(a)

General. There shall be provided at the time of erection of any main building or at the time such buildings are altered, enlarged, converted or increased in capacity minimum off-street parking space with adequate provision for ingress and egress by standard-sized vehicles in accordance with the requirements of this Code.

(b)

Parking space requirements.

(1)

Required number. The off-street parking spaces required for each use permitted by this code shall not be less than that found in the off-street parking schedule table following this section, provided that any fractional parking space be computed as a whole space.

Notwithstanding the amount of off-street parking required by this code, the city council may approve less off-street parking when the proponent of a use demonstrates that, because of special circumstances involved with a particular use, it is obvious that the off-street parking required by this code exceeds any reasonable likely need.

(2)

Contractual parking. Contractual agreements may be made between uses which generate parking demands at different times in such a manner that the requirements of more than one use may be met by the same space. Provided, the parking demand for each such use involved is in fact met. In a commercial planned unit development where parking cannot reasonably be assigned to individual uses, two square feet of gross parking lot shall be provided for each square foot of gross floor area. Such contractual agreements shall be approved by the building official and kept on file. The building official shall be contacted within three business days at such time the parking agreement is dissolved or any changes to the agreement have been made. At such time the building official shall determine if the intent of this section has been maintained. The city council may at any time terminate a parking agreement when it is determined that the intent of this section has not been met.

(3)

Combination of uses. Where there is a combination of uses on a lot, the required number of parking spaces shall be the sum of that found for each use.

(4)

Location of lot. The parking spaces required by this code shall be provided on the same lot as the use or where the exclusive use of such is provided on another lot not more than 150 feet radially from the subject lot within the same or less restrictive zoning district.

(5)

Surface materials. All parking spaces, parking lots, access aisles, driveways, approaches and parking stalls shall be hard surfaced with concrete or asphalt in all zones.

Exception: M Zones zoning districts, such as those associated with trucking facilities, large outdoor recreational areas and other similar uses, may use a dust-free gravel, crushed concrete or other approved surfacing material in parking areas other than those required by the off-street parking schedule table following this section.

(c)

Parking stall dimension.

(1)

Width. A minimum width of nine feet (2743 mm) shall be provided for each parking stall.

a.

Exceptions:

1.

Compact parking stalls may be eight feet (2438 mm) wide.

2.

Parallel parking stalls may be eight feet (2438 mm) wide.

(2)

Length. A minimum length of 20 feet (6096 mm) shall be provided for each parking stall.

a.

Exceptions:

1.

Compact parking stalls may be 18 feet (5486 mm) in length.

2.

Parallel parking stalls shall be a minimum 22 feet (6706 mm) in length.

(d)

Design of parking facilities.

(1)

Driveway width. Every parking facility shall be provided with one or more access driveways, the width of which shall be as follows:

a.

Private driveways at least nine feet (2743 mm).

b.

Commercial driveways.

1.

12 feet (3658 mm) for one-way enter/exit.

2.

24 feet (7315 mm) for two-way enter/exit.

(2)

Driveway and ramp slopes. The maximum slope of any driveway or ramp shall not exceed eight percent. Transition slopes in driveways and ramps shall be provided in accordance with the standards set by the code official and the jurisdiction's engineer.

(3)

Stall accessibility. Each required parking stall shall be individually and easily accessible based on good engineering practice. No automobile shall be required to back onto any public street or sidewalk to leave any parking stall when such stall serves more than two dwelling units or other than residential uses. All portions of a public lot or garage shall be accessible to other portions thereof without requiring the use of any public street.

(4)

Compact-to-standard stall ratio. The maximum ratio of compact stalls to standard stalls in any parking area shall not exceed 1 to 4.

(5)

Parking lot screening. Reserved.

(6)

Striping. All parking stalls shall be striped in a manner approved by the code official.

Exception: A private garage or parking area for the exclusive use of a single-family dwelling.

(7)

Lighting. All lights illuminating a parking area shall be designed and located so as to reflect away from any street and adjacent property.

(8)

Parking location. Parking is permitted within any enclosed structure when the structure otherwise conforms to the requirements of its specific zoning district. Parking is permitted outside of an enclosed structure in the side yard, behind the line of the required front yard setback, or in the rear provided the space is on a paved hard surfaced driveway or paved pad adjacent to the driveway. Parking is permitted outside an enclosed structure within the required front yard setback, subject to the following:

a.

The parking space is provided on a paved hard surfaced driveway or paved pad adjacent to the driveway.

b.

Space is unavailable in the side yard behind the required front yard setback or in the rear yard, or where there is no reasonable access to the side or rear yard. A corner lot is normally considered to have reasonable access to the rear yard. A fence does not prevent reasonable access. Grade change or substantial vegetation or landscape features can be considered to prevent reasonable access.

c.

Enclosed parking in conformance with the requirement of the district is impossible.

d.

The vehicle is parked perpendicular to the front curb.

e.

The vehicle must not encroach on the public right-of-way

f.

The vehicle must not encroach on a public sidewalk. A sidewalk is considered to be public when it parallels a public right-of-way and is considered a required sidewalk.

(e)

Outdoor travel trailers and boats.

(1)

Vehicles shall be maintained in a clean, well-kept manner.

(2)

The vehicle may be used only by nonpaying guests in a residential district for a maximum of three consecutive days or 14 days during any calendar year. Cooking is prohibited at all times.

(3)

The vehicle may not be permanently connected to utilities.

(4)

The vehicle may not be used for storage of goods, materials, or equipment, other than those items, which are part of the unit or essential to its immediate use.

(5)

The length of the vehicle shall not exceed 20 feet if the vehicle is parked in the required front yard.

(6)

No more than two boats and/or campers shall be stored on each lot.

(7)

Boat and camper storage shall be maintained behind the required front yard setback or comply with the front yard exceptions as identified for automobile parking as outlined above.

(f)

Parking implementation. Residential lots with nonconforming parking areas shall have one year after the adoption of this code to conform with all of the requirements of this code.

(Ord. of 11-8-99, § 801)

(a)

Fence and retaining wall heights in required yards shall not exceed those found in the Maximum Fence Height Table following this article.

(b)

Fences shall not be constructed within two feet on any public sidewalk or within one foot of any alley or right-of-way.

(c)

Fences shall not exceed 48 inches in height in the front yard.

(d)

Fences shall not exceed six feet in height in the side or rear yard.

(e)

Fences shall in no case shall be installed on lots which will obstruct the view of motor vehicles.

(f)

All materials used in the construction of a fence must be approved by the building official.

(g)

Fences shall not be erected or maintained which are constructed of barbed wire or charged with electricity. Exception, the city council may review and approve on a case by case basis, the use of such materials at their discretion. Requests to use these materials must be made in writing and shall be discussed during regularly scheduled public meetings.

(h)

It shall be the property owner's responsibility to know where the property boundaries are located. Fences may be constructed on the property boundary, provided no other fence location restriction applies.

(i)

Fences must remain one foot off of an alley or easement. Upon approval by the building official, fences may be constructed across an easement if 10-foot wide gates are provided at each end of the property or easement. Fences placed in easements are at risk of being damaged or destroyed by utility personnel or equipment at any time. The city or any other utility may not be held responsible to damage done to any fence in an easement.

(j)

It shall be the responsibility of the property owner to maintain his fence in a safe and sound condition.

(k)

A fence permit is required for:

(1)

All new fence installations,

(2)

Additions to an existing fence,

(3)

Alterations of an existing fence,

(4)

Replacement of an existing fences, when the fence exceeds 24 inches in height.

(l)

No fence shall be located in road right-of-ways or roadway easements.

(m)

Screening.

(1)

Approved materials. The building official must approve all screening material prior to installation. Materials typically used for screening are heavy cloth, wood, metal, slats in chain link fencing, evergreens, earthen knoll, stone, brick, masonry or in combination.

(2)

Height. Screening shall be installed to a minimum height of between six to 12 feet above finish grade, at the direction of the building official, to visually obscure a particular use from all right-of-ways Screening shall be so designed and installed to properly meet the environmental demands as outlined in the 1994 Edition of the Uniform Building Code, or other applicable regulator reference.

(3)

Garbage containers, used cooking oil containers, refuse containers, and dumpsters. Reserved.

(4)

Required zoning district screening. Screening shall be required for outside storage areas and all other uses and activities not conducted entirely within an enclosed building in C-4, M-1 and M-4 Zoning Districts. M-4 zoning district uses shall be screened along all boundaries.

Exception. Properly licensed automotive dealer sales lots in full compliance with all applicable regulations.

(Ord. of 11-8-99, § 802)

(a)

General. Accessory buildings shall occupy the same lot as the main use or building.

(b)

Private detached garage, location. An accessory building used as a private garage may be located in any portion of the rear yard or side yard, provided that a five foot setback is maintained from an interior lot line, alley, or easement, and a 15 foot setback is maintained from a property line on the street side of a corner lot.

(c)

Private attached garage, location. Garages shall maintain the same setback as the main building for the zone in which it is located.

(d)

Storage buildings. All accessory buildings used for storage or other similar uses may be located in any portion of the rear yard or side yard, provided that a three foot setback be maintained from an interior lot line, alley or easement, and a 15 foot setback is maintained from a property line on the street side of a corner lot. No storage building shall be located in the front yard.

(e)

Satellite dishes, location. All satellite dishes, which are less than 25 inches in diameter, shall be installed as to meet the setback and maximum height requirements for the zone in which it is to be located. All satellite dishes which are 25 inches or greater in diameter shall be installed within the rear yard and shall meet the height restrictions for the zone in which it is to be located. At no time shall a satellite dish be installed which may obstruct the view of traffic.

(Ord. of 11-8-99, § 803)

(a)

General. Eaves, cornices, bay windows or other similar architectural features may project into a required yard no more than 12 inches (305 mm). Chimneys may project no more than two feet into a required yard.

(b)

Front yards. Open, unenclosed ramps, porches, platforms or landings, not covered by a roof, may extend no more than six feet into the required front yard provided such porch does not extend above the first level and is no more than six feet above finish grade at any point.

(c)

Required yards. No part of a yard or other open space required in connection with any building or structure for the purposes of complying with the provisions of this chapter shall be included as a part of a yard or other open space similarly required for another building or structure.

(d)

Abutting a street. No building or use of land for other than agricultural purposes shall be established on a lot that does not abut a public street.

Exception. The code official may authorize and approve building construction or use of land for other than agricultural purposes on existing tracts of land, with recorded multipurpose easements of adequate size to allow for ingress, egress and utility services, provided proper zoning, lot size, setbacks and other applicable section of this Code are observed.

(e)

Reduction of lot size. No lot, even though it may consist of one or more adjacent lots of record, shall be reduced in size so that the lot width or depth, front, side or rear yards, lot area per family, or other requirement of this Code is not maintained.

Exception. One single-family dwelling may be constructed on any lot properly zoned for single-family dwellings, if the lot is part of a platted subdivision and considered a lot of record by the Dakota County Register of Deeds, and if the proper setbacks are provided as established by this Code, however, where 40 percent or more of the frontage on one street in any block is built up with buildings, the majority of which having a setback with a variation of not more than five feet, no building fronts on such street in such block shall project beyond the average setback line so established.

(f)

Height limitations. The height limitations of this Code shall not apply to chimneys, cooling or water towers, grain elevators, bulkheads, fore towers, monuments, stacks, storage towers, tanks, spires, church steeples, radio towers, necessary mechanical apparatus, gas tanks, penthouses, stage towers, ornamental towers, cupolas, domes and parapet walls not exceeding four feet in height.

(Ord. of 11-8-99, § 804; Ord. No. 2002-3, § 1, 3-11-02)

(a)

General. Landscaping is required for all new buildings and additions over 500 square feet (46.5 m2) as defined in this section. Said landscaping shall be completed within one year from the date of occupancy of the building.

(b)

Front yards. Front yards required by this code shall be completely landscaped, except for those areas occupied by access driveways, walls and structures.

(c)

Street-side side yards. All street-side side yards shall be completely landscaped, except for those areas occupied by utilities, access driveways, walls and structures.

(d)

Maintenance. All live landscaping required by this code shall be properly maintained. All dead or dying landscaping shall be replaced immediately and all lawn areas mowed, fertilized and irrigated on a regular basis.

(Ord. of 11-8-99, § 805)

(a)

General. Loading spaces shall be provided on the same lot for every building in the C or M zones. No loading space is required if prevented by an existing lawful building. The building official may waive requirement on unusual lots.

(b)

Size. Loading space shall be at least 12 feet wide and 60 feet long for M Zones. Establishments in a C Zone shall provide loading spaces twelve feet wide and 30 feet long. Access aisles shall be adequate to accommodate the maneuvering into position of delivery vehicles.

(Ord. of 11-8-99, § 806)

(a)

General. This section is intended to provide the community with fair and equitable grading practices and is not meant to supersede the requirements of any other ordinance or code.

(b)

Grading responsibilities.

(1)

Protection of utilities. The developer shall be responsible for the prevention of damage to any public utilities or services.

(2)

Protection of adjacent property. The person doing or causing grading is responsible for the prevention of damage to adjacent property. No person shall excavate on land sufficiently close to the property line to endanger any adjoining public street, sidewalk, alley or other public or private property, without supporting and protecting such property from any damage that might result.

(3)

Inspection notice. The developer shall notify the building department at least 24 hours prior to the start of work.

(4)

Temporary erosion control. The developer shall put into effect and maintain all precautionary measures necessary to protect adjacent watercourses and public or private property from damage by water erosion, flooding or deposition of mud or debris originating from the site. Precautionary measures must include provisions of properly designed sediment control facilities so that downstream properties are not affected by upstream erosion.

(5)

Traffic control and protection of streets. The developer shall provide flagmen, signs, barricades and other safety devices to ensure adequate safety when working in or near public streets.

(6)

Hazard from existing grading. Whenever any existing excavation, embankment or fill has become a hazard to life or limb, or endangers structures, or adversely affects the safety, use or stability of a public way or drainage channel, the owner of the property, public way or drainage channel, the owner of the property upon which the excavation, embankment, or fill is located, or other person or agent in control of said property, upon receipt of notice in writing from the jurisdiction, shall within the period specified therein repair, reconstruct or remove such excavations, embankment or fill to eliminate the hazard.

(7)

Tracking of dirt onto public streets. The developer shall provide for adequate cleaning of equipment to prevent the tracking of dirt and debris onto public streets.

(8)

Maintenance of waterway and irrigation canals. The developer shall take all precautionary measures to protect and maintain the flow of waterways and irrigation canals.

(9)

Re-vegetation. The loss of trees, ground cover, and topsoil shall be minimized on any grading project. In addition to mechanical methods of erosion control, graded areas shall be protected to the extent practical from damage by erosion by planting grass or ground cover plants and/or trees. Such plantings shall provide for rapid, short-term coverage of the slopes as well as long-term permanent coverage. A plan by a landscape architect may be required.

(c)

Design standards. The grading design standards required herein shall be those found in Appendix Chapter 33 of the Building Code.

(Ord. of 11-8-99, § 807)

(a)

Residential entrances. There shall be a passageway leading from the public way to the exterior entrance of each dwelling unit in every multi-family dwelling and other residential buildings of not less than ten feet (3048 mm) in width. The passageway shall be increased by two feet (610 mm) for each story over two.

(b)

Separation between buildings. There shall be at least ten feet (3048 mm) of clear space between every main building and accessory building on a lot. There shall be at least 20 feet (6096 mm) of clear space between every residential building and another main building on the same lot. The separation between buildings may be reduced as provided for in the Building Code.

(c)

Location of passageways. Passageways may be located in that space set aside for required yards. Passageways shall be open and unobstructed to the sky and may have such projections as allowed for yards, provided the users of said passageway have a clear walkway to the public way. Any space between buildings or passageways that has less width than that prescribed herein shall not be further reduced.

(d)

Sidewalks. Public sidewalks shall be provided for all properties abutting public ways and shall meet the following specifications:

(1)

The minimum width of all public sidewalks shall be four feet.

(2)

Thickness shall be four inches except in those areas where vehicle traffic is likely in which case the thickness shall be six inches.

(3)

Sidewalks shall slope one inch toward the street.

(4)

Sidewalks shall be located two feet outside the lot line; however, all sidewalks must be installed in line with existing sidewalks.

(5)

Elevation shall be no more than eight inches above the existing curb or more than two inches above adjacent grade, but in all cases level with adjoining sidewalks.

(6)

Where sidewalks abut driveways, curbs, or streets a ¾ inch mastic expansion joint must be installed.

(7)

Concrete shall be laid on subsoil firmly compacted and uniform.

(8)

Concrete shall conform with the Nebraska State Highway Department specification 47B air-entrained concrete.

(9)

A ½ inch mastic expansion joint shall be placed at intervals not greater than every 60 lineal feet of continuous sidewalk.

(e)

Carriage walks. (Sidewalks installed next to the curb) are prohibited except where natural barriers, utilities, or other obstacles cause no other alternative placement. A written request must be made and permission granted by the governing body prior to installation.

(f)

Corner lots. Corner lots are required to have curb openings for handicap accessibility which meet all federal, state and local accessibility regulations. Curb openings and sidewalk ramps shall be installed when a new sidewalk, or replacement sidewalk, abuts a street or driveway. Sidewalk ramps must have a maximum slope of 1:12 and a maximum side slope of 1:10. Existing curbs shall be removed by milling or grinding. No saw cuts shall be permitted.

Any requests for variance or modifications to the above regulations shall be submitted in writing and approved by the governing body.

(Ord. of 11-8-99, § 808)

(a)

All projects that require the additional use or new facilities of essential services, such as sewers, storm drains, fire hydrants, public streets, street lighting and similar services, shall obtain such approval as required by the agency providing such service prior to project approval.

(b)

Nonavailability of essential services may be grounds for denying permits for additional development until such services are available. The jurisdiction is not obligated to extend or supply essential services if capacity is not available. If capacity is available, the extension of services shall be by and at the cost of the developer, unless the jurisdiction agrees otherwise. All service extensions shall be designed and installed in full conformance with the jurisdiction's standards for such service, and shall be subject to review, permit and inspection as required by other policies or ordinances of the jurisdiction.

(Ord. of 11-8-99, § 809)

Off Street Parking Schedule

(Ord. of 11-8-99, Table 8-A)

(a)

General. Home occupations shall be permitted in all zones, provided the home occupation is:

(1)

Clearly and obviously subordinate to the main use or dwelling unit for residential purposes;

(2)

Conducted wholly within the primary structure or existing accessory building on the premises;

(3)

Compatible with residential uses;

(4)

Limited in extent;

(5)

Does not detract from the residential character of the neighborhood.

(b)

Conditions.

(1)

The home occupation shall not exceed 25 percent of the floor area of the primary structure and 50 percent of an accessory building on the premises.

(2)

Other than those related by blood, marriage or adoption, no more than two persons may be employed in the home occupation.

(3)

Inventory and supplies shall not occupy more than 50 percent of the area permitted to be used as a home occupation.

(4)

There shall be no exterior display or storage of goods on said premises.

(5)

There shall be no more than one non-illuminated advertising sign displayed on the premises and said sign shall not exceed four square feet in area, the location and design, of which shall be approved by the code official.

(6)

A maximum of two additional off street parking spaces shall be provided on the premises and located in the side or rear yards, except only one need be provided if the home occupation does not have an employee. Said parking shall comply with the parking requirements in Part II, article 1.

(7)

No traffic shall be generated by such home occupation in greater volume than would normally be expected in the residential neighborhood.

(8)

There shall be no storage or use of toxic, explosive or other dangerous or hazardous materials upon the premises, unless prior approval is obtained from the governing body.

(9)

Trucks making deliveries to the home based business shall not exceed the posted load limits for the city streets.

(10)

No equipment or process shall be used in such home occupations which creates noise, vibration, glare, fumes, odors, or electrical interference detectable to the normal sense. In the case of electrical interference, no equipment or process shall be used which creates visual or audible interference in any radio, television receivers, or other electrical or electronic devices off the premises or cause fluctuation in the line voltage off the premises.

(11)

All home occupations must be registered on an application form prescribed by the city and a permit must be received from the office of the city clerk upon approval of the building inspector. The permit shall require a fee to cover administrative costs.

(12)

Any violation of ordinances will be presented to the business owner in writing and shall state the conditions which created the violation, and shall include abatement requirements and compliance deadline.

(13)

All home occupations must be registered within one year after the adoption of this code. Failure to register shall constitute a termination of the rights granted.

(14)

Day care centers may have permanent play equipment such as slides and swing sets located in the required side or rear yards. The placement of play equipment in the required front yard of a home day care shall be permitted only by resolution of the city council. All day care centers must comply with all state statutes and regulations pertaining to them.

(15)

Should a home occupation permit holder die or move to a new location, the existing permit shall be automatically terminated, except that in the case of death, should a surviving spouse or child residing at the same address desire to continue the home occupation written notice to that effect shall be given to the city clerk, and the city council may authorize continuation of that permit without further hearing.

(16)

Permits once granted may be revoked by the city council for cause after hearing before the city council. Complaints seeking the revocation of such permit shall be filed with the city clerk and may be initiated by the governing body or by five residents residing within a 300 foot radius of the residence where the home occupation is being conducted.

(Ord. of 11-8-99, § 901)

(a)

General. A sign shall not hereafter be erected, re-erected, constructed, altered or maintained, except as provided by this code, and after a permit has been issued by the appropriate official. The purpose of this Code is to provide minimum standards to safeguard life, health, property and public welfare by regulating and controlling the design, quality of materials, construction, location, electrification, and maintenance of all signs and sign structures not located within a building. All signs shall be approved by the building official. The city council may hear and decide if any particular sign is allowed if the aggrieved party first submits in writing to the code official, a request for relief from the strict application of any portion of this chapter.

(b)

Permits. No sign shall hereafter be erected, re-erected, constructed, altered, or maintained, except as provided by this article and a permit for the same has been issued by the code official. A separate permit shall be required for a sign or signs for each business entity, and/or a separate permit for each group of signs on a single supporting structure. In addition, electrical permits shall be obtained for electric signs from the State of Nebraska. If the work authorized under such permits shall not have been commenced within 12 months after date of issuance, the said permit shall be come null and void.

Application for a sign permit shall be made in writing upon forms furnished by the code official. Such application shall contain the location by street and number of the proposed sign structure as well as the name and address of the owner and the sign contractor or erector. The code official may require the filing of plans or other pertinent information where in his opinion such information is necessary to insure compliance with this article. Standard plans may be filed with the code official.

(c)

Sign permits not required. The following signs shall not require a sign permit. These exemptions shall not be construed as relieving the owner of the sign from the responsibility for its erection and maintenance, and its compliance with the provisions of this article or any other law or ordinance regulation the same;

(1)

The changing of the advertising copy or message on a painted or printed sign only. Except for theater marquees and similar signs specifically designed for the use or replaceable copy, electric signs shall not be included in this exemption.

(2)

Painting, repainting, or cleaning of an advertising structure or the changing of the advertising copy or message thereon shall not be considered an erection or alteration which requires a sign permit unless a structural change is made.

(d)

Maintenance and repair. All signs, together with all of their supports, braces, guys, and anchors, shall be kept in repair and in proper state of preservation. The display surfaces of all signs shall be kept neatly painted or posted at all times.

(e)

Inspection required. All signs for which a permit is required shall be subject to inspection by the code official.

(1)

Footing inspections may be required by the building official for all signs having footing.

(2)

All signs containing electrical wiring shall be subject to the provisions of the governing electrical code and the electrical components used shall bear the label of an approved testing agency.

(3)

The building official may order the removal of any sign that is not maintained in accordance with these provisions.

(4)

All signs may be reinspected at the discretion on the code official.

(5)

No guy wires shall be allowed on signs except on the head guy wire in the plane parallel to the sign face.

(6)

The building inspection department shall issue or deny a permit within 120 hours from receipt of all necessary forms and payment of all necessary fees.

(f)

Bond required. No person shall engage in the business of sign or outdoor advertising in the city by erecting, or maintaining or leasing to other any ground signs, roof signs, wall signs, marquee signs, or projection signs until such person shall have filed with the city clerk a bond in the sum of $2,000.00 with sureties to be approved by the building official, conditioned on the faithful observance of this article and to save and keep harmless the city from all damages, liabilities, losses, or judgments, that may be recovered against the city by reason of the negligent erection or maintenance of any such sign.

(g)

License required. No person shall engage in the business of sign or outdoor advertising by erection, repairing maintaining, or leasing to other ground signs, roof signs, wall signs, projecting signs, or marquee signs in the city without first having procured a license from the inspection services department to conduct such business. Application for a license shall be made on forms furnished by the inspection department and the applicant shall file with the inspection department an application together with a certificate of standard form contractors public liability insurance, covering bodily injuries including death with limits of not less than $100,000.00 dollars for each person and $300,000.00 dollars for each accident and covering property damage with limit of $5,000.00 dollars for each accident.

The license fee for sign or outdoor advertising shall be as set forth in the municipal fee schedule and shall expire March 31st of each year.

Licenses shall not be transferable.

All rights and privileges acquired under the provisions of this article, or any amendment thereto, are mere licenses revocable at any time by the city council.

(h)

Design; general. Signs and sign structures shall be designed and constructed to resist wind and seismic forces as specified in this section. Bracing systems shall be designed and constructed to transfer lateral forces to the foundations. For signs supported on buildings, the dead and lateral loads shall be transmitted to the ground in a manner so as to avoid overstressing the elements of the structural frame. The overturning moment produced by lateral forces shall not exceed two-thirds of the dead-load-resisting moment. Uplift due to overturning shall be resisted by proper anchorage to the ground or to the structural frame of the building. The weight of earth superimposed over footings may be used in determining the dead-load- resisting moment. Such earth shall be carefully placed and thoroughly compacted.

(i)

Wind loads. Signs and sign structures shall be designed and constructed to resist wind forces as specified in chapter 16 of the Building Code.

(j)

Seismic loads. Signs and sign structures shall be designed and constructed to resist seismic forces as specified in chapter 16 of the Building Code.

(k)

Combined loads. Wind and seismic loads need not be combined in the design of signs or sign structures; only the loading producing the larger stress need be used. Vertical design loads, except roof live loads, shall be assumed to be acting simultaneously with wind or seismic loads.

(l)

Allowable stresses. The design of wood, concrete, steel or aluminum members shall conform to the requirements of chapters 19, 20, 22 and 23 of the Building Code. Loads, both vertical and horizontal, exerted on the soil shall not produce stresses exceeding those specified in chapter 18 of the Building Code. The working stresses of wire rope and its fastenings shall not exceed 25 percent of the ultimate strength of the rope or fasteners. Working stresses for wind or seismic loads combined with dead loads may be increased as specified in chapter 16 of the Building Code.

(m)

Construction general. Supports for signs or sign structures shall be placed in or upon private property and shall be securely built, constructed and erected in conformance with the requirements of this code.

(n)

Standards of quality. The following UBC standards and chapter divisions are part of this code. The other standards listed are not adopted as part of this code and are recognized standards, compliance with, which is prima fascia evidence of compliance with the standard of duty to design and construct signs that are reasonably safe for persons and property.

(1)

Determination of noncombustibility. UBC Standard 2-1, Noncombustible Material Test.

(2)

Steel. UBC Chapter 22, Division VI, Load and Resistance Factor Design Specification for Cold-Formed Steel Structural Members UBC Chapter 22, Division VII, Specification for Design of Cold-formed Steel Structural Members UBC Standard 22-1, Material Specification for Structural Steel 3.

(3)

Smoke density. 3.1 UBC Standard 8-1, Test Method for Surface-burning Characteristics of Building Materials 3.2 UBC Standard 26-5, Chamber Method of Test for Measuring the Density of Smoke from Burning or Decomposition of Plastic Materials 4.

(4)

Ignition properties and classification of plastics. ASTM D 1929-68 (1975), Ignition Properties of Plastics ASTM D 635-74, Method for Determining Classification of Approved Light-transmitting Plastics.

(5)

Materials. Materials utilized for signs and sign structures shall be of the quality and grade as specified for buildings in the Building Code. In signs and sign structures the materials and details of construction shall, in the absence of specified requirements, conform with the following:

a.

Structural steel shall conform with UBC Standard 22-1. Secondary members in contact with or directly supporting the display surface may be formed of light gauge steel, provided such members are designed in accordance with the specifications of the design of cold-formed steel as specified in UBC Chapter 22, Division VI or Division VII, and in addition shall be galvanized. Secondary members, when formed integrally with the display surface, shall not be less than 0.024 inch (0.610 mm) thick. When not formed integrally with the display surface, the minimum thickness of the secondary members shall be 0.10 inch (2.5 mm). The minimum thickness of hot-rolled steel members furnishing structural support for signs shall be ¼ inch (6.4 mm), except that, if galvanized, such members shall not be less than ⅛ inch (3.2 mm) thick. Steel pipes shall conform to UBC Standard 22-1. Steel members may be connected with one galvanized bolt, provided the connection is adequate to transfer the load to supporting members.

b.

Anchors and supports of wood embedded in the soil, or within six inches (152 mm) of the soil, shall be all heartwood of a durable species or shall be pressure treated with an approved preservative. Such members shall be marked or branded by an approved agency.

(o)

Restrictions on combustible materials. Ground signs may be constructed of any material meeting the requirements of this code. Combination signs, roof signs, wall signs, projecting signs and signs on marquees shall be constructed of noncombustible materials, except as provided in this section. Combustible materials other than approved plastics shall not be used in the construction of electric signs.

Exceptions:

(1)

Roof signs may be constructed of unprotected combustible materials on roofs of combustible construction

(2)

Roof signs with a maximum surface area of 50 square feet (4.65 m2) and a maximum height of five feet (1524 mm) may be constructed of combustible materials on roofs of any type of construction.

(3)

Non-electric wall signs may be constructed of unprotected combustible materials on walls permitted to be of unprotected combustible construction.

(p)

Nonstructural trim. Nonstructural trim and portable display surfaces may be of wood, metal, approved plastics or a combination thereof.

(q)

Anchorage. Members supporting unbraced signs shall be so proportioned that the bearing loads imposed on the soil in either the horizontal or vertical direction shall not exceed the safe values. Braced ground signs shall be anchored to resist specified wind or seismic load acting in any direction. Anchors and supports shall be designed for safe bearing loads on the soil and for an effective resistance to pullout amounting to a force 25 percent greater than the required resistance to overturning. Anchors and supports shall penetrate to a depth below ground greater than that of the frost line.

Portable ground signs supported by frames or posts rigidly attached to the base shall be proportioned so that the weight and size of the base will be adequate to resist the wind loads specified in this chapter.

Signs attached to masonry, concrete or steel shall be safely and securely fastened by means of metal anchors, bolts or approved expansion screws of sufficient size and anchorage to safely support the loads applied.

Wooden blocks or plugs or anchors with wood used in connection with screws or nails shall not be considered to provide anchorage, except for blocks, plugs or anchors on signs attached to wood framing.

The anchorage or support of a sign shall not be connected to, or supported by, an unbraced parapet wall, unless the wall is designed in accordance with the requirements for parapet walls specified for seismic zones in the Building Code.

(r)

Display surfaces. Display surfaces of signs may be made of metal, glass, plastics or other approved materials.

Glass thickness and area limitations shall be as set forth in Table A following this article.

(s)

Projection and clearance. Signs shall conform to the clearance and projection requirements of this section and Tables B and C following this article.

(t)

Clearance from high-voltage power lines. Signs shall be located not less than six feet (1829 mm) horizontally or 12 feet (3658 mm) vertically from overhead electrical conductors that are energized in excess of 750 volts. The term "overhead conductors" as used in this section means an electrical conductor, either bare or insulated, installed above the ground, except when conductors are enclosed in iron pipe or other approved material covering of equal strength.

(u)

Clearance from fire escapes, exits or standpipes. Signs or sign structures shall not be erected in such a manner that a portion of their surface or supports will interfere with the free use of any fire escape, exit or standpipe.

(v)

Obstruction of openings. Signs shall not obstruct openings to the extent that light or ventilation is reduced to a point below that required by this code. Signs erected within five feet (1524 mm) of an exterior wall in which there are openings within the area of the sign shall be constructed of noncombustible material or approved plastics.

(w)

Projection over alleys. Signs or sign structures shall not project into a public alley below a height of 14 feet (4267 mm) above grade, nor project more than 12 inches (305 mm) when the sign structure is located 14 feet to 16 feet (4267 mm to 4877 mm) above grade. The sign or sign structure may project not more than 36 inches (914 mm) into a public alley when the sign or sign structure is located more than 16 feet (4877 mm) above grade.

(x)

Clearance from streets. Signs shall not project within two feet (610 mm) of the curb line.

(y)

Fin signs. Fin signs shall be constructed of noncombustible material, except as provided in this chapter.

Supports for fin signs shall be placed upon private property and shall be securely built, constructed and erected to comply with requirements specified in this chapter.

Projection and clearance. Fin signs may project beyond the property or legal setback line in accordance with projections specified in this chapter.

Thickness limitation. The thickness of that portion of a fin sign that projects over public property shall not exceed the maximum set forth in Table C following this article.

Clearance. Signs or sign structures shall not be erected so that a portion of their surface or supports will interfere with the free use of a fire escape, exit or standpipe. Signs shall not obstruct a window so that any light or ventilation is reduced to a point below that required by laws or ordinances.

(z)

Pole signs. Pole signs shall be constructed of noncombustible material, except as provided supports for pole signs shall be placed upon private property and shall be securely built, constructed and erected to conform with requirements specified in this chapter.

Projection of pole signs shall conform to the requirements of this chapter.

(aa)

Ground signs. Ground signs may be constructed of materials meeting the requirements of this code, except as provided in this chapter.

Ground signs shall be designed in accordance with the requirements of this chapter.

Ground signs shall not project over public property or beyond a legal setback.

(bb)

Roof signs. Roof signs shall be constructed of noncombustible materials, except as provided in this chapter.

Roof signs shall be thoroughly secured and anchored to the frame of the building over which they are constructed and erected and shall be designed in accordance with the requirements specified in this chapter.

Roof signs may not project above the roof line or cornice line of a building more than two feet.

Roof signs may project over public property or beyond a legal setback line complying with the requirements specified in this chapter.

Passage clear of all obstructions shall be left under or around, and immediately adjacent to, signs exceeding a height of four feet (1219 mm) above the roof thereunder. Such passages shall be not less than three feet (914 mm) wide and four feet (1219 mm) high and shall be at parapet or roof level. There shall be one passage or access opening as follows:

(1)

For each roof sign upon a building.

(2)

An access opening for every 50 lineal feet (15 204 mm) of horizontal roof sign extension.

(3)

Within 20 feet (6096 mm) of walls and parapets when roof signs are at right angles to a face of the building.

(cc)

Wall signs. Wall signs shall be constructed of noncombustible material, except as provided in this chapter.

Wall signs shall be designed in conformance with the requirements specified in this chapter.

Wall signs shall not project over public property or beyond a legal setback line greater than the distances specified in this chapter nor shall they extend above an adjacent parapet or roof of the supporting building.

The thickness of that portion of a wall sign that projects over public property or a legal setback line shall not exceed the maximum as set forth in Table C following this article.

(dd)

Projecting signs. Projecting signs shall be constructed of noncombustible materials, except as specified in this chapter.

Projecting signs shall be designed in accordance with the requirements specified in this chapter.

Signs may project over public property or a legal setback line a distance determined by the clearance of the bottoms thereof above the level of the sidewalk or grade immediately below, as set forth in this chapter and Table B following this article.

The thickness of a projecting sign exclusive of letters and trim shall not exceed that set forth in Table C following this article.

(ee)

Combination signs. Combination signs shall be constructed of noncombustible materials, except as specified in this code. The individual requirements of roof, projecting and pole signs shall each be applied to combination signs incorporating any or all of the requirements specified in this chapter.

Supports for combination signs shall be placed in or upon private property and shall be securely built, constructed and erected to conform with the requirements specified in this chapter.

Combination signs may project over public property or beyond a legal setback line as specified in this chapter.

The thickness of that portion of a combination sign that projects over public property shall not exceed the maximum set forth in Table C following this article.

(ff)

Marquees. Signs may be placed on, attached to or constructed in a marquee.

Marquee signs shall for the purpose of determining projection, clearance, height and material, be considered a part of and shall meet the requirements for a marquee as specified in the Building Code.

(gg)

Electric signs. Electric signs shall be constructed of noncombustible material, except as provided in this code.

The enclosed shell of electric signs shall be watertight, except that service holes fitted with covers shall provide access into each compartment of the sign.

Electrical equipment used in connection with display signs shall be installed in accordance with local ordinances regulating electrical installations.

Electric signs projecting over a street or alley or public place shall have painted on the surface of the sign the name of the sign erector and date of erection. The name and date shall be of sufficient size and contrast to be readable from a reasonable distance. Failure to provide the name of the erector and date shall be grounds for rejection of the sign by the building official.

(hh)

Temporary signs. Temporary signs shall not exceed 100 square feet (9.29 m2) in area. Temporary signs of rigid material shall not exceed 24 square feet (2.23 m2) in area, or six feet (1829 mm) in height, nor shall any such sign be permanently fastened to the ground.

Temporary signs may remain in place for a period not exceeding 30 days.

Temporary cloth signs shall be supported and attached with wire rope of ⅜-inch-minimum (9.5 mm) diameter.

Strings, fiber ropes or wood slats shall not be employed for support or anchorage purposes. Cloth signs and panels shall be perforated over at least ten percent of their area to reduce wind resistance.

Exceptions: Temporary cloth signs over private property not exceeding 60 square feet (5.57 m2) shall be supported and attached with wire rope that meets the requirements of this chapter.

Cloth signs may extend over public property. Cloth signs that extend over a public street shall maintain a minimum clearance of 20 feet (6096 mm).

Cloth signs may extend across a public street only by permission of the governing body and shall be subject to related laws and ordinances.

Temporary signs, other than cloth, when eight feet (2438 mm) or more above the ground, may project not more than six inches (152 mm) over public property or beyond the legal setback line.

(Ord. of 11-8-99, § 1001)

For the purpose of this code, certain terms, phrases, words and their derivatives shall be construed as specified in this chapter or as specified in the Building Code. Where terms are not defined, they shall have their ordinarily accepted meanings within the context in which they are used. Webster's Third New International Dictionary of the English Language, Unabridged, copyright 1986, shall be considered as providing the ordinarily accepted meanings. Words in the singular include the plural and the plural the singular.

Approved plastic materials. See "plastic materials, approved."

Billboard is an off-premise general advertising sign, which exceeds 50 sq. ft. (See section 130-159).

Building Code is the Uniform Building Code promulgated by the International Conference of Building Officials.

Building official is the officer or other designated authority charged with the administration and enforcement of the Building Code.

Combination sign is a sign incorporating any combination of the features of pole, projecting and roof signs.

Curb line is the line at the face of the curb nearest to the street or roadway. In the absence of a curb, the curb line shall be established by the jurisdiction's engineer. See "legal setback line."

Display surface is the area made available by the sign structure for the purpose of displaying the advertising message.

Electric sign is any sign containing electrical wiring, but not including signs illuminated by an exterior light source.

Fin sign is a sign that is supported wholly by a one-story building of an open-air business or by poles placed in the ground or partly by such a pole or poles and partly by a building or structure.

Ground sign is a billboard or similar type of sign that is supported by one or more uprights, poles or braces in or upon the ground other than a combination sign, fin sign or pole sign, as defined by this code.

Legal setback line is a line established by ordinance beyond which a building may not be built. A legal setback line may be a property line.

Marquee is a permanent roofed structure attached to and supported by the building and projecting over public property.

Noncombustible as applied to building construction material means a material which, in the form in which it is used, is either one of the following:

(1)

Material of which no part will ignite and burn when subjected to fire. Any material conforming to UBC Standard 2-1 shall be considered noncombustible within the meaning of this section.

(2)

Material having a structural base of noncombustible material as defined in item (1), with a surfacing material not over ⅛ inch (3.2 mm) thick which has a flame-spread rating of 50 or less.

"Noncombustible" does not apply to surface finish materials. Materials required to be noncombustible for reduced clearances to flues, heating appliances or other sources of high temperature shall refer to material conforming to item (1). No material shall be classed as noncombustible, which is subject to increase in combustibility or flame-spread rating beyond the limits herein established, through the effects of age, moisture or other atmospheric condition.

Flame-spread rating as used herein refers to rating obtained according to tests conducted as specified in UBC Standard 8-1.

Nonstructural trim is the molding, battens, caps, nailing strips, latticing, cutouts or letters and walkways, which are attached to the sign structure.

Plastic materials, approved, shall be those having a self-ignition temperature of 650 F (343.3 C) or greater and a smoke-density rating not greater than 450 when tested in accordance with UBC Standard 8-1, in the way intended for use, or a smoke-density rating no greater than 75 when tested in the thickness intended for use by UBC Standard 26-5. Approved plastics shall be classified and shall meet the requirements for either CC1 or CC2 plastic.

Pole sign is a sign wholly supported by a sign structure in the ground.

Portable display surface is a display surface temporarily fixed to a standardized advertising structure, which is regularly moved from structure to structure at periodic intervals.

Projecting sign is a sign, other than a wall sign, which projects from and is supported by a wall of a building or structure.

Projection is the distance by which a sign extends over public property or beyond the building line.

Roof sign is a sign erected upon or above a roof or parapet of a building or structure.

Sign is any medium, including its structure and component parts, which is used or intended to be used to attract attention to the subject matter for advertising purposes other than paint on the surface of a building.

Sign structure is any structure that supports or is capable of supporting a sign as defined in this code. A sign structure may be a single pole and may or may not be an integral part of the building.

Structure is that which is built or constructed, an edifice or building of any kind, or any piece of work artificially built up or composed of parts joined together in some definite manner.

Temporary sign is any sign, banner, pendant, valance or advertising display constructed of cloth, canvas, light fabric, cardboard, wallboard or other light materials, with or without frames, intended to be displayed for a limited period of time only.

UBC standards are those standards published in Volume 3 of the Uniform Building Code, promulgated by the International Conference of Building Officials, as adopted by this jurisdiction.

Wall sign is any sign attached to or erected against the wall of a building or structure, with the exposed face of the sign in a plane parallel to the plane of said wall.

(Ord. of 11-8-99, § 1002)

The following signs shall be exempt from the provisions of this section:

(1)

Official notices authorized by a court, public body or public safety official;

(2)

Directional, warning or information signs authorized by federal, state or municipal governments;

(3)

Memorial plaques, building identification signs and building cornerstones when cut or carved into a masonry surface or when made of noncombustible material and made an integral part of the building or structure;

(4)

The flag of a government or a noncommercial institution, such as a school; and

(5)

Religious symbols and seasonal decorations within the appropriate public holiday season.

(Ord. of 11-8-99, § 1003)

(a)

Residential development signs. Residential developments of four or more dwelling units shall be permitted one development complex sign for each public street frontage not within the project (or for each entrance in the case of a subdivision project). Such signs may be placed in any location on private property provided the sign complies with the same height limitations specified for fences. Maximum sign area for each sign shall be four square feet, plus one square foot (0.09 m2) for each dwelling unit or lot, not to exceed 25 square feet (2.32 m2) in area per face.

(b)

Business signs. Nonconforming and conditionally permitted commercial and institutional uses shall each be permitted facade signage and/or one freestanding sign per public street frontage, not to exceed a combined total of 25 square feet (2.32 m2) in area for every 150 feet (45 720 mm) of public street frontage. For frontage greater than 150 feet (45 720 mm), one square foot (0.09 m2) of additional sign area shall be allowed for each six feet (1829 mm) of frontage up to a maximum of 80 square feet (7.43 m2) per sign. The height of freestanding signs for other conditionally permitted uses shall be limited to 15 feet (4572 mm).

(c)

Miscellaneous signs. All signs for rummage sales, garage sales, bake sales or similar activities may be erected in residential areas or zones in such size and form as that of real-estate signs, or as approved by the building official. No such signs shall be placed on rights-of-way, utility poles, traffic or pedestrian support structures or other public properties. All such signs shall be removed at the conclusion of the sale, event, or activity.

(Ord. of 11-8-99, § 1004)

(a)

Development complexes. All development complexes shall require a master signage plan pursuant to the requirements of this section, prior to the installation of any signage.

(b)

Business signs. Each enterprise, institution or business shall be permitted wall signs, one under-canopy sign per street frontage and one freestanding sign each, subject to the following maximum size requirements. (Note: Multiple businesses in the same building shall apportion facade length, building wall and street frontage such that any maximum is not exceeded for a particular property.)

(1)

Maximum wall sign area. Total area of wall signage shall not exceed two square feet for each lineal foot (0.6 m2 per 1 m) of the building wall from which the signage is attached, not to exceed 100 square feet.

(2)

Maximum freestanding sign area. One square foot for each lineal foot of street frontage, not to exceed 100 square feet.

(3)

Under-canopy sign area and dimensions.

a.

The maximum allowable sign area shall be one square foot for each lineal foot (0.3 m2 per 1 m) of width of the canopy, awning, marquee or similar structure from which the sign is suspended, as measured perpendicular to the building wall.

b.

The maximum allowable horizontal length of an under-canopy sign shall be equal to the width of the canopy, awning, marquee or similar structure from which the sign is suspended, as measured perpendicular to the building wall.

c.

The minimum vertical clearance between the lower edge of an under-canopy sign and the ground shall be eight feet (2438 mm).

(4)

Projection signs. See section 130-159(e).

(Ord. of 11-8-99, § 1005; Ord. No. 2002-3, § 1, 3-11-02)

(a)

Development complexes. All development complexes shall require a master signage plan pursuant to the requirements of this section prior to the installation of any signage.

(b)

Building identification signs. One building identification sign for each building shall be permitted provided that no such sign shall exceed 25 square feet (2.32).

(c)

Business signs. Each enterprise, institution, franchise or business shall be permitted wall signs, one under-canopy sign per street frontage, and one projecting or freestanding sign per street frontage each subject to the following maximum size requirements. (Note: Multiple businesses in the same building shall apportion facade length, building wall and street frontage such that any maximum is not exceeded for a particular property.)

(1)

Maximum wall sign area. The total area of facade signage shall not exceed three square feet for each lineal foot (0.9 m2 per 1 m) of the building wall from which the sign is attached.

(2)

Maximum projecting sign area. One square foot for each two lineal feet (0.15 m2 per 1 m) of the building wall from which the sign projects, not to exceed 64 square feet (5.94 m2). The total area of projecting signs shall be subtracted from the permitted total area of facade signs. See section 130-159.

(3)

Maximum freestanding sign area. One square foot for each lineal foot (0.3 m2 per 1 m) of street frontage, not to exceed 150 square feet (13.94 m2) per sign.

(4)

Under-canopy sign area and dimensions.

a.

The maximum allowable sign area shall be one square foot for each lineal foot (0.3 m2 per 1 m) of width of the canopy, awning, marquee or similar structure from which the sign is suspended, as measured perpendicular to the building wall.

b.

The maximum allowable horizontal length of an under-canopy sign shall be equal to the width of the canopy, awning, marquee or similar structure from which the sign is suspended, as measured perpendicular to the building wall.

c.

The minimum vertical clearance between the lower edge of an under-canopy sign and the ground shall be eight feet (2438 mm).

(5)

Off-premises signs. Off-premises signs shall be permitted pursuant to the requirements of this code.

(6)

Billboards. Billboards shall be permitted in a C-4 zoning district, subject to the provisions of this section and section 130-159.

(Ord. of 11-8-99, § 1006)

(a)

Sign illumination. Except for billboards, all sign illumination shall be from the interior or from floodlight projection shielded to preclude glare visible from public rights-of-way and neighboring properties.

(b)

Rotating signs. Rotating signs are permitted provided that the outer edge shall not exceed a speed of four revolutions per minute and the rotating portion of the sign shall be a minimum of eight feet (2438 mm) above the adjacent grade. No rotating sign shall extend over public rights-of-way.

(c)

Roof-mounted signs. Signs projecting above the point of intersection of the exterior wall of the building with its roof shall be mounted on a parapet or within the same plane as such exterior wall. Sign area for roof-mounted signs shall be calculated the same as and counted as part of the facade signs. Roof-mounted signs shall be allowed only within the M, Division 2 and M, Division 3 zones.

(d)

Measurement of sign area. The square footage of a sign made up of letters, words or symbols within a frame shall be determined from the outside edge of the frame itself. The square footage of a sign composed of only letters, words or symbols shall be determined from imaginary straight lines drawn around the entire copy or grouping of such letters, words or symbols. Double-faced signs shall be calculated as the area of one side only. Three-dimensional or multi-faced signs shall be calculated as the maximum area visible from any single direction at any point in time.

(e)

Measurement of freestanding sign height. The height of a freestanding sign shall be measured from the elevation of the crown of the nearest public street to the highest point of the freestanding sign or its supporting structure.

(f)

Condition and maintenance. All signs shall be of rust-inhibitive material or treatment, and shall be maintained in good condition in the opinion of the code official. All signs, together with all of their supports, braces, guys and anchors shall be kept in good repair and in a safe state of preservation. The display surfaces of all signs shall be kept neatly painted or posted at all times.

(g)

Electronic message signs. Electronic message signs that display time and temperature, or provide changing messages are permitted, provided such signs do not blink or flash.

(h)

State and federal rights-of-way. All signs on or abutting state and federal rights-of-way shall comply with regulations governing such signs.

(i)

Unlawful actions. It shall be unlawful for any person, firm or corporation, to erect, construct, enlarge, alter, repair, move, improve, convert, maintain, own or display any sign prohibited by this chapter.

(Ord. of 11-8-99, § 1007)

The following devices and locations are specifically prohibited:

(1)

Signs located in such a manner as to obstruct or otherwise interfere with an official traffic sign, signal or device or obstruct or interfere with a driver's view of approaching, merging or intersecting traffic.

(2)

Except as provided for elsewhere in this code, signs encroaching upon or overhanging public right-of-way. No sign shall be attached to any utility pole, light standard, tree or any other public facility located within the public right-of-way.

(3)

Exterior display of cloth, paper, soft plastic or similar advertising signs or devices other than in rigid frames as provided herein except those intended as temporary signs as provided by subsection (7).

(4)

Signs that blink, flash or are animated by lighting in any fashion that would cause such signs to have the appearance of traffic safety signs and lights, or municipal vehicle warnings from a distance.

(5)

Portable or wheeled signs.

(6)

Any sign attached to, or placed on, a vehicle or trailer parked on public or private property. The prohibition of this section does not prohibit the identification of a firm or its principal products on a vehicle operating during the normal course of business or being taken home.

(7)

Exterior display of twirling, spring, sandwich, sidewalk, curb signs, light vinyl string banners, or balloons bearing any logo, product name, business name or other advertising,

Exception:

a.

Signs temporarily displayed as part of a community event;

b.

During the first 30 consecutive days of a grand opening of a new business;

c.

During the final 90 consecutive days preceding the closing of an existing business.

(8)

Billboards in any zoning district other than C-4.

(Ord. of 11-8-99, § 1008; Ord. No. 2002-3, § 1, 3-11-02)

(a)

Billboards. General advertising off-premise signs are allowed only in a C-4 zoning district, which abuts the Highway, 77 Bypass. Off-premise advertising signs shall be located so that a minimum distance of 600 feet in all directions exists between signs.

All signs shall be subject to the yard and setback standards of the zone in which located. The supportive structure for the sign shall be erected a minimum of five feet behind the setback requirements.

The maximum display area shall be 672 square feet (14 x 48 typical) for each face. Signs may not be stacked one on top of the other or side by side.

The height shall not exceed that established for buildings in that zone or 60 feet, whichever is less.

Billboard of less than 100 square feet per side shall be erected a minimum of ten feet from grade level to the bottom of the sign. Off-premise signs of more than 100 square feet of surface area per side shall be erected a minimum distance of 20 feet from grade level to the bottom of the sign.

When the construction of any street or alley is modified without enlargement of the right of way between existing property lines so that the new curb line of the street would make an existing sign in violation of this section then said sign shall be moved to comply with this section. The city shall not be liable in damages by reason of such modification or for the cost of moving or removing a sign so affected.

No sign shall be erected or maintained on any sign or sign structure other than the principal sign for which the structure was designed or such additional single sign as may be compatible to the original design of the structure.

It shall be the responsibility of the property owner and licensed sign company to contact all applicable local, state, and federal agencies to insure compliance will all applicable regulations.

(b)

Directional signs.

(1)

No more than two directional signs per street entrance shall be permitted for any enterprise, business or institution.

(2)

Such signs shall be for the sole purpose of ensuring safe and convenient access and egress to the use for which they apply.

(3)

No such sign shall exceed two square feet (0.19 m2) in area in the residential zones, and shall not exceed four square feet (0.37 m2) in area in all other zones.

(c)

Wall signs. In the C, Division 1 and C, Division 2 zones, such projecting parallel signs may project over public right-of-way provided such signs shall not extend more than one foot (305 mm) beyond the wall of the building or impede free and complete use of the sidewalk for pedestrians.

(d)

Freestanding signs.

(1)

Freestanding signs shall not exceed 20 feet in height within 15 feet (4572 mm) of any lot line abutting public street right-of-way. For each additional one foot (305 mm) of setback beyond 15 feet (4572 mm), the sign height may be increased by two feet (610 mm) provided that in no event shall a sign exceed 36 feet (10 973 mm) in height; provided, however, that freestanding signs greater than 20 feet in height may be set back from any lot line abutting a street a distance equal to the average street setback of all freestanding signs in excess of 20 feet in height located in adjacent properties, within 100 feet (30 480 mm) of the property line and on the same side of said street.

(2)

All freestanding signs shall comply with the site distance triangular setback, area and height requirements specified by the applicable zone.

(3)

A freestanding sign shall not be located closer than 50 feet (15 240 mm) from another freestanding sign located on another premises; provided that this section shall not prohibit the ability to place one freestanding sign on a premises that would otherwise have a right to such a sign; nor shall this section be applied in a manner that would require a setback for such freestanding sign in excess of what would otherwise be required by this chapter.

(4)

Any sign within 40 feet (12 192 mm) of a property line abutting a street right-of-way shall not be located closer than 100 feet (30 480 mm) from another freestanding sign on the same premises.

(e)

Projecting signs. In the C, Division 1, C, Division 2 and C, Division 3 zones only, projecting signs may project over public right-of-way a maximum of four feet (1219 mm), provided such signs shall not extend to within three feet of the street curb or the improved shoulder edge of the traveled way, or impede free and complete use of the sidewalk for pedestrians.

(f)

Off-premises signs. (excluding billboards)

(1)

Maximum height from adjacent grade is 15 feet (4572 mm);

(2)

Maximum area is 50 square feet (4.65 m2);

(3)

Minimum yard setback is 20 feet (6096 mm);

(4)

Minimum distance from residential zones is 100 feet (30 480 mm);

(5)

Minimum distance from street intersection is 25 feet (7620 mm);

(6)

Maximum number per parcel of property is one.

(g)

Community event message signs.

(1)

A nonprofit organization shall be eligible to apply for a conditional use permit to allow a sign area bonus for a community event message sign. The purpose of this area bonus shall be to allow the display of changing messages and information on such matters as the date, time, location and sponsor of special events of community interest. Such signs shall meet the following standards and conditions:

a.

Each nonprofit organization shall be eligible for a bonus for no more than one facade sign or one freestanding sign.

b.

The maximum bonus available shall be 50 percent of the base permitted sign area if located in a residential zone, or 100 percent if located in any other zone.

c.

Permanent advertising of a commercial nature shall be allowed only in commercial zones and shall not exceed 25 percent of the total area of the community event message sign.

d.

The sign shall be made reasonably available to other community-based nonprofit organizations for the display of information about their special events or other announcements of a noncommercial nature.

e.

The signs shall not be of a size, or sited in such a manner, that will substantially hinder the visibility of other legal signs on adjacent properties.

(2)

In reviewing an application for a community event message sign, the planning commission, and city council on appeal, shall consider the following objectives, and may impose conditions to ensure that these objectives are met:

a.

By virtue of the sign's design, size, location and other factors, including appropriate landscaping, the sign shall be harmonious and compatible with its surroundings, and consistent with community aesthetic sensibilities.

b.

The sign shall not be erected, or any electronic or electric changing copy controlled, in a manner that will be a substantial distraction to motorists, thus causing a traffic hazard.

(h)

Bus bench signs. Bus bench signs shall be limited to two benches per lot.

(Ord. of 11-8-99, § 1009; Ord. No. 2002-3, § 1, 3-11-02)

(a)

Political signs.

(1)

Political signs shall be permitted in all zones.

(2)

Political signs in residential zones shall not exceed six square feet in area and shall not exceed 42 inches (1077 mm) in height.

(3)

Political signs shall be permitted only for a period of 45 days preceding the election and shall be removed within ten days after the election provided that signs promoting successful candidates or ballot propositions in a primary election may remain displayed through the general election.

(4)

Political signs shall not be placed within any public right-of-way.

(5)

Political signs established in violation of this section may be immediately removed by the code official.

(b)

Portable signs. Prohibited except as allowed for temporary signs and section 130-160(d).

(c)

Real estate signs.

(1)

Real estate signs shall be permitted in all zones, provided that all such signs shall be located on the property to which they apply, except as provided for in item (4) of this section.

(2)

Such signs shall conform with the following maximum size requirements: four square feet in area for the first 10,000 square feet (0.40 m2 for the first 1,000 m2) in lot area, plus four square feet for each additional 10,000 square feet (0.40 m2 for the first 1,000 m2) of lot area, not to exceed 32 square feet (2.97 m2), or as approved by the building official.

(3)

Real estate signs shall be removed upon closing of the sale.

(4)

In addition, real estate signs advertising the sale of lots located within a subdivision shall be permitted provided that there shall be no more than one sign per entrance, and each sign shall be no greater than 32 square feet (2.97 m2) in area, no greater than eight feet (2438 mm) in height, and erected no longer than a period of one year. Such signs may be installed off premises in order to direct visitors to the property.

(d)

Special sale signs. Reserved.

(e)

Promotional signs. Promotional signs advertising a special community event such as a fair, farmer's market or parade may be permitted to be located over public right-of-way. The size, location and method of erection of such signs shall be subject to approval by the code official pursuant to good engineering practices and shall be consistent with the paramount purpose of public rights-of-way to provide safe and convenient traffic circulation. Alternatively, such signs may be attached to the wall of a building subject to approval by the code official.

(f)

Searchlights. Prohibited.

(g)

Streamers.

(1)

Streamers may be used to outline property lines and areas on a lot that displays merchandise outdoors.

(2)

Streamers shall be replaced or removed when torn or faded.

(Ord. of 11-8-99; § 1010)

(a)

General. Signs for all development complexes shall comply with a master sign plan for the development, approved by the code official pursuant to this section. Said plan shall include all proposed sign locations, materials, structures and installation details to the extent known at the time of master sign plan submittal. Additional submittals or amendments to the master sign plan may be necessary as a new development complex becomes occupied or as businesses within a complex change. Signs within a development complex shall be subject to the following requirements.

(b)

Business signs. Each enterprise, institution or business shall be permitted facade signs and no more than one projecting sign subject to the maximum size requirements set forth for the applicable zone.

(c)

Freestanding signs. Each development complex shall be permitted one freestanding development complex sign per public street frontage. The maximum permitted sign area for each development complex sign shall be as provided within the applicable zoning district, plus a bonus of ten additional square feet (0.93 m2) per business, enterprise, institution or franchise within the development complex, provided that such bonus shall not exceed 50 percent of the base allowable sign area.

(d)

Performance criteria. In addition to other applicable requirements set forth in this chapter, signs for development complexes shall conform to the following performance criteria:

(1)

Individual business signs shall share a similar and uniform location and installation format.

(2)

All non-business signage in the complex shall be consistent in format, color and design.

(3)

Development signs may be posted a maximum of two years.

(Ord. of 11-8-99, § 1011)

Whenever the use of land or structure changes, any signs that do not relate to the new use or to any product or service associated with the new use, shall be removed or appropriately altered consistent with the provisions of this section. Furthermore, it shall be the responsibility of the property owner of the land and/or improvements to remove any sign or signs on premises where the associated use has been discontinued for a period of more than 90 days.

(Ord. of 11-8-99, § 1012)

Whenever a business, person, enterprise or institution for which existing signage does not conform to the requirements of this section, seeks to structurally alter or enlarge an existing sign, or erect or install a new sign, the provisions of this section shall apply as follows:

(1)

The alteration, enlargement, installation or erection of signage shall not increase the degree of nonconformity.

(2)

If the value of structural alterations to a nonconforming sign equals or exceeds 25 percent of the value of the sign, as determined by the building official, the sign shall be made to conform with all provisions of this section.

(3)

Enlargement, installation or erection of conforming signage shall be accompanied by a reduction in the degree of nonconformity for other signage existing on the premises. This reduction in nonconformity can be accomplished by a reduction in size of existing signs if nonconforming as to square footage (m2), removal if nonconforming as to number of signs, relocation if nonconforming as to location, or a combination of reduction, removal and relocation. The total cost of reduction, removal or relocation of nonconforming signage shall equal, as nearly as is practical, 75 percent of the value of the new or enlarged conforming signage, or the cost necessary to bring all signage on the premises into conformance with this section, whichever is the lesser requirement. The provisions of items (2) and (3) of this section do not apply to temporary signs or to illegal signs. Temporary signs that do not comply with the requirements of this chapter, and other illegal signs shall be removed within 90 days after notification of the sign's nonconformity. Billboards that do not conform to the requirements of this section shall be removed, altered or replaced so as to fully conform to the requirements of this section on or before April 22nd 2011.

(Ord. of 11-8-99, § 1013)

Appeal to the governing body may be taken within 30 days by any person or persons aggrieved or by an officer, department, board, or bureau of the city, affected by any decision which the code official may make in the course of enforcing this code.

(Ord. of 11-8-99, § 1014)

Table A
Size, Thickness and Type of Glass Panels in Signs

(Ord. of 11-8-99, Table 10-A)

Table B
Projection of Signs

(Ord. of 11-8-99, Table 10-B)

Table C
Thickness of Projection Sign

(Ord. of 11-8-99, Table 10-C)

Except as otherwise required by law, a structure or use legally established prior to the adoption date of this code may be maintained unchanged. In other than criminal proceedings, the owner, occupant or user shall have the burden to show that the structure, lot or use was lawfully established.

(Ord. of 11-8-99, § 1101)

(a)

Vacancy. Any lot or structure, or portion thereof, occupied by a nonconforming use, which is or hereafter becomes vacant and remains unoccupied by a nonconforming use for a period of 12 months shall not thereafter be occupied, except by a use which conforms to this code.

Exception. Improperly zoned motor vehicle sales lots, which were properly licensed prior to the adoption of this code, shall not hereafter be eligible for a new automotive sales license when at such time the licensee is not actively engaged in motor vehicles sales for a period in excess of 30 days.

(b)

Destruction. If any nonconforming structure or use is, by any cause, destroyed to the extent of 50 percent of its assessed value as determined by the Dakota County Assessor's Office, it shall not thereafter be reconstructed as such.

(c)

Action. Upon receipt of written complaint from five residents residing within a 300 foot radius of a property, the city council shall review and determine the disposition of such properties or uses.

(Ord. of 11-8-99, § 1102)

(a)

Maintenance and repair. Maintenance, repairs and structural alterations may be made to nonconforming structure or to a building, housing a nonconforming use. Where such change is made, the use shall not thereafter be changed back to a nonconforming use.

(b)

Changes of nonconforming use. A change of use of a nonconforming use of a structure or parcel of land shall not be made except to that of a conforming use. Where such change is made, the use shall not thereafter be changed back to a nonconforming use.

(c)

Additions. All additions to nonconforming structures shall conform to the requirements of this code. Additions to structures housing nonconforming uses that increase the area of a nonconforming use shall not be made.

(d)

Billboards. See article 3, section 130-159.

(Ord. of 11-8-99, § 1103)

A conditional use permit shall be obtained for certain uses which may be harmonious under special conditions and in specific locations within a zone, but may not be allowed under the general conditions of the zone as stated in this Code. All approved conditional use permits must be kept on file with the Dakota County office specified for recording deeds.

(Ord. of 11-8-99, § 1201; Ord. No. 2002-3, § 1, 3-11-02)

(a)

All conditional-use permit applications shall be submitted to the code official as provided in this code.

(b)

Maps, drawings, statements or other documents as required by the planning commission and city council, shall accompany all applications and further, when requested such materials shall be provided to all property owners as outlined in subsection (c).

(c)

The applicant shall provide proof of notification to all of the property owners of all of the real estate within a 300 foot radius of the premise for which the conditional use permit request is being made.

(d)

The code official shall post a notice on the premise for which the request is being made ten days prior to the public hearing. This notice shall include a brief description of the request and when, where and at what time the matter shall be heard.

(e)

An appropriate nonrefundable fee shall be collected at the time of submittal as determined by the jurisdiction.

(Ord. of 11-8-99, § 1202; Ord. No. 2002-3, § 1, 3-11-02)

Prior to the approval amending or denial of a conditional use permit for any purpose except financing or refinancing the nonconforming premises, a public hearing shall be held by the planning commission and city council. Upon completion of said public hearings, the city council shall render a decision within ten working days. If the application for a conditional use permit is for the purpose of allowing financing or refinancing of the nonconforming premises, a public hearing by the planning commission shall not be required and the matter shall be submitted directly to the city council for a decision.

(Ord. of 11-8-99, § 1203; Ord. No. 2002-3, § 1, 3-11-02; Ord. No. 2006-9, § 1, 10-9-06)

The city council shall have the authority to impose conditions and safeguards as deemed necessary to protect and enhance the health, safety and welfare of the surrounding area. The authorization of a conditional use permit shall not be made unless the evidence presented is such to establish:

(1)

That such use will not, under the specific circumstances of the particular case, be detrimental to the health, safety or general welfare of the surrounding area and that the proposed use is necessary or desirable and provides a service or facility that contributes to the general well being of the surrounding area.

(2)

That such use is in conformance with the adopted comprehensive plan and will comply with the regulations and conditions specified in this code for such use.

(3)

The city council shall itemize, describe or justify, then have recorded and filed in writing, the conditions imposed on the use.

(Ord. of 11-8-99, § 1204; Ord. No. 2002-3, § 1, 3-11-02)

Any granted conditional use permit shall become null and void within one year of the date of approval if not exercised. A conditional use permit shall be considered exercised when the use has been established or when a building permit has been issued and substantial construction accomplished. If such permit is abandoned or discontinued for a period of one year, it may not be reestablished unless authorized by the city council on appeal.

A conditional use permit may be revoked if the applicant fails to comply with the imposed conditions.

(Ord. of 11-8-99, § 1205; Ord. No. 2002-3, § 1, 3-11-02)

An adjustment to an approved conditional use permit shall be submitted to the code official accompanied by supporting information. The city council shall review the adjustment and may grant, deny or amend such adjustments and impose conditions deemed necessary.

(Ord. of 11-8-99, § 1206; Ord. No. 2002-3, § 1, 3-11-02)

Planned unit developments may be allowed by planning commission approval in any zoning district. No such planned unit development permit shall be granted unless such development will meet the use limitations of the zoning district in which it is located and meet the density and other limitations of such districts, except as such requirements may be lawfully modified as provided by this code. Compliance with the regulations of this code in no way excuses the developer from the applicable requirements of a subdivision ordinance, except as modifications thereof are specifically authorized in the approval of the application for the planned unit development.

(1)

Purpose. This zoning district is designed to provide for innovations in siting new and modern design developments, that are not possible under the regulations designed for control of individual and independent buildings.

(2)

Considerations. Before approving a PUD, the planning commission and city council shall find that:

a.

That the proposed space limits of the plan and siting of buildings will be in the public interest; in harmony with the purposes of this Chapter and will not adversely affect nearby properties.

b.

That the overall density of the development and the proportions of units allowed will not adversely affect nearby properties.

c.

That the amount of open space will be provided in harmony with nearby properties.

(Ord. of 11-8-99, § 1301)

(a)

Area. No planned unit development shall have an area less than that approved by the planning commission as adequate for the proposed development.

(b)

Uses. A planned unit development that will contain uses not permitted in the zoning district in which it is to be located will require a change of zoning district and shall be accompanied by an application for a zoning amendment, except that any residential use shall be considered a permitted use in a planned unit development which allows residential uses and shall be governed by density, design and other requirements of the planned unit development permit. The proponents shall submit a site plan of the proposed development as an exhibit accompanying the request for a change of zone. The site plan shall become an exhibit accompanying the change of zone amendment if such amendment is passed. Such plan shall be filed on record in the county offices specified for recording deeds, and shall form the basis for any building permits.

(c)

Ownership. The development shall be in single or corporate ownership at the time of application, or the subject of an application filed jointly by all owners of the property.

(d)

Design. The planning commission shall require such arrangements of structures and open spaces within the site development plan as necessary to ensure that adjacent properties will not be adversely affected.

(1)

Density. Density of land use shall in no case be more than two percent higher than in residential districts.

(2)

Lot size. Minimum lot size shall be no less than 10,000 square feet in area.

(3)

Arrangement. No building shall be closer than 20 feet to any bounding lot line of the zoning lot. Where feasible, the least height and density of buildings and uses shall be arranged around the boundaries of the development.

(4)

Specific regulations. Lot area, width, yard, height, density and coverage regulations shall be determined by approval of the site development plan.

(e)

Open spaces. Preservation, maintenance and ownership of required open spaces within the development shall be accomplished by either:

(1)

Dedication of the land as a public park or parkway system, or

(2)

Granting to the jurisdiction a permanent, open space easement on and over the said private open spaces to guarantee that the open space remain perpetually in recreational use, with ownership and maintenance being the responsibility of an owners' association established with articles of association and bylaws which are satisfactory to the legislative body.

(f)

Landscaping. Landscaping, fencing and screening related to the uses within the site and as a means of integrating the proposed development into its surroundings shall be planned and presented to the planning commission for approval, together with other required plans for the development. A planting plan showing proposed tree and shrubbery plantings shall be prepared for the entire site to be developed. A grading and drainage plan shall also be submitted to the planning commission with the application.

(g)

Signs. The size, location, design and nature of signs, if any, and the intensity and direction of area or floodlighting shall be detailed in the application and must conform to the regulations as outlined in article 3.

(h)

Desirability. The proposed use of the particular location shall be shown as necessary or desirable, to provide a service or facility which will contribute to the general well being of the surrounding area. It shall also be shown that under the circumstances of the particular case, the proposed use will not be detrimental to the health, safety or general welfare of persons residing in the vicinity of the planned unit development.

(i)

Market survey. The commission and the council shall take into consideration the ability of nearby streets to handle traffic generated by the proposed development and shall take into consideration the effects upon the value and amenities of the nearby properties and in the event of conflict between the maintenance of such values and the proposed development, shall weigh the equities between the two using the criterion of the community service and maintaining the concept of the zoning plan in assessing the position of the proposed development.

(Ord. of 11-8-99, § 1302; Ord. No. 2002-3, § 1, 3-11-02)

In carrying out the intent of this section, the planning commission shall consider the following principles:

(1)

It is the intent of this section that site and building plans for a planned unit development shall be prepared by a designer or team of designers having professional competence in urban planning as proposed in the application, and shall be identified as a registered design professional with the State of Nebraska. The commission may require the applicant to engage such professional expertise as a qualified designer or design team.

(2)

It is not the intent of this section that control of the design of a planned unit development by the planning commission be so rigidly exercised that individual initiative be stifled and substantial additional expense incurred; rather, it is the intent of this section that the control exercised be the minimum necessary to achieve the purpose of this section.

(3)

The planning commission may approve or disapprove an application for a planned unit development. In an approval, the commission may attach such conditions as it may deem necessary to secure compliance with the purposes set forth in this chapter. The denial of an application for a planned unit development by the planning commission may be appealed to the legislative body of the jurisdiction.

(Ord. of 11-8-99, § 1303)

(a)

Approval. In order that it may approve a planned unit development, the planning commission shall have authority to require that the applicant meet the following conditions (among others it deems appropriate):

(1)

That the proponents of the planned unit development have demonstrated to the satisfaction of the planning commission that they are financially able to carry out the proposed project.

(2)

That the proponents intend to start construction within one year of either the approval of the project or of any necessary zoning district change, and intend to complete said construction, or approved stages thereof, within four years from the date construction begins if such construction is not commenced and pursued in an orderly manner toward completion, the commission and council may initiate action to abolish the zoning or reduce the size of the tract to fit the scope of the actual development. It is intended that a PUD be designed to carryout the objective of the planning practices established by the commission and council for development of the municipality and to be so developed within a reasonable time. It is here by declared that the holding for speculative purposes of undeveloped land zoned as a PUD is contrary to the purposes of said planning practices established by the commission and council.

(3)

That the development is planned as one complex, or land use, rather than as an aggregation of individual and unrelated buildings and uses.

(b)

Limitations on application.

(1)

Upon approval of a planned unit development, construction shall proceed only in accordance with the plans and specifications approved by the planning commission, and in conformity with any conditions attached by the jurisdiction as to its approval.

(2)

Amendment to approved plans and specifications for a planned unit development shall be obtained only by following the procedures here outlined for first approval.

(3)

The building official shall not issue any permit for any proposed building, structure or use within the project unless such building, structure or use is in accordance with the approved development plan and with any conditions imposed in conjunction with its approval.

(Ord. of 11-8-99, § 1304)

The Legislature of the State of Nebraska under the provision of 19-901 R.R.S. delegated the responsibility to local governmental units to adopt zoning regulations designed to protect the health, safety, and general welfare. Therefore, the city council of South Sioux City, Nebraska ordains as follows.

(Ord. of 11-8-99, § 1401)

The flood hazards of South Sioux City, Nebraska, are subject to inundation which 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.

These flood losses are caused by (1) the cumulative effect of obstruction in floodways causing increases in flood heights and velocities; (2) the occupancy of flood hazard areas by uses vulnerable to floods or hazardous to others which are inadequately elevated or otherwise protected from flood damages.

(Ord. of 11-8-99, § 1402)

This section uses a reasonable method of analyzing flood hazards, which consists of a series of interrelated steps.

(1)

Selection of a base flood which is based upon engineering calculations which permit a consideration of such flood factors as its expected frequency of occurrence, the area inundated, and the depth of inundation. The base flood selected for this section is representative of large floods which are reasonably characteristic of what can be expected to occur on the particular streams subject to this section. It is in the general order of a flood which could be expected to have a one percent chance of occurrence in any one year, as delineated in the official flood plain study and illustrative materials dated 6 ^th day of January, 2012, as amended.

(2)

Calculation of water surface profiles based upon a hydraulic engineering analysis of the capacity of the stream channel and over bank areas to convey the base flood.

(3)

Computation of the floodway required to convey this flood without increasing flood heights more than one foot at any point.

(4)

Delineation of floodway encroachment lines within which no obstruction is permitted which would cause any increase in flood height.

(5)

Delineation of the floodway fringe, i.e. that area outside the floodway encroachment lines but which still is subject to inundation by the base flood.

(Ord. of 11-8-99, § 1403; Ord. No. 2011-12, § 1, 10-10-11)

It is the purpose of this section to promote the public health, safety, and general welfare and to minimize those losses described in section 130-232 of this code by applying the provisions of this section to:

(1)

Restrict or prohibit uses which are dangerous to health, safety, or property in times of flooding or cause undue increases in flood heights or velocities.

(2)

Required that uses vulnerable to floods, including public facilities which serve such uses, be provided with flood protection at the time of initial construction.

(3)

Protect individuals from buying lands which are unsuited for intended purposes because of flood hazard.

(4)

Assure that eligibility is maintained for property owners in the community to purchase flood insurance in the National Flood Insurance program when identified by the Federal Insurance Administration as a flood prone community.

(Ord. of 11-8-99, § 1404)

This section shall apply to all lands within the jurisdiction of the city of South Sioux City, Nebraska identified on the Flood Insurance Rate Map (FIRM) dated 6 ^th day of January, 2012, as numbered and unnumbered A zones and/or within the zoning districts FW and FF established in section 130-242 of this Code. In all areas covered by this section no development shall be permitted except upon a permit to develop granted by the governing body or its duly designated representative under such safeguards and restriction as they may reasonably impose for the promotion and maintenance of the general welfare, health of the inhabitants of the community and where specifically noted in sections 130-243 through 130-247 of this Code.

(Ord. of 11-8-99, § 1405; Ord. No. 2011-12, § 2, 10-10-11)

The code official of the city is hereby designated as the council's duly designated enforcement officer under this section.

(Ord. of 11-8-99, § 1406)

(a)

The boundaries of the floodway and floodway fringe overlay districts shall be determined by scaling distances on the official zoning map. Where interpretation is needed to the exact location of the boundaries of the districts as shown on the official zoning map, as for districts as shown on the official zoning map, as for example where there appears to be a conflict between a mapped boundary and actual field conditions, this enforcement officer shall make the necessary interpretation. In such cases where the interpretation is contested, the board of adjustment will resolve the dispute. The base 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 his case to the board and to submit his own technical evidence, if he so desires.

(b)

To development located within known flood hazard areas of the community shall be located, extended, converted, or structurally altered without full compliance with the terms of this section and other applicable regulations.

(c)

It is not intended by this section to repeal, abrogate, or impair any existing easements, covenants, or deed restrictions. However, where this section imposes greater restrictions, the provision of the section shall prevail. All other sections inconsistent with this section are hereby repealed to the extent of the inconsistency only.

(d)

In their interpretation and application, the provisions of this section shall be held to the 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.

(e)

The degree of flood protection required by this section is considered reasonable for regulatory purposes and is based on engineering and scientific methods of study. Larger floods may occur on rare occasions or the flood height may be increased by man-made or natural causes, such as ice jams and bridge openings restricted by debris. This section does not imply that areas outside floodway and floodway fringe district boundaries or land uses permitted within such districts will be free from flooding or flood damages. This section shall not create liability on the part of the city of South Sioux City, Nebraska, or any officer or employee thereof for any flood damages that may result from reliance on this section or any administrative decision lawfully made thereunder.

(f)

If any section, clause, provision, or portion of this section is adjudged unconstitutional or invalid by a court of competent jurisdiction, the remainder of this section shall not be affected thereby.

(Ord. of 11-8-99, § 1407)

Where the code official denies a request for a permit to develop or a variance, the applicant may apply for such permit or variance directly to the board of adjustment.

The board of adjustment may grant or deny such request by appropriate resolution adopted within 30 days after the date of such application.

(Ord. of 11-8-99, § 1408)

No person, firm, or corporation shall initiate any development or substantial improvement or cause the same to be done without first obtaining a separate permit for development as defined in section 130-252 of this code.

(a)

The code official is hereby appointed to administer and implement the provisions of this section.

(b)

Duties of the code official shall include, but not be limited to:

(1)

Review all development permits to assure that sites are reasonably safe from flooding and that the permit requirements of this section have been satisfied.

(2)

Review permits for proposed development to assure that all necessary permits have been obtained from those federal, sate, or local governmental agencies from which prior approval is required.

(3)

Notify adjacent communities and the Nebraska Natural Resources Commission Flood Plain Management Section prior to any alteration or relocation of a watercourse, and shall submit evidence of such notification to the Federal Insurance Administration when participating in the National Flood Insurance Program.

(4)

Assure that maintenance is provided within the altered or relocated portion of said watercourse so that the flood carrying capacity is not diminished.

(5)

Verify and record the actual elevation (in relation to mean sea level) of the lowest floor (including basement) of all new or substantially improved structure.

(6)

Verify and record the actual elevation (in relation to mean sea level) to which the new or substantially improved structures have been flood proofed.

(7)

When flood proofing is utilized for a particular structure, the code official shall be presented certification from a registered professional engineer or architect.

(Ord. of 11-8-99, § 1410)

To obtain a 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 work to be covered by the permit.

(2)

Describe the land on which the proposed work is to be done by lost, block tract, and house and street address, or similar description that will readily identify and definitely locate the proposed building or work.

(3)

Indicate the use or occupancy for which the proposed work is intended.

(4)

Be signed by the permittee or his authorized agent who may be required to submit evidence to indicate such authority.

(5)

Give such other information as reasonably may be required by the code official.

(Ord. of 11-8-99, § 1411)

The mapped flood plain areas within the jurisdiction of this section are hereby divided into the two following districts:

(1)

A floodway overlay district (FW), and

(2)

A floodway fringe overlay district (FF) as identified in the official Flood Plain Study.

Within these districts all uses not meeting the standards of the Section and those standards of the underlying zoning district shall be prohibited. These zones shall be consistent with the numbered and unnumbered A Zones as identified on the official FIRM when identified in the Flood Insurance Study provided by the Federal Insurance Administration.

(Ord. of 11-8-99, § 1412)

No permit for development shall be granted for new construction, substantial improvement and other improvements including that placement of manufactured homes within the identified plain unless the conditions of this section are satisfied.

All areas identified as unnumbered A Zones by the Federal Insurance Administration are subject to inundation of the 100 year flood; however, the water surface elevation was not provided. The unnumbered A Zones shall be subject to all development provisions of this section. If flood insurance study data is not available, the community shall utilize any base flood elevation data currently available within its area of jurisdiction.

New construction, subdivision proposals, substantial improvements, prefabricated buildings, placement of manufactured homes and other developments shall require:

(1)

Design or anchorage to prevent flotation, collapse or lateral movement of the structure resulting from hydrodynamic and hydrostatic loads including the effects of buoyancy.

(2)

New or replacement water supply systems and/or sanitary sewage systems be designed to minimize or eliminate infiltration of flood waters into the systems and discharges from the systems into flood waters, and onsite waste disposal systems be located so as to avoid impairment or contamination.

(3)

Construction with materials resistant to flood damage, utilizing methods and practices that minimize flood damages, and with electrical, heating, ventilation, plumbing, and 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.

(4)

All utility and sanitary facilities be elevated or flood proofed one foot above the regulatory flood elevation.

(5)

That until a floodway has been designated, no development, including landfill, may be permitted within the identified flood plain unless the applicant for the land use had demonstrated that the proposed use, when combined with all other existing and reasonably anticipated uses, will not increase the water surface elevation of the 100 year flood more than one foot on the average cross section of the reach in which the development or landfill is located as shown in the official flood plain study incorporated by reference, section 130-233(1) of this code.

(6)

Storage of material and equipment:

a.

The storage or processing of materials that are, in the time of flooding, buoyant, flammable, explosive, or could be injurious to human, animal, or plant life is prohibited.

b.

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.

(7)

Subdivision proposals and other proposed new development including manufactured home parks or subdivisions, are required to assure that:

(1)

All such proposals are consistent with the need to minimize flood damage,

(2)

All public utilities and facilities, such as sewer, gas, electrical, and water systems are located, elevated and constructed to minimize or eliminate flood damage,

(3)

Adequate drainage is provided so as to reduce exposure to flood hazards, and

(4)

Proposals for development (including proposals for manufactured home parks and subdivisions) of five acres or 50 lots which ever is lesser, include within such proposals the regulatory flood elevation.

(Ord. of 11-8-99, § 1413)

Any use permitted in section 130-246 of this code shall be permitted in the Floodway Fringe Overlay District. No use shall be permitted in the district unless the standards of section 130-243 of this code are met.

(Ord. of 11-8-99, § 1414)

(a)

Requirements.

(1)

Require new construction or substantial improvements of residential structures to have the lowest floor, including basement elevated one foot above the base flood elevation.

(2)

Require new construction or substantial improvements of non-residential structures to have the lowest floor, including basement, elevated one attendant utility and sanitary facilities, to be flood proofed so that below such a level the structure is watertight with walls substantially impermeable to the passage of water and with structural components having the capability of resisting hydrostatic and hydrodynamic loads and effects of buoyancy. A registered professional engineer or architect shall certify that the standards of this subsection are satisfied. Such certification shall be provided to the official as set forth in 130-240(b)(7) of this code.

(3)

Required for all new construction and substantial improvements that fully enclosed areas below the lowest floor that are subject to flooding 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 minimum of two openings having a total net area of not less than one square inch for every square foot on enclosed area subject to flooding shall be provided. The bottom of all openings shall be no higher than one foot above grade. Opening may be equipped with screens, louvers, valves, or other coverings or devices provided that they permit the automatic entry and exit of floodwaters.

(4)

Within AH Zones adequate drainage paths around structures on slopes shall be required in order to guide floodwaters around and away from proposed structures.

(b)

Manufactured homes.

(1)

All manufactured homes shall be anchored to resist flotation, collapse, or lateral movement. Manufactured homes must be anchored in accordance with local building codes or FEMA guidelines. In the event that over-the-top frame ties to ground anchors are used, the following specific requirements (or their equivalent) shall be met:

a.

Over-the-top ties be provided at each of the four corners of the manufactured home with two additional ties per side at the intermediate locations and manufactured homes less than 50 feet long requiring one additional tie per side.

b.

Frame ties be provided at each corner of the home with five additional ties per side at intermediate points and manufactured home less than 50 feet long requiring four additional ties per side.

c.

All components of the anchoring system be capable of carrying a force of 4,800 pounds.

d.

Any additions to manufactured homes be similarly anchored.

(Ord. of 11-8-99, § 1415)

Located within the areas of special flood hazard established in subsection (e) of this section are areas designed as AO Zones. Theses areas have one foot to three feet where a clearly defined channel does not exist and where the path of flooding is unpredictable and indeterminate; therefore, the following provisions apply within AO Zones:

(1)

All new construction and substantial improvements of residential structures have the lowest floor (including basement) elevated above the highest adjacent grade at least as high as two feet above the depth number specified in feet on the community's FIRM.

(2)

All new construction and substantial improvements of nonresidential structures shall:

a.

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 community's FIRM (at least two feet if no depth number is specified), or

b.

Together with attendant utility and sanitary facilities be completely flood proofed to or above that level so that any space below that level is water tight with walls substantially impermeable tot he passage of water and with structural components having the capability of resisting hydrostatic and hydrodynamic loads and effects of buoyancy. Such certification shall be provided to the officials as set forth in section 130-240(b)(7) of this code.

(3)

Adequate drainage paths around structures on slopes shall be required in order to guide floodwaters around and away from proposed structures.

(Ord. of 11-8-99, § 1416)

Only uses having a low flood-damage potential and not obstructing flood flows shall be permitted within the floodway district to the extent that they are not prohibited by any other section and provided they do not require structures, fill, or storage of materials or equipment. No use shall increase the flood levels of the base flood elevations. These uses are subject to the standards of sections 130-243 and 130-244 of this code.

(1)

Agricultural uses such as general farming, pasture, nurseries, forestry.

(2)

Residential uses such as lawns, gardens, parking, and play areas.

(3)

Non-residential areas such as loading areas, parking, and airport landing strips.

(4)

Public and private recreational uses such as golf courses, archery ranges, picnic grounds, parks wildlife, and nature preserves. New placement of residential structures, including manufactured homes, is prohibited within the identified floodway (FW) area.

(5)

Replacement of manufactured homes in existing manufactured home parks and subdivisions is prohibited unless the conditions of section 130-245 of this code and this subsection are met.

(6)

In Zone A unnumbered, obtain, review and reasonably utilize any floodway data available through federal, state, or other sources or section 130-243(7)d. in meeting the standards of this subsection.

(Ord. of 11-8-99, § 1417)

The board of adjustment as established by the city of South Sioux City, Nebraska shall hear and decide appeals and requests for variances from the requirements of this section.

The 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 code official in the enforcement or administration of this section.

Any person aggrieved by the decision of the code official or any taxpayer may appeal such decision to the district court as provided in Nebraska Revised Statutes.

(1)

In passing upon such applications, the board of adjustment shall consider all technical evaluation, all relevant factors, standards specified in other subsections of this section, and:

a.

The danger that materials may be swept onto other lands to the injury of others;

b.

The danger to life and property due to flooding or erosion damage;

c.

The susceptibility of proposed facility and its contents to flood damage and the effect of such damage on the individual owner;

d.

The importance of the services provided by the proposed facility to the community

e.

The necessity to the facility of a waterfront locations, where applicable;

f.

The availability of alternative locations, not subject to flooding or erosion damage, for the proposed use;

g.

The compatibility of proposed use with existing and anticipated development;

h.

The relationship of the proposed use to the comprehensive plan and flood plain management program for that area;

i.

The safety of access to the property in times of flood for ordinance and emergency vehicles;

j.

The expected heights, velocity, duration, rate of rise, and sediment transport of the flood waters and the affects of wave action, if applicable, expected at the site; and

k.

The costs of providing governmental services during and after flood conditions including maintenance and repair of public utilities and facilities such as sewer, gas, electrical, and water systems, and streets and bridges.

(2)

Conditions for variances.

a.

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, providing items b. through f. below have been fully considered. As the lot size increases beyond the one half acre, the technical jurisdiction required for issuing the variance increases.

b.

Variances may be issued for the reconstruction, rehabilitation or restoration of structures listed on the National Register of Historic Places or the state inventory of historic places, without regard to the procedures set forth in the remainder of this section.

c.

Variances shall not be issued within any designated floodway if any increase in flood levels during the base flood discharge would result.

d.

Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief.

e.

Variance shall only be issued on (i) a showing of good and sufficient cause, (ii) a determination that failure to grant the variance would result in exceptional hardship to the applicant, and (iii) a determination that the granting of variance will not result in increased flood heights, 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 ordinances.

f.

Any applicant to whom a variance is granted shall be given a written notice that the cost of flood insurance will be commensurate with the increased risk resulting from the reduced lowest floor elevation.

(Ord. of 11-8-99, § 1418)

A structure or the use of a structure or premises which was lawful before the passage or amendment of this section but which is not in conformity with the provisions of this section may be continued subject to the following conditions:

(1)

No such use or substantial improvement of that use shall be expanded, changed, enlarged, or altered in a way which increases its nonconformity.

(2)

If such use is discontinued for 12 consecutive months, any future use of the building premises shall conform to this section. The utility department shall notify the code official in writing of instances of nonconforming uses where utility services have been discontinued for a period of 12 months.

(3)

Uses or adjuncts thereof which are or become nuisances shall not be entitled to continue as nonconforming uses.

(4)

If any residential nonconforming use or structure is destroyed by any means, including flood, it shall not be reconstructed if the cost is more than 50 percent of the market value of the structure before the damage occurred within those areas identified as floodway (FW). This limitation does not include the cost of any alteration to comply with existing state or local health, sanitary, building or safety codes or regulations or the cost of any alteration of a structure listed on the National Register of Historic Places or a state inventory of historic places.

(5)

If any non-residential nonconforming use or structure is destroyed by any means, including flood, it shall not be reconstructed if the cost is more than 50 percent of the market value of the structure before the damage occurred except that if it is reconstructed in conformity with the provisions of this section. This limitation does not include the cost of any alteration to comply with existing state or local health, sanitary, building, or safety codes or regulations or the cost of any alteration of a structure listed on the National Register of Historic Places or a state inventory of historic places.

(Ord. of 11-8-99, § 1419)

Violation of the provisions of this section or failure to comply with any of its requirements (including violations of conditions and safeguards established in conception with grants of variances or special exceptions) shall constitute a misdemeanor. Any person who violates this section or fails to comply with any of its requirements shall upon conviction thereof be fined not more than $100.00, and in addition, shall pay all costs and expenses involved in that case. Each day such violation continues shall be considered a separate offense.

Nothing herein contained shall prevent the city of South Sioux City or other appropriate authority from taking such other lawful action as is necessary to prevent or remedy any violation.

(Ord. of 11-8-99, § 1420)

The regulations, restrictions, and boundaries set forth in this section may from time to time be amended, supplemented, change, or appealed to reflect any and all changes in the National Flood Disaster Protection Act of 1973, provided, however, that no such action may be taken until after a public hearing in relation thereto, at which parties in interest and citizens shall have an opportunity to be heard. At least 15 days notice of the time and place of such hearing shall be published in a newspaper of general circulation in the city of South Sioux City. The regulations of this section are in compliance with the National Flood Plain Insurance Program Regulations as published in the Federal Register, Volume 41, Number 207, dated October 26, 1976 and the 196 Nebraska's Act.

(Ord. of 11-8-99, § 1421)

Unless specifically defined below, words or phrases used in this section shall be interpreted so as to give them the same meaning as they have in common usage and so as to give this section its most reasonable application.

Actuarial rates or "risk premium rates" are those rates established by the federal insurance administrator pursuant to individual community studies and investigations which are undertaken to provide flood insurance in accordance with 42 U.S.C. 4014 and the accepted actuarial principles. Actuarial rates include provisions for operating costs and allowance.

Appeal a request for a review of the code official's interpretation of any provisions of this section or a request for a variance.

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 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.

Area of special flood hazard the land in the flood plain within a community subject to one percent or greater chance of flooding in any given year.

Base flood elevation elevation indicated in the official flood plain study as the elevation of the 100-year flood.

Base flood protection elevation an elevation one foot higher than the water surface elevation of the base flood.

Channel a natural or artificial water course of perceptible extent, with a definite bed and banks to confine and conduct continuously or periodically flowing water. Channel flow, thus is that water which is flowing within the limits of a defined channel.

Community any state or area or political subdivision thereof which has authority to adopt and enforce flood plain management regulations for the areas within its jurisdiction.

Development Any man-made change to improved or unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation, or drilling operations.

Existing construction (for the purposes of determining rates) structures for which the "start of construction" commenced before the effective date of the FIRM or before January 1, 1975, for FIRM's effective before that date. "Existing construction" may also be referred to as "existing structures."

Flood or Flooding a general and temporary condition of partial or complete inundation of normally dry land area from:

(1)

The overflow of inland or tidal waters.

(2)

The unusual and rapid accumulation of runoff of surface waters from any source.

Flood Insurance Rate Map (FIRM) an official map of a community, on which the flood insurance study has delineated the flood hazard boundaries and the zones establishing insurance rates applicable to the community.

Flood insurance study the official report provided by the Federal Emergency Management Agency. The report contains flood profiles as well as the flood boundary floodway map and the water surface elevations of the base flood.

Flood plain management the operation of an overall program of corrective and preventive measures for reducing flood damage, including but not limited to emergency preparedness plan, flood control works and flood plain management regulations.

Flood protection system those physical structural works constructed specifically to modify flooding in order to reduce the extent of the area within a community subject to a "special flood hazard." Such a system typically includes levees or dikes. These specialized modifying works are those constructed in conformance with sound engineering standards.

Flood proofing any combination of structural and non-structural additions, changed, or adjustments to structures, including utility and sanitary facilities, which would preclude the entry of water. Structural components shall have the capability of resisting hydrostatic and hydrodynamic loads and the effect of buoyancy.

Floodway (FW) the channel of a river or other water course and the adjacent portion of the flood plain that must be reserved in order to discharge the 100 year flood without cumulatively increasing the water surface elevation more than one foot at any point assuming equal conveyance reduction outside the channel from the two sides of the flood plain.

Floodway fringe (FF) that area of the flood plain, outside of the floodway that on the average is likely to be flooded once every 100 years (i.e., that has a one percent chance of flood occurrence in any one year).

Freeboard a factor of safety usually expressed in feet above a flood level for purposes of flood plain 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.

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 so as to render the structure in violation of the applicable non-elevation design requirements of this section.

Manufactured home a structure, transportable in one or more sections, which is built on a permanent chassis and designed to be used with or without a permanent foundation when connected to the required utilities. For flood plain management purposes the term "manufactured home" also includes park trailers, travel trailers, and other similar vehicles place on a site for greater than 180 consecutive days. For insurance purposes the term "manufactured home" does not include park trailers, travel trailers, and other similar vehicles.

Manufactured home park or subdivision a parcel (or contiguous parcels) of land which has been divided into two or more manufactured home lots for rent or sale.

New construction structures for which the "start of construction or substantial improvement" is commenced on or after the effective date of the FIRM.

Overlay District a district that acts in conjunction with the underlay zoning district or districts.

Start of construction for other than new construction or substantial improvements under the Coastal Barrier Resources Act (Pub. L. 94-348) includes substantial improvement, and means the date the building permit was issued, provided the actual start of construction, repair, reconstruction, placement, or 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 or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading and filling; nor does it include installation of street and/or walkways; nor does it include excavation for a basement, footing, 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.

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.

Substantial improvement any repair, reconstruction, or improvement of a structure, the cost of which equals or exceeds 50 percent of the market value of the structure either,

(1)

Before the improvement or repair is started, or

(2)

If the structure has been damaged and is being restored, before the damage occurred.

For the purpose of this definition "substantial improvement" is considered to occur when the first alteration of any wall, ceiling, floor, or other structural part of the building commences, whether or not that alteration affects the external dimensions of the structure. The term does not, however, include either (1) any project for improvement for a structure to comply with existing state or local health, sanitary, or safety codes specifications which are solely necessary to assure safe living conditions, or (2) any alteration of a structure listed on the National Register of Historic Places or a state inventory of historic places.

Variance a grant of relief to a person from the requirements of this section which permits construction in a manner otherwise prohibited by this section where specific enforcement would result in unnecessary hardship.

100-year flood the base flood having a one percent chance of annual occurrence.

(Ord. No. 79-28, 8-7-79; Ord. No. 86-18, 6-3-86; Ord. No. 87-5, 5-19-87; Ord. of 11-8-99, § 1422)

The vicinity of the Martin Airport, located in Sections 25 and 26, Township 29 North, Range 9 East, in Dakota County, Nebraska, from the boundaries of such airport, to a distance of three (3) statute miles in all directions from the adjacent boundaries of the airport, is hereby declared an airport hazard area and is hereby zoned as follows:

(1)

Hazard area description. The hazard area consists of operation zones, approach zones, turning zones and transition zones. 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)

Zone descriptions.

a.

The operation zones shall be located along 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 and shall begin or end at each end of each landing strip and 200 feet beyond the end of each runway and shall be 1,000 feet it width for each instrument runway or landing strip and 500 feet in width for all other runways and landing strips.

b.

The approach zones shall begin at the ends of their respective operation zones and shall extend and expand uniformly centered along the extended centerline of the respective runway or 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 for all other runways.

The inner area of each approach zone shall be that portion of the approach zone beginning at the end of the respective or proposed operation zone and extending to the intersection of the controlling glide angle with a plane 150 feet above the highest elevation of the end of the respective runway or landing strip.

The outer area of each approach zone shall be the area between the outer limit of the inner area of the approach zone and the outer limit of the approach zone.

c.

The transition zones shall be the areas bounded by operation zones 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 operation zones of the hazard area and the edges of adjacent inner areas of approach zones; said planes rising from their respective bases along lines perpendicular to the centerline of the landing strip or runway at the rate of one foot vertically to seven feet horizontally to the lines of intersection previously referred to.

d.

The turning zones shall compromise all portions of the hazard area not contained in the operation zones, 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 the horizontal distance of three statute miles from the nearest points along the airport property lines.

(3)

Height restrictions. No building, transmission line, communication line, pole, tree, smoke-stack, 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:

a.

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 (the end nearest the runway or landing strip) to said structure or object;

b.

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;

c.

In the transition zones to a height above the planes forming the transition slopes; and,

d.

In the existing or proposed operation zones to a height above the existing or proposed finished grade of said runways or landing strips or surface of the ground.

(Ord. No. 2000-35, § 1, 10-23-00)

The boundaries, operation zones, approach zones, transition zones, and turning zones of said airport are as indicated on the Zoning Map, which is hereby made a part of these regulations, a copy of which shall at all times be on file in the office of the city clerk, South Sioux City, Nebraska.

(Ord. No. 2000-35, § 2, 10-23-00)

(a)

Permit required. It shall hereafter be unlawful to erect, construct, reconstruct, repair, or establish any building, transmission line, communication line, pole, 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 zoned area of said airport without first obtaining a "permit" from the administrative agency.

(b)

Exceptions. In the outer area of approach zones and within the turning zones, no permit shall be required for any construction or planting which is not higher than 75 feet above the elevation of the end of the nearest runway or landing strip.

(c)

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 city clerk, South Sioux City, 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. (Mean sea level elevation).

(d)

Permit fees. The fee for each permit issues shall be $50.00, plus engineering fees incurred by the city. All fees received by the city clerk shall be paid by him or her to the city treasurer for deposit in the general fund.

(Ord. No. 2000-35, § 3, 10-23-00)

Within the zoned area as hereinbefore defined, no nonconforming building, transmission line, communication line, pole, tree, smokestack, chimney, wires, tower 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; nor above the heights permitted by these regulations if such structures or objects of natural growth have been torn down, destroyed, have deteriorated or decayed to an extent of 80 percent or more of their original condition, 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.

(Ord. No. 2000-35, § 4, 10-23-00)

Whenever the building inspection agency shall determine, or shall be notified by the 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 zoned area hereinbefore described at such a height or in such a 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 said building inspector and shall within a reasonable time permit the marking thereof by suitable lights or other signals designated by the said agency and based on the recommendations of the Nebraska Department of Aeronautics. The cost of such marking shall not be assessed against the owner or lessor of said premise.

(Ord. No. 2000-35, § 5, 10-23-00)

The building inspector of the City of South Sioux City, Nebraska, shall administer and enforce these regulations, and shall be in the administrative agency provided for in Neb. R.R.S. 1943, § 3-319, and shall have all the powers and perform all the duties of the administrative agency as provided by the Airport Zoning Act.

(Ord. No. 2000-35, § 6, 10-23-00)

The zoning board of adjustment of the City of South Sioux City, Nebraska, shall be the board of adjustment with respect to these regulations to have and exercise the powers conferred by Neb. R.R.S. 1943, § 3-320, and such other powers and duties as are conferred and imposed by law.

(Ord. No. 2000-35, § 6, 10-23-00)