Pursuant to R.R.S. 1943, § 19-901, it shall be the purpose of the planning commission to hold public hearings upon, and make recommendation to the legislative body regarding, proposed amendments to the comprehensive plan and zoning regulations within the jurisdiction of the city.

The commission shall make a preliminary report and hold public hearings thereon before submitting its final report, and the city council shall not hold its public hearings or take action until it has received the final report of the commission.

No such regulation, restriction, or boundary shall become effective until after a public hearing in relation thereto, at which parties in interest and citizens shall have an opportunity to be heard. Notice of the time and place of such hearings shall be given by publication thereof in a paper of general circulation in the city at least one time ten days prior to such hearing.

The provisions of this ordinance shall apply within the corporate limits of the City of Syracuse, Nebraska, and within the territory beyond said corporate limits as now or hereafter fixed, for a distance of one mile, as established on the map entitled "The Official Zoning Map of the City of Syracuse, Nebraska," and as may be amended by subsequent annexation.

In their interpretation and application, the provisions of this ordinance shall be held to be minimum requirements, adopted for the promotion of the public health, safety, morals, or general welfare. Whenever the provisions of this ordinance require a lower height of building or lesser size of yards, courts or other spaces, or require a lower height of building or lesser number of stories, or require a greater percentage of lot to be left unoccupied, or impose other higher standards than are required in any other ordinance, the provisions of this ordinance shall govern. Wherever the provisions of any other ordinance requires a greater width or size of yards, courts, or other open spaces, or requires a lower height of building or a lesser number of stories, or require a greater percentage of lot to be left unoccupied, or impose other higher standards than are required by the provisions of this ordinance, the provisions of such ordinance shall govern.

No building or land shall hereafter be reused and no building or part thereof shall be erected, moved or altered unless for a use expressly permitted by and in conformity with the regulations herein specified for the district in which it is located, except that any structure damaged or destroyed may be restored if such structure does not involve a non-conforming use.

4.06.01.

Every building hereafter erected, reconstructed, converted, moved or structurally altered shall be located on a lot or lot of record and in no case shall there be more than one principal building on a lot unless otherwise provided.

4.06.02.

More than one principal building of a single permitted use may be located upon a lot or tract in the following instances if recommended by the planning commission and approved by the city council:

4.06.02.01.

Institutional buildings.

4.06.02.02.

Public or semi-public buildings.

4.06.02.03.

Multiple-family dwellings.

4.06.02.04.

Commercial or industrial buildings.

4.06.02.05.

Homes for the aged.

4.06.02.06.

Agricultural buildings.

4.06.02.07

Shouse.

(Ord. No. 1111, § 1, 9-8-2021)

No lot, even though it may consist of one or more adjacent lots of record, shall be reduced in area so that yards, lot area per family, lot width, building area, or other requirements of this ordinance are not maintained. This section shall not apply when a portion of a lot is acquired for a public purpose.

A corner lot, within the area formed by the center line of streets at a distance of 60 feet from their intersections, there shall be no obstruction to vision between a height of 2½ feet and a height of ten feet above the grades of the bottom of the curb of the intersecting streets, measured from the point of intersection of the centerline of the streets. At the intersection of major or arterial streets, the 60-foot distance shall be increased to 90 feet for each arterial leg of the intersection. The requirements of this section shall not be deemed to prohibit any necessary retaining wall.

4.09.01.

Yard requirements shall be set forth under the schedule of lot, yard, and bulk requirements for each zoning district. Front, side and rear yards shall be provided in accordance with the regulations hereinafter indicated and shall be unobstructed from the ground level to the sky, except as herein permitted.

4.09.02.

All accessory buildings that are attached to principal buildings (e.g., attached garages) shall comply with the yard requirements of the principal building, unless otherwise specified.

4.09.03.

The building and zoning inspector may permit a variation in front yard setbacks to allow new or relocated structures to conform to the average existing setback, provided that:

1.)

More than 30 percent of the frontage on one side of a street between intersecting streets is occupied by structures on the effective date of this ordinance; and

2.)

A minority of such structures have observed or conformed to an average setback line.

4.09.04.

Any side or rear yard in a residential district which is adjacent to any existing industrial or commercial use shall be no less than 25 feet and shall contain landscaping and planting suitable to provide effective screening.

4.09.05.

Any yard for a commercial or industrial use located within any commercial or industrial zoning district which is adjacent to any residential use or district shall be increased to 40 feet and shall contain landscaping and planting suitable to provide effective screening; except in the downtown commercial district. Included in the increased yard, a solid or semi-solid fence or wall at least six feet, but not more than eight feet high shall be provided adjacent to an adjoining residential district unless the adjacent residential district and industrial district are separated by a street right-of-way. The owner or owners of the property in the commercial and/or industrial district shall maintain said fence or wall in good condition. Said fencing shall be constructed of commercially available fencing.

No building, structure, or use shall be erected on any land, and no change shall be made in the existing contours of any land, including any change in the course, width, or elevation of any natural or other drainage channel, that will obstruct, interfere with, or substantially change the drainage from such land to the detriment of neighboring lands. Anyone desiring to build or otherwise change the existing drainage situation shall be responsible for providing to the city or their designated agent that such changes will not be a detriment to the neighboring lands.

The following shall not be considered to be obstructions when located in the required yards:

4.11.01.

All yards. Steps and accessibility ramps used for wheelchair and other assisting devices which are four feet or less above grade which will not exceed minimum requirements of the Americans with Disabilities Act are necessary for access to a permitted building or for access to a lot from a street or alley; chimneys projecting 24 inches or less into the yard; recreational equipment and clothes lines; approved freestanding signs; arbors and trellises; flag poles; window unit air conditioners projecting not more than 18 inches into the required yard; and fences, retaining walls or walls subject to applicable height restrictions are permitted in all yards.

4.11.02.

Front yards. Bay windows projecting three feet or less into the yard are permitted.

4.11.03.

Rear and side yards. Open off-street parking spaces or outside elements of central air conditioning systems.

4.11.04.

Double frontage lots. The required front yard shall be provided on each street.

4.11.05.

Building groupings. For the purpose of the side yard regulation a group of business or industrial buildings separated by a common party wall shall be considered as one building occupying one lot.

In no case shall any of these obstructions be allowed within any utility easement or other easements; however, fences, approved freestanding signs, and retaining walls may be placed in utility easements or other easements upon written approval by the building and zoning inspector. A fence gate or other means for access may be required in a fence to allow access to the easement. If a fence, approved freestanding sign, or retaining wall is required to be removed, in the sole opinion of the superintendent of public works for any type of work on the utility in the easement, the replacement of the fence, retaining wall, or approved freestanding sign shall be at the property owner's expense.

(Ord. No. 1083, § 1, 11-18-2020)

4.12.01.

No accessory building shall be constructed upon a lot for more than six months prior to beginning construction of the principal building. No accessory building shall be used for more than six months unless the main building on the lot is also being used or unless the main building is under construction; however, in no event shall such building be used as a dwelling unless a certificate of occupancy shall have been issued for such use.

4.12.02.

No detached accessory building or structure shall exceed the maximum permitted height of the principal building or structure.

4.12.03.

No accessory building shall be erected in or encroach upon the required side yard on a corner lot or the front yard of a double frontage lot.

4.12.04.

Detached accessory buildings or structures shall be located no closer to any other accessory or principal building than ten feet.

4.12.05.

Detached garages and outbuildings in R-2 Medium Density Residential Districts, R-3 High Density Residential Districts, and R-4 Residential Transitional Districts for storage uses and other structures customary and appurtenant to the permitted uses and detached accessory garages shall be constructed of materials customarily used in residential construction. Said building shall:

4.12.05.01.

Be constructed of materials that are in good repair;

4.12.05.02.

The sidewalls of said building shall not exceed ten feet in height;

4.12.05.03.

Garages shall have an overhang of at least six inches;

4.12.05.04.

Garages shall have a maximum width of 40 feet;

4.12.05.05.

The exterior appearance of all garages and accessory structures shall be architecturally harmonious with the main residential structure on the lot, parcel, or tract of land or part thereof and consistent with the design, scale, and appearance of the main residential structure. No ribbed metal with exposed fasteners shall be allowed for siding.

4.12.06.

Regulation of accessory uses shall be as follows:

4.12.06.01.

Except as herein provided, no accessory building shall project beyond a required yard line along any street.

4.12.06.02.

Service station pumps and pump island may occupy the required yards; provided, however, that they are not less than 15 feet from street lines.

4.12.06.03.

Storage of any boat, boat trailer, camp trailer, or other vehicle shall not be permitted in any required yard unless otherwise permitted.

4.12.07.

Detached garages and outbuildings in R-1 Low Density Residential Districts for storage uses and other structures customary and appurtenant to the permitted uses and detached accessory garages shall be constructed of materials that are in good repair. The sidewalls of said buildings shall not exceed 16 feet in height and the width of said buildings shall not exceed 50 feet.

(Ord. No. 791, 1-9-2006; Ord. No. 1046, § 1, 6-26-2019; Ord. No. 1145, § 2, 8-16-2023)

4.13.01.

The height limitations of this ordinance shall not apply to:

provided that the appropriate yard setbacks are increased by one foot for every two feet in excess of the maximum height requirement for the given zoning district.

4.13.02.

When permitted in a district, public or semi-public service buildings, hospitals, institutions, or schools may be erected to a height not exceeding 75 feet when each required yard line is increased by at least one foot for each one foot of additional building height above the height regulations for the district in which the building is located.

(Ord. No. 968, 3-11-2015)

No basement or cellar shall be occupied for residential purposes until the remainder of the building has been substantially completed.

It is the intent of this ordinance to permit lawful non-conformities to continue until they are removed, but not encourage their survival. Such uses are declared by this ordinance to be incompatible with permitted uses in the districts involved. It is further the intent of this ordinance for persons reviewing the application to understand the kind and nature of the proposed facility.

In any district in which single-family dwellings are permitted, notwithstanding limitations imposed by other provision of this ordinance, a single-family dwelling and customary accessory buildings may be erected on any single lot of record at the effective date of adoption or amendment of this ordinance. This provision shall apply even though such lot fails to meet the requirements for area or width, or both that are generally applicable in the district provided that the yard dimensions and other requirements not involving area or width, or both, of the lot shall conform to the regulations for the district in which such lot is located; that such lot has been owned separately and individually from adjoining tracts of land at a time when the creation of a lot of such size and width at such location would have been lawful; and has remained in separate and individual ownership from adjoining lots or tracts of land continuously during the entire period in which this or previous ordinance would have prohibited creation of such lot. Variance of area, width and yard requirements shall be obtained through a conditional use permit that has been reviewed and recommended by the planning commission and approved by the city council. Reduction in yard requirements may be granted, provided the reduction will not:

1.

Be harmful to adjacent properties;

2.

Interfere with existing utilities or utility access;

3.

Allow a structure to be built in a manner contrary to the primary structure;

4.

Interfere with the general health, safety and welfare of the public.

4.17.01.

Authority to continue. Any structure which is devoted to a use which is permitted in the zoning district in which it is located, but which is located on a lot which does not comply with the applicable lot size requirements and/or the applicable bulk regulations, may be continued, so long as it remains otherwise lawful, subject to the restrictions of this section.

4.17.02.

Enlargement, repair, alterations. Any such structure described in section 4.17.01 may be enlarged, maintained, repaired or remodeled; provided, however, that no such enlargement, maintenance, repair or remodeling shall either create any additional nonconformity or increase the degree of existing nonconformity of all or any part of such structure, except that as to structures located on a lot that does not comply with the applicable lot size requirements, the side yard requirements shall be in conformance with this section, and unless otherwise permitted by special permit unless otherwise approved or as specified in the residential district.

4.17.03.

Damage or destruction. In the event that any structure described in section 4.17.01 is damaged or destroyed, by any means, to the extent of more than 50 percent of its structural value, such structure shall not be restored unless it shall thereafter conform to the regulations for the zoning district in which it is located; provided that structures located on a lot that does not comply with the applicable lot size requirements in section 4.16, shall not have a side yard of less than five feet. When a structure is damaged to the extent of less than 50 percent of its structural value, no repairs or restoration shall be made unless a building permit is obtained and restoration is actually begun within one year after the date of such partial destruction and is diligently pursued to completion.

4.17.04.

Moving. No structure shall be moved in whole or in part for any distance whatever, to any other location on the same or any other lot unless the entire structure shall thereafter conform to the regulations of the zoning district in which it is located after being moved.

4.18.01.

Nonconforming uses of land. Where at the effective date of adoption or amendment of this ordinance, lawful use of land exists that is made no longer permissible under the terms of this ordinance as enacted or amended, such use may be continued so long as it remains otherwise lawful, subject to the following provisions:

4.18.01.01.

No such non-conforming use shall be enlarged or increased, nor extended to occupy a greater area of land than was occupied at the effective date of adoption or amendment or this ordinance;

4.18.01.02.

No such nonconforming use shall be moved in whole or in part to any other portion of the lot or parcel occupied by such use at the effective date of adoption or amendment of this ordinance;

4.18.01.03.

If any such nonconforming use of land ceases for any reason for a period of more than 12 months, any subsequent use of such land shall conform to the regulations specified by this ordinance for the district in which such land is located.

4.18.02.

Nonconforming uses of structures. If a lawful use of a structure, or of structure and premises in combination, exists at the effective date of adoption or amendment of this ordinance, that would not be allowed in the district under the terms of this ordinance, the lawful use may be continued so long as it remains otherwise lawful subject to the following provisions:

4.18.02.01.

No existing structure devoted to a use not permitted by this ordinance in the district in which it is located shall be enlarged, extended, constructed, reconstructed, moved or structurally altered except in changing the use of the structure to use permitted in the district in which it is located;

4.18.02.02.

Any nonconforming use may be extended throughout any parts of a building which were manifestly arranged or designed for such use at the time of adoption or amendment of this ordinance but no such use shall be extended to occupy any land outside such building;

4.18.02.03.

If no structural alterations are made, any nonconforming use of a structure or structures and premises may be changed to another nonconforming use provided that the board of adjustment either by general rule or by making findings in the specific case, shall find that the proposed use is equally appropriate or more appropriate to the district than the existing nonconforming use. In permitting such change, the board of adjustment may require appropriate conditions and safeguard in accord with the provisions of this ordinance;

4.18.02.04.

Any structure, or structure and land in combination, in any or on which a nonconforming use is superseded by a permitted use, shall thereafter conform to the regulations for the district in which such structure is located and the nonconforming use may not thereafter be resumed;

4.18.02.05.

When a nonconforming use of a structure or structure and premises in combination is discontinued or abandoned for 12 months, the structure or structure and premises in combination shall not thereafter be used except in conformance with the regulations of the district in which it is located;

4.18.02.06.

Where nonconforming use status is applied to a structure and premises in combination, removal or destruction of the structure shall eliminate the nonconforming status of the land.

4.19.01.

On any building devoted in whole or in part to any nonconforming use, work may be done in any period of 12 consecutive months on ordinary repairs or on repair or replacement of non-bearing walls, fixtures, wiring or plumbing, provided that the cubic content of the building as it existed at the time of passage of amendment of this ordinance shall not be increased.

4.19.02.

Nothing in this ordinance shall be deemed to prevent the strengthening or restoring to a safe condition of any building or part thereof declared to be unsafe by any official charged with protecting the public safety, upon order of such official.

Any use for which a special permit is issued as provided in this ordinance shall not be deemed a nonconforming use, but shall without further action be deemed a conforming use in such district.

All fees for any zoning or subdivision related action shall be required prior to the issuance or investigation of any said permit request. Fees shall be adopted by the city council by separate resolution.