Seward City Zoning Code
PART 3
Special and Overlay Districts
[Amended 4-3-2018 by Ord. No. 2018-10; 11-17-2020 by Ord. No. 2020-27]
§ 410-20.1 Purpose.
Special districts are established as base districts for innovative developments or unique development areas. They are designed to encourage innovative design of mixed-use projects, to capitalize on the special characteristics and visibility of unique areas in the City, and to integrate special project types into the surrounding environment. Special districts include uses or combinations of uses that are not easily accommodated by traditional zoning districts.
§ 410-20.2 Establishment of districts.
The following special districts are hereby established:
Special Districts | |
|---|---|
MU | Mixed Use District |
U/MU | University Mixed Use District |
C/OS | Conservation/Open Space District |
§ 410-21.1 Purpose.
The MU Mixed Use District is intended to accommodate projects which combine several compatible land uses into an integrated development. The MU District may also be used to pre-designate parts of the City that are appropriate for a mixture of residential, commercial, office, and accessory uses. The district permits mixing residential areas with workplaces and services. Development in the MU District must accommodate transportation systems, pedestrian and bicycle movement, and surrounding environments.
§ 410-21.2 Permitted uses.
Each ordinance establishing an MU District establishes the use types permitted within its boundaries.
§ 410-21.3 Site development regulations.
A.
The minimum area of any MU District is one acre.
B.
Prior to the issuance of any building permits or other authorization, all projects in the MU District shall receive approval by the City Council, following a recommendation by the Planning Commission. This approval may be granted for a specific plan for the development of an MU District in lieu of a plan for individual projects, provided that any subsequent developments are consistent with the specific plan.
C.
Applications for approval must contain at a minimum the following information:
(1)
A detailed site map, including:
(a)
A boundary survey.
(b)
Site dimensions.
(c)
Contour lines at no greater than five-foot intervals.
(d)
Adjacent public rights-of-way, transportation routes, and pedestrian or bicycle systems.
(e)
Description of adjacent land uses.
(f)
Utility service to the site and easements through the site.
(g)
Description of other site features, including drainage, soils, or other considerations that may affect development.
(2)
A development plan, including:
(a)
A site layout, including the location of proposed buildings, parking, open space, and other facilities.
(b)
Location, capacity, and conceptual design of parking facilities.
(c)
Description of the use of individual buildings.
(d)
Description of all use types to be included in the project or area, and maximum floor area devoted to each general use.
(e)
Maximum height of buildings.
(f)
Schematic location and design of open space on the site, including a landscaping plan.
(g)
Vehicular and pedestrian circulation plan, including relationship to external transportation systems.
(h)
Schematic building elevations and sections if required to describe the project.
(i)
Grading plans.
(j)
Proposed sewer and utility improvements.
(k)
Location, sizes, and types of all proposed signage.
(3)
Specific proposed development regulations for the project, including:
(a)
The specific use types permitted within the proposed district.
(b)
Maximum floor area ratios.
(c)
Front, side, and rear yard setbacks.
(d)
Maximum height.
(e)
Maximum building and impervious coverage.
(f)
Design standards applicable to the project.
(4)
A traffic impact analysis, if required by the City.
§ 410-21.4 Adoption of district.
A.
The Planning Commission and City Council shall review and evaluate each Mixed Use District application. The City may impose reasonable conditions, as deemed necessary to ensure that a mixed-use development shall be compatible with adjacent land uses, will not overburden public services and facilities and will not be detrimental to public health, safety and welfare.
B.
The Planning Commission, after proper notice, shall hold a public hearing and act upon each application.
C.
The Planning Commission may recommend amendments to MU District applications.
D.
The recommendation of the Planning Commission shall be transmitted to the City Council for final action.
E.
The City Council, after proper notice, shall hold a public hearing and act upon any ordinance establishing an MU Mixed Use District. "Proper notice" shall mean the same notice established for any other zoning amendment.
F.
An ordinance adopting a Mixed Use District shall require a favorable simple majority of the City Council for approval.
G.
Upon approval by the City Council, the development plan shall become a part of the ordinance creating or amending the MU District. All approved plans shall be filed with the City Clerk.
§ 410-21.5 Amendments.
The Zoning Administrator is authorized at his/her discretion to approve amendments to an approved development plan, provided that:
A.
A written request is filed with the Zoning Administrator, along with information specifying the exact nature of the proposed amendment.
B.
The amendment is consistent with the provisions of this section.
C.
The amendment does not alter the approved site regulations of the development plan and does not materially alter other aspects of the plan, including traffic circulation, mixture of use types, and physical design; or does not increase density, floor area ratios.
D.
Any amendment not conforming to these provisions shall be submitted to the Planning Commission and City Council for action.
§ 410-22.1 Purpose.
The U/MU University Mixed Use District is based on an understanding that a college campus is a special kind of planned district, for which the requirements of traditional zoning districts may be inappropriate or difficult to apply. It provides an opportunity by which an official campus master plan may be prepared and adopted as the development plan for a specific area of the City. This relieves the university from receiving approval for each project that is consistent with the overall adopted master plan.
§ 410-22.2 Permitted uses.
The U/MU District permits college and university use, including all facilities and services that are auxiliary to campus use. Permitted auxiliary uses includes residential development, commercial services, including retail and food services that serve the campus community, maintenance facilities, and any other use included within an official campus master plan.
§ 410-22.3 Site development regulations.
A.
The minimum area of any U/MU District is 20 acres.
B.
The City Council, following a recommendation by the Planning Commission, may approve an official campus master plan as part of the U/MU District designation. The campus master plan shall include at a minimum:
(1)
A conceptual site layout, including the location of proposed buildings, parking, open space, and other facilities.
(2)
General location, capacity, and conceptual design of parking facilities.
(3)
Description of all use types to be included in the project or area, and maximum floor area devoted to each general use.
(4)
Schematic location and design of campus open spaces and greens on the site, including a landscaping plan.
(5)
Vehicular and pedestrian circulation plan, including relationship to external transportation systems.
(6)
Proposed sewer, utility, and other infrastructure improvements.
(7)
Proposed development regulations, including height limitations, perimeter setbacks, and impervious coverage limitations.
(8)
The range of flexibility and variation requested to maintain consistency with the master plan.
(9)
Relevant design or architectural standards included in the master plan.
§ 410-22.4 Adoption of district.
A.
The Planning Commission and City Council shall review and evaluate the campus master plan and the U/MU application. The City may impose reasonable additional conditions, as deemed necessary to ensure that the campus master plan shall be compatible with adjacent land uses, will not overburden public services and facilities and will not be detrimental to public health, safety and welfare.
B.
The Planning Commission, after proper notice, shall hold a public hearing and act upon each application.
C.
The Planning Commission may recommend amendments to U/MU District applications.
D.
The recommendation of the Planning Commission shall be transmitted to the City Council for final action.
E.
The City Council, after proper notice, shall hold a public hearing and act upon any ordinance establishing a U/MU University Mixed Use District. "Proper notice" shall mean the same notice established for any other zoning amendment.
F.
An ordinance adopting a University Mixed Use District shall require a favorable simple majority of the City Council for approval.
G.
Upon approval by the City Council, the campus master plan shall become a part of the ordinance creating or amending the U/MU District. All approved plans shall be filed with the City Clerk.
§ 410-22.5 Amendments.
The Zoning Administrator is authorized at his/her discretion to approve amendments to an approved development plan, provided that:
A.
A written request is filed with the Zoning Administrator, along with information specifying the exact nature of the proposed amendment.
B.
The amendment is consistent with the provisions of this section.
C.
The amendment does not alter the approved site regulations of the development plan and does not materially alter other aspects of the plan, including traffic circulation, mixture of use types, and physical design; or does not increase density, floor area ratios.
D.
Any amendment not conforming to these provisions shall be submitted to the Planning Commission and City Council for action.
§ 410-23.1 Purpose.
The C/OS District accommodates Seward's policy of retaining large areas of environmental importance for conservation and recreational purposes. These include large purchases along the Plum Creek and Blue River corridors and major areas of passive recreation, such as Wilderness Park. These natural resource areas, recognized by the City's Comprehensive Development Plan, are not appropriately described by traditional base zoning districts.
§ 410-23.2 Property ownership.
All land within C/OS Districts shall be owned by the City of Seward, another public agency, or a nonprofit organization or corporation whose primary purpose is resource conservation. The C/OS District is not ordinarily intended to apply to other private property and is not intended to restrict the development rights of private property owners.
§ 410-23.3 Permitted uses. [1]
Land within C/OS Districts may be used for low-impact purposes associated with open space and recreation. Permitted uses include horticulture, crop production, cultural services, parks and recreation. Recreational clubs that include primarily outdoor uses may be permitted following approval of a conditional use permit.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
§ 410-23.4 Site development regulations.
Because of the primary open space character of the C/OS District, site development regulations that apply to development districts do not apply.
§ 410-24.1 Purpose.
Overlay districts are used in combination with base districts to modify or expand base district regulations. They adapt to the special needs of areas of the City and further allow Seward's Unified Land Development Ordinance to evolve as the planning and development needs and trends of specific areas also change. The overlay districts are designed to achieve the following objectives:
A.
To recognize special conditions in specific parts of the City which require specific regulation.
B.
To provide for the protection of special features in the natural and built environment of the City.
C.
To allow for change and adaptability to different needs and trends in land development.
D.
To encourage comprehensive neighborhood and environmental planning in the City, and to protect the integrity of vital City services such as the water supply and airport operation.
E.
To provide flexibility in development and to encourage innovative design through comprehensively planned projects.
§ 410-24.2 Establishment of districts.
The following overlay districts are hereby established:
Overlay Districts | |
|---|---|
PUD | Planned Unit Development District |
TND | Traditional Neighborhood Development District |
RC | Rural Conservation Development Overlay District |
HD | Historic and Neighborhood Conservation Overlay District |
FP/FW | Floodplain/Floodway Overlay District |
AV | Aviation Overlay District |
§ 410-25.1 Purpose.
The PUD Planned Unit Development Overlay District is intended to provide flexibility in the design of planned projects; to permit innovation in project design that incorporates open space and other amenities; and to ensure compatibility of developments with the surrounding urban environment. Planned unit developments often involve groupings of buildings or sites that are designed as an integrated unit on land under unified control or ownership at the time of grant of development permission. The requirements of a PUD run with the land regardless of the subsequent sale or conveyance of property The PUD District may be used in combination with any base district specified in this chapter. The PUD District, which is adopted by the City Council with the recommendation of the Planning Commission, assures specific development standards for each designated project.
§ 410-25.2 Permitted uses.
Uses permitted in a PUD Overlay District are those permitted in the underlying base district. A PUD also may be combined with an MU Mixed Use District to allow a combination of use types not anticipated by conventional base districts.
§ 410-25.3 Objectives.
In evaluating applications for PUD Planned Unit Development Overlay Districts, the Planning Commission and City Council shall consider the following general objectives:
A.
Residential PUD Districts. Residential PUD Districts should be designed to produce more usable open space, provide better recreation opportunities, enhance pedestrian scale, protect or create neighborhood amenities and environmental features, and produce more attractive neighborhoods than those produced by conventional development techniques.
B.
Commercial PUD Districts. Commercial PUD Districts should be designed to produce more attractive and functional clusters and commercial centers than the strip development that is frequently produced by the application of conventional zoning regulations. Techniques encouraged by PUD Districts include consolidated access, shared parking, consistent architectural quality, improved pedestrian and trail access to commercial facilities, public space, and integrated landscaping and signage programs.
C.
Industrial PUD Districts. Industrial PUD Districts should promote the establishment of industrial parks and encourage groups of industrial buildings with integrated site design and architectural and landscaping themes.
D.
Mixed-use PUD Districts. Mixed-use PUD Districts should promote the objectives of innovative design of their individual uses and encourage creative groupings of different but complementary uses to establish high-quality urban environments. Mixed-use PUD Districts may encourage co-location of living and working areas, or activity centers that incorporate a variety of uses.
E.
PUD Districts in sensitive contexts. PUD Districts may be utilized to provide a high level of detail and define the requirements of project approval for developments proposed within settings that are so sensitive that normal zoning requirements, including landscaping and buffering requirements, do not provide sufficient protection for neighboring properties.
§ 410-25.4 Site development regulations.
Site development regulations are developed individually for each Planned Unit Development District, but must comply with the minimum or maximum standards established for the base district. Base district regulations provide flexibility, including higher densities, within Planned Unit Development Districts.
§ 410-25.5 Access to public streets.
Each PUD District must abut a public street for at least 100 feet and gain access from that street.
§ 410-25.6 Application process.
A.
Development plan. The application for a Planned Development District shall include a development plan containing the following information indicated in this section.
B.
Application requirements. An application for approval must contain at a minimum the following information:
(1)
A detailed site map, including:
(a)
A boundary survey.
(b)
Site dimensions.
(c)
Contour lines at no greater than two-foot intervals.
(d)
Adjacent public rights-of-way, transportation routes, and pedestrian or bicycle systems.
(e)
Description of adjacent land uses.
(f)
Utility service to the site and easements through the site.
(g)
Description of other site features, including drainage, soils, or other considerations that may affect development.
(2)
A development plan, including:
(a)
A land use plan designating specific uses for the site and establishing site development regulations, including setback, height, building coverage, impervious coverage, density, and floor area ratio requirements.
(b)
A site layout, including the location of proposed buildings, parking, open space, and other facilities.
(c)
Location, capacity, and conceptual design of parking facilities.
(d)
Description of the use of individual buildings.
(e)
Conceptual information sufficient to indicate a building height, bulk, materials, and general architectural design.
(f)
A site development and landscaping plan, showing building locations, or building envelopes; site improvements; public or common open spaces; community facilities; significant visual features; and typical landscape plans.
(g)
Vehicular and pedestrian circulation plan, including relationship to external transportation systems.
(h)
Schematic building elevations and sections if required to describe the project.
(i)
Grading plans.
(j)
Proposed sewer and utility improvements.
(k)
Location, sizes, and types of all proposed signage.
(3)
A statistical summary of the project, including gross site area, net site area, number of housing units by type, gross floor area of other uses, total amount of parking, and building and impervious surface percentages.
§ 410-25.7 Adoption of district.
A.
The Planning Commission and City Council shall review and evaluate each planned unit development application. Criteria for findings of fact in acting on PUD applications are set forth in Table 25A.[1] The City may impose reasonable conditions, as deemed necessary to ensure that a PUD shall be compatible with adjacent land uses, will not overburden public services and facilities and will not be detrimental to public health, safety and welfare.
[1]
Editor's Note: Table 25A is included at the end of this article.
B.
The Planning Commission, after proper notice, shall hold a public hearing and act upon each application.
C.
The Planning Commission may recommend amendments to PUD District applications.
D.
The recommendation of the Planning Commission shall be transmitted to the City Council for final action.
E.
The City Council, after proper notice, shall hold a public hearing and act upon any ordinance establishing a PUD Planned Unit Development Overlay District. "Proper notice" shall mean the same notice established for any other zoning amendment.
F.
An ordinance adopting a Planned Unit Development Overlay Zoning District shall require a favorable simple majority of the City Council for approval.
G.
Upon approval by the City Council, the development plan shall become a part of the ordinance creating or amending the PUD District. All approved plans shall be filed with the City Clerk.
§ 410-25.8 Amendment procedure.
Major amendments to the development plan must be approved according to the same procedure set forth in § 410-25.7.
§ 410-25.9 Building permits.
The City shall not issue a building permit, certificate of occupancy, or other permit for a building, structure, or use within a PUD District unless it is in compliance with the approved development plan or any approved amendments.
§ 410-25.10 Termination of PUD District.
If no substantial development has taken place in a Planned Unit Development District for three years following approval of the District, the Planning Commission shall reconsider the zoning of the property and may, on its own motion, initiate an application for rezoning the property.
Table 25A Criteria for Findings of Fact in Approving Planned Unit Developments | |
|---|---|
Criteria for Findings of Fact | |
Land Use Compatibility | |
Development density | Site area per unit or floor area ratio should be similar to surrounding uses if not separated by major natural or artificial features. |
Land use plan | Consistency with the land use plan of the City of Seward. |
Height and Scale | |
Height and bulk | Development should minimize differences in height and building size from surrounding structures. Differences should be justified by urban design considerations. |
Setbacks | Development should respect preexisting setbacks in its urban context. Variations should be justified by site or operating characteristics. |
Building coverage | Building coverage should be similar to that of surrounding development if possible. Higher coverage should be mitigated by landscaping or site amenities. |
Site Development | |
Environment | Project should maximize conservation of existing environmental features, including natural vegetation, tree cover, and drainage patterns. |
Parking and internal circulation | Parking should serve all structures, with minimal conflicts between pedestrians and vehicles. |
All structures must be accessible to public safety vehicles. | |
Development must have access to adjacent public streets and ways. Internal circulation should minimize conflicts and congestion at public access points. | |
Site Development | |
Open space | Open spaces should contribute to the quality of the overall project and should provide supporting amenities for residential development. Open spaces should contribute to the design of the project and, when appropriate, provide locations for project-related activities. |
Landscaping | Landscaping should be integral to the development, providing street landscaping, breaks in uninterrupted paved areas, and buffering where required by surrounding land uses. Project design should preserve features of environmental importance to the greatest degree possible. These features include mature trees and woodlands, wetlands, steep slopes, waterways and bodies of water. |
Streetscape | Projects should relate to surrounding public streets and contribute to the quality of the street environment. |
Building Design | |
Architectural quality | Architectural design and building materials should be compatible with surrounding areas or reflect the specific design objectives of a new development area. |
Transportation | |
Traffic capacity | Project should not reduce the existing level of traffic service on adjacent streets. Compensating improvements should be included to mitigate impact on street system operations. |
Street network and continuity | Project should maintain the continuity of Seward's street network or should provide opportunities for local traffic flow away from major arterials. |
Alternative modes | Project should make appropriate accommodations for access by public transportation, bicycles, and pedestrians. |
Public Facilities | |
Utility service | Project is adequately served by public utilities and infrastructure. |
Storm drainage | Project should handle stormwater adequately to prevent overloading of public stormwater management system. |
Project should not inhibit development of other properties or create adverse effects on other sites. | |
Development should not increase probability of erosion, flooding, landslides, or other run-off related effects. | |
Project should maximize d preservation and enhancement of natural drainage features on site and should facilitate stormwater storage techniques consistent with the policies of the City. | |
Public safety | Project can be adequately served with police and fire protection. |
Comprehensive Plan | |
Consistency with development objectives | Project must be consistent with the City's Comprehensive Plan, including applicable special area or specific plans. Project design should be consistent with the development standards and objectives of these plans. |
§ 410-26.1 Purpose.
The TND Traditional Neighborhood Design District is intended to encourage innovative mixed-use residential environments that reflect the planning and development patterns in place when Seward was initially developed. The TND District produces environments which manage automobiles but maintain a scale and set of linkages that promote pedestrian travel and civic space. These theories of urban design have been classified as "New Urbanism," although they transport the patterns of development of traditional Seward into new settings. The TND regulations included in this article are intended to capture the essence of this design technique, while avoiding excessive requirements that will discourage the use of the concept. The Seward regulations are intended to capture the general concept and vision of traditional neighborhood design, without being so prescriptive as to inhibit the use of the concept or discourage design flexibility.
§ 410-26.2 Size.
The minimum size of a TND District shall be 10 acres.
§ 410-26.3 Application process.
A.
The application and adoption process shall be the same as those established by PUD Planned Unit Development Districts.
B.
All applications for a TND subdivision must be accompanied by a TND development plan, in addition to other documents required by this chapter. This plan shall illustrate the distribution of land uses throughout the subdivision; the location and design of public spaces, streets, and alleys; the location and nature of special design features; architectural controls; and other information necessary to communicate the concept of the TND subdivision. The TND subdivision plan shall be a part of the approved subdivision. Subsequent building and development permits shall be issued by the City only in consistency with the TND development plan.
C.
Articles of Incorporation and/or covenants for a homeowners' association or other provision assuring maintenance or operation of all common spaces shall be submitted with the TND application.
§ 410-26.4 Permitted uses.
A.
Mixed land uses.
(1)
Retail, service, civic, office, and various types of residential land uses may be combined within a TND development, notwithstanding the use regulations of the underlying zoning district. The distribution and location of land uses shall be consistent with the TND plan submitted for the subdivision.
(2)
The gross floor area of commercial area permitted within a TND shall not exceed 10,000 square feet per 100 people projected to live in the development. For the purpose of calculating projected population, the following factors shall be used:
(a)
Single-family detached: 3.5 people per unit.
(b)
Single-family attached: 2.75 people per unit.
(c)
Townhouses: 2.5 people per unit.
(d)
Multifamily: 2.0 people per unit.
(3)
Parks and public open spaces shall make up at least 10% of the total area of the TND development.
§ 410-26.5 Density.
A.
The average site area per unit of a TND shall be established by the underlying zoning district. However, the density of individual parts of the TND may exceed the average density.
B.
Overall density permitted by the underlying zoning district of the TND may be increased as follows for specific amenities: 10% for the provision of a centrally located town square of at least one acre for each 25 acres of developed area; 10% for the provision of approved ornamental lighting throughout the TND subdivision; and 10% for the development of a central community boulevard. Cumulative density bonuses shall not exceed 25% of the density permitted by the underlying zoning district.
§ 410-26.6 Lot dimensions and setbacks.
A.
Lot dimensions. Individual lot size dimensions, including minimum width, may be reduced to 75% of the requirement of the underlying zoning district. Any savings on lot size shall be devoted to public space, including but not limited to town squares, small parks, greenways, and community facilities.
B.
Lot setbacks.
(1)
Lot setbacks may be varied from those otherwise specified for the zoning district. Typically, the front yard setback should respect a build-to line that is not less than five feet nor greater than 20 feet. Different setbacks may be incorporated as part of the TND District approval. Setback limits must be established on the preliminary and final plat.
(2)
The distance across a street from building face to building face shall not exceed 100 feet except along a community street or boulevard.
(3)
The setback from any garage entrance to any circulation way, including an alley, must be at least 20 feet unless the project design makes other specific provisions for dedicated off-street parking. Garage access from the rear of lots by way of an alley is encouraged.
§ 410-26.7 Street system design.
A.
Street continuity. All streets within a TND District connect to other streets within the district, forming a continuous network. All streets and alleys shall terminate at other streets within the TND District and shall connect to other streets on the edge of the district.
B.
Street and block characteristics.
(1)
The design of the street system shall create an open network that creates blocks with a length of no more than 660 feet.
(2)
Street loops and culs-de-sac may be included as part of the street system design. However, no street with a single point of access onto a connecting street should be longer than 200 feet.
(3)
Street or right-of-way widths may be varied for local streets within TND subdivisions as provided in Article 40, Circulation System Design.
C.
Pedestrian system. Each project within a TND District shall include a complete pedestrian system, providing access to all residential lots or sites and major activity centers within the project. In addition, each project shall provide direct access to any public multiuse recreational trails that run through or are adjacent to the project site.
D.
Community streets and boulevards. Community streets and boulevards are streets that are designed as central open space features within a TND development. The incorporation of these facilities within a TND is strongly encouraged and receives a density bonus, as provided in § 410-26.5. Characteristics of such a street include:
(1)
Alignment that generally runs more than 50% of the longest dimension of the development.
(2)
Orientation to a main activity center in the development, including parks and neighborhood greens, civic facilities, commercial activity centers, or designed landmarks.
(3)
Extensive street landscaping and parallel sidewalks and trails.
(4)
Thematic lighting and street furniture.
(5)
A street section which incorporates a median or wide sidewalk setbacks. A median's width should be equal to 1.00 times the width of either individual street channel. If the road channel is undivided, the distance between sidewalk and curb should be equal to at least 50% of the curb-to-curb width.
§ 410-27.1 Purpose.
The RC Rural Conservation Development Overlay District is intended to require development design standards and techniques in sensitive environmental areas around Seward that preserve unique landforms and the character of land. The techniques of the RC District require that the natural landforms determine the design and character of new residential development in these sensitive areas. Areas of environmental sensitivity and potential application of the RC Overlay District may be established by the City's Comprehensive Development Plan.
§ 410-27.2 Process. [1]
Subdivisions in an RC Overlay District generally follow the approval procedures outlined in Article 44, establishing the process for preliminary and final plat approval. Projects which do not require subdivision follow approval procedures appropriate to the specific project, including conditional use permits, zoning amendments, site plan review, or other applicable measures. The requirements and standards included in this article are in addition to those established procedures.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
§ 410-27.3 Permitted uses.
Land uses permitted in an RC District are the same as those permitted in the underlying base district.
§ 410-27.4 Permitted density yield. [1]
Developments in RC Overlay Districts are permitted the same density on developable area as would be allowed to conventional residential development in the underlying zoning district. Yield in housing units (Y) is calculated by the formula:
Y = | 0.90(TA - UA) SA |
Where: | |||
TA | = | Total parcel area. | |
UA | = | Undevelopable areas, defined as the sum of wetlands designated by the National Wetlands Survey, Water of the United States, slopes exceeding 20%, floodways, and soils subject to slumping, as indicated on the medium intensity maps contained in the county soil survey published by the USDA Natural Resources Conservation Service, is subtracted from the total parcel area. | |
0.90 | = | An allowance for the typical percentage of land available after deducting the area of public streets and rights-of-way serving a low-density residential development. | |
SA | = | Minimum site area per unit required by the underlying zoning district. | |
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
§ 410-27.5 Minimum percentage of open space.
A.
The minimum percentage of land that shall be designated as permanent open space, not to be further subdivided, and protected through a conservation easement held by the City of Seward, Seward County, a homeowners' association, or a recognized land trust or conservancy, shall be a minimum of 35% of the net developable area, defined as 0.90(TA-UA).
B.
The above areas shall generally be designated as undivided open space, to facilitate easement monitoring and enforcement, and to promote appropriate management by a single entity according to approved land management standards.
C.
All undivided open space and any lot capable of further subdivision shall be restricted from further subdivision through a permanent conservation easement, in a form acceptable to the City and duly recorded in the Seward County Register of Deeds' office.
D.
The required open space may be used, without restriction, for underground drainage fields for individual or community septic systems, and for "spray fields" for spray irrigation purposes in a "land treatment" sewage disposal system. However, "mound" systems protruding above grade and aerated sewage treatment ponds shall be limited to no more than 10% of the required minimum open space.
E.
Stormwater management ponds or basins may be included as part of the minimum required open space, as may land within the rights-of-way for underground pipelines. However, land within the rights-of-way of high-tension power lines shall not be included as comprising part of the minimum required open space.
§ 410-27.6 Conservation areas as open space.
A.
The location of open space shall be consistent with the policies contained in the City of Seward's Comprehensive Development Plan, and with the recommendations contained in this section and the following section ("evaluation criteria").
B.
Open space shall be comprised of two types of land: "primary conservation areas" and "secondary conservation areas." All lands within both primary and secondary conservation areas shall be protected by a permanent conservation easement prohibiting future development, and setting other standards safeguarding the site's special resources from negative changes.
(1)
Primary conservation areas. This category consists of wetlands designated by the National Wetlands Survey, Water of the United States, slopes exceeding 20%, floodways, and soils subject to slumping, as indicated on the medium intensity maps contained in the county soil survey published by the USDA Natural Resources Conservation Service.
(2)
Secondary conservation areas. Secondary conservation areas comprise at least 35% of the net developable area and shall be designated and permanently protected. Full density credit shall be allowed for land in this category that would otherwise be buildable under local, state, and federal regulations, so that their development potential is not reduced by this designation. Such density credit may be applied to other unconstrained parts of the site. Secondary conservation areas are determined by specific project design and typically include all or some of the following kinds of resources:
(a)
A one-hundred-foot-deep greenway buffer along all water bodies and watercourses, and a fifty-foot greenway buffer alongside wetlands soils classified as "very poorly drained" in the medium intensity county soil survey of the USDA Natural Resources Conservation Service. These areas must be conserved as secondary conservation areas but are considered as developable areas for the purpose of calculating yield.
(b)
One-hundred-year floodplains.
(c)
Woodlands, individual specimen trees, or small stands of significant trees.
(d)
Aquifer recharge areas and areas with highly permeable ("excessively drained") soil.
(e)
Significant wildlife habitat areas.
(f)
Class I and Class II farmlands.
(g)
Historic, archaeological or cultural features listed (or eligible to be listed) on the National Register of Historic Places or the Historic Resources Surveys of the Nebraska State Historical Society.
(h)
Slopes in excess of 15%.
(i)
Ridgelines and view corridors.
(j)
Land with soils that do not support residential development.
§ 410-27.7 Location standards for open space.
A.
Access to residential lots. Undivided open space shall be directly accessible to the largest practicable number of lots within a conservation subdivision. To achieve this, the majority of house lots should abut undivided open space in order to provide direct views and access. Safe and convenient pedestrian access to the open space from all lots not adjoining the open space shall be provided (except in the case of farmland, or other resource areas vulnerable to trampling damage or human disturbance). Where the undivided open space is designated as separate, noncontiguous parcels, no parcel shall consist of less than three acres in area nor have a length-to-width ratio in excess of 4:1, except such areas that are specifically designed as village greens, ballfields, upland buffers to wetlands, water bodies or watercourses, or trail links.
B.
Interconnection of open spaces. Protected open spaces in each new subdivision are encouraged to adjoin each other, ultimately forming an interconnected network of primary and secondary conservation areas across the county. The only elements of the network that would necessarily be open to the public are those lands that have been required to be dedicated for public use and typically configured in a linear fashion as an element of Seward's long-range open space network through the Comprehensive Development Plan.
§ 410-27.8 Special processes for conservation developments.
The review and approval process for subdivisions in the RC Overlay District is the same as that for conventional subdivisions, as set forth in Article 38. Additional provisions and approval processes are set forth in this section.
A.
Existing features plan.
(1)
Plans analyzing each site's special features are required for all proposed subdivisions. The existing features plan shall include, at a minimum:
(a)
A contour map based at least upon topographical maps published by the United States Geological Survey;
(b)
The location of severely constraining elements such as steep slopes (over 25%), wetlands, watercourses, intermittent streams and one-hundred-year floodplains, and all rights-of-way and easements;
(c)
Soil boundaries as shown on USDA Natural Resources Conservation Service medium intensity maps; and
(d)
The location of significant features such as woodlands, treelines, open fields or meadows, scenic views into or out from property, watershed divides and drainageways, fences or stone walls, rock outcrops, and existing structures, roads, tracks and trails.
(2)
The existing features plan shall identify both primary conservation areas and secondary conservation areas, as described in § 410-27.6B(1) and (2) of this article. The existing features plan shall form the basis for the conceptual preliminary plan, which shall show the tentative location of houses, streets, lot lines, and greenway lands in new subdivisions, according to the four-step design process described in Subsection B below.
B.
Conceptual preliminary plan.
(1)
A sketch plan or a conceptual preliminary plan shall be submitted for all proposed subdivisions to the Zoning Administrator before submission of a formal preliminary plat application. A conceptual preliminary plan presents a conceptual layout for greenway and open lands, house sites, and street alignments. Each conceptual preliminary plan shall follow a four-step design process, as described below. Applicants shall be prepared to demonstrate to the Zoning Administrator that these four design steps were followed in the preparation of the plan.
(a)
Step One: Designating the Open Space. During the first step, all potential conservation areas (both primary and secondary as defined above) are identified, using the existing features plan.
(b)
Step Two: Location of House Sites. During the second step, potential house sites are located. Subdivision applicants shall identify tentative house sites on the conceptual preliminary plan and proposed house sites on the detailed final plan. House sites should generally be located not closer than 100 feet to primary conservation areas, but may be situated within 50 feet of secondary conservation areas, in order to enjoy views of the latter without negatively affecting the former.
(c)
Step Three: Street and Lot Layout. The third step consists of aligning proposed streets to provide vehicular access to each house in the most reasonable and economical way. When lots and access streets are laid out, they shall be located in a way that avoids or at least minimizes adverse impacts on both the primary and secondary conservation areas. To the greatest extent practicable, wetland crossings and streets traversing existing slopes over 15% shall be strongly discouraged. Street connections shall generally be encouraged to minimize the number of new culs-de-sac to be maintained and to facilitate easy access to and from homes in different parts of the property (and on adjoining parcels). Where culs-de-sac are necessary, those serving six or fewer homes may be designed with "hammerheads" facilitating three-point turns. In TND Districts, the location of house sites follows the location of streets and squares.
(d)
Step Four: Lot Lines. The fourth step is simply to draw in the lot line (where applicable). These are generally drawn midway between house locations and may include L-shaped "flag lots" meeting the City's minimum standards for the same.
(2)
Review and comments. The Zoning Administrator and the Public Works Director shall return written comments on the conceptual preliminary plan to the applicant within 30 days of submittal. These comments should recommend changes to be made prior to submittal of a preliminary plat application.
§ 410-27.9 Ownership and maintenance of common open space.
Developments in the RC Overlay District shall provide for ownership and maintenance of common open space. Common open space within a development shall be owned, administered, and maintained by any of the following methods, either individually or in combination, and subject to approval by the City.
A.
Offer of dedication. The City of Seward, Seward County, or the Natural Resources District shall have the first and last offer of dedication of undivided open space in the event said land is to be conveyed. Dedication shall take the form of a fee simple ownership. The City or other public agency may, but shall not be required to accept undivided open space, provided: 1) such land is accessible to the residents of the county; 2) there is no cost of acquisition other than any costs incidental to the transfer of ownership, such as title insurance; and 3) the county agrees to and has access to maintain such lands. Alternatively, a public agency may accept an easement, subject to the above conditions.
B.
Homeowners' association. The undivided open space and associated facilities may be held in common ownership by a homeowners' association. The association shall be formed and operated under the following provisions:
(1)
The developer shall provide a description of the association, including its bylaws and methods for maintaining the open space.
(2)
The association shall be organized by the developer and shall be operated with financial assistance from the developer, before the sale of any lots within the development.
(3)
Membership in the association is automatic (mandatory) for all purchasers of homes therein and their successors. The conditions and timing of transferring control of the association from developer to homeowners shall be identified.
(4)
The association shall be responsible for maintenance of insurance and taxes on undivided open space, enforceable by liens placed by the county on the association. The association may place liens on the homes or house lots of its members who fail to pay their association dues in a timely manner. Such liens may require the imposition of penalty interest charges.
(5)
The members of the association shall share equitably the costs of maintaining and developing such undivided open space. Shares shall be defined within the association bylaws.
(6)
In the event of a proposed transfer, within the methods here permitted, of undivided open space land by the homeowners' association, or of the assumption of maintenance of undivided open space land by a public agency, notice of such action shall be given to all property owners within the development.
(7)
The homeowners' association may lease open space lands to any other qualified person, or corporation, for operation and maintenance of open space lands.
C.
Condominiums. The undivided open space and associated facilities may be controlled through the use of condominium agreements. Such agreements shall be in conformance with the state statute. All undivided open space land shall be held as a "common element."
D.
Transfer of easements to a private conservation organization. An owner may transfer easements to a private, nonprofit organization, among whose purposes it is to conserve open space and/or natural resources, provided that:
(1)
The organization is acceptable to the City, and is a bona fide conservation organization with perpetual existence;
(2)
The conveyance contains appropriate provisions for proper reverter or retransfer in the event that the organization becomes unwilling or unable to continue carrying out its functions; and
(3)
A maintenance agreement acceptable to the Planning Commission is entered into by the developer and the organization.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
§ 410-27.10 Maintenance standards.
A.
Financial responsibility. The ultimate owner of the open space (typically a homeowners' association) shall be responsible for raising all monies required for operations, maintenance, or physical improvements to the open space through annual dues, special assessments, etc. The homeowners' association shall be authorized under its bylaws to place liens on the property of residents who fall delinquent in payment of such dues or assessments.
B.
Maintenance enforcement.
(1)
In the event that the association or any successor organization shall, at any time after establishment of a development containing undivided open space, fail to maintain the undivided open space in reasonable order and condition in accordance with the development plan, the City may serve written notice upon the owner of record, setting forth the manner in which the owner of record has failed to maintain the undivided open space in reasonable condition.
(2)
Failure to adequately maintain the undivided open space in reasonable order and condition constitutes a violation of this chapter.
(3)
Should any bill or bills for maintenance of undivided open space by the City or county be unpaid, a late fee of 15% shall be added to such bills and a lien shall be filed against the premises in the same manner as other municipal claims.
§ 410-27.11 Evaluation criteria.
In evaluating the layout of lots and open space, the following criteria will be considered by the Planning Commission and City Council as indicating design appropriate to the site's natural, historic, and cultural features, and meeting the purpose of this chapter:
A.
Protection of floodplains, wetlands, and steep slopes from clearing, grading, filling, or construction, except as may be approved for essential infrastructure or active or passive recreation amenities.
B.
Preservation and maintenance of woodlands, existing fields, pastures, meadows, and orchards, and sufficient buffer areas to minimize conflicts between residential and agricultural uses.
C.
Maintenance of buffers at least 100 feet in depth adjacent to wetlands and surface waters, including creeks, streams, springs, lakes and ponds.
D.
Design around existing treelines between fields or meadows, and minimal impacts on large woodlands (greater than five acres), especially those containing many mature trees or a significant wildlife habitat.
E.
Maintenance of scenic views.
F.
Avoidance of new construction on prominent hilltops or ridges, by taking advantage of lower topographic features.
G.
Protection of wildlife habitat areas of species listed as endangered, threatened, or of special concern by the United States Environmental Protection Agency.
H.
Design around and preserves sites of historic, archaeological, or cultural value, including stone walls, barn foundations, cellar holes, earthworks, and burial grounds.
I.
Protection of rural character and improves public safety and vehicular carrying capacity by avoiding development fronting directly onto existing public roads.
J.
Landscaping of common areas if appropriate.
K.
Provision of active or passive recreational areas in suitable locations that offer convenient access by residents and adequate screening from nearby house lots.
L.
Inclusion of a pedestrian circulation system providing access between properties, activities, or special features within the neighborhood open space system. All roadside footpaths should connect with off-road trails.
M.
Provision of open space that is reasonably contiguous, avoiding fragmented open spaces.
§ 410-28.1 Purpose.
The HD Neighborhood Conservation Overlay District enables the adoption of special performance and development standards in combination with site development regulations of a base district for areas of special historical or architectural significance within the City of Seward. The district recognizes the importance of historically and architecturally significant districts to the character of Seward and provides for their conservation. The HD District applies standards and procedures to existing neighborhoods that are analogous to those applied to new development in PUD Districts.
§ 410-28.2 Application and use.
The HD Overlay District provides an opportunity to establish and apply special development controls and standards for areas in Seward with special physical or design characteristics. Examples of these standards may include, but not be limited to:
A.
Variations or substitutions of development regulations, including revised minimum and maximum setbacks, lot sizes, heights, and other regulations, based on the unique characteristics of the neighborhood.
B.
Requirements for building design, materials, features, and orientations.
C.
Special requirements or permissions for signage.
D.
Limitations on maximum size and scale of buildings.
E.
Limitations on location of parking, driveways, and other features that have an impact on the fabric of a traditional neighborhood.
§ 410-28.3 Procedure for adoption.
A.
Proposal. The creation of an HD Overlay District may be initiated by the Planning Commission, the City Council, or by petition of the owner or owners of 51% of the property area within the proposed district.
B.
Requirements for application. An application for the creation of an HD Overlay District must include:
(1)
A statement describing the proposed district's special historical or architectural characteristics and stating the reasons for proposal of the district.
(2)
A map indicating the boundaries of the proposed HD Overlay District, specifying the base district(s) included within these boundaries.
(3)
An inventory of the land uses, buildings or historically important sites located within the boundaries of the proposed district.
(4)
A future land use plan for the district.
(5)
Supplemental site development regulations, design criteria, and performance standards that apply to the proposed district.
§ 410-28.4 Adoption of district.
A.
The Planning Commission and City Council shall review and evaluate each HD Overlay District application.
B.
The Planning Commission, after proper notice, shall hold a public hearing and act upon each application.
C.
The Planning Commission may recommend amendments to HD District applications.
D.
The recommendation of the Planning Commission shall be transmitted to the City Council for final action.
E.
The City Council, after proper notice, shall hold a public hearing and act upon any ordinance establishing an HD Overlay District.
F.
The ordinance adopting the HD District shall include a statement of purpose, a description of district boundaries, and a list of supplemental site development regulations and performance standards.
G.
Upon approval by the City Council, each HD Overlay District shall be shown on the Zoning Map, identified sequentially by order of enactment and referenced to the enacting Ordinance.
H.
Any protest against an HD Overlay District shall be made and filed as provided by Nebraska state statutes, and amendments thereto.
§ 410-28.5 Building permits.
Building or other development permits issued by the City in an HD District shall be consistent with the adopted HD District Ordinance and shall follow all procedures for review that are established by the City.
§ 410-29.1.1 Statutory authorization.
The Legislature of the State of Nebraska has delegated the responsibility to local governmental units to adopt zoning regulations designed to protect the public health, safety, general welfare, and property of the people of the state. The Legislature, in Neb. RS §§ 31-1001 to 31-1023 (as amended), has further assigned the responsibility to adopt, administer, and enforce floodplain management regulations to the county, city, or village with zoning jurisdiction over the floodprone area.
§ 410-29.1.2 Findings of fact.
A.
Flood losses resulting from periodic inundation. The flood hazard areas of Seward, Nebraska are subject to inundation that results in loss of life and property, health and safety hazards, disruption of commerce and governmental services, extraordinary public expenditures for flood protection and relief, and impairment of the tax base, all of which adversely affect the public health, safety, and general welfare.
B.
General causes of the flood losses. These flood losses are caused by the cumulative effect of obstructions in floodplains causing increases in flood heights and velocities as well as the occupancy of flood hazard areas by uses vulnerable to floods or hazardous to others that are inadequately elevated or otherwise unprotected from flood damages.
§ 410-29.1.3 Statement of purpose.
It is the purpose of this code to promote the public health, safety, and general welfare and to minimize those losses described in § 410-29.1.2 by applying the provisions of this code to:
A.
Restrict or prohibit uses that are dangerous to health, safety, or property in times of flooding or cause undue increases in flood heights or velocities.
B.
Require that uses vulnerable to floods, including public facilities that service such uses, be provided with flood protection at the time of initial construction.
C.
Reduce financial burdens from flood damage borne by the community, its governmental units, is residents and its businesses by preventing excessive and unsafe development in areas subject to flooding.
D.
Assure that eligibility is maintained for property owners in the community to purchase flood insurance from the National Flood Insurance Program.
§ 410-29.1.4 Adherence to regulations.
The regulations of this code are in compliance with the National Flood Insurance Program Regulations as published in Title 44 of the Code of Federal Regulations and the Nebraska Minimum Standards for Floodplain Management Programs as published in the Nebraska Administrative Code Title 455, Chapter 1.
§ 410-29.2.1 Lands to which article applies.
This code shall apply to all lands within the jurisdictions of the City of Seward identified on the Flood Insurance Rate Map (FIRM) Panels 31159C0150D, 31159C0161D, 31159C0162D, 31159C0163D, 31159C0164D, 31159C0175D, 31159C0250D, and 31159C0275D, dated May 1, 2020, and within the Zoning Districts FW and FF established in § 410-29.3 of this code. In all areas covered by this code, no development shall be permitted except upon a permit to develop, granted by the floodplain administrator or the governing body under such safeguards and restrictions as the City Council or the designated representative may reasonably impose for the promotion and maintenance of the general welfare, health of the inhabitants of the community and where specifically noted in §§ 410-29.4 and 410-29.5.
§ 410-29.2.2 Rules for interpretation of district boundaries.
The boundaries of the floodway and the flood fringe overlay districts shall be determined by scaling distances on the Official Zoning Map or on the effective Flood Insurance Rate Map. Where interpretation is needed to the exact location of the boundaries of the districts as shown on the zoning or the other community map, the floodplain administrator shall make the necessary interpretation. In such cases where the interpretation is contested, the Zoning Board of Adjustment will resolve the dispute. The regulatory flood elevation for the point in question shall be the governing factor in locating the district boundary on the land. The person contesting the location of the district boundary shall be given a reasonable opportunity to present their case to the Zoning Board of Adjustment and to submit their own technical evidence, if so desired.
§ 410-29.2.3 Compliance.
Within identified floodplains of this community, no development shall be located, extended, converted, or structurally altered without full compliance with the terms of this code and other applicable regulations.
§ 410-29.2.4 Abrogation and greater restrictions.
This code does not intend to repeal, abrogate, or impair any existent easements, covenants or deed restrictions. However, where this code imposes greater restrictions, the provisions of this code shall prevail. All other codes inconsistent with this code are hereby repealed to the extent of the inconsistency only.
§ 410-29.2.5 Interpretation.
In their interpretation and application, the provisions of this code shall be held to be minimum requirements and shall be liberally construed in favor of the governing body and shall not be deemed a limitation or repeal of any other powers granted by state statutes.
§ 410-29.2.6 Warning and disclaimer of liability.
The degree of flood protection required by this code is considered reasonable for regulatory purposes and is based on engineering and scientific methods of study. Larger floods may occur or the flood height may be increased by man-made or natural causes, such as ice jams and bridge openings restricted by debris. This code does not imply that areas outside floodway and flood fringe district boundaries or land uses permitted within such districts will be free from flooding or flood damage. This code shall not create liability on the part of City of Seward or any officer or employee thereof for any flood damages that may result from reliance on this code or any administrative decision lawfully made thereunder.
§ 410-29.2.7 Severability.
If any section, clause, provision, or portion of this code is adjudged unconstitutional or invalid by a court of competent jurisdiction, the remainder of this code shall not be affected thereby.
§ 410-29.3 Establishment of zoning districts.
Along watercourses where a floodway has been established, the mapped floodplain areas are hereby divided into the two following districts: a Floodway Overlay District (FW) and a Flood Fringe Overlay District (FF) as identified in the Flood Insurance Study dated May 1, 2020, and on accompanying FIRM panels as established in § 410-29.2.1. The Flood Fringe Overlay District shall correspond to flood Zones A, AE, A1-30, AH, AO, AR, A99, and floodway areas in Zone AE that are identified on FIRM panels. The Floodway Overlay District shall correspond to the floodway areas in Zone AE that are identified on the FIRM panels. Within these districts, all uses not meeting the standards of this code and those standards of the underlying zoning district shall be prohibited.
§ 410-29.4.1 Designation of floodplain administrator.
The flood administrator, as appointed by the Mayor and approved by the City Council of the community, is hereby designated as the community's local floodplain administrator. The floodplain administrator is authorized and directed to administer, implement and enforce all provisions of this article. If the local floodplain administrator position is unfilled, the City Administrator shall assume the duties and responsibilities herein.
§ 410-29.4.2 Permits required.
A floodplain development permit shall be required before any development, construction, or substantial improvement is undertaken. No person, firm, corporation, government agency, or other entity shall initiate any floodplain development without first obtaining a floodplain development permit.
§ 410-29.4.3 Duties of the floodplain administrator.
Duties of the floodplain administrator shall include, but not be limited to, the following:
A.
Review, approve, or deny all applications for floodplain development permits.
B.
Review all development permit applications to assure that sites are reasonably safe from flooding and that the permit requirements of this code have been satisfied.
C.
Review applications for proposed development to assure that all necessary permits have been obtained from those federal, state, or local government agencies from which prior approval is required.
D.
Review all subdivision proposals and other proposed new development, including manufactured home parks or subdivisions, to determine whether such proposals will be reasonably safe from flooding.
E.
Notify adjacent communities and the Nebraska Department of Natural Resources prior to any alteration or relocation of a watercourse and submit evidence of such notification to the Federal Emergency Management Agency.
F.
Assure that maintenance is provided within the altered or relocated portion of the watercourse so that the flood-carrying capacity is not diminished.
G.
Verify, record, and maintain records of the actual elevation (in relation to mean sea level) of the lowest floor, including basement, of all new or substantially improved structures in the floodplain.
H.
Verify, record, and maintain records of the actual elevation (in relation to mean sea level) to which all new or substantially improved structures have been floodproofed.
I.
Verify, record, and maintain records of all improved or damaged structures to ensure compliance with standards in applicable sections. Track value of improvements and market value with permits. Also, ensure consistent market value estimations to evaluate against damaged or improved values.
J.
Ensure comprehensive development plan, as amended, is consistent with this code.
K.
In the event the floodplain administrator discovers work done that does not comply with applicable laws or codes, the floodplain administrator shall revoke the permit and work to correct any possible violation in accordance with this code.
§ 410-29.4.4 Application for permit and demonstration of compliance.
A.
To obtain a floodplain development permit, the applicant shall first file an application in writing on a form furnished for that purpose. Every such application shall:
(1)
Identify and describe the proposed development and estimated cost to be covered by the floodplain development permit.
(2)
Describe the land on which the proposed development is to be done by lot, block, tract, and house and street address, or similar description that will readily identify and definitely locate the proposed building or development.
(3)
Indicate the use or occupancy for which the proposed development is intended.
(4)
Be accompanied by plans and specifications for proposed construction.
(5)
Be signed by the permittee and authorized agent, who may be required to submit evidence to indicate such authority.
B.
If any proposed development is located entirely or partially within a floodplain, applicants shall provide all information in sufficient detail and clarity to enable the floodplain administrator to determine that:
(1)
All such proposals are consistent with the need to minimize flood damage;
(2)
All utilities and facilities such as sewer, gas, water, electrical, and other systems are located and constructed to minimize or eliminate flood damage;
(3)
Structures will be anchored to prevent flotation, collapse, or lateral movement;
(4)
Construction materials are flood resistant;
(5)
Appropriate practices to minimize flood damage have been utilized; and
(6)
Electrical, heating, ventilation, air conditioning, plumbing, and any other service facilities have been designed and located to prevent entry of floodwaters.
C.
For all new and substantially improved structures, an elevation certificate based upon the finished construction certifying the elevation of the lowest floor, including basement, and other relevant building components shall be provided to the floodplain administrator and be completed by a licensed surveyor, engineer, or architect.
D.
When floodproofing is utilized for an applicable structure, a floodproofing certificate shall be provided to the floodplain administrator and be completed by a licensed professional engineer or architect.
E.
For all development proposed in the floodway, no-rise certification shall be provided to the floodplain administrator and be completed by a licensed professional engineer.
F.
Any other such information as reasonably may be required by the floodplain administrator shall be provided.
§ 410-29.4.5 Flood data required.
A.
All Zone A areas on the FIRM are subject to inundation of the base flood; however, the base flood elevations are not provided. Zone A areas shall be subject to all development provisions of this code. If Flood Insurance Study data is not available, the community shall utilize any base flood elevation or floodway data currently available from federal, state, or other sources, including from a study commissioned by the applicant pursuant to best technical practices.
B.
Until a floodway has been designated, no development or substantial improvement may be permitted within the floodplain unless the applicant has demonstrated that the proposed development or substantial improvement, when combined with all other existing and reasonably anticipated developments or substantial improvements, will not increase the water surface elevation of the base flood more than one foot at any location as shown in the Flood Insurance Study or on base flood elevation determinations.
§ 410-29.4.6 Variances and appeals.
A.
Variance and appeals procedures.
(1)
The Zoning Board of Adjustment as established by the City of Seward shall hear and decide appeals and requests for variances from the requirements of this code.
(2)
The Zoning Board of Adjustment shall hear and decide appeals when it is alleged that there is an error in any requirement, decision, or determination made by the floodplain administrator in the enforcement or administration of this code.
(3)
Any person aggrieved by the decision of the Zoning Board or any taxpayer may appeal such decision to the District Court as provided in Neb. RS § 23-168 (for counties)[1] and § 19-912 (for municipalities).
[1]
Editor’s Note: Neb. RS § 23-168 was repealed by Laws 1975, LB 410, § 34. See now Neb. RS § 23-168.04.
(4)
In evaluating such appeals and requests, the Zoning Board of Adjustment shall consider technical evaluations, all relevant factors, standards specified in other sections of this code, and:
(a)
The danger to life and property due to flooding or erosion damage;
(b)
The danger that materials may be swept onto other lands to the injury of others;
(c)
The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner, future owners, and neighboring properties;
(d)
The importance of the services provided by the proposed facility to the community;
(e)
The necessity of the facility to have a waterfront location, where applicable;
(f)
The availability of alternative locations that are not subject to flooding or erosion damage for the proposed use;
(g)
The compatibility of the proposed use with existing and anticipated development;
(h)
The relationship of the proposed use to the comprehensive plan and the floodplain management program for that area;
(i)
The safety of access to the property in times of flood for ordinary and emergency vehicles;
(j)
The expected heights, velocity, duration, rate of rise, and sediment transport of the floodwaters and the effects of wave action, if applicable, expected at the site; and,
(k)
The costs of providing government services during and after flood conditions, including emergency management services and maintenance and repair of public utilities and facilities such as sewer, gas, electrical, water systems, streets, and bridges.
B.
Conditions for variances.
(1)
Variances shall only be issued upon a showing of good and sufficient cause and also upon a determination that failure to grant the variance would result in an exceptional hardship to the applicant.
(2)
Variances shall only be issued based upon a determination that the granting of a variance will not result in increased flood heights.
(3)
Variances shall only be issued based upon a determination that the granting of a variance will not result in additional threats to public safety, extraordinary public expense, create nuisances, cause fraud on or victimization of the public, or conflict with existing local laws or codes.
(4)
Generally, variances may be issued for new construction and substantial improvements to be erected on a lot of one-half acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood level, provided items (5) through (9) below have been fully considered. As the lot size increases beyond one-half acre, the technical justification required for issuing the variance increases.
(5)
Variances may be issued for the repair or rehabilitation of historic structures upon a determination that the proposed repair or rehabilitation will not preclude the structure's continued designation as an historic structure on the National Register of Historic Places and the variance is the minimum necessary to preserve the historic character and design of the structure.
(6)
Variances shall not be issued within any designated floodway if any increase in water surface elevations along the floodway profile during the base flood discharge would result.
(7)
Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief.
(8)
The applicant shall be given a written notice over the signature of a community that the issuance of a variance to construct a structure below the base flood elevation will result in increased premium rates for flood insurance up to amounts as high as $25 for $100 of insurance coverage and also that such construction below the base flood elevation increases risks to life and property. Such notification shall be maintained with the record of all variance actions as required by this code.
(9)
All requests for variances and associated actions and documents, including justification for their issuance, shall be maintained by the community.
§ 410-29.4.7 Enforcement.
A.
Violations. Failure to obtain a floodplain development permit or the failure of a structure or other development to be fully compliant with the provisions of this code shall constitute a violation. A structure or other development without a floodplain development permit, elevation certificate, certification by a licensed professional engineer of compliance with these regulations, or other evidence of compliance is presumed to be in violation until such time as documentation is provided.
B.
Notices. When the floodplain administrator or other authorized community representative determines, based on reasonable grounds, that there has been a violation of the provisions of this code, the floodplain administrator shall give notice of such alleged violation as hereinafter provided. Such notice shall:
(1)
Be in writing;
(2)
Include an explanation of the alleged violation;
(3)
Allow a reasonable time for the performance of any remedial act required;
(4)
Be served upon the property owner or their agent as the case may require; and
(5)
Contain an outline of remedial actions that, if taken, will bring the development into compliance with the provisions of this code.
C.
Penalties.
(1)
Violation of the provisions of this code or failure to comply with any of its requirements (including violations of conditions and safeguards established in connection with grants of variances or special exceptions) shall constitute a misdemeanor. Any person, firm, corporation or other entity that violates this article or fails to comply with any of its requirements shall, upon conviction thereof, be fined not more than $500, and, in addition, shall pay all costs and expenses involved in the case. Each day such violation continues shall be considered a separate offense.
(2)
The imposition of such fines or penalties for any violation or noncompliance with this code shall not excuse the violation or noncompliance or allow it to continue. All such violations or noncompliant actions shall be remedied within an established and reasonable time.
(3)
Nothing herein contained shall prevent the City of Seward or other appropriate authority from taking such other lawful action as is necessary to prevent or remedy any violation.
§ 410-29.5.1 General provisions.
A.
Alteration or relocation of a watercourse.
(1)
A watercourse or drainway shall not be altered or relocated in any way that in the event of a base flood or more frequent flood will alter the flood-carrying characteristics of the watercourse or drainway to the detriment of upstream, downstream or adjacent locations.
(2)
No alteration or relocation shall be made until all adjacent communities that may be affected by such action and the Nebraska Department of Natural Resources have been notified and all applicable permits obtained. Evidence of such notification shall be submitted to the Federal Emergency Management Agency.
B.
Encroachments.
(1)
When proposing to permit any of the following encroachments, the standards in Section 410-29.5.1B(2) shall apply:
(a)
Any development that will cause a rise in the base flood elevations within the floodway; or
(b)
Any development in Zones A, A1-30, and Zone AE without a designated floodway that will cause a rise of more than one foot in the base flood elevation; or
(c)
Alteration or relocation of a stream; then
(2)
The applicant shall:
(a)
Apply to FEMA for conditional approval of such action via the conditional letter of map revision process (as per Title 44 of the Code of Federal Regulations, Chapter I, Part 65.12) prior to the permit for the encroachments; and
(b)
Supply the fully approved package to the floodplain administrator, including any required notifications to potentially affected property owners.
C.
Floodway Overlay District.
(1)
Standards for the Floodway Overlay District.
(a)
New structures for human habitation are prohibited.
(b)
All encroachments, including fill, new construction, substantial improvements, and other development must be prohibited unless certification by a registered professional engineer or architect is provided demonstrating that the development shall not result in any increase in water surface elevations along the floodway profile during the occurrence of the base flood discharge. These developments are also subject to all the standards of § 410-29.5.
(c)
In Zone A areas, obtain, review, and reasonably utilize any flood elevation and floodway data available through federal, state, or other sources, including studies done under § 410-29.5.3I, Subdivisions, in meeting the standards of this section.
(2)
Only uses having a low flood damage potential and not obstructing flood flows shall be allowed within the Floodway Overlay District to the extent that they are not prohibited by any other ordinances. The following are recommended uses for the Floodway Overlay District:
(a)
Agricultural uses such as general farming, pasture, nurseries, and forestry.
(b)
Residential uses such as lawns, gardens, parking, and play areas.
(c)
Nonresidential uses such as loading areas, parking, and airport landing strips.
(d)
Public and private recreational uses such as golf courses, archery ranges, picnic grounds, parks, and wildlife and nature preserves.
§ 410-29.5.2 Elevation and floodproofing requirements.
A.
Residential structures.
(1)
In Zones A, AE, A1-30, and AH, all new construction and substantial improvments shall have the lowest floor, including basement, elevated to or above one foot above the base flood elevation.
(2)
In Zone AO, all new construction and substantial improvements shall have the lowest floor, including basement, elevated above the highest adjacent grade at least as high as one foot above the depth number specified in feet on the FIRM or, if no depth number is specified on the FIRM, at least as high as three feet.
(3)
In the floodway, new structures for human habitation are prohibited.
B.
Nonresidential structures.
(1)
Zones A, AE, A1-30 and AH.
(a)
In Zones A, AE, A1-30, and AH, all new construction and substantial improvements shall have the lowest floor, including basement, elevated to or above one foot above the base flood elevation or, together with attendant utility and sanitary facilities, be floodproofed so that below one foot above the base flood elevation:
[1]
The structure is watertight with walls substantially impermeable to the passage of water; and
[2]
The structure has structural components with the capability of resisting hydrostatic and hydrodynamic loads and effects of buoyancy.
(b)
A registered professional engineer or architect shall certify that the standards of this subsection are satisfied. A floodproofing certificate shall be provided to the floodplain administrator as set forth in § 410-29.4.
(2)
Zone AO.
(a)
In Zone AO, all new construction and substantial improvements shall have the lowest floor elevated above the highest adjacent grade at least as high as one foot above the depth number specified in feet on the FIRM or, if no depth number is specified on the FIRM, at least as high as three feet; or, together with attendant utility and sanitary facilities, be floodproofed so that below one foot above the base flood elevation:
[1]
The structure is watertight with walls substantially impermeable to the passage of water; and
[2]
The structure has structural components with the capability of resisting hydrostatic and hydrodynamic loads and effects of buoyancy.
(b)
A registered professional engineer or architect shall certify that the standards of this subsection are satisfied. A floodproofing certificate shall be provided to the floodplain administrator as set forth in § 410-29.4.
C.
Space below lowest floor.
(1)
Fully enclosed areas below the lowest floor (excluding basements) and below the base flood elevation shall be used solely for the parking of vehicles, building access, or limited storage of readily removable items.
(2)
Fully enclosed areas below the lowest floor (excluding basements) and below the base flood elevation shall be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwaters. Designs for meeting this requirement must either be certified by a registered professional engineer or architect or meet or exceed the following minimum criteria:
(a)
A minimum of two openings having a net total area of not less than one square inch for every one square foot of enclosed space;
(b)
The bottom of all openings shall not be higher than one foot above grade; and
(c)
Openings may be equipped with screens, louvers, valves, or other coverings or devices, provided that they allow the automatic entry and exit of floodwaters.
D.
Appurtenant structures. Structures accessory to a principal building may have the lowest floor below one foot above base flood elevation, provided that the structure complies with the following requirements:
(1)
The structure shall not be used for human habitation.
(2)
The use of the structure must be limited to parking of vehicles or storage of items readily removable in the event of a flood warning.
(3)
The floor area shall not exceed 400 square feet.
(4)
The structure shall have a low damage potential.
(5)
The structure must be adequately anchored to prevent flotation, collapse, or other lateral movement.
(6)
The structure shall be designed to automatically provide for the entry and exit of floodwaters for the purpose of equalizing hydrostatic forces. Designs for meeting this requirement must either be certified by a registered professional engineer or architect or meet or exceed the following minimum criteria:
(a)
A minimum of two openings having a net area of not less than one square inch for every one square foot of enclosed space;
(b)
The bottom of all openings shall not be higher than one foot above grade; and
(c)
Openings may be equipped with screens, louvers, valves, or other coverings or devices, provided that they allow the automatic entry and exit of floodwaters.
(7)
No utilities shall be installed except electrical fixtures in the structure, which must be elevated or floodproofed to one foot above base flood elevation.
(8)
The structure shall be constructed and placed on the building site so as to offer the minimum resistance to the flow of floodwaters.
(9)
If the structure is converted to another use, it must be brought into full compliance with the minimum standards governing such use.
E.
Manufactured homes. Within any floodplain, manufactured homes shall be prohibited.
F.
Existing structures.
(1)
The provisions of this article do not require any changes or improvements to be made to lawfully existing structures. However, when an improvement is made to a structure in the floodplain, a floodplain development permit is required and the provisions of Subsection F(2) through (4) shall apply.
(2)
Any addition, alteration, reconstruction, or improvement of any kind to an existing structure where the costs would equal or exceed 50% of the pre-improvement market value shall constitute a substantial improvement and shall fully comply with the provisions of this code.
(3)
Any addition, alteration, reconstruction, or improvement of any kind to an existing structure in the floodway shall comply with the provisions of § 410-29.5.1C.
(4)
Any addition, alteration, reconstruction, or improvement of any kind to an existing structure that will change the compliance requirements of the building shall require applicable documentation, including an elevation certificate, floodproofing certificate, or "no rise" certification.
§ 410-29.5.3 Design and construction standards.
A.
Within any floodplain, the use of fill shall be prohibited.
B.
Anchoring. All buildings or structures shall be firmly anchored to prevent flotation, collapse, or lateral movement of the structure resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy.
C.
Building materials and utilities.
(1)
All buildings or structures shall be constructed with materials and utility equipment resistant to flood damage. All buildings or structures shall also be constructed by methods and practices that minimize flood and flood-related damages.
(2)
All buildings or structures shall be constructed with electrical, heating, ventilation, plumbing, air conditioning equipment, and other service facilities that are designed and/or located so as to prevent water from entering or accumulating within the components during conditions of flooding.
D.
Drainage. Within Zones AO and AH, adequate drainage paths around structures on slopes shall be required in order to guide floodwaters around and away from proposed structures.
E.
Water supply and sanitary sewer systems.
(1)
All new or replacement water supply and sanitary sewer systems shall be located, designed, and constructed to minimize or eliminate flood damages to such systems and the infiltration of floodwaters into the systems.
(2)
All new or replacement sanitary sewage systems shall be designed to minimize or eliminate discharge from the system into floodwaters.
(3)
On-site waste disposal systems shall be located and designed to avoid impairment to them or contamination from them during flooding.
F.
Other utilities. All other utilities such as gas lines, electrical, telephone, and other utilities shall be located and constructed to minimize or eliminate flood damage to such utilities and facilities.
G.
Storage of materials.
(1)
The storage or processing of materials that are in time of flooding buoyant, flammable, explosive, or could be injurious to human, animal, or plant life is prohibited.
(2)
The storage of other material or equipment may be allowed if not subject to major damage by floods and firmly anchored to prevent flotation or if readily removable from the area within the time available after flood warning.
H.
Recreational vehicles. Recreational vehicles to be placed on sites within the floodplain shall:
(1)
Be on site for fewer than 180 consecutive days;
(2)
Be fully licensed and ready for highway use, which shall mean they are on their wheels or jacking system, attached to the site by only quick-disconnect-type utilities and security devices, and have no permanently attached additions.
I.
Subdivisions.
(1)
Subdivision proposals and other proposed new development, including manufactured home parks or subdivisions, shall require assurance that:
(a)
All such proposals are consistent with the need to minimize flood damage;
(b)
All public utilities and facilities such as sewer, gas, electrical, and water systems are located, elevated, and constructed to minimize or eliminate flood damage;
(c)
Adequate drainage is provided so as to reduce exposure to flood hazards; and
(2)
Proposals for development (including proposals for manufactured home parks and subdivisions) of five acres or 50 lots, whichever is less, where base flood elevation data are not available, shall be supported by hydrologic and hydraulic analyses that determine base flood elevations and floodway information. The analyses shall be prepared by a licensed professional engineer in a format required by FEMA for conditional letters of map revision and letters of map revision.
§ 410-29.6 Nonconforming uses.
A.
A structure or use of a structure or premises that was lawful before the passage or amendment of this code, but that is not in conformity with the provisions of this code, may be continued subject to the following conditions:
(1)
If such use is discontinued for six consecutive months, any future use of the building premises shall conform to this code. The Utility Department shall notify the floodplain administrator in writing of instances of nonconforming uses where utility services have been discontinued for a period of six months.
B.
If any nonconforming use or structure is destroyed by any means, including flood, it shall not be reconstructed if the cost is more than 50% of the market value of the structure before the damage occurred, except if it is reconstructed in conformity with the provisions of this code. This limitation does not include the cost of any alteration to comply with existing state or local health, sanitary, or safety code or regulations or the cost of any alteration of a structure listed on the National Register of Historic Places, provided that the alteration shall not preclude its continued designation.
§ 410-29.7 Amendments.
A.
The regulations, restrictions, and boundaries set forth in this code may from time to time be amended, supplemented, changed, or appealed to reflect any and all changes in federal, state, or local regulations; provided, however, that no such action may be taken until after a public hearing in relation thereto, at which citizens and parties in interest shall have an opportunity to be heard. Notice of the time and place of such hearing shall be published in a newspaper of general circulation in the City of Seward. At least 10 days shall elapse between the date of this publication and the public hearing.
B.
A copy of such amendments will be provided to the Nebraska Department of Natural Resources and the Federal Emergency Management Agency for review and approval before being adopted.
§ 410-29.8 Definitions.
Unless specifically defined below, words or phrases used in this code shall be interpreted so as to give them the meaning they have in common usage and to give this code its most reasonable application:
0.2% ANNUAL CHANCE FLOOD ELEVATION
The elevation to which floodwaters are expected to rise during a 0.2% annual chance flood.
0.2% ANNUAL CHANCE FLOODPLAIN
The floodplain that would be inundated by the 0.2% annual chance flood and delineated on the Flood Insurance Rate Maps.
APPURTENANT STRUCTURE
A structure on the same parcel of property as the principal structure, the use of which is incidental to the use of the principal structure. Also shall be known as "accessory structure."
AREA OF SHALLOW FLOODING
A designated AO or AH Zone on a community's Flood Insurance Rate Map (FIRM) with a one-percent or greater annual chance of flooding to an average depth of one foot to three feet where a clearly defined channel is unpredictable and where velocity flow may be evident. Such flooding is characterized by ponding or sheet flow.
BASE FLOOD
The flood having one-percent chance of being equaled or exceeded in any given year.
BASE FLOOD ELEVATION
The elevation to which floodwaters are expected to rise during the base flood.
BASEMENT
Any area of the building having its floor subgrade (below ground level) on all sides.
BUILDING
Means "structure." See definition for "structure."
DEVELOPMENT
Any man-made change to improved or unimproved real estate, including but not limited to the construction, reconstruction, renovation, repair, expansion or alteration of buildings or other structures; the placement of manufactured homes; streets and other paving; utilities; filling, grading, and excavation; mining; dredging; drilling operations; storage of equipment or materials; or obstructions.
EXISTING MANUFACTURED HOME PARK OR SUBDIVISION
A manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including, at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is complete before the effective date of the floodplain management regulations adopted by a community.
EXPANSION TO AN EXISTING MANUFACTURED HOME PARK OR SUBDIVISION
The preparation of additional sites by the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads).
FLOOD FRINGE
That area of the floodplain, outside of the floodway, that has a one-percent chance of flood occurrence in any one year.
FLOOD INSURANCE RATE MAP (FIRM)
An official map of a community, on which the Flood Insurance Study has delineated the special flood hazard area boundaries and the risk-premium zones applicable to the community.
FLOOD INSURANCE STUDY (FIS)
The official report provided by the Federal Emergency Management Agency. The report contains flood profiles, as well as the Flood Insurance Rate Map and the water surface elevation of the base flood.
FLOOD or FLOODING
A general and temporary condition of partial or complete inundation of normally dry land areas.
FLOODPLAIN
Any land area susceptible to being inundated by water from any source (see definition of "flooding"). Floodplain includes flood fringe and floodway. Floodplain and special flood hazard area are the same for use by this code.
FLOODPROOFING
Any combination of structural and nonstructural additions, changes, or adjustments to structures that reduce or eliminate flood damage to real estate or improved real property, water and sanitary facilities, and structures and their contents.
FLOODWAY or REGULATORY FLOODWAY
The channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one foot.
FREEBOARD
A factor of safety usually expressed in feet above a flood level for purposes of floodplain management. Freeboard tends to compensate for the many unknown factors that could contribute to flood heights greater than the height calculated for a selected size flood and floodway conditions, such as wave action, clogged bridge openings, and the hydrological effect of urbanization of the watershed.
HIGHEST ADJACENT GRADE
The highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure.
HISTORIC STRUCTURE
Any structure that is:
A.
Listed individually in the National Register of Historic Places (a listing maintained by the Department of the Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register;
B.
Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district;
C.
Individually listed on a state inventory of historic places in states with historic preservation programs which have been approved by the Secretary of the Interior; or
D.
Individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified either:
(1)
By an approved state program as determined by the Secretary of the Interior; or
(2)
Directly by the Secretary of the Interior in states without approved programs.
LOWEST FLOOR
The lowest floor of the lowest enclosed area (including basement). An unfinished or flood-resistant enclosure, usable solely for parking of vehicles, building access or storage, in an area other than a basement area, is not considered a building's lowest floor, provided that such enclosure is not built or modified so as to render the structure in violation of the applicable nonelevation design requirements of this code.
MANUFACTURED HOME
A structure, transportable in one or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when attached to the required utilities. For the purposes of these provisions, a mobile home shall be considered a manufactured home. The term "manufactured home" does not include a "modular home" or a "recreational vehicle".
MANUFACTURED HOME PARK OR SUBDIVISION
A parcel (or contiguous parcels) of land divided into two or more manufactured home lots for rent or sale.
MODULAR HOME
A structure built off-site, transportable in one or more sections, which is built in an indoor factory setting to meet local building codes and is designed for use with a permanent foundation when attached to the required utilities.
NEW CONSTRUCTION
For floodplain management purposes, "new construction" means structures for which the start of construction commenced on or after the effective date of the floodplain management regulation adopted by a community and includes any subsequent improvements to such structures.
NEW MANUFACTURED HOME PARK OR SUBDIVISION
A manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including, at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed on or after the effective date of floodplain management regulations adopted by a community.
OBSTRUCTION
Any wall, wharf, embankment, levee, dike, pile, abutment, projection, excavation (including the alteration or relocation of a watercourse or drainway), channel rectification, bridge, conduit, culvert, building, stored equipment or material, wire, fence, rock, gravel, refuse, fill, or other analogous structure or matter which may impede, retard, or change the direction of the flow of water, either in itself or by catching or collecting debris carried by such water, or that is placed where the natural flow of the water would carry such structure or matter downstream to the damage or detriment of either life or property. Dams designed to store or divert water are not obstructions if permission for the construction thereof is obtained from the Department of Natural Resources pursuant to the Safety of Dams and Reservoirs Act (Neb. RS §§ 46-1601 to 46-1670, as amended).
OVERLAY DISTRICT
A district in which additional requirements act in conjunction with the underlying zoning district(s). The original zoning district designation does not change.
POST-FIRM STRUCTURE
A building that was constructed or substantially improved after December 31, 1974, or on or after the community's initial Flood Insurance Rate Map dated May 1, 2020, whichever is later.
PRE-FIRM STRUCTURE
A building that was constructed or substantially improved on or before December 31, 1974, or before the community's initial Flood Insurance Rate Map dated May 1, 2020, whichever is later.
PRINCIPALLY ABOVE GROUND
At least 51% of the actual cash value of the structure is above ground.
RECREATIONAL VEHICLE
A vehicle which is:
A.
Built on a single chassis;
B.
Four hundred square feet or less when measured at the largest horizontal projections;
C.
Designed to be self-propelled or permanently towable by a light-duty truck; and
D.
Designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use.
REGULATORY FLOOD ELEVATION
The base flood elevation (BFE) plus a freeboard factor as specified in this code.
SPECIAL FLOOD HAZARD AREA (SFHA)
The land in the floodplain within a community subject to one-percent or greater chance of flooding in any given year.
START OF CONSTRUCTION
The date the floodplain development permit was issued, provided the actual start of construction, repair, reconstruction, rehabilitation, addition, placement, or other improvement was within 180 days of the permit date. "Start of construction" also includes substantial improvement, and means the date the building permit was issued, provided the actual start of construction, repair, reconstruction, rehabilitation, addition, placement, or other improvement was within 180 days of the permit date. The "actual start" means the first placement of permanent construction of a structure on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation. Permanent construction does not include land preparation, such as clearing, grading and filling; nor does it include the installation of streets and/or walkways; nor does it include excavation for a basement, footings, piers, or foundations or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. For a substantial improvement, the "actual start of construction" means the first alteration of any wall, ceiling, floor, or other structural part of a building, whether or not the alteration affects the external dimensions of the building.
STRUCTURE
A walled and roofed building that is principally above ground, as well as a manufactured home and a gas or liquid storage tank that is principally above ground.
SUBDIVISION
The division or redivision of a lot, tract, or parcel of land by any means into two or more lots, tracts, parcels, or other divisions of land, including changes in existing lot lines for the purpose, whether immediate or future, of lease, partition by the court for distribution to heirs or devisees, transfer of ownership, or building or lot development.
SUBSTANTIAL DAMAGE
Damage of any origin sustained by a structure whereby the cost of restoring the structure to its before-damage condition would equal or exceed 50% of the market value of the structure before the damage occurred.
SUBSTANTIAL IMPROVEMENT
Any reconstruction, rehabilitation, addition, or other improvement of a structure, the cost of which equals or exceeds 50% of the market value of the structure before start of construction of the improvement. This includes structures which have incurred substantial damage, regardless of the actual repair work performed. The term does not, however, include either:
A.
Any project for improvement of a structure to correct existing violations of state or local health, sanitary, or safety code specifications which have been identified by the local code enforcement official and which are the minimum necessary to assure safe living conditions; or
B.
Any alteration of an historic structure, provided that the alteration will not preclude the structure's continued designation as an historic structure.
VARIANCE
A grant of relief to an applicant from the requirements of this article that allows construction in a manner otherwise prohibited by this code where specific enforcement would result in unnecessary hardship.
VIOLATION
A failure of a structure or other development to be fully compliant with the community's floodplain management regulations. A structure or other development without the elevation certificate, other certifications, or other evidence of compliance required in this code is presumed to be in violation until such time as that documentation is provided.
WATERCOURSE
Any depression two feet or more below the surrounding land that serves to give direction to a current of water at least nine months of the year and that has a bed and well-defined banks.
§ 410-30.1 Purpose.
The AV Aviation Overlay District is intended to provide for the safe operation of aircraft into and out of Seward Municipal Airport, located in Section 5, Township 10 North, Range 3 East in Seward County, Nebraska. The district provides special regulations to maintain adequate clearance and to eliminate potential hazard, safety, and development conflicts between airport operations and surrounding development. The following additional regulations shall apply to such lands within the corporate limits of Seward, Nebraska and its two-mile zoning jurisdiction within the area of three miles in all directions from the boundaries of any airport. This area within three miles of the boundaries of said airport shall be known as the "airport hazard area" and shall be regulated as follows.
§ 410-30.2 Boundaries and zone descriptions.
A.
Detailed description of hazard area. The hazard area consists of approach and operation zones, transition zones, and turning zones.
(1)
The outer boundary of the hazard area is composed of a series of connected tangents and simple curves which also constitute the outer boundaries of the approach and turning zones.
(2)
The inner boundary of the hazard area is a boundary consisting of a series of intersecting tangents, 500 feet from and parallel to the center line of the instrument runway or landing strip and 250 feet from and parallel to the respective center lines of all other runways or landing strips and connecting the inner boundaries of adjacent approach zones at the ends of the runways, landing strips or proposed runways or landing strips.
B.
Zone descriptions.
(1)
An operation zone shall be located at each end of each existing or proposed runway, landing strip or other portion of the airfield used regularly, or to be used regularly, for the landing or taking off of airplanes. Such approach zones shall begin 200 feet beyond the ends of their respective strips and at such beginning shall be 1,000 feet in width for the instrument runway or landing strip and 500 feet in width for all other runways and landing strips. The approach zones shall begin at the ends of their respective operation zones and shall extend and expand uniformly centered along the extended center line of the respective landing strip, to the outer boundary of the approach zone at a rate of 30 feet of width for each 100 feet of horizontal length for the instrument runway or landing strip and 20 feet of width for each 100 feet of horizontal length of all other runways.
(a)
The inner area of each approach zone shall be that portion of the approach zone beginning 200 feet beyond the end of the respective or proposed landing strip and extending to the intersection of the controlling glide angle with a plane 150 feet above the highest elevations of the end of the respective runway or landing strip.
(b)
The outer area of each approach zone shall be the area between the inner area of the approach zone and the outer limit of the approach zone.
(2)
The transition zones shall be the areas bounded by the inner boundary of the hazard area, the sides of contiguous inner areas of approach zones and the outer limits of the transition zones; said outer limits of the transition zones being the intersections, at elevations of 150 feet above the highest elevation at the ends or edges of the closest runway or landing strip, or proposed runway or landing strip, of a series of contiguous planes originating from bases established by the inner boundary of the hazard area and the edges of adjacent inner areas of approach zones; said planes rising from their respective bases at the rate of one foot vertically to seven feet horizontally to the lines of intersection previously referred to.
(3)
The turning zones shall comprise all portions of the hazard area not contained in the approach zones and in the transition zones. The outer limits of the turning zones shall be a series of points forming a line which is a horizontal distance of three statute miles from the nearest points of the airport's property line boundary.
§ 410-30.3 Height restrictions.
A.
Height regulations. No building, transmission line, communication line, pole, tree, smokestack, chimney, wires, tower or other structure or appurtenance thereto of any kind or character shall hereafter be erected, constructed, repaired or established, nor shall any tree or other object of natural growth be allowed to grow:
(1)
In inner areas of approach zones to a height above the elevation of the nearest point on the end or proposed end of said instrument runway or landing strip in excess of 1/50 and all other runways or landing strips in excess of 1/40 of the distance from the end of the approach zone to said structure or object.
(2)
In the outer area of approach zones and in turning zones to a height in excess of 150 feet above the elevation at the end or proposed end of the nearest runway or landing strip.
(3)
In the transition zones to a height above the planes forming the transition slopes.
(4)
In the existing or proposed operation zones to a height above the existing or proposed finished grade of said runways or landing strips or the surface of the ground.
B.
Exceptions. In the outer area or approach zones and within the turning zones, these height regulations shall not apply to construction or planting which is no higher than 75 feet above the elevation of the end of the nearest runway or landing strip.
§ 410-30.4 Permits.
A.
Permit required. It shall hereafter be unlawful to erect, construct, reconstruct, repair or establish any building, transmission line, communication line, pole, tree, tower, smokestack, chimney, wires or other structure or appurtenance thereto of any kind or character or to plant or replant any tree or other object of natural growth within the boundary of the hazard area of said airport without first obtaining a permit from the Building Official of Seward, Nebraska.
B.
Application forms. Application for a permit as required under these regulations shall be made upon a form to be available in the office of the Building Official, Seward, Nebraska, and shall indicate the approximate location, ground elevation with reference to the elevation at the end of the nearest runway or landing strip and height of the proposed structure or planting.
§ 410-30.5 Nonconforming structures.
A.
Nonconforming structures. Within the hazard area as hereinbefore defined, no nonconforming building, transmission line, communication line, pole, tree, tower, smokestack, chimney, wires or other structure or appurtenance thereto of any kind or character or object of natural growth shall hereafter be replaced, substantially reconstructed, repaired, altered, replanted or allowed to grow, as the case may be, to a height which constitutes a greater hazard to air navigation than existed before these regulations were adopted; if such structures or objects of natural growth have been torn down, destroyed, have deteriorated or decayed to an extent of 80% or more, or abandoned for a period of 12 months or more. "Transmission lines" and "communication lines" as referred to in these regulations shall be interpreted to mean all poles, wires, guys and all other equipment necessary for the operation and maintenance of same within the zone regulated.
B.
Marking of nonconforming structures. Whenever the Building Official shall determine, or shall be notified by the Joint Zoning Board or the Nebraska Department of Aeronautics, that a specific nonconforming structure or object exists and has existed prior to the passage of these regulations and within the zones area hereinbefore described at such height or in such position as to constitute a hazard to the safe operation of aircraft landing at or taking off from said airport, the owner or owners and the lessor or lessors of the premises on which such structure or object is located shall be notified in writing by the Building Official and shall within a reasonable time permit the marking thereof by suitable lights or other signals designated by the Building Official. The cost of such marking shall not be assessed against the owner or lessor of said premises.
§ 410-30.6 Administration.
A.
Administrative agency. The Building Official of the City of Seward, Nebraska, shall administer and enforce these regulations and shall be the administrative agency provided for in Neb. RS 3-319, and shall have all the powers and perform all the duties of the administrative agency as provided by the Joint Airport Zoning Board.
B.
Board of Adjustment. The Board of Adjustment of the City of Seward, Nebraska, shall be the Board of Adjustment with respect to these regulations, to have and exercise the powers conferred by Neb. RS 3-320, and such other powers and duties as are conferred and imposed by law.
