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Seward City Zoning Code

PART 2

Zoning Districts

§ 410-4.1 Purpose.

Zoning districts are established in the zoning regulations to promote compatible land use patterns and to establish site development regulations appropriate to the purposes and specific nature of each district.

§ 410-4.2 Establishment of districts.

The following base districts and overlay districts are hereby established:
Base Zoning Districts
District Name
AG
Agricultural/Urban Reserve District
RR
Rural Residential District
R-1
Urban Residential Low-Density District
R-2
Urban Residential Moderate-Density District
R-3
Urban Residential Mixed-Density District
R-4
Urban Residential High-Density District
RM
Mobile Home Residential District
UC
Urban Corridor Mixed Use District
C-1
Community Commercial District
C-2
Highway Commercial District
CBD
Downtown Seward Mixed Use District
BP
Business Park District
I-1
Limited Industrial District
I-2
General Industrial District
Special Districts
District Name
MU
Mixed Use Special District
U/MU
University Mixed Use District
C/OS
Conservation/Open Space District
Overlay Districts
District Name
PUD
Planned Unit Development Overlay District
TND
Traditional Neighborhood Development Overlay District
RC
Rural Conservation Development Overlay District
ND
Historic and Neighborhood Conservation Overlay District
FP/FW
Floodplain Overlay District
AV
Aviation Overlay District

§ 410-4.3 Application of districts.

A. 
A base district designation shall apply to each lot or site within the City and its planning jurisdiction. A site must be in one base district.
B. 
Overlay districts may be applied to any lot or site or any portion thereof, in addition to a base district designation.
C. 
Special districts stand alone as a base district.

§ 410-4.4 Hierarchy.

References in the Unified Land Development Ordinance to less intensive or more intensively urbanized districts shall be deemed to refer to those agricultural, residential, commercial, and industrial base zoning districts established in § 410-4.2, and shall represent a progression from the AG Agricultural District as the least intensively urbanized to the I-2 General Industrial District as the most intensively urbanized.

§ 410-4.5 Development regulations.

For each zoning district, permitted uses are set forth in the Use Matrix. Individual sections describe the purpose and specific development regulations for each zoning district. Supplemental regulations may affect specific land uses or development regulations in each zoning district. The applicable supplemental regulations are noted in Use Matrix.[1]
[1]
Editor's Note: The Use Matrix is included as an attachment to this chapter.

§ 410-4.6 Zoning Map.

A. 
Adoption of Zoning Map. Boundaries of zoning districts established by these zoning regulations shall be shown on the Zoning Map maintained by the City Clerk. This map shall bear the signature of the Mayor attested by the City Clerk under the certification that this is the Official Zoning Map referred to by this chapter. This map, together with all legends, references, symbols, boundaries, and other information, shall be adopted as a part of and concurrent with these regulations. Said Zoning Map shall be on file with the City Clerk and shall be readily accessible to the public at Seward City Hall.
B. 
Changes to Zoning Map. The City Council may from time to time adopt a new Official Zoning Map which shall supersede the prior Official Zoning Map, in the event that the Official Zoning Map becomes damaged or destroyed, or for purposes of clarity due to a number of boundary changes, or to correct drafting errors or omissions; provided, however, that any such adoption shall not have the effect of amending the original Unified Land Development Ordinance or any subsequent amendment thereof.

§ 410-4.7 Interpretation of district boundaries.

The following rules shall apply in determining the boundaries of any zoning district shown on the Zoning Map:
A. 
Where district boundaries are indicated as approximately following lot lines, such lot lines shall be considered the district boundaries.
B. 
Where district boundaries are indicated as within a street or alley, railroad, streams or creeks, or other identifiable rights-of-way, the center line of such rights-of-way shall be deemed the district boundary.
C. 
Where a district boundary divides a property, the location of the boundary shall be determined by the use of the scale appearing on the Zoning Map.
D. 
Where district boundaries are indicated as approximately following corporate limits, such corporate limits shall be considered the district boundaries.
E. 
Where district boundaries are indicated as approximately following section lines, quarter-section lines, or quarter-quarter-section lines, such lines shall be considered the district boundaries.
F. 
Boundaries not capable of being determined as set forth in Subsections A through E shall be as dimensioned on the Official Zoning Map or if not dimensioned shall be determined by the scale shown on the map.

§ 410-4.8 Vacation of streets and alleys.

[Amended 3-18-2025 by Ord. No. 2025-8]
Whenever a public street or alley is vacated, the zoning district adjoining each side of such right-of-way shall be extended out to the former center line, unless the entirety of the vacated public street or alley is sold, conveyed, exchanged, or leased to a single abutting property, then the zoning district will be extended to align with that property.

§ 410-4.9 Annexation of territory.

All unimproved or agricultural territory that may hereafter be annexed to the City shall be considered as lying in the AG Agricultural District until such classification shall be changed as provided by this chapter. Any improved property that is annexed into the City shall be zoned according to the zoning district that most nearly describes either its present use or the use proposed by Seward's Comprehensive Development Plan. This zoning shall be established by the Planning Commission and the City Council at the time of annexation.

§ 410-4.10 Required conformance.

Except as specified in this chapter, no building or structure shall be erected, converted, enlarged, reconstructed or structurally altered, nor shall any building or land be used, which does not comply with all of the district regulations established by this chapter for the district in which the building or land is located.

§ 410-4.11 Required frontage.

No lot shall contain any building used in whole or in part for residence purposes unless such lot abuts for at least 20 feet on at least one public street, or unless it has an exclusive unobstructed private easement of access or right-of-way of at least 20 feet wide to a street; and there shall be not more than one single-family dwelling for such frontage or easement, except that a common easement of access at least 50 feet wide may be provided for two or more such single-family dwellings or for one or more two-family or multiple dwellings.

§ 410-4.12 Use Matrix; levels of permitted uses.

Within zoning districts in Seward, different uses are permitted with different conditions. These are displayed in the Use Matrix.[1] Levels of permission include:
A. 
Uses which are permitted by right. These uses are permitted subject to issuance of a building permit by the Building Official, subject only to compliance with all regulations of this chapter. Uses permitted by right might be subject to supplemental regulations contained in this chapter. These uses are indicated in the Use Matrix by a "P" in the applicable cell.
B. 
Conditional uses. These uses are subject to approval of a conditional use permit by the Planning Commission, following the procedure set forth in § 410-44.3. These uses are indicated in the Use Matrix by an "S" in the applicable cell.[2]
[2]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
C. 
Site plan approval. Some use types require an additional site plan approval by the Zoning Administrator/Building Official, based on specific criteria for review. This procedure is set forth in § 410-44.2. These uses are indicated in the Use Matrix by an asterisk (*) following the citing of a specific use type.
[1]
Editor's Note: The Use Matrix is included as an attachment to this chapter.

§ 410-4.13 Guide to site development regulators.

The regulators set forth in the tables in Articles 5 through 19 establish the limits and requirements for most development in the City of Seward and its extraterritorial jurisdiction. This section is intended to provide guidance for applying the regulators contained in these tables.
A. 
Site area per housing unit. This indicates the gross land area per unit within a residential development. For example, a forty-lot subdivision on a ten-acre (435,600 square foot) tract will have a site area per unit of 10,890 square feet. Site area per unit, which measures gross density, may differ from minimum lot size. In conservation development, the site area per unit will be larger than minimum lot size, permitting the clustering of lots in exchange for common open space. In multifamily development, the site area per unit will usually be smaller than minimum lot size, because the lot is the legal parcel on which a multiple-unit building is built.
B. 
Minimum lot area. This indicates the minimum size of a legally described and recorded parcel upon which development can take place. As noted above, minimum lot area and site area per unit may not be the same.
C. 
Minimum lot width. This is the required minimum distance connecting at points along opposite side lot lines, measured at the required front yard setback. For example, the lot width of an irregular lot in a district requiring a twenty-five-foot front yard setback is determined by:
(1) 
Locating the points along each side lot line at a distance of 25 feet back from the front property line.
(2) 
Drawing a line connecting these two points.
(3) 
Measuring the length of this line. The length is the lot width.
D. 
Minimum yards. These define the required setbacks of buildings from front, side, and rear property lines. While the yard requirements apply to a majority of development, this chapter provides for a number of exceptions. Some of these include:
(1) 
Planned developments. Front yard setbacks can be varied within planned developments, which are reviewed and approved by the City Council after a recommendation from the Planning Commission.
(2) 
Major streets. The City may require greater than normal setbacks along segments of the City's arterial street system, as defined in the Comprehensive Development Plan.
(3) 
Flexibility provided by supplemental development regulations. Article 32 establishes supplemental regulations, many of which provide flexibility or variations in setback regulations for specific contexts.
(4) 
Maximum setbacks. Some specific zoning districts provide maximum as well as minimum setbacks. These setbacks establish "build-to" lines that may be necessary to protect the appearance and character of special urban districts.
E. 
Maximum height. Height normally measures the vertical distance from the established grade to the highest point of a building. However, as established by the definition of "height,"[1] the point of measurement may vary for different types of buildings and roof slopes.
[1]
Editor's Note: See § 410-2.3.
F. 
Maximum building coverage. This measures the percentage of a site that may be covered by the footprint of buildings. Thus, a 20,000 square foot building on a 40,000 square foot site has a building coverage of 50%. This is a method of regulating the scale of buildings in an area.
G. 
Maximum impervious coverage. This measures the percentage of a site that may be covered by buildings and other surfaces and development features which prevent the penetration of water into the ground (such as driveways, porches, parking lots, and other features). Limits on impervious coverage help control the velocity and quantity of stormwater runoff and provide for groundwater recharge.
H. 
Floor area ratio. Just as site area per unit controls the density of residential development, floor area ratio (FAR) controls the density of nonresidential development. FAR is the ratio of gross floor area of a building to total site area. Thus, in an area with a maximum permitted FAR of 1.0, a 40,000 square foot building may be located on a 40,000 square foot site. Naturally, because of coverage ratios, landscaping, and parking requirements, such a building will be multi-story.
I. 
Maximum amount of total parking located in street yard. This controls the maximum amount of parking that can be located in the area between a building facade and the street. When applied in certain zoning districts, it is intended to reduce the number of cars seen from the street, encourage site planning which locates parking in rear and side yards, and produce a stronger relationship between buildings and streets. For example, a project with 100 parking stalls and a fifty-percent limit on the amount of parking located in street yards must locate 50 of its stalls in rear or side yards without street exposure.
J. 
Minimum depth of landscaping adjacent to street rights-of-way. This establishes the depth of landscaping that must be provided on private property adjacent and in from the right-of-way line. Thus, if the required minimum depth is 15 feet, a project must landscape the first 15 feet of its site back from the right-of-way line. All landscaping must be done in accordance with Article 33, establishing landscaping standards.
K. 
Minimum bufferyard requirements. This establishes the depth of a bufferyard that must be provided by intensive land uses adjacent to primarily residential land uses in residential zoning districts. All landscaping must be done in accordance with Article 33, establishing landscaping standards.
L. 
Supplemental use regulations. Certain permitted uses require satisfaction of specific requirements in order to function successfully in their urban or rural contexts. These supplemental requirements are set forth in Article 31. These requirements are cross-referenced in the "Supplemental Regulations" column of the Use Matrix.[2]
[2]
Editor's Note: The Use Matrix is included as an attachment to this chapter.

§ 410-5.1 Purpose.

The AG District provides for and preserves the agricultural and rural use of land, while accommodating extremely low-density residential development generally associated with agricultural uses. This district is designed to maintain permanent and comprehensive agricultural uses within the Seward extraterritorial jurisdiction. It recognizes that major agriculture has industrial aspects and negative effects on nearby neighborhoods that often create conflicts between agricultural and residential uses. In addition, land included in the Urban Reserve in the Comprehensive Plan should be retained in the AG District to prevent premature or inappropriate development.

§ 410-5.2 Site development regulations.

Regulator
1-Family Units
Other Permitted Uses
Site area per housing unit
20 acres
NA
Minimum lot area
20 acres
20 acres
Minimum lot width (feet)
200
200
Minimum yards (feet)
Front yard
50 (Note 1)
50
Side yard
25
25
Street side yard
50
50
Rear yard
50
50
Maximum height (feet)
35
35; 50 for farm buildings; 100 for grain storage structures
Maximum building coverage
NA
NA
Maximum impervious coverage
NA
NA
Floor area ratio
NA
NA
Maximum amount of total parking located in street yard
NA
NA
Note 1: Front yard setback is measured from property line of platted lots. For unplatted lots along roads, residential structures shall be set back sufficiently to allow for future right-of-way dedications. This setback is typically 75 feet from the center line of the adjacent road. The Building Official may establish a different setback requirement based on the specific context of a parcel. The reason for any such variation shall be documented in writing by the Building Official.

§ 410-5.3 Special regulations for agricultural uses.

A. 
Individual waste lagoons. The edge of the highest water level of a waste lagoon shall be at least 100 feet from the owner's residence, 200 feet from any adjacent owner's residence, 50 feet from a side or rear lot line, and 100 feet from any public right-of-way or easement.
B. 
Animal waste holding facilities. All animal waste holding facilities shall meet the current minimum requirements of the Nebraska Department of Environmental Quality, Title 130, Chapter 10, Livestock Waste Control Facilities. Approval of any such facility shall be subject to the conditional permit use approval process. The facility shall meet at least the minimum setback and separation standards for waste lagoons. The Planning Commission and the City Council shall establish additional setback requirements based on the location of private wells, public water supply, residences, property lines, and public rights-of-way and easements.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

§ 410-6.1 Purpose.

The RR District provides for the rural residential use of land, accommodating agriculture and very-low-density residential environments. It is designed for permanent development of relatively remote areas that are beyond the reach of Seward's foreseeable urban development pattern, making eventual extension of urban services extremely unlikely. RR Districts do not permit comprehensive agriculture, and are intended for areas where farming is not a primary, permanent land use. Subdivisions in RR Districts generally will be developed to rural standards, with gravel roads, surface drainage, and individual water and wastewater management systems. In parts of the Seward jurisdiction with distinctive landforms, conservation development design is required to maintain the character of the land. These areas are designated by the RC Rural Conservation Development Overlay District and are subject to special standards and planning procedures set forth in Article 27 of the Unified Land Development Ordinance. These standards encourage the preservation of important open space resources without reducing the density permitted the developer or property owner.

§ 410-6.2 Site development regulations.

Regulator
1-Family Units
Other Permitted Uses
Site area per housing unit
5 acres
NA
Site area per housing unit - Note 1 (RPD)
3 acres
NA
Minimum lot area - Note 2 (RCD)
1.5 acres
3 acres
Minimum lot width (feet)
200
200
Minimum yards (feet)
Front yard
50
50
Side yard
25
25
Street side yard
50
50
Rear yard
50
100
Maximum height (feet)
35
35
Maximum building coverage
NA
NA
Maximum impervious coverage
NA
NA
Floor area ratio
NA
NA
Maximum amount of total parking located in street yard
NA
NA
Project size requiring Planned Development District (PD)
NA
NA
Note 1: Rural Preservation Development (RPD)
The purpose of this regulator exception is to permit the creative design of alternate living areas, as distinguished from subdivisions of standard lot sizes and standard street systems with the intention of preserving the rural character of the agricultural land use, including open fields, pastures, and natural wooded areas.
The Planning Commission and City Council may permit the site area per housing unit utilizing the designated regulator of three acres per housing unit, provided that there is sufficient evidence and facts showing that the proposed Rural Preservation Development meets the following conditions:
1.
That the surrounding tracts for the proposed Rural Preservation Development will not be adversely affected;
2.
That the proposed Rural Preservation Development is consistent with the intent and purpose of this section;
3.
That the average allocated site area housing unit within the Rural Preservation Development will not be less than the minimum site area housing unit per parcel required in the Rural Residential District in which the parcels of the proposed Rural Preservation Development is located, except that the land appropriation will meet the following criteria:
a.
Each individual parcel plotted for sale must have an allocated equivalence of five total acres, with three of the acres being retained to the site area facilitating the residence for private ownership. The remaining two acres shall be designated as permanent undivided open space;
b.
All undivided land including any lot capable of further subdivision shall be designated as permanent open space and shall be restricted from further subdivision and protected through a conservation easement, or a restrictive protective covenant presented in a form acceptable to the City and duly recorded in the Seward County Register of Deeds Office. In the event that the City's growth extends to a point where the designated open area tract of land becomes contiguous or adjacent to the City limits, the controlling ownership of said land may appeal to the City Council for the repeal of the protected easement for further subdivision;
4.
Undivided open space shall be directly accessible to the largest practicable number of lots within a Rural Preservation Subdivision. To achieve this, the majority of the house lots should abut undivided open space in order to provide direct views and access.
Note 2: Rural Community District (RCD)
The purpose of this regulator exception is to produce a more attractive and functional rural neighborhood and permit more usable open space, protect build-through land for future annexation, and protect the environmental features by preserving the rural character of the agricultural land use. The Planning Commission and City Council may permit the site area per housing unit utilizing the designated regulator of 1.5 acre lots per housing unit, provided that there is sufficient evidence and facts showing that the proposed Rural Community District meets the following conditions:
1.
That the surrounding tracts for the proposed Rural Community District will not be adversely affected;
2.
That the proposed Rural Community District is consistent with the intent and purpose of this section;
3.
That the average allocated site area housing unit within the Rural Community District will not be less than the minimum site area housing unit per parcel required in the Rural Residential District in which the parcels of the proposed Rural Community District is located, except that the land appropriation will meet the following criteria:
a.
Each individual parcel plotted for sale must have an allocated equivalence of five total acres, with 1.5 of the acres being retained to the lot site area facilitating the residence for private ownership. The remaining 3.5 acres shall be designated as permanent undivided open space;
b.
All undivided land including any lot capable of further subdivision shall be designated as permanent open space and shall be restricted from further subdivision and protected through a conservation easement, a restrictive protective covenant presented in a form acceptable to the City and duly recorded in the Seward County Register of Deeds Office. In the event that the City's growth extends to a point where the designated open area tract of land becomes contiguous or adjacent to the City limits, the controlling ownership of said land may appeal to the City Council for the repeal of the protected easement for further subdivision;
4.
Undivided open space shall be directly accessible to the largest practicable number of lots within a Rural Preservation Subdivision. To achieve this, the majority of the house lots should abut undivided open space in order to provide direct views and access;
5.
The proposed method of providing sanitary sewer service to the area shall be a public or community sewage system that complies with any and all of the regulations set forth by the regulating state agency. Therefore, the developer shall indicate the size and location of all proposed sanitary sewers, manhole locations, and sewage treatment facility shown on the plot documents;
6.
The proposed method of providing an adequate water supply shall be public or community water system or rural water district, that complies with any and all of the regulations set forth by the regulating state agency. Therefore, the developer shall indicate the size and location of the proposed water mains, hydrants and the location of the community well, including the type of water treatment to be used on the plot documents.
Note:
Floodway - This land is not considered buildable due to flood zone regulations. Therefore, since there is no preservation being deemed from this regulator it should not be allowed to be calculated for use as open land.
Floodplain - This land could be considered as buildable if the floor level is one foot above the base flood elevation (BFE). This would provide an element of land preservation as detailed in the regulators. Therefore, it should be allowed to be calculated into the open land designation.

§ 410-7.1 Purpose.

The R-1 District is intended to provide for urban residential development, with gross densities generally below six units per acre. These areas generally include single-family detached and attached dwellings on relatively large lots with supporting community facilities and urban services, including City water and sanitary sewer service. The R-1 District may also be used as a "holding zone" prior to subdivision for areas designated in the Comprehensive Plan for residential development. The use of the R-1 District for development using wells and individual septic systems should be discouraged, although it is not prohibited.

§ 410-7.2 Site development regulations.

Regulator
1-Family Detached
1-Family Attached and Duplex
Other Permitted Use
Site area per housing unit
Lots with individual wastewater systems
1.5 acres
NA
Lots with sanitary sewer
7,200 square feet
3,600 square feet
Minimum lot area
Lots with individual wastewater systems
1.5 acres
NA
1.5 acres
Lots with sanitary sewer
7,200 square feet
3,600 per unit
1.0 acres
Minimum lot width (feet)
75
37.5 per unit
100
Minimum yards (feet)
Front yard
30
30
30
Side yard
7.5
7.5
7.5
Street side yard
30
30
30
Rear yard area*
20% of lot depth
20% of lot depth
25
Maximum height (feet)
35
35
35
Floor area ratio
NA
NA
NA
Maximum amount of total parking located in street yard
NA
NA
NA
*
The required rear yard area is calculated as 20% of the lot depth times the lot width. Provided that this minimum area is maintained, a portion of a residential structure may come as close as 10 feet to a rear lot line.
Note 1: Zero Lot Line or Single-Family Attached Development.
Within a common development, one interior side yard may be equal to zero for single-family detached residential use if:
1.
The normal side yard setback requirement must be maintained adjacent to any lot with an existing structure not within the common development; or not otherwise designated for zero lot line use.
2.
An easement for maintenance of the zero lot line facade is prepared by the developer and filed with the Seward County Register of Deeds, the City Clerk, and the Building Official at the time of application for a building permit.

§ 410-8.1 Purpose.

The R-2 District is intended to provide for moderate -density residential development, with gross densities generally between six units and 12 units per acre. These developments include single-family dwellings on moderate-sized lots along with low-density multi-unit residential structures such as duplexes and townhouses. It provides regulations to encourage innovative forms of housing development. It adapts to both established and developing neighborhoods, as well as transitions between single-family and multifamily areas.

§ 410-8.2 Site development regulations.

Regulator
1-Family Detached
1-Family Attached
Duplex
Townhouse
(Note 1)
Other Permitted Uses
Site area per housing unit (square feet)
In conventional development
6,000
3,000
3,000
3,000
In planned unit developments
5,000
2,500
3,000
2,500
Minimum lot area
In conventional development
6,000
3,000
6,000
3,000
6,000
In planned unit developments
4,000
2,500
6,000
2,500
6,000
Minimum lot width (feet)
In conventional development
60
30 per unit
70
30
60
In planned unit developments
45
25 per unit
60
25
60
Minimum yards (feet) (Note 3)
Front yard
30
30
30
30
30
Side yard (Note 2)
7.5
7.5
7.5
7.5
7.5
Street side yard
30
30
30
30
30
Rear yard*
20% of lot depth
20% of lot depth
20% of lot depth
20% of lot depth
25 feet
Maximum height (feet)
35
35
35
35
35
Floor area ratio
NA
NA
NA
NA
0.50
Maximum amount of total parking located in street yard
NA
NA
NA
NA
50%
*
The required rear yard area is calculated as 20% of the lot depth times the lot width. Provided that this minimum area is maintained, a portion of a residential structure may come as close as 10 feet to a rear lot line.
Note 1: Townhouse Development
No more than four units may be attached in a single townhouse structure within an R-2 District. Regulators are shown on a per-unit basis.
Note 2: Zero Lot Line or Single-Family Attached Development.
Within a common development, one interior side yard may be equal to zero for single-family detached residential use if:
1.
The normal side yard setback requirement must be maintained adjacent to any lot with an existing structure not within the common development; or not otherwise designated for zero lot line use.
2.
An easement for maintenance of the zero lot line facade is prepared by the developer and filed with the Seward County Register of Deeds, the City Clerk, and the Building Official at the time of application for a building permit.
Note 3: Flexible Yard Setbacks in Planned Unit Developments.
The Planning Commission and City Council may vary required minimum setbacks in planned districts. However, the setback from the front facade of a garage to any public or private street right-of-way (including the boundary of sidewalks) must be at least 20 feet.

§ 410-9.1 Purpose.

The R-3 District is intended to provide for mixed-density development, including small-lot single-family development and limited multifamily residential development, with gross densities up to 18 units per acre. These developments often are characterized by low-rise buildings in multiple structure configurations, with an emphasis on open space, convenient parking, and, in many cases, common community facilities such as clubhouses and swimming pools. This district is also appropriate for larger townhouse complexes, while still accommodating lower-density forms of development.

§ 410-9.2 Site development regulations.

Regulator
1-Family Detached
1-Family Attached
(Note 1)
Duplex
Town-house
(Note 1)
Multi-family
(Note 2)
Other Permitted Uses
Site area per housing unit (square feet)
In conventional development
5,000
3,000
2,500
3,000
2,500
In planned developments
4,000
2,500
2,000
2,500
2,000
Minimum lot area
In conventional development
5,000
3,000
5,000
3,000
10,000
5,000
In planned developments
4,000
2,500
4,000
2,500
10,000
5,000
Minimum lot width (feet)
In conventional development
55
27.5
55
30
100
55
In planned unit developments
45
22.5
45
25
100
55
Minimum yards (feet) (Note 3)
Front yard
25
25
25
25
25
25
Side yard
5
5
5
5
10
10
Street side yard
25
25
25
25
25
25
Rear yard*
20% of lot depth
20% of lot depth
20% of lot depth
20% of lot depth
25
25
Maximum height (feet)
35
35
35
35
45
35
Floor area ratio
NA
NA
NA
NA
0.50
0.50
Maximum amount of total parking located in street yard
NA
NA
NA
NA
50%
50%
*
The required rear yard area is calculated as 20% of the lot depth times the lot width. Provided that this minimum area is maintained, a portion of a residential structure may come as close as 10 feet to a rear lot line.
Note 1: One-Family Attached and Townhouse Development.
Regulators are shown on a per-unit basis. Side yard setbacks are indicated for detached building walls.
Note 2: Multifamily Development.
No more than 12 units are permitted in any single multifamily development in the R-3 District. The minimum side yard setback increases by 1.5 feet for each one foot in height above 35 feet, up to a maximum height of 45 feet.
Note 3: Zero Lot Line and Single-Family Attached Development.
Within a common development, one interior side yard may be equal to zero for single-family detached residential use if:
1.
The normal side yard setback requirement must be maintained adjacent to any lot with an existing structure not within the common development; or not otherwise designated for zero lot line use.
2.
An easement for maintenance of the zero lot line facade is prepared by the developer and filed with the Seward County Register of Deeds, the City Clerk, and the Building Official at the time of application for a building permit.
Note 4: Flexible Yard Setbacks in Planned Districts.
The Planning Commission and City Council may vary required minimum setbacks in planned districts. However, the setback from the front facade of a garage to any public or private street right-of-way (including the boundary of sidewalks) must be at least 20 feet.

§ 410-9.3 Additional requirements.

Parking areas, accessory buildings, and garages must be at least five feet from a side or rear lot line. A greater separation from residential zoning districts may be required by Article 34.

§ 410-10.1 Purpose.

The R-4 District is intended to provide for medium- and high-density multifamily residential development, with gross densities generally above 18 units per acre. These developments may be in single or multiple structure configurations. The district's regulations are designed to provide for good-quality living environments that provide adequate open space for high-density settings.

§ 410-10.2 Site development regulations.

Regulator
1-Family Detached
1-Family Attached
(Note 1)
Duplex
Townhouse
(Note 1)
Multi-family
(Note 2)
Other Permitted Uses
Site area per housing unit (square feet)
In conventional development
4,400
2,200
2,200
2,500
1,500
In planned developments
4,000
2,000
2,000
2,000
1,000
Minimum lot area
In conventional development
4,400
2,200
4,400
2,500
9,500
5,000
In planned developments
4,000
2,000
4,000
2,000
9,500
5,000
Minimum lot width (feet)
In conventional development
40
20
50
25
80
50
In planned developments
40
17.5
45
20
80
50
Minimum yards (feet) (Note 2)
Front yard
25
25
25
25
25
25
Side yard (Note 1)
5
5
5
5
10
10
Street side yard
25
25
25
25
25
25
Rear yard*
20% of lot depth
20% of lot depth
20% of lot depth
20% of lot depth
25
25
Maximum height (feet)
In conventional development
35
35
35
35
45
35
In planned unit developments
35
35
35
35
60
35
Floor area ratio
NA
NA
NA
NA
0.80
0.80
Maximum amount of total parking located in street yard
NA
NA
NA
NA
50%
50%
*
The required rear yard area is calculated as 20% of the lot depth times the lot width. Provided that this minimum area is maintained, a portion of a residential structure may come as close as 10 feet to a rear lot line.
Note 1: Single-Family Attached and Townhouse Development.
Regulators are shown on a per-unit basis. Side yard setbacks are indicated for detached building walls.
Note 2: Multifamily Development.
The minimum side yard setback increases by one foot for each one foot in height above 35 feet, up to a maximum height of 45 feet.
Note 3: Zero Lot Line and Single-Family Attached Development.
Within a common development, one interior side yard may be equal to zero for single-family detached residential use if:
1.
The normal side yard setback requirement must be maintained adjacent to any lot with an existing structure not within the common development; or not otherwise designated for zero lot line use.
2.
An easement for maintenance of the zero lot line facade is prepared by the developer and filed with the Seward County Register of Deeds, the City Clerk, and the Building Official at the time of application for a building permit.
Note 4: Flexible Yard Setbacks in Planned Districts.
The Planning Commission and City Council may vary required minimum setbacks in planned districts. However, the setback from the front facade of a garage to any public or private street right-of-way (including the boundary of sidewalks) must be at least 20 feet.
Note 5: Flexible Yard Setbacks on 80-foot Right-of-Way (or Larger), Where the Normal Minimum Setback is 25 Feet.
Front and/or side yard setback may reduced to 15 feet with specific approval by the Building Director if the setback adjustment creates no adverse conditions.
[Added 9-18-2007 by Ord. No. 29-07]

§ 410-11.1 Purpose.

The RM District recognizes that mobile home development, properly planned, can provide important opportunities for affordable housing. It provides opportunities for mobile home development within planned parks or subdivisions, along with the supporting services necessary to create quality residential neighborhoods.

§ 410-11.2 Site development regulations.

Regulator
1-Family Detached and Mobile Home Units on Subdivided Lots
Duplex
1-Family Attached and Townhouse
(Note 1)
Mobile Home Park
(Note 4)
Other Permitted Uses
Site area per housing unit (square feet)
In conventional development
5,000
2,500
3,000
NA
In planned developments
4,000
2,500
2,500
6,000
Minimum lot area
In conventional development
5,000
5,000
2,500
NA
6,000
In planned developments
4,000
5,000
2,500
2 acres
6,000
Minimum lot width (feet)
In conventional development
40
50
25
NA
60
In planned developments
40
45
25
150
60
Minimum yards (feet) (Note 3)
Front yard
25
25
25
25
25
Side yard (Note 2)
5
5
10
10
10
Street side yard
25
25
25
25
25
Rear yard*
20% of lot depth
20% of lot depth
20% of lot depth
25
25
Maximum height (feet)
35
35
35
35
35
Floor area ratio
NA
NA
NA
NA
0.50
Maximum amount of total parking located in street yard
NA
NA
NA
NA
50%
*
The required rear yard area is calculated as 20% of the lot depth times the lot width. Provided that this minimum area is maintained, a portion of a residential structure may come as close as 10 feet to a rear lot line.
Note 1: Single-Family Attached Townhouse Development.
No more than four units may be attached in a single townhouse structure within an RM District. Regulators are shown on a per-unit basis. Side yard setbacks are indicated for detached building walls.
Note 2: Zero Lot Line and Single-Family Attached Development.
Within a common development, one interior side yard may be equal to zero for single-family detached residential use if:
1.
The normal side yard setback requirement must be maintained adjacent to any lot with an existing structure not within the common development; or not otherwise designated for zero lot line use.
2.
An easement for maintenance of the zero lot line facade is prepared by the developer and filed with the Seward County Register of Deeds, the City Clerk, and the Building Official at the time of application for a building permit.
Note 3: Flexible Yard Setbacks in Planned Districts.
The Planning Commission and City Council may vary required minimum setbacks in planned districts other than mobile home parks. However, the setback from the front facade of a garage to any public or private street right-of-way (including the boundary of sidewalks) must be at least 20 feet.
Note 4: Mobile Home Parks and Subdivisions.
Complete development standards for mobile home parks and subdivisions are set forth in § 410-31.3.

§ 410-12.1 Purpose.

The UC District recognizes the mixed-use character of major urban corridors, including traditional arterials such as 6th Street and Main Street, as well as emerging mixed-use corridors. These corridors sometimes accommodate a combination of residential, commercial, and office uses. In many cases, these streets were traditional residential corridors, and include houses that are converting to nonresidential use. Design standards maintain their character as important urban streets. Some uses in the UC District will require development above normal standards in order to assure compatibility with surrounding uses.

§ 410-12.2 Site development regulations.

Regulator
1-Family Detached
1-Family Attached
(Note 1)
Duplex
Townhouse
(Note 1)
Multi-Family
(Note 2)
Other Permitted Uses
Site area per housing unit (square feet)
In conventional development
4,400
2,200
2,200
2,500
1,500
In planned developments
4,000
2,000
2,000
2,000
1,000
Minimum lot area
In conventional development
4,400
4,400
4,400
2,500
9,500
5,000
In planned developments
4,000
4,000
4,000
2,000
9,500
5,000
Minimum lot width (feet)
In conventional development
40
20
40
25
80
40
In planned unit developments
40
20
40
20
80
40
Minimum yards (feet) (Note 3)
Front yard
25
25
25
25
25
25
Side yard (Note 1)
5
5
5
5
10
5
Street side yard
25
25
25
25
25
15
Rear yard*
20% of lot depth
20% of lot depth
20% of lot depth
20% of lot depth
25
25
Maximum height (feet)
35
35
35
35
45
35
Floor area ratio
NA
NA
NA
NA
0.80
0.50
Maximum amount of total parking located in street yard
NA
NA
NA
NA
50%
50%
*
The required rear yard area is calculated as 20% of the lot depth times the lot width. Provided that this minimum area is maintained, a portion of a residential structure may come as close as 10 feet to a rear lot line.
Note 1: Single-Family Attached Townhouse Development.
Regulators are shown on a per-unit basis. Side yard setbacks are indicated for detached building walls.
Note 2: Multifamily Development.
The minimum side yard setback increases by one foot for each one foot in height above 35 feet, up to a maximum height of 45 feet.
Note 3: Zero Lot Line and Single-Family Attached Development.
Within a common development, one interior side yard may be equal to zero for single-family detached residential use if:
1.
The normal side yard setback requirement must be maintained adjacent to any lot with an existing structure not within the common development; or not otherwise designated for zero lot line use.
2.
An easement for maintenance of the zero lot line facade is prepared by the developer and filed with the Seward County Register of Deeds, the City Clerk, and the Building Official at the time of application for a building permit.
Note 4: Flexible Yard Setbacks in Planned Districts.
The Planning Commission and City Council may vary required minimum setbacks in planned districts. However, the setback from the front facade of a garage to any public or private street right-of-way (including the boundary of sidewalks) must be at least 20 feet.
Note 5: Setbacks along Urban Corridors.
Normal minimum setback is 25 feet. Front yard setback may be reduced to 15 feet if:
1.
No parking is placed within the street yard.
2.
The entire street yard area is landscaped, with the exception of driveways to parking areas or pedestrian accesses to the principal building on the site.
This setback flexibility shall not be applied on any street designated as a major arterial by the City's Comprehensive Development Plan without the specific approval of the City's Public Works Director.

§ 410-12.3 Supplemental development regulations for office and commercial uses.

In order to maintain the fine-grained character of major mixed-use corridors in Seward, the following design standards shall apply to any office or commercial use developed within the UC District:
A. 
No single building shall have a building coverage area that exceeds 10,000 square feet without approval of a conditional use permit, as set forth in § 410-44.3.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
B. 
No street-facing facade may have a continuous length of 50 feet or over without an offset in the building elevation equal to a dimension of at least five feet.
C. 
Window area on each street-facing facade shall be equal to at least 20% of the area of that facade.
D. 
Exterior materials shall be brick, stone, wood clapboard, or other exterior materials typical of exterior building materials in common use in Seward's residential districts or Central Business District.
E. 
The dominant roof form shall be a pitched or gabled roof with a minimum roof slope equal to one foot of vertical height to every three feet of horizontal distance. Permitted roof materials may include asphalt shingles, slate or simulated slate shingles, standing seam metal, or other similar roof materials.
F. 
Each site design shall provide a clear and safe method of pedestrian circulation along the street right-of-way and between the street right-of-way and a principal customer entrance of the business.

§ 410-13.1 Purpose. [1]

The C-1 District accommodates commercial and office facilities that serve the needs of markets ranging from several neighborhoods to the overall region. While allowed commercial and office uses are generally compatible with nearby residential areas, traffic and operating characteristics of some uses may have an impact on adjacent residential neighborhoods. Use regulations require conditional permit review for these selected uses. C-1 Districts are most appropriate at intersections of collector and arterial streets, at the junction of several neighborhoods, along major commercial or mixed-use corridors, or at substantial commercial subcenters. The district also permits other uses with similar urban impacts to substantial commercial development.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

§ 410-13.2 Site development regulations for regular C-1 Districts.

Regulator
Permitted Residential Uses
All Other Permitted Uses
Site area per housing unit (square feet)
Same standards as for the R-4 District
NA
Minimum lot area
4,800
Minimum lot width (feet)
40
Minimum yards (feet)
Front yard (Note 1)
25
Side yard
5
Street side yard
15
Rear yard
Lesser of 20% of lot depth or 20 feet
Maximum height (feet)
35
Floor area ratio (Note 2)
1.00
Maximum amount of total parking located in street yard
80%
Note 1: Flexible Yard Setbacks in Planned Unit Development Districts.
The Planning Commission and City Council may vary required minimum setbacks in PUD Districts. Along arterials designated in the City's Comprehensive Development Plan, the Public Works Director may require a deeper front yard setback.
Note 2: Flexible Floor Area Ratios in Planned Districts.
The Planning Commission and City Council may increase the maximum floor area ratio for a development in a PUD District.

§ 410-13.3 Supplemental development regulations for office and commercial uses.

In order to maintain a residential character in community commercial areas in Seward, the following design standards shall apply to any office or commercial use developed within the C-1 District:
A. 
No single building shall have a building coverage area that exceeds 15,000 square feet without approval of a conditional use permit, as set forth in § 410-44.3.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
B. 
No street-facing facade may have a continuous length of 100 feet or over without an offset in the building elevation equal to a dimension of at least five feet.
C. 
Window area on each street-facing facade shall be equal to at least 20% of the area of that facade.
D. 
No building facade facing a street shall have the appearance of a rear facade. Architectural details, including materials, textures, patterns, colors, and design features used on the front facade shall be incorporated into all facades facing public streets and easily visible to the public.
E. 
All buildings and developments shall include a direct, clear, and safe pedestrian connection from adjacent public sidewalks to the entrances of buildings within the development.

§ 410-14.1 Purpose. [1]

The C-2 District accommodates a variety of commercial uses, some of which have significant traffic or visual effects. These districts may include commercial uses that are oriented to services, including automotive services, rather than retail activities. These uses may create land use conflicts with adjacent residential areas, requiring provision of adequate buffering. This district is most appropriately located along major arterial streets, along major highway corridors characterized by large-scale uses and traveler services such as Highway 15 south of Seward, or in areas that can be adequately buffered from residential districts. The district permits residential uses by conditional use permit, requiring such uses to be reviewed for compatibility with primary commercial uses in busy corridors.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

§ 410-14.2 Site development regulations.

Regulator
Permitted Residential Uses
All Other Permitted Uses
Minimum lot area
Same standards as for the R-4 District
6,000
Minimum lot width (feet)
65
Minimum yards (feet)
Front yard (Note 1)
15
Side yard
0
Street side yard
15
Rear yard
0
Maximum height (feet)
45
Floor area ratio (Note 2)
1.0
Maximum amount of total parking located in street yard
100%
Note 1: Flexible Yard Setbacks in Planned Unit Development Districts.
The Planning Commission and City Council may vary required minimum setbacks in PUD Districts. Along arterials designated in the City's Comprehensive Development Plan, the Public Works Director may require a deeper front yard setback.
Note 2: Flexible Floor Area Ratios in Planned Districts.
The Planning Commission and City Council may increase the maximum floor area ratio for a development in a PUD District.

§ 410-15.1 Purpose.

The CBD District provides appropriate development regulations for downtown Seward, the City's Central Business District. The grouping of uses is designed to strengthen the town center's role as a center for trade, service, and civic life. Mixed uses are allowed and encouraged within the CBD District.

§ 410-15.2 Site development regulations.

Regulator
Permitted Residential Uses
All Other Permitted Uses
Site area per housing unit (square feet)
1,000
NA
Minimum lot area
5,000
5,000
Minimum lot width (feet)
No requirement
No requirement
Minimum yards (feet)
Front yard
0
0
Side yard
0
0
Street side yard
0
0
Rear yard
0
0
Maximum height (feet)
45
45
Floor area ratio (Note 1)
NA
6.0
Maximum amount of total parking located in street yard
NA
50%
Note 1: Flexible Floor Area Ratios in Planned Unit Development Districts.
The Planning Commission and City Council may increase the maximum floor area ratio for a development in a planned district.

§ 410-15.3 Special regulations and standards.

A. 
No building facade facing a street shall have the appearance of a rear facade. Architectural details, including materials, textures, patterns, colors, and design features used on the front facade shall be incorporated into all facades facing public streets and easily visible to the public.
B. 
All buildings and developments shall include a direct, clear, and safe pedestrian connection from adjacent public sidewalks to the entrances of buildings within the development.

§ 410-16.1 Purpose.

The BP District is designed to promote the development of planned business parks that accommodate corporate offices, research facilities, and structures that can combine office, distribution, and limited industrial uses. These facilities serve a more regional audience, but may provide services to local residents. They usually include extensive landscaping, abundant parking facilities, and good visual and pedestrian relationships among buildings.

§ 410-16.2 Site development regulations.

Regulator
Permitted Uses
Minimum district size
1 acre
Minimum lot area (square feet)
10,000
Minimum lot width (feet)
100
Minimum yards (feet)
Front yard (Note 1)
30
Side yard
10
Street side yard
20
Rear yard
20
Maximum height (feet)
45
Floor area ratio (Note 2)
2.0
Maximum amount of total parking located in street yard
50%
Note 1: Flexible Yard Setbacks in Planned Unit Development Districts.
The Planning Commission and City Council may vary required minimum setbacks in PUD Districts. Along arterials designated in the City's Comprehensive Development Plan, the Public Works Director may require a deeper front yard setback.
Note 2: Flexible Floor Area Ratios in Planned Unit Development Districts.
The Planning Commission and City Council may increase the maximum floor area ratio for a development in a PUD District.

§ 410-17.1 Purpose.

The I-1 District is intended to reserve sites appropriate for the location of industrial uses with relatively limited environmental effects. The district is designed to provide appropriate space and regulations to encourage good-quality industrial development, while assuring that facilities are served with adequate parking and loading facilities.

§ 410-17.2 Site development regulations.

Regulator
Permitted Uses
Minimum district size (square feet)
5,000
Minimum lot area (square feet)
5,000
Minimum lot width (feet)
100
Minimum yards (feet)
Front yard (Note 1)
25
Side yard
0
Street side yard
25
Rear yard
0
Maximum height (feet)
60
Maximum building coverage
75%
Floor area ratio (Note 2)
1.0
Maximum amount of total parking located in street yard
100%
Note 1: Flexible Yard Setbacks in Planned Unit Development Districts.
The Planning Commission and City Council may vary required minimum setbacks in PUD Districts. Along arterials designated in the City's Comprehensive Development Plan, the Public Works Director may require a deeper front yard setback.
Note 2: Flexible Floor Area Ratios in Planned Unit Development Districts.
The Planning Commission and City Council may increase the maximum floor area ratio for a development in a PUD District.

§ 410-18.1 Purpose.

The I-2 District is intended to accommodate a wide variety of industrial uses, some of which may have significant external effects. These uses may have operating characteristics that create conflicts with lower-intensity surrounding land uses. The district provides the reservation of land for these activities and includes buffering requirements to reduce incompatibility

§ 410-18.2 Site development regulations.

Regulator
Permitted Uses
Minimum district size (square feet)
6,000
Minimum lot area (square feet)
6,000
Minimum lot width (feet)
60
Minimum yards (feet)
Front yard (Note 1)
25
Side yard
0
Street side yard
25
Rear yard
0
Maximum height (feet)
60
Maximum impervious coverage
90%
Floor area ratio (Note 2)
1.0
Maximum amount of total parking located in street yard
100%
Note 1: Flexible Yard Setbacks in Planned Unit Development Districts.
The Planning Commission and City Council may vary required minimum setbacks in PUD Districts. Along arterials designated in the City's Comprehensive Development Plan, the Public Works Director may require a deeper front yard setback.
Note 2: Flexible Floor Area Ratios in Planned Unit Development Districts.
The Planning Commission and City Council may increase the maximum floor area ratio for a development in a PUD District.