Garden centers.

Roadside stands.

Breeding and raising of small animals and fowl, such as birds, rabbits, chinchillas, and hamsters, is permitted in the RR District, provided that any building housing such animals shall be at least 50 feet from any property line and 25 feet from any dwelling unit on the site. Any such activity must be located entirely within a rear yard. The raising of fowl shall be limited to 50 birds per acre, up to a maximum of 500 birds.

Within the RR District, any lot of one acre and over may maintain one horse, llama, or other equine and/or hoofed animal and its immature offspring. Such a lot may have one additional animal for each additional two acres of lot area, up to a maximum total of 10 animals. No stable shall be located closer than 50 feet to any dwelling unit on the site or 50 feet to any property line.

Animal production use types may not be established within 500 feet of a preexisting residential districts, including RR through RM.

No feeding or disposal of garbage, rubbish, or offal associated with animal production shall occur within 500 feet of any preexisting residential districts, including RR through RM.

No new confined animal feeding operations shall be established within the zoning jurisdiction of the City of Seward.

A CAFO that is lawfully in existence on the effective date of this chapter may continue to operate as a permitted use in an AG District. Operation and expansion of such a facility shall be subject to the following requirements:

General standards and conditional use permit application requirements.

Downtown and group residential uses are permitted in the CBD District only on levels above street level. A unit or units specifically designed for occupancy by disabled residents may be developed at street level subject to approval by the Board of Adjustments.

Exception: A downtown street level residential unit may be developed under a conditional use permit, provided that such dwelling unit meets all of the following conditions (Note: Conditional use would mandate a recommendation for approval by the Planning Commission and approval by the City Council):

Certification.

Minimum and maximum area. A mobile home park shall be considered to be one zoned lot. The minimum contiguous area of a mobile home park shall be two acres.

Density requirements.

Site development standards.

Street access and circulation requirements.

Utilities.

Foundation requirements.

Financial responsibility. Each application for a mobile home park shall include a demonstration by the developer of financial capability to complete the project; and a construction schedule.

Completion schedule. Construction must begin on any approved mobile home park within one year of the date of approval by the Planning Commission and City Council. Such construction shall be completed within two years of approval, unless otherwise extended by the Commission.

Mobile home subdivisions shall be developed in accordance with all standards and requirements set forth in Part 8, Subdivision Regulations, of this chapter. Site development regulations shall be the same as those required in the R-2 Zoning District. Each mobile home shall be considered a single-family detached residential unit for the purpose of determining applicable development regulations.

Mobile home units within mobile home subdivisions shall be built in accordance with the minimum design standards of the United States Department of Housing and Urban Development and display a certification of such compliance. All units shall be installed on a permanent foundation with complete removal of wheels and towing packages.

Maximum floor area ratio is 0.5 for buildings up to and including three stories. The number of living units and occupants is determined by floor area ratio rather than site area per unit regulators. For example, the maximum gross floor area of a retirement residence on a 100,000 square foot site is 50,000 square feet.

Any action that would result in occupancy of the project by persons less than 60 years of age requires approval of a conditional use permit by the City Council following a recommendation by the Planning Commission.[2]

The second dwelling unit shall be located to the rear of the site and shall be separated from the primary dwelling unit by 25 feet.

The second dwelling unit shall be served by a driveway at least 10 feet in width, leading from the public way adjacent to the lot.[3]

Both structures shall meet all other setback requirements of the zoning district.

Each day-care center (general) must be validly licensed by either the State of Nebraska or the appropriate governmental agency.

Each facility shall provide a minimum of 50 square feet of outdoor play area per child, fully enclosed by a fence or wall that is at least 42 inches but not more than 72 inches in height. Play areas shall be easily accessible from the main facility and be free of hazards, including potential traffic hazards.

Conditional use permit applications for general day-care centers shall specify the number and projected ages of children to be cared for at the facility, and the number of projected full- and part-time staff.[1]

Each group-care facility or group home must be validly licensed by either the State of Nebraska or the appropriate governmental agency.

Group homes are permitted in the CBD District only on levels above street level, except that a facility specifically designed for occupancy by disabled residents may be developed at street level, subject to approval as a conditional use by the Planning Commission.

Where permitted in commercial districts, all repair activities, including oil drainage, lifts, and other equipment, must take place within a completely enclosed building. Outdoor storage is permitted only where incidental to auto repair and body repair, provided that such storage is completely screened so as not to be visible from residential areas or public rights-of-way. Screening is subject to provisions of Article 33 of this chapter.

Any spray painting must take place within structures designed for that purpose and be approved by the Building Official.

All entrances and exits serving a gasoline or diesel service station, convenience store offering fuel sales, or automobile repair shop shall be at least 150 feet from a school, public park, religious assembly use, hospital, or residential use, as measured along any public street. Such access shall be at least 40 feet away from the right-of-way line of any intersection.

All fuel pumps shall be set back at least 15 feet from any street line.

All outdoor new display areas for rental and sales facilities shall be surfaced with concrete, asphalt, asphaltic concrete or brick and shall be maintained with materials sufficient to prevent mud, dust or loose material. Existing display areas are exempt from this requirement, unless the use has been discontinued for more than 12 consecutive months.

Body repair services are permitted as an accessory use to automobile rental and sales facilities, provided that such repair services shall not exceed 25% of the gross floor area of the building.

The aircraft must be tugged or trailered from the airport to the maintenance facility.

The aircraft must enter the maintenance facility from the airport side.

No aircraft will remain outdoors outside of hours of operation.

Aircraft maintenance facility must be within 1,000 feet of the Seward Airport Authority property.

When permitted in residential districts, bed-and-breakfasts shall include a maximum of four guest units and the residence of the facility owner.

Bed-and-breakfasts permitted in the CBD District must provide any sleeping facility only on levels above street level, except that units specifically designed and reserved for occupancy by handicapped people may be located on the street level.

Minimum size. Each campground established after the effective date of this chapter shall have a minimum size of one acre.

Setbacks. All campgrounds shall maintain a fifty-foot front yard setback and a twenty-five-foot bufferyard from all other property lines.

Each campground must maintain water supply, sewage disposal, and water and toilet facilities in compliance with all City ordinances; or, alternately, be limited to use by self-contained campers providing their own on-board water and disposal systems.

Architectural design and materials shall be consistent with the current or projected character of the surrounding area.

All outside storage or display of merchandise or other materials or equipment shall be screened from view at eye level from a public street or adjacent property.

All storage buildings with overhead doors, drive openings, or open bays and all loading areas shall be fully screened from view at eye level from a public street or adjacent property.

Minimum screening shall be consistent with screening standards set forth in § 410-33.6.

All areas not occupied by buildings or landscaping shall be paved with concrete or asphalt, or surfaced with gravel or similar treatment to reduce dust.

Activities within the facility shall be limited to the rental of storage cubicles and the administration and maintenance of the facility.

All driveways within the facility shall provide a paved surface with a minimum width of 25 feet.

All storage must be within enclosed buildings and shall not include the storage of hazardous materials.

No storage buildings may open into required front yards.

Facilities, except within the CBD (Central Business District), must maintain landscaped bufferyards of 30 feet adjacent to any public right-of-way and 20 feet adjacent to other property lines, unless greater setbacks are required by Article 33.

Within the CBD (Central Business District), all storage units must be contained within an enclosed building structure.

The dogs shall be under the direct supervision of an on-duty company employee at all times.

Provide sight-obscuring fencing for all on-site outdoor exercise areas. The fence shall be subject to § 410-32.8, Fence regulations.

Outdoor exercise area shall have artificial turf and/or pea gravel.

Maximum of 15 dogs in the outdoor exercise area.

Outdoor exercise area hours of operation are from dawn to dusk.

The outdoor exercise area shall not be used on July 4.

Dog day care facilities shall not be adjacent to a residential zoning district; this includes across streets and rights-of-way.

The applicant shall be required to obtain all licenses and permits and meet the City's conditional use and site plan review requirements, as applicable.

The minimum lot size shall be two acres.

No dog runs or exterior kennels shall be located nearer than 50 feet to any property line and 100 feet to the property line of any residential use or district.

All kennel facilities shall be screened around such facilities or at property lines to prevent distracting or exciting animals. Screening shall be of a type provided by Article 33, establishing landscape and screening standards.

No adult entertainment business shall be open for business between the hours of 12:00 midnight and 6:00 a.m.

A new adult entertainment business shall not be allowed within 1,000 feet of an existing adult entertainment business.

A new adult entertainment business shall not be located within 500 feet of any residentially zoned district or 1,000 feet of a preexisting school, public park, or place of worship.

The provisions of this subsection shall apply to any adult entertainment businesses in existence at the time the ordinance codified in this chapter takes effect. All nonconformance shall come into compliance on or before January 1, 2005, and no such nonconforming use shall be permitted to expand in size or scope, and the rights granted in this chapter shall terminate upon cessation of business, sale or transfer of ownership of the adult entertainment business.

Measurement of distances. For the purpose of this subsection, measurements shall be made in a straight line, without regard to intervening structures or objects, from the main entrance of such adult entertainment business to the point on the property line of such other business, school, church, public park or areas zoned for residential use which is closest to the main entrance of such adult entertainment business.

No adult entertainment business shall be conducted in any manner that permits the observation of models or any material depicting, describing or relating to specified sexual activities or specified anatomical areas by display, decoration, sign, show window or other opening from any public way or from any property not licensed as an adult use. No operator of an adult entertainment business or any officer, associate, member, representative, agent, owner, or employee of such business shall engage in any activity or conduct or permit any other person to engage in any activity or conduct in or about the premises which is prohibited by this code or any laws of the state or the United States.

No part of the interior of the adult entertainment business shall be visible from any pedestrian sidewalk, walkway, street, or other public or semi-public area.

An adult entertainment business shall post a sign at the entrance of the premises, which shall state the nature of the business and shall state that no one under the age of 18 years is allowed on the premises. The sign shall comply with the City's sign regulations. This subsection shall not be construed to prohibit the owner from establishing an older age limitation for coming on the premises.

Nuisance operation. Any adult entertainment business operated, conducted or maintained contrary to the provisions of this chapter shall be and the same is declared to be unlawful and a public nuisance, and the City Attorney may, in addition to or in lieu of prosecuting a criminal action under this chapter, commence an action or actions, proceeding or proceedings, for the abatement, removal or enjoinment thereof, in the manner prescribed by law, and shall take such other steps and shall apply to such court or courts as may have jurisdiction to grant such relief as will abate or remove such establishment and restrain and enjoin any person from operating, conducting or maintaining an adult entertainment business contrary to the provisions of this chapter.

Erosion control. A resource extraction use may not increase the amount of storm run-off onto adjacent properties as determined by review of the Zoning Administrator. Erosion control facilities, including retention and sediment basins, are required of each facility, if necessary, to meet this standard.

Surface drainage. The surface of the use may not result in the collection or ponding of water, unless specifically permitted as part of a conditional use permit.

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

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

Restoration of landscape. The topography and soil of the resource extraction site shall be restored and stabilized within nine months of completion of the operation. The site shall be seeded, planted, and contoured in a way that prevents erosion. Alternately, the site may be used as a lake or body of water, subject to approval by the City Council with the recommendation of the Planning Commission and the appropriate Natural Resources District.

Screening.

Storage of materials within any salvage services facility may not be higher than the height of the surrounding screen fence or wall.

No new salvage services use may be established within 500 feet of the nearest property line of a preexisting residential zoning district or of any pre-established civic use.

Setback: All vehicle storage facilities shall be set back a minimum of 300 feet from the right-of-way of Highways 15 and 34.

Fencing: All vehicle storage facilities will have a secure fencing system made from approved materials set forth herein.

Screening: All vehicle storage facilities when adjacent to a lower density zoning district shall utilize screening as set forth in Article 33.

Mobilization: All vehicles in a vehicle storage facility shall be operable and able to legally travel upon the streets and highways of the City of Seward and State of Nebraska.

It is the policy of the City of Seward to encourage co-location of new communications towers with existing towers or as part of suitable existing structures. All applications for approval of a communications tower location shall include evidence that all potential alternatives for location on existing towers have been explored and exhausted. Applicants may not be denied space on an existing tower within the City of Seward and its jurisdiction unless mechanical, structural, regulatory factors, or legitimate business expansion plans prohibit co-location.

The applicant for a communications tower location is required to demonstrate as part of its application that the tower must be located on the proposed site in order to satisfy its function in the company's system. The applicant must also demonstrate that the proposed height is the minimum height necessary for the successful functioning of the tower.

Freestanding towers shall be located so that the distance from the base of the tower to any adjoining property line or the supporting structure of a separate neighboring tower is a minimum of 100% of the tower height. The Planning Commission may recommend and the City Council approve a reduction to the setback with a conditional use permit if they determine that such reduction does not constitute a hazard to safety or property on adjacent properties or rights-of-way.

The tower installation shall be designed to be aesthetically and architecturally compatible with the built environment of the City of Seward. The City encourages efforts to hide towers or restrict their visibility from public rights-of-way or neighboring properties. Associated support buildings shall be designed with materials that are consistent with those in the surrounding neighborhood. Metal exteriors shall generally not be permitted for accessory support buildings.

All tower installations shall maintain landscaped peripheral yards with a minimum depth of 35 feet from surrounding property lines. One tree consistent with the provisions of Article 33 shall be planted for every 500 square feet of required peripheral yard area.

As part of the conditional use permit approval process, the City Council may permit the tower to exceed the height restrictions otherwise allowable in the district.

Towers shall have a color generally matching the surroundings or background that minimizes their visibility, unless a different color is required by the FCC or FAA.

Lights, signals and signs. No signals, lights or signs shall be permitted on towers unless required by the FCC or the FAA. Should lighting be required, at the time of construction of the tower in cases where there are residential users located within a distance which is 300% of the height of the tower from the tower, then dual-mode lighting shall be requested from the FAA. Lighting on towers shall not exceed the minimum requirements of the FAA or other regulatory agencies.

Adequate security measures are required at the base of the tower to prevent vandalism or hazards resulting from casual access to the facility.

Consistent with the policy of this chapter, the telecommunications company proposing to construct an antenna support structure, or mount an antenna on an existing structure, shall demonstrate, using technological evidence, that the antenna must go where it is proposed in order to satisfy its function in the company's grid system. Further, the company must demonstrate by technological evidence that the height requested is the minimum height necessary.

Applications for necessary permits will only be processed when the applicant demonstrates that it is either an FCC-licensed telecommunications provider or has in place necessary agreements with an FCC-licensed telecommunications provider for use or lease of the support structure.

Personal wireless service facilities should be located and designed to minimize any impacts on residential property values. Sites should be placed in locations where the existing topography, vegetation, buildings or other structures provide the greatest amount of screening.

Location and design of sites in all districts should consider the impact of the site on the surrounding neighborhood and the visual impact within the zone district. In residential districts and residential land use areas, the minimum lot size for towers shall be three acres.

The following establishes the order of priorities for locating new communications facilities:

An applicant for a new antenna support structure to be located in a residential zoning district shall demonstrate that a diligent effort has been made to locate the proposed communications facilities on a government structure, a private institutional structure, or other appropriate existing structures within a nonresidential zoning district, and that due to valid considerations, including physical constraints, or technological feasibility, no appropriate location is available. The telecommunications company is required to demonstrate that it contacted the owners of structures in excess of 30 feet within a one-quarter-mile radius of the site proposed, asked for permission to install the antenna on those structures, and was denied for reasons other than economic ones. The information submitted by the applicant shall include a map of the area to be served by the tower, its relationship to other antenna sites in the applicant's network, and an evaluation of existing buildings taller than 30 feet, towers and water tanks within one-quarter mile of the proposed tower.

Compliance with codes. Each landfill must comply with all relevant City, county, state, or federal codes and statutes.

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

Drainage and water supply. No landfill may modify or prevent the flow of major natural drainageways within the jurisdiction of the City of Seward. Landfills shall not produce a measurable increase in pollution in any public water-based recreational facility or in any waterway or well that is a part of a public or private water supply.

Minimum separation from residential uses. No nonputrescible landfill may be established within 300 feet of a developed residential or public use. No landfill involving the disposal of putrescible or septic wastes shall be established within one-quarter mile of any residential, public, or commercial zoning district; or any state or federal highway.

Restoration of site. The site of any landfill must be restored, stabilized, planted, and seeded within six months after the end of the operation. Dissipation of waste products must be accomplished in a manner approved by the State of Nebraska's Department of Environmental Quality.

Toxic waste. The disposal of hazardous, toxic, or radioactive wastes as defined by the Federal Environmental Protection Agency shall be prohibited within the City of Seward and its extraterritorial jurisdiction.

The distance from all lot lines or any building or power line to any tower support base of a WECS shall be equal to the sum of the tower height and the diameter of the rotor. A reduction of this requirement may be granted as part of a conditional use permit approval if the City Council, after recommendation by the Planning Commission, finds that the reduction is consistent with public health, safety, and welfare.[1]

The distance between the tower support bases of any two WECS shall be the minimum of five rotor lengths, determined by the size of the largest rotor. A reduction of this requirement may be granted as part of a conditional use permit approval if the City Council, after recommendation by the Planning Commission, finds that the reduction does not impede the operation of either WECS.[2]

Any tower or rotor shall maintain a distance of at least 100 horizontal feet from any structure, power line, or antenna located on another property.

The WECS operation shall not interfere with radio, television, computer, or other electronic operations on adjacent properties.

A fence eight feet high with a locking gate shall be placed around any WECS tower base; or the tower climbing apparatus shall begin no lower than 12 feet above ground.

The height of the WECS may exceed the height restrictions of the base district by up to 50%. The bottom tip of any rotor must be at least 10 feet above any area accessible to pedestrians.

External effects.

Employees. The home occupation shall employ no more than one full-time or part-time employee on site other than the residents of the dwelling unit, provided that one off-street parking space is made available for the use of that nonresident employee.[1]

Extent of use. For all residential and agricultural zoning districts, the smaller of 25% of the floor area of the dwelling or 480 square feet may be devoted to the home occupation, inclusive of any detached accessory buildings used for the home occupation.

Signage. Each home-based business shall be permitted to have one nonilluminated wall sign not to exceed six square feet in area.

Traffic generation and parking.

Prohibited home-based businesses or home occupations. The following activities are prohibited as home-based businesses, even if they meet the other requirements set forth in this section:

Conditional use permit:

Residential uses may include the following accessory uses, activities, and structures on the same lot:

Parking for the principal use.

Manufacturing or fabrication of products made for sale in a principal commercial use, provided such manufacturing is totally contained within the structure housing the principal use.

Services operated for the sole benefit of employees of the principal use.

Garden centers and roadside stands, subject to the regulations set forth in § 410-31.2.

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

Buildings that directly serve and are required for the conduct of crop and animal production are exempt from requirements for building permits and inspections. Structures that house other uses are subject to the requirements of this chapter, even if located on property zoned or primarily zoned or used for agricultural purposes.

Outdoor storage is permitted where incidental to agricultural sales and service, auto rentals and sales, construction sales and service, equipment sales and service, stables and kennels, and surplus sales.

Outdoor storage is permitted where incidental to auto services, equipment repair, long-term vehicle storage, and body repair, provided that such storage is completely screened at property lines by an opaque barrier, as set forth in § 410-33.6. This provision shall apply to any auto services, equipment repair, or body repair use established after the effective date of this chapter.

Outdoor storage is permitted where it is incidental to industrial uses within the AG and I-1 Zoning Districts. Any such outdoor storage is subject to screening requirements set forth in Article 33.

Outdoor storage is permitted where incidental to landfills.

Model homes or apartments, if contained within the development to which they pertain.

Development sales offices. Such offices may remain in place until 90% of the lots or units within the development are sold and may not be located within a mobile home or manufactured home/structure.

Public assemblies, displays, and exhibits.

Commercial circuses, carnivals, fairs, festivals, or other transient events, provided that events are located on property owned by the sponsoring nonprofit organization, or are located within an AG, C-1, C-2, CBD, I-1 or I-2 Zoning District. Such uses shall not exceed three weeks in duration.

Outdoor art shows and exhibits.

Seasonal sales, including Christmas tree or other holiday-related merchandise sales lots, provided that such facilities are not located in a residential zoning district.

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

Outdoor special sales, provided that such sales operate no more than three days in the same week and five days in the same month; and are located in commercial or industrial zoning districts.

Construction batch plants in the I-1 District, provided that:

Additional temporary uses that the Zoning Administrator determines to be similar to the previously described uses in this section.

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

The Zoning Administrator may establish other conditions that he/she deems necessary to ensure compatibility with surrounding land uses.

Shipping containers are allowed in C-2 and BP districts under a special use permit, included with but not limited to the following requirements:

Shipping containers are not allowed in commercial districts when the primary use is a nonconforming use.

Shipping containers are allowed in industrial districts, provided that the use is in conformance with current permitted zoning uses. Shipping containers used only for storage do not require a building permit or engineering foundation.

Shipping containers are not allowed on industrially zoned properties on which the primary use is a nonconforming use.

A building permit is required prior to placement of a shipping container(s) larger than 200 square feet in area, ensuring effective anchoring/foundation according to the then most current edition of the International Building Code. The application shall show the proposed cargo container is accessory to the permitted use of the property and meets the placement criteria for the zone.

The setback, height, and lot coverage requirements in the underlying zoning district shall apply.

The screening standards set forth in § 410-33.6 shall apply.

Architectural projections, including roofs that cover porches, enclosed porches, window sills, belt courses, cornices, eaves, flues and chimneys, and ornamental features may project two feet into a required yard.

Uncovered decks, and ornamental features that have no structural element more than three feet above or below the adjacent ground level may project six feet into a required front yard. However, all such projections must be set back at least three feet from an adjacent side lot line; or 15 feet from any street property line.

Window wells, fire escapes, fireproof outside stairways, and balconies opening to fire towers may project a maximum of three feet into required yards, provided that they do not obstruct the light and ventilation of adjacent buildings.

For buildings constructed upon a front property line, a cornice may project into the public right-of-way. Maximum projection is the smaller of four feet or 5% of the right-of-way width.

Swimming pools shall be subject to the same location and setback requirements as accessory buildings.[1]

Corner lots.

Conditional use permit approvals. The City Council, following the recommendation of the Planning Commission, may grant an exception from the setback requirement for a zoning district for a conditional use as part of its approval of that use. The limit or extent of this exception shall be a specific part of the conditional use permit.

Antennas with a surface area over 6.3 square feet which are accessory to a primary use and are designed to receive and transmit electromagnetic signals, or to receive signals from satellites, shall not be located within any front yard of the primary use.

Antennas with a surface area of over 6.3 square feet are subject to the following additional regulations:

Twenty feet back from the intersection of curblines and right-of-way edges of alleys.

Seventy-five feet from the intersection of the center lines of intersecting local streets.

Ninety feet from the intersection of the center lines of intersecting collector or arterial streets.

Rear yard. The minimum rear yard setback for accessory buildings shall be 7.5 feet. The sum of the width of the alley and the rear yard setback shall be at least 20 feet if the accessory building is a garage with a vehicular entrance door that is directly oriented toward an alley. Double-frontage lots shall require front yard setbacks along both street frontages as required by the individual zoning district. Easements may be incorporated into these required setbacks. No accessory building shall be located within any easement or right-of-way along the rear property line.

Street yards. No accessory building shall be located within 20 feet from any street right-of-way line.

Garage setbacks. Any garage that fronts on a public street must be set back at least 20 feet from such street, regardless of the setback requirement within the zoning district. This shall not be interpreted to waive a larger required minimum setback required by the zoning district.

The maximum size of a detached accessory building for a single-family detached, single-family attached, or duplex residential use in the R-1, R-2, R-3, R-4 and R-M Districts shall not exceed 900 square feet for lots less than one acre in size and 1,200 square feet for lots exceeding one acre in size. An accessory building may exceed these maximums subject to approval of a conditional use permit and other requirements of this section.

All accessory buildings on a site, taken together, must comply with the building coverage requirements for the zoning district.

Separation from other buildings. No accessory building shall be placed within five feet of any other building on its own property.

Attached accessory buildings. Any accessory building physically attached to the principal building shall be considered part of the principal building and subject to the development regulations of its zoning district, except as modified in this section.

Effect on adjacent properties. If an adjacent lot is built upon, the accessory building must be entirely to the rear of the line of any principal building on such adjacent lot.

Hazards. Any accessory use that creates a potential fire hazard shall be located a minimum of 10 feet from any residential structure. Such uses include but are not limited to detached fireplaces, barbecue ovens, or storage of flammable materials.

No accessory building shall be built upon any lot until construction of the principal building has begun.

Chimneys, cooling towers, building mechanical equipment, elevator bulkheads, fire towers, grain elevators, non-parabolic receiving antennas, tanks, solariums, steeples, penthouses not exceeding 25% of total roof area, flagpoles, stage towers or scenery lofts, and water towers may be built to any height in accordance with existing and future ordinances.

Any such equipment or vertical projections attached to a building and exceeding the height limit shall be screened to prevent visibility from a public right-of-way or adjacent property using materials or design features that are consistent with the overall design of the main building.

No such projection may be built which in the event of failure could constitute a hazard or fall onto either a public right-of-way or property or another private property.

Structures must maintain normal street yard setbacks from any public streets that form the perimeter of the development.

Structures must maintain a twenty-foot minimum side yard setback from any property line that forms the boundary of the development.

Individual lots within an innovative development are permitted special minimum lot area and yard setback requirements set forth elsewhere in this chapter. An innovative subdivision must be planned and developed as a common development.

Any private garage oriented to or facing a public street or private way internal to the innovative subdivision must be set back a minimum of 20 feet from that public street or private way.[3]

Unless otherwise provided by this chapter or other sections of the Seward Municipal Code, no fence shall be built on any lot or tract outside the surveyed lot lines.

No fence shall be built by a private party on public land without the specific prior approval of the City. Removal of any such fence shall be at the expense of its owner.

Height. The maximum average height of a fence shall be 78 inches. This height limit does not apply to supports, posts, or attached ornaments. The maximum height for any fence outside of a required front yard shall be six feet. The maximum height for any fence in the required front yard shall be four feet.

Setbacks. All residential fences shall be a minimum of two feet behind adjacent sidewalks and one foot behind adjacent alleys.

Materials. Fences shall be constructed of wood, chain-link, PVC/rosin, stone or masonry materials, or ornamental metals only. Wood fences shall utilize standard building lumber only. Barbed wire and/or electrified fences are not permitted and are defined as any fence that includes in its material barbs, blades, razors, electric current or other features specifically designed to injure or abrade an individual or animal who attempts to negotiate the fence. Wire mesh fences may be permitted to enclose tennis courts and game and recreation areas on public land and residential lots.

Exception: Fences surrounding public utilities may have barbed wire provided that not more than three strands of barbed wire upon supports inclined at an angle not greater than 60° with the horizontal plane when such wires are strung so that they are suspended above and within the property lines, and further, that all elements of said fence shall be within a line drawn perpendicular upward from the property line, and the bottom strand of such barbed wire is not less than six feet above the surface of the ground measured from the outer face of such fence.

The maximum height of a fence for any permitted use in any nonresidential zoning district shall be eight feet.

Civic uses in residential districts. The maximum height of fences installed as part of primary and secondary educational facilities, day care, and park and recreation use types, or any other use that provides secured outdoor space for the use of children within Residential Zoning Districts, shall be eight feet.

The Board of Adjustment may approve greater fence heights on a case-by-case basis if it concludes that such permission furthers the health, safety, and welfare of the residents of the City of Seward.

Barbed wire fence. It shall be unlawful for any person to erect or cause to be erected or to maintain any barbed wire fence or any barbed wire strung along or upon any fence as a barrier within the city limits and the jurisdictional area of the city; provided that fences erected within the I-2 General Industrial Zoning District, or fences surrounding public utilities, city, county and state maintenance facilities, or airports may be permissible to string not more than three strands of barbed wire upon supports inclined at an angle not greater than 60° with the horizontal plane when such wires are strung so that they are suspended above and within the property lines, and further, that all elements of said fence shall be within a line drawn perpendicular upward from the property line, and the bottom strand of such barbed wire is not less than six feet above the surface of the ground measured from the outer face of such fence.

Electrified fences are not permitted within the jurisdiction of the City of Seward.

Height. The maximum height of a fence for any permitted use in agricultural and rural residential districts shall be six feet.

Setbacks. All fences shall be located outside the dedicated right-of-way.

Barbed wire may be used to control ranging livestock, when surrounding public utilities, or when surrounding city, county, and state maintenance facilities.

Electrified fences may be used to control ranging livestock.