations:

Regulator   Requirement
Lot area 5,000 square feet minimum
Lot width 50 feet minimum
Floor area ratio 0.50 maximum
Front yard 25 feet minimum
Street side yard 15 feet minimum
Interior side yard 10 feet minimum
Rear yard 15 feet
Height 40 feet
Building coverage 50 percent maximum
Impervious coverage 75 percent maximum

 

(Code 1980, § 55-348)

Sec. 55-349. - Additional regulations.

(a)

Residential uses. Residential uses are allowed as a conditional or special use in the LC district, subject to the site development regulations for residential uses in the R6 low-density multiple-family residential district . Other conditions may be required as part of approval of a use permit.

(b)

Large projects.

(1)

Projects proposed in the LC district for sites of two acres and over or including a building floor area of 20,000 square feet and over are subject to site plan approval, as provided by section 55-882. Site plan approval is further required for projects involving phasing or expansion when the total project meets or exceeds these limits.

(2)

Any project encompassing an area of ten acres or over within an LC district shall require a special permit as set forth in section 55-884. A special permit is further required for projects involving phasing or expansion when the total project is equal to or greater than ten acres.

(Code 1980, § 55-349; Ord. No. 38198, § 18, 7-29-08)

Sec. 55-362. - Purpose.

The CC community commercial district is intended for commercial facilities which serve the needs of several neighborhoods. Allowed commercial and office uses are generally compatible with nearby residential areas. However, uses allowed in the CC district may generate more traffic and have more effect on residential neighborhoods than those allowed in the less intense LC district. Site development regulations are designed to minimize these effects. CC districts usually require access from major streets, primarily minor and major arterials. CC districts are most appropriate at major street intersections, at the edge of residential areas or at the junction of several neighborhoods, and in other areas appropriate for well-developed commercial facilities. The CC district, combined with the MD major development overlay district, provides further thorough review of commercial projects that may be regional in scope. A conditional review process for large projects further assures high development standards for planned commercial facilities.

(Code 1980, § 55-362)

Sec. 55-363. - Permitted uses.

The following use types are permitted:

(a)

Office uses.

Financial services

General offices

Medical offices

(b)

Commercial uses.

Automotive washing

Bed and breakfast inns

Building maintenance services

Business support services

Business or trade school

Cocktail lounge

Communications services

Consumer convenience services

Consumer repair services

Food sales (limited)

Food sales (general)

Food sales (convenience)

Funeral services

General retail sales

Hotel/motel

Indoor entertainment

Liquor sales

Pawnshop services

Personal improvement services

Personal services

Pet services

Restaurant (drive-in)

Restaurant (limited)

Restaurant (general)

Service station

Veterinary services

(c)

Civic uses.

Administrative services

College and university facilities

Cultural services

Day care (limited)

Day care (general)

Emergency residential care

Guidance services

Hospital services (limited)

Hospital services (general)

Local utility services

Park and recreation services

Postal facilities

Recreational clubs

Religious assembly

Secondary educational facilities

Social clubs

(d)

Agricultural uses.

Commercial farm
Community garden

(Code 1980, § 55-363; Ord. No. 33545, § 10, 5-2-95; Ord. No. 37095, § 2, 7-26-05; Ord. No. 43400, § 1, 5-2-23)

Sec. 55-364. - Conditional uses.

The following use types are allowed, subject to approval of a conditional use permit, as provided by section 55-364:

(a)

Residential uses.

Duplex residential
Multiple-family residential
Single-family (attached)
Single-family (detached)
Townhouse residential
Two-family residential
Small group living (disabled)
Small group living (nondisabled)
Assisted living

(b)

Civic uses.

Primary educational facilities
Public assembly
Safety services

(c)

Commercial uses.

Agricultural sales and service
Auto repair services
Indoor sports and recreation
Laundry services
Research services

(d)

Parking.

Parking structure
Surface parking

(e)

Industrial uses.

Warehousing and distribution (limited).

(Code 1980, § 55-364; Ord. No. 33545, § 11, 5-2-95; Ord. No. 38198, § 19, 7-29-08; Ord. No. 43542, § 1, 10-2-23)

Sec. 55-365. - Special permit uses.

The following use types are allowed, subject to approval of a special use permit by the city council, as provided by section 55-884:

(a)

Residential uses.

Large group living

(b)

Civic uses.

Transitional living

(c)

Commercial uses.

Automotive rentals
Automotive sales
Construction sales and service
Convenience storage
Exterminating services
Surplus sales

(d)

Transportation uses.

Transportation terminal

(e)

Industrial uses.

Custom manufacturing

(f)

Miscellaneous uses.

Broadcasting tower
Wind energy conservation system

(Code 1980, § 55-365; Ord. No. 38198, § 19, 7-29-08)

Sec. 55-366. - Site development regulations.

Each site in the CC community commercial district shall be subject to the following site development regulations:

Regulator Requirement
Lot area 5,000 square feet minimum
Lot width 50 feet minimum
Floor area ratio 1.0 maximum
Front yard 25 feet minimum
Street side yard 15 feet minimum
Interior side yard No requirement
Rear yard 15 feet
Height 60 feet maximum; 45 feet maximum where building is within 100 feet of property classified as R6 or lower intensity district
Building coverage 60 percent maximum
Impervious coverage 85 percent maximum

 

(Code 1980, § 55-366)

Sec. 55-367. - Additional regulations.

(a)

Residential uses. Residential uses are allowed in the CC district as a special or conditional use subject to the site development regulations for residential uses in the R7 medium-density multiple-family district . Other conditions may be required as part of approval of a special or conditional use permit.

(b)

Large projects.

(1)

Projects proposed in the CC district for sites of four acres and over or including a building floor area of 40,000 square feet and over are subject to site plan approval, as set forth in section 55-882. Site plan approval is further required for projects involving phasing or expansion when the total project meets or exceeds these limits.

(2)

Any project encompassing an area of ten acres or over within the CC district shall require a special permit as set forth in section 55-884. A special permit is further required for projects involving phasing or expansion when the total project is equal to or greater than ten acres.

(Code 1980, § 55-367)

Sec. 55-382. - Purpose.

The NBD neighborhood business district is designed for established local business districts in the city. These districts were the commercial cores of towns that the city eventually annexed or developed along or at the intersections of public transportation routes. The NBD district accommodates the physical features of these commercial areas which are different from newly developing commercial districts. Uses are permitted in the NBD district which preserve the scale and integrity of such districts. In addition, mixed uses are encouraged in such districts.

(Code 1980, § 55-382)

Sec. 55-383. - Permitted uses.

The following use types are permitted:

(a)

Residential uses.

Single-family (detached)
Single-family (attached)
Duplex residential
Two-family residential
Townhouse residential
Multiple-family residential
Small group living (disabled)
Small group living (nondisabled)
Assisted living

(b)

Civic uses.

Administrative services
Cultural services
Day care (limited)
Day care (general)
Guidance services
Local utility services
Park and recreation services
Postal facilities
Recreational clubs
Religious assembly
Social clubs

(c)

Office uses.

Financial services
General offices
Medical offices

(d)

Commercial uses.

Bed and breakfast inns
Building maintenance services
Business support services
Business or trade school
Cocktail lounge
Communications services
Consumer convenience services
Consumer repair services
Food sales (limited)
Food sales (general)
Funeral services
General retail sales
Indoor entertainment
Liquor sales
Pawnshop services
Personal improvement services
Personal services
Pet services
Research services
Restaurant (limited)
Restaurant (general)
Veterinary services

(e)

Agricultural uses.

Commercial farm
Community garden

(Code 1980, § 55-383; Ord. No. 33545, § 12, 5-2-95; Ord. No. 38198, § 20, 7-29-08; Ord. No. 43400, § 1, 5-2-23; Ord. No. 43542, § 1, 10-2-23)

Sec. 55-384. - Conditional uses.

The following use types are allowed, subject to approval of a conditional use permit, as provided by section 55-883:

(a)

Residential uses.

Large group living

(b)

Civic uses.

College and university facilities

Community recreation

Convalescent services

Primary educational facilities

Public assembly

Safety services

Secondary educational facilities

(c)

Commercial uses.

Agricultural sales and service

Auto rentals

Auto sales

Food sales (convenience)

Indoor sports and recreation

Hotel/motel

Laundry services

Service station

(d)

Parking uses.

Parking structure

Surface parking

(e)

Industrial uses.

Custom manufacturing

(Code 1980, § 55-384; Ord. No. 33545, § 13, 5-2-95; Ord. No. 38198, § 20, 7-29-08)

Sec. 55-385. - Special permit uses.

The following use types are allowed, subject to approval of a special use permit by the city council, as provided by section 55-884:

(a)

Civic uses.

Transitional living

(b)

Commercial uses.

Automotive washing

Construction sales and service

Exterminating services

Restaurant (drive-in)

(c)

Transportation uses.

Transportation terminal

(d)

Miscellaneous uses.

Broadcasting tower

(Code 1980, § 55-385; Ord. No. 38198, § 20, 7-29-08)

Sec. 55-386. - Site development regulations.

Each site in the NBD neighborhood business district shall be subject to the following site development regulations:

Regulator   Requirement
Lot area No requirement
Lot width No requirement
Site area/dwelling unit 200 square feet minimum
Floor area ratio 3.0 maximum
Front yard No requirement
Side yard No requirement
Rear yard No requirement
Height 60 feet maximum
Building coverage 100 percent permitted
Impervious coverage 100 percent permitted

 

(Code 1980, § 55-386)

Sec. 55-387. - Additional regulations.

(a)

Residential uses.

(1)

Residential uses allowed in the NBD district are subject to compliance with all applicable International Building Code regulations.

(b)

Parking regulations. Uses in the NBD district are exempt from requirements for off-street parking provided by section 55-734.

(c)

Large projects. Projects proposed in the NBD district for sites of one acre and over or including a building floor area of 20,000 square feet and over are subject to site plan approval, as set forth in section 55-882. Site plan approval is further required for projects involving phasing or expansion when the total project meets or exceeds these limits.

(Code 1980, § 55-387; Ord. No. 38347, § 1, 2-3-09)

Sec. 55-402. - Purpose.

The GC general commercial district is intended for a wide variety of commercial uses and limited industrial facilities. Uses allowed in the GC district may generate sufficient traffic or have operating characteristics which make them generally incompatible with residential areas or lower intensity commercial and office districts. GC districts require access from major streets, primarily minor and major arterials. GC districts are most appropriate along arterials, at major intersections, and in areas appropriate for commercial uses which are relatively well insulated from residential districts.

(Code 1980, § 55-402)

Sec. 55-403. - Permitted uses.

The following use types are permitted:

(a)

Office uses.

Financial services

General offices

Medical offices

(b)

Commercial uses.

Agricultural sales and service

Automotive washing

Auto rental

Auto repair services

Bed and breakfast inns

Building maintenance services

Business support services

Business or trade school

Cocktail lounge

Communications services

Construction sales and services

Consumer convenience services

Consumer repair services

Equipment rental and sales

Equipment repair services

Exterminating services

Food sales (limited)

Food sales (general)

Food sales (convenience)

Funeral services

General retail sales

Hotel/motel

Indoor entertainment

Indoor sports and recreation

Laundry services

Liquor sales

Pawnshop services

Personal improvement services

Personal services

Pet services

Research services

Restaurant (drive-in)

Restaurant (limited)

Restaurant (general)

Service station

Veterinary services

(c)

Transportation uses.

Transportation terminal

(d)

Industrial uses.

Custom manufacturing

(e)

Civic uses.

Administrative services

Cultural services

Day care (limited)

Day care (general)

Emergency residential care

Guidance services

Hospital services (limited)

Hospital services (general)

Local utility services

Park and recreation services

Postal facilities

Public assembly

Recreational clubs

Religious assembly

Social clubs

(f)

Agricultural uses.

Commercial farm
Community garden

(Code 1980, § 55-403; Ord. No. 33545, § 14, 5-2-95; Ord. No. 36246, § 2, 4-29-03; Ord. No. 37095, § 2, 7-26-05; Ord. No. 43400, § 1, 5-2-23)

Sec. 55-404. - Conditional uses.

The following use types are allowed, subject to approval of a conditional use permit, as provided by section 55-404:

(a)

Residential uses.

Single-family (detached)
Single-family (attached)
Duplex residential
Two-family residential
Townhouse residential
Multiple-family residential
Large group living
Small group living (disabled)
Small group living (nondisabled)
Assisted living

(b)

Civic uses.

College and university facilities
Safety services
Secondary educational facilities

(c)

Commercial uses.

Kennels
Outdoor sports and recreation
Surplus sales

(d)

Parking uses.

Parking structure
Surface parking

(e)

Industrial uses.

Warehousing and distribution (limited)

(Code 1980, § 55-404; Ord. No. 33545, § 15, 5-2-95; Ord. No. 38198, § 21, 7-29-08; Ord. No. 43542, § 1, 10-2-23)

Sec. 55-405. - Special permit uses.

The following use types are allowed, subject to approval of a special use permit by the city council, as provided by section 55-884:

(a)

Civic uses.

Transitional living
Maintenance and service facilities

(b)

Commercial uses.

Auto sales

Body and fender repair services

Convenience storage

Vehicle storage

(c)

Miscellaneous uses.

Broadcasting tower
Wind energy conservation system

(Code 1980, § 55-405; Ord. No. 36246, § 2, 4-29-03; Ord. No. 38198, § 21, 7-29-08)

Sec. 55-406. - Site development regulations.

Each site in the GC general commercial district shall be subject to the following site development regulations:

Regulator Requirement
Lot area 5,000 square feet minimum
Lot width 50 feet minimum
Floor area ratio 2.0 maximum
Front yard The greater of 15 feet or 50 feet from the center line of the fronting street
Street side yard The greater of 15 feet or 50 feet from the center line of the fronting street
Interior side yard No requirement
Rear yard 15 feet
Height 75 feet maximum; 45 feet maximum where building is within 100 feet of property classified as R6 or a lower intensity district
Building coverage 70 percent maximum
Impervious coverage 90 percent maximum

 

(Code 1980, § 55-406)

Sec. 55-407. - Additional regulations.

(a)

Residential uses. Residential uses are allowed as a conditional use in the GC district, subject to the site development regulations for residential uses in the R8 high-density multiple-family residential district. Other conditions may be required as part of approval of a conditional use permit.

(b)

Large projects.

(1)

Projects proposed in the GC district for sites of four acres and over or including a building floor area of 40,000 square feet and over are subject to site plan approval, as set forth in section 55-882. Site plan approval is further required for projects involving phasing or expansion when the total project meets or exceeds these limits.

(2)

Any project encompassing an area of ten acres or over within a GC district shall require a special permit as set forth in section 55-884. A special permit is further required for projects involving phasing or expansion when the total project is equal to or greater than ten acres.

(Code 1980, § 55-407)

Sec. 55-422. - Purpose.

The CBD central business district is designed to provide appropriate development regulations for downtown Omaha. Uses are permitted in downtown Omaha which are consistent with the future development and revitalization of the city's core. Mixed uses are allowed and encouraged within the CBD district. Additional provision is made for future combining districts, which provide more specific development controls for parts of downtown with distinctive physical characteristics.

(Code 1980, § 55-422)

Sec. 55-423. - Permitted uses.

The following use types are permitted:

(a)

Residential uses.

Single-family residential (detached)
Single-family residential (attached)
Duplex recreational
Two-family residential
Townhouse residential
Multiple-family residential
Small group living (disabled)
Small group living (nondisabled)
Assisted living

(b)

Civic uses.

Administrative services
College and university facilities
Community recreation
Cultural services
Day care (limited)
Day care (general)
Emergency residential care
Guidance services
Hospital services (limited)
Hospital services (general)
Local utility services
Park and recreation services
Postal facilities
Public assembly
Recreational clubs
Religious assembly
Secondary educational facilities
Social clubs

(c)

Office uses.

Financial services
General offices
Medical offices

(d)

Commercial uses.

Building maintenance services
Business support services
Business or trade school
Cocktail lounge
Communications services
Consumer convenience services
Consumer repair services
Exterminating services
Food sales (limited)
Food sales (general)
Food sales (convenience)
Funeral services
General retail sales
Hotel/motel
Indoor entertainment
Indoor sports and recreation
Laundry services
Liquor sales
Pawnshop services
Personal improvement services
Personal services
Pet services
Research services
Restaurant (limited)
Restaurant (general)
Service station
Veterinary services

(e)

Transportation uses.

Transportation terminal

(f)

Industrial uses.

Custom manufacturing
Warehousing and distribution (limited)

(g)

Parking uses.

Parking structure

(h)

Agricultural uses.

Commercial farm
Community garden

(Code 1980, § 55-423; Ord. No. 33545, § 16, 5-2-95; Ord. No. 38198, § 22, 7-29-08; Ord. No. 43400, § 1, 5-2-23; Ord. No. 43542, § 1, 10-2-23)

Sec. 55-424. - Conditional uses.

The following use types are allowed, subject to approval of a conditional use permit, as provided by section 55-883:

(a)

Residential uses.

Large group living

(b)

Civic uses.

Convalescent services
Noncommercial day shelters
Primary educational facilities
Safety services

(c)

Commercial uses.

Auto rentals
Auto sales
Automotive washing
Construction sales and services
Outdoor entertainment
Outdoor sports and recreation

(d)

Parking uses.

Surface parking

(Code 1980, § 55-424; Ord. No. 33545, § 17, 5-2-95; Ord. No. 38198, § 22, 7-29-08)

Sec. 55-425. - Special permit uses.

The following use types are allowed, subject to approval of a special use permit by the city council, as provided by section 55-884:

(a)

Civic uses.

Detention facility
Transitional living

(b)

Commercial uses.

Restaurant (drive-in)

(c)

Industrial uses.

Light industry
Warehousing and distribution (general)

(d)

Miscellaneous uses.

Broadcasting tower

(Code 1980, § 55-425; Ord. No. 38198, § 22, 7-29-08)

Sec. 55-426. - Site development regulations.

Each site in the CBD central business district shall be subject to the following site development regulations:

Regulator Requirement
Lot area No requirement
Lot width No requirement
Site area/dwelling unit 100 square feet minimum
Floor area ratio 10.0 maximum
Front yard No requirement
Street side yard No requirement
Interior side yard No requirement
Rear yard No requirement
Height No requirement
Building coverage 100 percent permitted
Impervious coverage 100 percent permitted

 

(Code 1980, § 55-426)

Sec. 55-427. - Additional regulations.

(a)

Residential uses. Residential uses allowed in the CBD district are subject to compliance with all applicable International Building Code regulations.

(b)

Parking regulations. Uses in the CBD district are exempt from requirements for off-street parking provided by section 55-734.

(c)

CBD overlay districts.

(1)

Within the CBD district, overlay districts may be established with approval of the city council for areas with special physical or land use characteristics.

(2)

Overlay districts within the CBD district may modify, restrict or augment allowed uses and site development regulations of the basic CBD district.

(d)

Large projects. Projects proposed in the CBD district for sites over 0.8 acre are subject to site plan review, as set forth in section 55-882. Site plan approval is further required for projects involving phasing or expansion when the total project meets or exceeds this limit.

(Code 1980, § 55-427; Ord. No. 38347, § 2, 2-3-09)

Sec. 55-428. - Floor area bonuses.

Floor area bonuses shall be granted in the CBD district which encourage certain development features that produce public benefits and further planning objectives for the central business district.

(a)

Street level commercial uses.

(1)

Purpose. This subsection is intended to provide an incentive for the location of commercial uses on the street level of buildings. Such uses encourage pedestrian traffic and contribute to street activity.

(2)

Qualifying commercial uses.

a.

Location of the following commercial use types on the street level shall qualify for the floor area bonus specified in this subsection:

Food sales
General retail sales
Restaurants

b.

All qualifying commercial uses must be visible from and accessible to the sidewalk adjacent to the use.

(3)

Calculation of floor area bonus. Calculation of the floor area bonus shall be based upon the percentage of the linear street level frontage of a building that is devoted to qualifying commercial use types, as set forth in table 55-428(1).

TABLE 55-428(1). FLOOR AREA
BONUS FOR STREET LEVEL
COMMERCIAL USE

Percentage of Street
Level Frontage Devoted
to Qualifying
Commercial Use
Bonus as Percentage
Increase in
Permitted Floor
Area Ratio
10—29% 10%
30—50% 15%
Over 50% 20%

 

(b)

Skywalks.

(1)

Purpose. This subsection is intended to encourage the development of a continuous network of downtown skywalks, in accordance with the downtown development plan approved by the city council.

(2)

Eligible improvements. A project must meet the following requirements in order to be eligible for the floor area bonus specified in this subsection:

a.

Construction of one or more skywalks connected to the project consistent with skywalk construction and design standards adopted by the city council and in accordance with the downtown development plan.

b.

Dedication of easements, acceptable to the city, through the project connecting the skywalk to the street and to other skywalks in the overall network proposed by the downtown development plan.

c.

Provision of uniform directional graphics within skywalks and easements, according to skywalk design and construction standards adopted by the city council and acceptable to the city.

(3)

Calculation of floor area bonus. Calculation of the floor area bonus shall be as set forth in table 55-428(2).

TABLE 55-428(2). FLOOR AREA
BONUS FOR SKYWALK
DEVELOPMENT

Improvement Bonus as Percentage
Increase in
Permitted Floor
Area Ratio
Dedication of easements without construction of skywalks 10%
Construction of skywalk or skywalks along with dedication of easements 30%

 

(c)

Residential development.

(1)

Purpose. The purpose of this subsection is to encourage the inclusion of housing within projects in downtown Omaha. The subsection further encourages the development of mixed use projects which incorporate housing into principally commercial or office projects.

(2)

Qualifying residential uses. The provision of any residential use permitted in the CBD district shall qualify for the floor area bonus specified in this subsection.

(3)

Calculation of floor area bonus. Calculation of the floor area bonus shall be as set forth in table 55-428(3).

TABLE 55-428(3). FLOOR AREA
BONUS FOR RESIDENTIAL
DEVELOPMENT

Percentage of Gross
Floor Area of Project
Devoted to
Residential Use
Bonus as Percentage
Increase in
Permitted Floor
Area Ratio
10—29% 10%
30—50% 20%
Over 50% 30%

 

(d)

Incorporation of off-street parking.

(1)

Purpose. This subsection is intended to encourage projects to incorporate off-street parking within the exterior walls of the project or in parking structures adjacent to and connected with the project.

(2)

Required off-street parking for bonus eligibility. At least one parking space for each two housing units, or one parking space for each 1,000 square feet of gross floor area for any nonresidential use, must be provided for a project to be eligible for the floor area bonus.

(3)

Eligible methods for providing off-street parking. Off-street parking may be incorporated into a project as follows to qualify for the floor area bonus:

a.

Inclusion of one or more off-street parking levels within the exterior walls of the project.

b.

Construction of a parking structure adjacent to the project or, if not adjacent, connected to the project by an enclosed pedestrian path.

c.

Provision of surface parking shall not qualify a project for the floor area bonus.

(4)

Any project meeting items (2) and (3) of this subsection shall receive a 30 percent increase in the permitted floor area ratio within the CBD district.

(e)

Street landscaping.

(1)

Purpose. This subsection is intended to encourage installation of street landscaping on public sidewalks adjacent to downtown development projects, in accordance with the downtown development plan and design and construction standards adopted by the city council.

(2)

Qualifying improvements. A project must meet the following requirements in order to qualify for the floor area bonus set forth in this subsection:

a.

Installation of street trees along all sidewalks adjacent to the project of an approved size and species, as set forth in design and construction standards adopted by the city council. Street trees shall be spaced at no greater than 25 feet on center, unless specifically permitted by the planning director.

b.

Installation of new sidewalks adjacent to the project, incorporating a paving pattern approved by the planning director and consistent with adopted design and construction standards.

c.

Installation of granite curbs on all adjacent street frontages, consistent with design and construction standards.

(3)

Calculation of the floor area bonus. Calculation of the floor area bonus shall be as set forth in table 55-428(4).

TABLE 55-428(4). FLOOR AREA
BONUS FOR STREET
LANDSCAPING

Improvement Bonus as Percentage
Increase in Permitted
Floor Area Ratio
Installation of street trees only 10%
Installation of street trees with sidewalks and granite curb construction 20%

 

(f)

Administration of floor area bonus provisions.

(1)

The floor area bonus provisions shall be administered by the planning director. The planning director shall act on all applications for floor area bonuses within ten days of submittal of an application.

(2)

An applicant may appeal a denial of a floor area bonus application to the city council.

(Code 1980, § 55-428)

Sec. 55-442. - Purpose.

The DS downtown service district applies to area on the periphery of the central business district. These areas characteristically display a mixture of residential, commercial, office and light industrial uses. These uses require close proximity to downtown Omaha and occasionally have operating characteristics that are not appropriate in other commercial zoning districts. The DS district also is intended to respond to the continued growth of downtown Omaha and accommodate development which supports this growth.

(Code 1980, § 55-442)

Sec. 55-443. - Qualifications for designation.

(a)

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

(b)

Location. Each DS district must be adjacent to the CBD district or within 1,000 feet of the CBD district.

(c)

Land use. A DS district must have a minimum of 20 percent of its land area in industrial or transportation uses, and a minimum of 20 percent of its land area in commercial, office, civic or residential uses at the time of application of the district.

(Code 1980, § 55-443)

Sec. 55-444. - Permitted uses.

The following use types are permitted:

(a)

Residential uses.

Single-family residential (detached)
Single-family residential (attached)
Duplex residential
Two-family residential
Townhouse residential
Multiple-family residential
Small group living (disabled)
Small group living (nondisabled)
Assisted living

(b)

Civic uses.

Administrative services
College and university facilities
Community recreation
Cultural services
Day care (limited)
Day care (general)
Emergency residential care
Guidance services
Hospital services (limited)
Hospital services (general)
Local utility services
Park and recreation services
Postal facilities
Public assembly
Recreational clubs
Religious assembly
Secondary educational facilities
Social clubs

(c)

Office uses.

Financial services
General office
Medical offices

(d)

Commercial uses.

Agricultural sales and service
Auto rentals
Auto repair services
Auto sales
Automotive washing
Building maintenance services
Business support services
Business or trade school
Cocktail lounge
Communications services
Consumer convenience services
Consumer repair services
Equipment rental and sales
Equipment repair services
Exterminating services
Food sales (limited)
Food sales (general)
Food sales (convenience)
Funeral services
General retail sales
Hotel/motel
Indoor entertainment
Indoor sports and recreation
Laundry services
Liquor sales
Pawnshop services
Personal improvement services
Personal services
Pet services
Research services
Restaurant (drive-in)
Restaurant (limited)
Restaurant (general)
Service station
Veterinary services

(e)

Industrial uses.

Custom manufacturing
Light industry
Warehousing and distribution (limited)

(f)

Transportation uses.

Railroad facilities
Dock facilities
Transportation terminal

(g)

Parking uses.

Parking structure
Surface parking

(h)

Agricultural uses.

Commercial farm
Community garden

(Code 1980, § 55-444; Ord. No. 33545, § 18, 5-2-95; Ord. No. 38198, § 23, 7-29-08; Ord. No. 38848, § 1, 10-26-10; Ord. No. 43400, § 1, 5-2-23; Ord. No. 43542, § 1, 10-2-23)

Sec. 55-445. - Conditional uses.

The following uses are permitted, subject to approval of a conditional use permit, as set forth in section 55-883:

(a)

Residential uses.

Large group living

(b)

Civic uses.

Convalescent services
Maintenance and service facilities
Noncommercial day shelters
Primary educational facilities
Safety services

(c)

Commercial uses.

Body and fender repair services
Construction sales and services
Outdoor entertainment
Outdoor sports and recreation
Surplus sales
Vehicle storage

(d)

Industrial uses.

Warehousing and distribution (general)

(e)

Transportation uses.

Truck terminal

(Code 1980, § 55-445; Ord. No. 33545, § 19, 5-2-95; Ord. No. 38198, § 23, 7-29-08)

Sec. 55-446. - Special permit uses.

The following uses are permitted subject to approval of a special use permit by the city council, as set forth in section 55-884:

(a)

Civic uses.

Detention facility
Transitional living

(b)

Commercial uses.

Convenience storage

(c)

Industrial uses.

Construction yards

General industry

Scrap and salvage services

(d)

Miscellaneous uses.

Broadcasting tower

(Code 1980, § 55-446; Ord. No. 38198, § 23, 7-29-08)

Sec. 55-447. - Site development regulations.

Each site in the DS downtown service district shall be subject to the following site development regulations:

Regulator   Requirement
Lot area No requirement
Lot width No requirement
Site area/dwelling unit 200 square feet minimum
Floor area ratio 5.0 maximum
Front yard No requirement
Street side yard No requirement
Interior side yard No requirement
Height No requirement
Building coverage 100 percent permitted
Impervious coverage 100 percent permitted

 

(Code 1980, § 55-447)

Sec. 55-462. - Purpose.

The CH highway commercial services district is intended to accommodate commercial and limited industrial facilities with access needs which demand location along major arterials and highways. Uses allowed in the CH district are frequently automobile oriented. These uses have traffic generating, operating, lighting and other characteristics which may make them incompatible with adjacent residential or other limited intensity uses. The CH district is most appropriate along or at intersections of major arterials, at highway interchanges, and in other areas of heavy automobile traffic which are well insulated from residential districts.

(Code 1980, § 55-462)

Sec. 55-463. - Permitted uses.

The following use types are permitted:

(a)

Office uses.

Financial services

General offices

Medical offices

(b)

Commercial uses.

Agricultural sales and service

Auto rentals

Auto repair services

Auto sales

Automotive washing

Building maintenance services

Business support services

Business or trade school

Campground

Cocktail lounge

Communications services

Construction sales and services

Consumer convenience services

Consumer repair services

Equipment rental and sales

Equipment repair services

Exterminating services

Food sales (limited)

Food sales (general)

Food sales (convenience)

Funeral services

General retail sales

Hotel/motel

Indoor entertainment

Indoor sports and recreation

Laundry services

Liquor sales

Outdoor entertainment

Outdoor sports and recreation

Pawnshop services

Personal improvement services

Personal services

Pet services

Research services

Restaurant (drive-in)

Restaurant (limited)

Restaurant (general)

Service stations

Surplus sales

Vehicle storage

Veterinary services

(c)

Civic uses.

Administrative services

Emergency residential care

Guidance services

Hospital services (limited)

Hospital services (general)

Local utility services

Park and recreation services

Postal facilities

Public assembly

Recreational clubs

Religious assembly

Social clubs

(d)

Parking uses.

Surface parking

(e)

Transportation uses.

Transportation terminal
Truck terminal

(f)

Industrial uses.

Custom manufacturing
Warehousing and distribution (limited)

(g)

Agricultural uses.

Commercial farm
Community garden

(Code 1980, § 55-463; Ord. No. 33545, § 20, 5-2-95; Ord. No. 43400, § 1, 5-2-23)

Sec. 55-464. - Conditional uses.

The following use types are allowed, subject to approval of a conditional use permit, as provided by section 55-883:

(a)

Residential uses.

Large group living

(b)

Civic uses.

College and university facilities
Cultural services
Day care (limited)
Day care (general)
Safety services
Secondary educational facilities

(c)

Commercial uses.

Body and fender repair services
Convenience storage
Kennels

(d)

Parking uses.

Parking structure

(Code 1980, § 55-464; Ord. No. 33545, § 21, 5-2-95; Ord. No. 38198, § 24, 7-29-08)

Sec. 55-465. - Special permit uses.

The following use types are allowed, subject to approval of a special use permit by the city council, as provided by section 55-884:

(a)

Civic uses.

Transitional living
Maintenance and service facilities

(b)

Transportation uses.

Railroad facilities

(c)

Industrial uses.

Construction yards

Light industry

Scrap and salvage services

Warehousing and distribution (general)

(d)

Miscellaneous uses.

Broadcasting tower

Nonputrescible landfill

Wind energy conservation system

(Code 1980, § 55-465; Ord. No. 38198, § 24, 7-29-08)

Sec. 55-466. - Site development regulations.

Each site in the CH highway commercial services district shall be subject to the following site development regulations:

Regulator   Requirement
Lot area 10,000 square feet minimum
Lot width 100 feet minimum
Floor area ratio 1.0 maximum
Front yard 35 feet minimum
Street side yard 20 feet minimum
Interior side yard 5 feet minimum
Rear yard 15 feet minimum
Height 40 feet maximum
Building coverage 50 percent maximum
Impervious coverage 90 percent maximum

 

(Code 1980, § 55-466)

Sec. 55-467. - Additional regulations.

Large projects. Projects proposed in the CH district for sites of six acres and over or including a building floor area of 40,000 square feet and over are subject to site plan approval, as set forth in section 55-882. Site plan approval is further required for projects involving phasing or expansion when the total project meets or exceeds these limits.

(Code 1980, § 55-467)