For the purpose of this chapter, the municipality is hereby divided into 13 districts, designated as follows:

(TA-1) Transitional Agricultural.

(R-1) Low Density Residential.

(R-2) Medium Density Residential.

(R-3) High Density Residential.

(R-4) Residential Transition District.

(C-1) General Commercial District.

(C-2) Downtown Commercial District.

(C-3) Highway Commercial District.

(I-1) Light Industrial District.

(R-M) Mobile Home Residential.

(FF/FW) Flood Plain (overlay).

(CI-1) Old Town/Commercial/Industrial District.

The boundaries of the districts are hereby established as shown on the maps entitled "Official Zoning Map of the City of Syracuse, Nebraska." Said maps and all explanatory matter thereon accompany and are hereby made a part of this ordinance as if fully written herein. The official zoning district map shall be identified by the signature of the mayor, and attested by the city clerk. No changes shall be made on the zoning district map except as may be required by amendments to this ordinance. Such changes shall be promptly indicated on the zoning district map with the ordinance number, nature of change, and date of change noted on the map.

Where uncertainty exists as to the boundaries of districts as shown on the official zoning map, the following rules shall apply:

5.03.01.

Boundaries indicated as approximately following the center lines of streets, highways, or alleys shall be construed to follow such center lines;

5.03.02.

Boundaries indicated as approximately following platted lot lines shall be construed as following such lot lines;

5.03.03.

Boundaries indicated as approximately following city limits shall be construed as following such city limits;

5.03.04.

Boundaries indicated as following railroad lines shall be construed to be midway between the main tracks;

5.03.05.

Boundaries indicated as following shore lines shall be construed to follow such shore lines, and in the event of change in the shore line shall be construed as moving with the actual shore line; boundaries indicated as approximately following the center lines of streams, rivers, canals, lakes, or other bodies of water shall be construed to follow such center lines;

5.03.06.

Boundaries indicated as parallel to or extensions of features indicated in subsections 5.03.01 to 5.03.05 above shall be so construed. Distances not specifically indicated on the official zoning map shall be determined by the scale of the map;

5.03.07.

Where physical or cultural features existing on the ground are at variance with those shown on the official zoning map, or in other circumstances not covered by subsections 5.03.01 to 5.03.06 above, the board of zoning adjustment shall interpret the district boundaries;

5.03.08.

Where a district boundary line divides a lot which was in single ownership at the time of passage of this ordinance, the board of zoning adjustment may permit the extension of the regulations for either portion of the lot not to exceed 50 feet beyond the district line into the remaining portion of the lot.

Areas annexed into the corporate limits of Syracuse shall be zoned to conform to the land use plan.

5.05.01.

Intent. The Transitional Agriculture District is established for the purpose of preserving agricultural resources that are compatible with adjacent urban growth. It is not intended for commercial feedlot operations for livestock or poultry. Because the areas are not in the identified growth areas for the community, the district is designed to limit urban sprawl.

5.05.02.

Permitted uses.

5.05.02.01.

Farming, pasturing, truck gardening, orchards, greenhouses and nurseries, including the sale of products raised on the premises, provided that no livestock feedlot or yard for more than 20 animals shall be established.

5.05.02.02.

Farm dwellings for the owners and their families, tenants, and employees.

5.05.02.03.

Public parks and recreation areas, playgrounds and conservation areas including flood control facilities.

5.05.02.04.

Railroads, not including switching, terminal facilities or freight yards.

5.05.02.05.

Public overhead and underground local distribution utilities.

5.05.02.06.

Single-family dwelling.

5.05.02.07.

Churches.

5.05.02.08.

Nursery and greenhouses.

5.05.02.09.

Public services.

5.05.02.10.

Publicly owned and operated buildings and facilities such as community centers, auditoriums, libraries or museums.

5.05.02.11.

Roadside stands offering for sale agriculture products on the premises.

5.05.02.12.

Shouse.

5.05.03.

Permitted conditional uses.

5.05.03.01.

Radio, television and wireless communication towers and transmitters, as per section 7.10.

5.05.03.02.

Sand and gravel extraction operations, as per section 7.16.

5.05.03.03.

Airport landing strips.

5.05.03.04.

Sale barns.

5.05.03.05.

Cemeteries, provided all structures are located at least 100 feet from all property lines.

5.05.03.06.

Wastewater treatment facilities.

5.05.03.07.

Private recreation areas and facilities including country clubs, golf courses (but not miniature golf), and swimming pools.

5.05.03.08.

Home occupations, as per section 7.09.

5.05.03.09.

Veterinarians' offices and hospitals, and boarding kennels.

5.05.03.10.

Raising and care of animals for 4-H, Future Farmers of America (FFA) or other rural/school organizations.

5.05.03.11.

Wind energy, as per section 7.15.

5.05.03.12.

Campgrounds.

5.05.03.13.

Commercial kennels and commercial stables.

5.05.03.14.

Manufacturing of beverages up to and including 21% alcohol content.

5.05.03.15.

Winery for tasting and sale of wine.

5.05.03.16.

Recreational vehicle.

5.05.04.

Permitted accessory uses.

5.05.04.01.

Buildings and uses customarily incidental to the permitted and conditional uses.

5.05.04.02.

Temporary buildings incidental to construction work where such buildings or structures are removed upon completion of work.

5.05.04.03.

Signs as provided for in sections 7.06 through 7.09.

5.05.04.04.

Parking as provided for in sections 7.01 through 7.05.

5.05.04.05.

Fences as provided for in section 7.11.

5.05.04.06.

Private swimming pool, tennis court and other similar facilities in conjunction with a residence.

5.05.04.07.

Storage or parking of vehicles, boats, campers and trailers, as per section 7.12.

5.05.05.

Height and lot requirements.

5.05.05.01.

The height and minimum lot requirements shall be as follows:

* The rear yard setback shall be the lesser of 25 feet or 20 percent of the lot depth.

(Ord. No. 792, 1-9-2006; Ord. No. 1016, § 1, 6-14-2017; Ord. No. 1102, § 1, 6-16-2021; Ord. No. 1109, § 1, 9-8-2021)

5.06.01.

Intent. The Low Density Residential District is intended to permit low-density residential developments to accommodate residential and compatible uses.

5.06.02.

Permitted uses.

5.06.02.01.

Single-family dwellings.

5.06.02.02.

Public and private schools.

5.06.02.03.

Churches, temples, seminaries, convents, including residences for teachers and pastors.

5.06.02.04.

Public services.

5.06.02.05.

Publicly owned and operated such as: Community centers, libraries, auditoriums, or museums.

5.06.02.06.

Child care home.

5.06.03.

Permitted conditional uses.

5.06.03.01.

Public and private recreation areas such as country clubs, golf courses, lakes, common areas and swimming pools.

5.06.03.02.

Single-family attached.

5.06.03.03.

Hospitals, sanitariums, rest homes, nursing homes, assisted living facilities, elderly or retirement housing, convalescent homes, other similar institutions, or philanthropic institutions.

5.06.03.04.

Public utility main transmission lines including substations, distribution centers, regulator stations, pumping stations, treatment facilities, utility storage, equipment buildings, garages, towers, or similar public service uses.

5.06.03.05.

Home occupations, as per section 7.09.

5.06.03.06.

Child care centers.

5.06.03.07.

Shouse, if lot area is three or more acres.

5.06.04.

Accessory uses. The following accessory uses are permitted in the R-1 Low Density Residential District:

5.06.04.01.

Buildings and uses customarily incidental to the permitted uses.

5.06.04.02.

Private swimming pool, tennis court, and other recreational facilities in conjunction with a residence.

5.06.04.03.

Parking for permitted uses as per section 7.01 through 7.05.

5.06.04.04.

Signs allowed in section 7.06 through 7.09.

5.06.04.05.

Fences as provided for in section 7.11.

5.06.04.06.

Temporary buildings incidental to construction work where such building or structures are removed upon completion of work.

5.06.05.

Height and lot requirements.

5.06.05.01.

The height and minimum lot requirements shall be as follows:

* Provided total area of accessory structure for single-family does not exceed 1,080 square feet or 5,000 square feet if total lot area exceeds two acres or more and the total lot coverage of all buildings does not exceed 50 percent.

** On corner lots, the following criteria apply to setbacks: In existing developed areas, the street side yard setback may conform to existing setbacks of existing structures along that street. In new developments, the street side yard setback shall be equal to the front yard setback.

*** The rear yard setback shall be the lesser of 25 feet or 20 percent of the lot depth.

**** The side yard along the common wall shall be zero feet. The common wall shall be along the adjoining lot line.

***** Maximum height of accessory building shall not exceed 35 feet if the lot area equals two acres or more.

(Ord. No. 793, 1-9-2006; Ord. No. 841, 5-5-2008; Ord. No. 1110, § 1, 9-8-2021)

5.07.01.

Intent. The purpose of this district is to permit single-family residences at a medium-density residential development with an increase of density to include duplexes and similar residential development in areas providing all public facilities and supporting facilities to maintain a sound and pleasant environment for the inhabitants.

5.07.02.

Permitted uses.

5.07.02.01.

Single-family detached dwellings.

5.07.02.02.

Public and private schools.

5.07.02.03.

Churches, temples, seminaries, and convents including residences for teachers and pastors.

5.07.02.04.

Publicly owned and operated parks, playgrounds, fire stations, community centers, and libraries.

5.07.02.05.

Public services.

5.07.02.06.

Child care home.

5.07.03.

Permitted conditional uses.

5.07.03.01.

Lodging and boarding houses.

5.07.03.02.

Single-family, attached dwellings.

5.07.03.03.

Two-family, duplex, dwellings.

5.07.03.04.

Public utility main transmission lines including substations, distribution centers, regulator stations, pumping, treatment facilities, utility storage, equipment buildings, garages, towers, or similar public service uses.

5.07.03.05.

Hospitals, sanitariums, rest homes, nursing homes, assisted living facilities, elderly or retirement housing, convalescent homes, other similar institutions, or philanthropic institutions.

5.07.03.06.

Home occupations, as per section 7.09.

5.07.03.07.

Child care center.

5.07.03.08.

Bed and breakfast.

5.07.03.09.

Private and public recreation areas and facilities including country clubs, golf courses (but not miniature golf), and swimming pools.

5.07.04.

Accessory uses.

5.07.04.01.

Buildings and uses customarily incidental to the permitted uses.

5.07.04.02.

Temporary buildings incidental to construction work where such buildings or structures are removed upon completion of work.

5.07.04.03.

Signs as provided for in sections 7.06 through 7.09.

5.07.04.04.

Parking as provided for in sections 7.01 through 7.05.

5.07.04.05.

Fences as provided for in section 7.11.

5.07.04.06.

Private swimming pool, tennis court, and other recreational facilities in conjunction with a residence.

5.07.05.

Height and lot requirements.

5.07.05.01.

The height and minimum lot requirements shall be follows:

* Provide total area of accessory structure for single-family does not exceed 2,000 square feet and the total lot coverage of all buildings does not exceed 50 percent.

** Future development is defined as any subdivision platted after the adoption date of this ordinance.

*** On corner lots, the following criteria apply to setbacks: In existing developed areas, the street side yard setback may conform to existing setbacks of existing structures along that street. In new developments, the street side yard setback shall be equal to the front yard setback.

**** The rear yard setback shall be the lesser of 25 feet or 20 percent of the lot depth.

***** The side yard along the common wall shall be zero feet. The common wall shall be along the adjoining lot line.

(Ord. No. 842, 5-5-2008; Ord. No. 1047, § 1, 6-26-2019)

5.08.01.

Intent. The purpose of this district is to permit high density residential, including single-family dwellings, two-family dwellings, and multi-family dwelling development in areas providing all public facilities and supporting facilities to maintain a sound and pleasant environment for the inhabitants.

5.08.02.

Permitted uses.

5.08.02.01.

Single-family dwellings.

5.08.02.02.

Two-family, duplex, dwellings.

5.08.02.03.

Single-family attached dwellings.

5.08.02.04.

Public and private schools.

5.08.02.05.

Churches, temples, seminaries, and convents including residences for teachers and pastors.

5.08.02.06.

Publicly owned and operated parks, playgrounds, fire stations, community centers, and libraries.

5.08.02.07.

Child care home.

5.08.03.

Permitted conditional uses.

5.08.03.01.

Multiple-family dwellings.

5.08.03.02.

Condominiums and townhouses dwellings.

5.08.03.03.

Bed and breakfast.

5.08.03.04.

Public utility main transmission lines including substations, distribution centers, regulator stations, pumping, treatment facilities, utility storage, equipment buildings, garages, towers, or similar public service uses.

5.08.03.05.

Home occupations, as per section 7.09.

5.08.03.06.

Child care center.

5.08.03.07.

Charitable clubs and organizations.

5.08.03.08.

Hospitals, sanitariums, rest homes, nursing homes, assisted living facilities, elderly or retirement housing, convalescent homes, or other similar institutions, philanthropic institutions.

5.08.03.09.

Mortuaries, funeral homes and funeral chapels.

5.08.03.10.

Private and public recreation areas and facilities including country clubs, golf courses (but not miniature golf), and swimming pools.

5.08.03.11.

Cemeteries.

5.08.03.12.

Garage for charitable clubs and organizations as the principal use and building.

5.08.04.

Accessory uses.

5.08.04.01.

Buildings and uses customarily incidental to the permitted uses.

5.08.04.02.

Temporary buildings incidental to construction work where such buildings or structures are removed upon completion of work.

5.08.04.03.

Signs as provided for in sections 7.06 through 7.09.

5.08.04.04.

Parking as provided for in sections 7.01 through 7.05.

5.08.04.05.

Fences as provided for in section 7.11.

5.08.04.06.

Private swimming pool, tennis court, and other recreational facilities in conjunction with a residence.

5.08.05.

Height and lot requirements.

5.08.05.01.

The height and minimum lot requirements shall be follows:

* * Provided total area of accessory structure for single-family does not exceed 1,080 square feet and the total lot coverage of all buildings does not exceed 50 percent. Except on multi-family dwellings the maximum coverage for all structures shall be equal to the percentage found in the right hand column.

** Future development is defined as any subdivision platted after the adoption date of this ordinance.

*** On corner lots, the following criteria apply to setbacks: In existing developed areas, the street side yard setback may conform to existing setbacks of existing structures along that street. In new developments, the street side yard setback shall be equal to the front yard setback.

**** The rear yard setback shall be the lesser of 25 feet or 20 percent of the lot depth.

***** The side yard along the common wall shall be zero feet. The common wall shall be along the adjoining lot line.

(Ord. No. 718, 8-5-2002; Ord. No. 734, 4-7-2003; Ord. No. 843, 5-5-2008;Ord. No. 1038, § 1, 4-11-2018; Ord. No. 1113, § 1, 10-13-2021)

5.09.01.

Intent. The Residential Transition District is intended to provide an area within the community where existing residential uses can continue to exist, while allowing for expansion of professional office and/or business uses into the district. The structures in this area should continue as residential in character, including any new construction.

5.09.02.

Permitted uses.

5.09.02.01.

Single-family dwellings.

5.09.02.02.

Single-family attached dwellings (maximum of two dwelling units per structure).

5.09.02.03.

Two-family (duplex) dwellings.

5.09.02.04.

Child care home.

5.09.02.05.

Churches, temples, seminaries, convents, including residences for teachers and pastors and religious education centers.

5.09.03.

Permitted conditional uses.

5.09.03.01.

Public utility main transmission lines including substations, distribution centers, regulator stations, pumping, treatment facilities, storage, equipment buildings, garages, towers, or similar public service uses.

5.09.03.02.

Home occupations, as per section 7.09.

5.09.03.03.

Condominiums and townhouse dwellings.

5.09.03.04.

Mortuaries, funeral homes and funeral chapels.

5.09.03.05.

Child care center.

5.09.02.06.

Business services including: insurance, real estate, offices, credit services, security brokers, dealers and exchange, title abstracting, legal services, accounting services, finance services and investment services.

5.09.02.07.

Personal services such as barber shops, beauty salons, reducing salons, and photographic studios.

5.09.04.

Accessory uses.

5.09.04.01.

Buildings and uses customarily incidental to the permitted uses.

5.09.04.02.

Temporary buildings incidental to construction work where such buildings or structures are removed upon completion of work.

5.09.04.03.

Signs as provided for in section 7.06 through 7.09.

5.09.04.04.

Fences as provided for in section 7.11.

5.09.04.05.

Parking as provided for in section 7.01 through 7.05.

5.09.04.06.

Private swimming pool, tennis court, and other recreational facilities in conjunction with a residence.

5.09.05.

Height and lot requirements.

5.09.05.01.

The height and minimum lot requirements shall be follows:

* Provided total area of accessory structure for single-family does not exceed 1,080 square feet and the total lot coverage of all buildings does not exceed 50 percent.

** On corner lots, the following criteria apply to setbacks: In existing developed areas, the street side yard setback may conform to existing setbacks of existing structures along that street. In new developments, the street side yard setback shall be equal to the front yard setback.

*** The rear yard setback shall be the lesser of 25 feet or 20 percent of the lot depth.

**** The side yard along the common wall shall be zero feet. The common wall shall be along the adjoining lot line.

5.09.06.

Use limitations.

5.09.06.01.

All new structures constructed, to house commercial, business and/or service related uses, shall be of a type that assimilates the residential character of the district.

(Ord. No. 745, 9-8-2003)

5.10.01.

Intent. The General Commercial District is intended to establish standards that will foster and maintain an area within the district boundaries that will benefit the retail trade, business, cultural, and social activities of the entire community.

5.10.02.

Permitted uses.

5.10.02.01.

Business services including: attorneys, banks, insurance, real estate, offices, postal stations, printing, credit services, security brokers, dealers and exchange, title abstracting, savings and loans, finance services and investment services; but not including uses defined in adult establishment.

5.10.02.02.

Child care center.

5.10.02.03.

Dance studio, not including uses defined in adult establishment.

5.10.02.04.

Meeting hall, not including uses defined in adult establishment.

5.10.02.05.

Retail business or service establishment supplying commodities or performing services such as, or in compatibility with and including, the following:

1.

Antique store.

2.

Automobile parts and supply store.

3.

Bank.

4.

Barber and beauty shop.

5.

Bicycle shop.

6.

Communication services.

7.

Computer store.

8.

Dry cleaners; establishments (not over 2,000 square feet in floor area) with one dry cleaning unit having a capacity not to exceed 35 pounds per cycle using nonflammable or non-explosive solvents.

9.

Exercise, fitness and tanning spa, not including uses defined in adult establishment.

10.

Floral shop.

11.

Gift and curio shop.

12.

Hobby, craft, toy store.

13.

Jewelry store.

14.

Laundry and dry cleaning pick-up and delivery stations.

15.

Locksmith.

16.

Photographer.

17.

Picture framing shop.

18.

Restaurants, cafes and fast food establishment.

19.

Second hand stores.

20.

Tanning salon.

21.

Video store, not including uses defined in adult establishment.

22.

Social club and fraternal organizations, not including uses defined in adult establishment.

23.

Telephone exchange.

24.

Telephone answering service.

25.

Public overhead and underground local distribution utilities.

26.

Commercial greenhouse.

27.

Veterinarian or animal hospital, provided any such building, kennel, or exercise runway is located at least 100 feet away from any (R) district boundary.

5.10.03.

Permitted conditional uses.

5.10.03.01.

Temporary structure for festivals or commercial events.

5.10.03.02.

Recreational establishments not including uses defined in adult establishments.

5.10.03.03.

Business or trade school.

5.10.03.04.

Discotheques, not including uses defined in adult establishment.

5.10.03.05.

Garden supply and retail garden center.

5.10.03.06.

Liquor store.

5.10.03.07.

Tavern and cocktail lounge, not including uses defined in adult establishment.

5.10.03.08.

Temporary greenhouses.

5.10.03.09.

Totally enclosed, automated and conveyor-style car washes.

5.10.03.10.

Outdoor entertainment.

5.10.03.11.

Convenience store with limited fuel sales.

5.10.03.12.

Residences in conjunction with the principle use when located above the ground floor.

5.10.03.13.

Churches, temples, seminaries, and convents including residences for teachers and pastors.

5.10.03.14.

Printing and publishing.

5.10.03.15.

Retail motor vehicle sales and service.

5.10.03.16.

Car wash.

5.10.03.17.

Service station and minor automobile repair services.

5.10.03.18.

Tire store and minor automobile repair service.

5.10.03.19.

Public utility offices, garages, and dispatcher centers.

5.10.03.20.

Manufacturing, compounding, processing, packaging, treatment of articles or merchandise from previously prepared materials, warehouses and wholesale businesses.

5.10.03.21.

Small wireless facility.

5.10.04.

Accessory uses.

5.10.04.01.

Buildings and uses customarily incidental to the permitted uses.

5.10.04.02.

Parking as permitted in section 7.01 through 7.05.

5.10.04.03.

Signs allowed in section 7.06 through 7.09.

5.10.04.04.

Temporary buildings and uses incidental to construction work which will be removed upon completion or abandonment of the construction work.

5.10.05.

Height and lot requirements.

5.10.05.01.

The height and minimum lot requirements shall be as follows:

¹ 25-foot front yard setback required only when no parking is present in the front yard. If parking is located in the front yard then front yard setback is a minimum of 50 feet.

* Yard requirements are subject to the provisions of section 4.09.05.

5.10.06.

Use limitations.

5.10.06.01.

When adjacent to residentially zoned land, no parking or drives shall be allowed in the required front yard within 15 feet of such district. Furthermore, permanent screening shall be provided in this area in order to minimize impacts on residentially zoned property, as per section 7.14.02.

5.10.06.02.

No outdoor storage, except the display of merchandise for sale to the public, shall be permitted.

5.10.06.03.

Exterior lighting fixtures shall be shaded so that no direct light is cast upon any residential property and so that no glare is visible to any traffic on any public street.

(Ord. No. 711, 5-6-2002; Ord. No. 1023, § 1, 10-11-2017)

5.11.01.

Intent. This district accommodates uses typically found in the central business district or downtown portion of the community.

5.11.02.

Permitted uses.

5.11.02.01.

Business services including: attorneys, banks, insurance, real estate, offices, postal stations, printing, credit services, security brokers, dealers and exchange, title abstracting, savings and loans, finance services and investment services; but not including uses defined in adult establishment.

5.11.02.02.

Child care center.

5.11.02.03.

Dance studio, not including uses defined in adult establishment.

5.11.02.04.

Meeting hall, not including uses defined in adult establishment.

5.11.02.05.

Museum, art gallery.

5.11.02.06.

Retail business or service establishment supplying commodities or performing services, such as, or in compatibility with and including the following:

1.

Apparel shop.

2.

Appliance store.

3.

Antique store.

4.

Automobile parts and supply store.

5.

Bakery shop (retail).

6.

Bank.

7.

Barber and beauty shop.

8.

Bicycle shop.

9.

Book store, not including uses defined in adult establishment.

10.

Camera store.

11.

Computer store.

12.

Department store.

13.

Drug store.

14.

Dry cleaners - establishments (not over 2,000 square feet in floor area) with one dry cleaning unit having a capacity not to exceed 35 pounds per cycle using nonflammable or non-explosive solvents.

15.

Exercise, fitness and tanning spa, not including uses defined in adult establishment.

16.

Floral shop.

17.

Furniture store or showroom.

18.

Gift and curio shop.

19.

Grocery store.

20.

Hardware store.

21.

Hobby, craft, toy store.

22.

Jewelry store.

23.

Laundry and dry cleaning pick-up and delivery stations.

24.

Liquor store.

25.

Meat market, retail.

26.

Newsstands, not including uses defined in adult establishment.

27.

Paint store.

28.

Pet shop.

29.

Photographer.

30.

Picture framing shop.

31.

Restaurants, cafes and fast food establishments.

32.

Second hand stores.

33.

Shoe store.

34.

Sporting goods.

35.

Stamp and coin stores.

36.

Tailors and dressmakers.

37.

Tanning salon.

38.

Tavern and cocktail lounge, not including uses defined in adult establishment.

39.

Travel bureaus.

40.

Variety store, not including uses defined in adult establishment.

41.

Video store, not including uses defined in adult establishment.

42.

Social club and fraternal organizations, not including uses defined in adult establishment.

43.

Telephone exchange.

44.

Public overhead and underground local distribution utilities.

45.

Automobile displays, sales, service, and repair.

46.

Commercial greenhouse.

47.

Lumber yards, hardware stores and building material sales yards.

48.

Veterinarian or animal hospital, provided any such building, kennel, or exercise runway is located at least 100 feet away from any (R) district boundary.

49.

Apartments on any level above the ground floor of a commercial, office or similar use.

5.11.03.

Permitted conditional uses.

5.11.03.01.

Temporary structure for festivals or commercial events.

5.11.03.02.

Recreational establishments, not including uses defined in adult establishment.

5.11.03.03.

Amusement arcades.

5.11.03.04.

Discotheques, not including uses defined in adult establishment.

5.11.03.05.

Garden supply and retail garden center.

5.11.03.06.

Temporary greenhouses.

5.11.03.07.

Outdoor entertainment.

5.11.03.08.

Fairgrounds and related uses and structures.

5.11.03.09.

Public utility main transmission lines including substations, distribution centers, regulator stations, pumping, treatment facilities, utility storage, equipment buildings, garages, towers, or similar public service uses.

5.11.03.10.

Residential uses on the ground level in the rear of a commercial use, office, or similar use provided:

1.

Said residential use consists of no more than 60 percent of the depth;

2.

Said commercial uses within said structure will not create a hazard to the general health, safety and welfare of the resident and/or residential use;

3.

Said residential use shall meet all local, state, and national building codes for commercial development;

4.

All parking for said residential use shall be located in the rear of the building.

5.11.03.11.

Residential uses on the ground level of single-story structures, provided:

1.

Said residential use shall meet all local, state, and national building codes for commercial development;

2.

All parking for said residential use shall be located in the rear of the building;

3.

Said use shall have no more than 700 square feet of floor area;

4.

All apartments shall meet minimum standards as established by the Department of Housing and Urban Development (HUD).

5.11.03.12.

Small wireless facility.

5.11.03.13.

Manufacturing of beverages up to and including 16 percent alcohol content.

5.11.04.

Accessory uses.

5.11.04.01.

Buildings and uses customarily incidental to the permitted uses.

5.11.04.02.

Parking as allowed in sections 7.01 through 7.05.

5.11.04.03.

Signs as allowed in sections 7.06 through 7.09.

5.11.04.04.

Temporary buildings and uses incidental to construction work that shall be removed upon completion or abandonment of the construction work.

5.11.05.

Height and lot requirements.

5.11.05.01.

The height and minimum lot requirements shall be as follows:

5.11.06.

Use limitations.

5.11.06.01.

When adjacent to residentially zoned land, no parking or drives shall be allowed in the required front yard within 15 feet of such district. Furthermore, permanent screening shall be provided in this area in order to minimize impacts on residentially zoned property, as per section 7.14.02 of this ordinance.

5.11.06.02.

No outdoor storage, except the display of merchandise for sale to the public, shall be permitted.

5.11.06.03.

Outdoor storage within public utility facilities/uses shall be fenced and screened according to section 7.14.02 of this ordinance.

5.11.06.04.

Exterior lighting fixtures, other than publicly installed street lights, shall be located and installed to reflect light away from abutting residential properties.

(Ord. No. 978, § 1, 8-12-2015; Ord. No. 1024, § 1, 10-11-2017; Ord. No. 1060, § 1, 9-11-2019)

5.12.01.

Intent. This district adds certain design standards in comparison to zoning districts located along Nebraska Highways 2 and 50. This district is indicated as HC on the land use map. They are designed to promote:

5.12.01.01.

Safe traffic circulation on and off and across the highway.

5.12.01.02.

A high quality of design and site planning.

5.12.01.03.

Flexibility in development in order to provide an attractive, viable employment corridor.

5.12.02.

Permitted uses.

5.12.02.01.

Agriculture on more than ten acres.

5.12.02.02.

Public or semipublic buildings on more than ten acres.

5.12.02.03.

Automobile displays, sales, service, and repair.

5.12.02.04.

Any permitted use in the C-1 and C-2 districts.

5.12.02.05.

Motels, hotels and trailer campgrounds.

5.12.02.06.

Commercial greenhouse.

5.12.02.07.

Farm implement display or salesroom.

5.12.02.08.

Golf driving ranges, miniature golf.

5.12.02.09.

Lumber yards, hardware stores and building material sales yards.

5.12.02.10.

Veterinarian or animal hospital provided any such building, kennel, or exercise runway is located at least 100 feet away from any (R) district boundary.

5.12.02.11.

When located at least 100 feet away from any (R) district boundary: bowling alley, drive-in restaurant, and drive-in theater.

5.12.02.12.

Truck stop engaged primarily in the business of fueling, servicing, repair, or parking of tractor trucks, trailers or similar heavy commercial vehicles, including the sale of accessories and equipment for such vehicles and other motor vehicles. A truck stop may also include overnight accommodations, showers, or retail items typically sold at convenience stores. A truck stop must provide the following:

A.

Use has access directly to the highway by means of a frontage road or drive with adequate vehicle stacking.

B.

A traffic study is completed to identify any needs for signalization or turning lanes.

C.

All lighting shall be directed on to the site.

D.

Any overnight running trucks shall be located at least 100 feet away from any residential district boundary.

E.

Performance standards in sections 7.13.01 to 7.13.04, inclusive, shall be met.

F.

All parking and roads shall be paved with concrete and/or asphalt.

G.

Use shall not include the wash out of any interior portion of a trailer or truck of any type.

H.

When adjacent to residential zoned property, such use shall provide and maintain a permanent screen of both solid fencing and vegetation of at least six feet in height.

5.12.02.13.

Convenience store.

5.12.02.14.

Car/truck wash, provided such use shall not include the wash out of any interior portion of a trailer or truck of any type.

5.12.02.15.

Service station.

5.12.02.16.

Truck and automobile repair.

5.12.03.

Permitted conditional uses.

5.12.03.01.

Multi-family dwelling units.

5.12.03.02.

Living quarters used by watchmen or custodians of the commercially used property.

5.12.03.03.

Parking.

5.12.03.04.

Hospitals, sanitariums, rest homes, nursing homes, assisted living facilities, elderly or retirement housing, convalescent homes, other similar institutions, or philanthropic institutions.

5.12.03.05.

Small wireless facility.

5.12.04.

Accessory uses.

5.12.03.01.

Buildings and uses customarily incidental to the permitted uses.

5.12.03.02.

Parking as allowed in section 7.01 through 7.05.

5.12.03.03.

Signs as allowed in section 7.06 through 7.09.

5.12.03.04.

Temporary buildings and uses incidental to construction work that shall be removed upon completion or abandonment of the construction work.

5.12.05.

Height and lot requirements.

5.12.05.01.

The height and minimum lot requirements shall be as follows:

* If on city water and sewer minimum lot area can be reduced to 10,000 square feet.

** If the lot area is reduced under the sewer/water provision than the minimum lot area shall be 4,500 square feet per dwelling unit.

*** For multi-family units, the side yard shall be ten feet if it is a maximum of a three-story structure, and two feet additional side yard on each side shall be provided for each story in excess of three stories.

¹ 25-foot front yard setback required only when no parking is present in the front yard. If parking is located in the front yard then front yard setback is a minimum of 50 feet.

5.12.06.

Use limitations.

5.12.06.01.

When adjacent to residentially zoned land, no parking or drives shall be allowed in the required front yard within 15 feet of such district. Furthermore, permanent screening shall be provided in this area in order to minimize impacts on residentially zoned property, as per section 7.14.02.

5.12.06.02.

No outdoor storage, except the display of merchandise for sale to the public, shall be permitted.

5.12.06.03.

Exterior lighting fixtures, other than publicly installed street lights, shall be located and installed to reflect light away from abutting residential properties.

5.12.06.04.

All lots shall be served by a paved frontage road and may not take access directly from the highway. When area permits, access roads shall be implemented.

(Ord. No. 844, 5-5-2008; Ord. No. 947, 4-16-2014; Ord. No. 959, 9-10-2014; Ord. No. 1025, § 1, 10-11-2017)

5.13.01.

Intent. It is the intent of the Light Industrial District regulations to provide standards for area suitable for some limited industrial, wholesaling and storage activities, to preserve land for the expansion of the basic economic activities, to free these areas from intrusion by incompatible land uses, that these areas should be served with adequate transportation facilities, and that user of this land conduct activities that create low to moderate hazards to adjacent properties. Adult entertainment facilities are included in this zoning district. The intent of the Syracuse zoning ordinance is not to prohibit these uses but to regulate the secondary effects of these uses within the community.

5.13.02.

Permitted uses.

5.13.02.01.

Assembly, fabrication and processing of products inside an enclosed building, except hazardous or combustible materials.

5.13.02.02.

Laboratories.

5.13.02.03.

Manufacture and assembly of electrical and electronic appliances.

5.13.02.04.

Manufacturing, compounding, processing, packaging, or treatment of articles or merchandise from previously prepared materials.

5.13.02.05.

Manufacture of light sheet metal products including heating and ventilation equipment.

5.13.02.06.

Printing and publishing business.

5.13.02.07.

Stone and monument works.

5.13.02.08.

Warehouses and wholesale businesses.

5.13.02.09.

Building materials yards with enclosed and screened storage areas.

5.13.02.10.

Highway maintenance yards or buildings.

5.13.02.11.

Self-storage units.

5.13.03.

Permitted conditional uses.

5.13.03.01.

Radio, television and communication towers and transmitters, as per section 7.10.

5.13.03.02.

Overhead and underground utility main transmission lines, including, but not limited to, power, telephone, gas, fuel, or fertilizer lines, substations, terminal facilities, and reservoirs.

5.13.03.03.

Auction sales.

5.13.03.04.

Grain storage and elevators.

5.13.03.05.

Construction and heavy equipment sales and service.

5.13.03.06.

Farm implement sales and service.

5.13.03.07.

Research facilities.

5.13.03.08.

Truck terminal and dock facilities to include truck washing.

5.13.03.09.

Auto body repair.

5.13.03.10.

Live-in quarters used by live-in watchman or custodians during periods of construction or when necessary as an accessory to permitted use.

5.13.03.11.

Cabinetry millwork.

5.13.03.12.

Perimeter security fencing above six feet in height.

5.13.03.13.

Adult entertainment establishments.

1.

No adult business shall be closer than 1,000 feet to any similar use and no closer than 1,000 feet to a residential district/use, religious uses, educational uses and recreational uses. Measurements shall be made in a straight line, without regard to intervening structures or objects, from the main entrance of such adult business to the point on the property line of such other adult business, residential district/use, religious use, educational uses and recreational use.

2.

Said businesses shall be screened along adjoining property lines as to prevent any direct visual contact of the adult business at the perimeter.

3.

Doors, curtains and any other means of obstruction to the opening of all booths and other preview areas, including, but not limited to, adult novelty businesses, adult motion picture arcades, adult mini-motion picture theaters, and adult motion picture theaters shall be removed and kept off at all times during the execution of this permit. Failure to comply with this condition shall result in revocation of the conditional use permit.

4.

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

5.

The proposed location, design, construction and operation of the particular use adequately safeguards the health, safety, and general welfare of persons residing or working in adjoining or surrounding property.

6.

Such use shall not impair an adequate supply of light and air to surrounding property.

7.

Such use shall not unduly increase congestion in the streets or public danger of fire and safety.

8.

Such use shall not diminish or impair established property values in adjoining or surrounding property.

9.

Such use shall be in accord with the intent, purpose and spirit of this ordinance and the comprehensive development plan of Syracuse, Nebraska.

10.

Applications for adult businesses under the terms of this section shall be accompanied by evidence concerning the feasibility of the proposed request and its effect on surrounding property and shall include a site plan defining the areas to be developed for buildings and structure, the areas to be developed for parking, driveways and points of ingress and egress, the location and height of walls, the location and type of landscaping, and the location, size and number of signs.

11.

An adult business shall post a sign at the entrance of the premises which shall state the nature of the business and shall state that no one under the age of 18 years of age is allowed on the premises. This section shall not be construed to prohibit the owner from establishing an older age limitation for coming on the premises.

12.

Prohibited activities of adult businesses.

A.

No adult business shall employ any person under 18 years of age.

B.

No adult business shall furnish any merchandise or services to any person who is under 18 years of age.

C.

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

D.

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

13.

Outdoor storage of trailers, campers, motor homes, boats, and recreational vehicles.

5.13.03.14.

Small wireless facility.

5.13.04.

Accessory uses.

5.13.04.01.

Buildings and uses customarily incidental to the permitted uses.

5.13.04.02.

Parking as permitted in section 7.01 through 7.05.

5.13.04.03.

Signs as permitted in section 7.06 through 7.09.

5.13.04.04.

Temporary buildings and uses incidental to construction work which will be removed upon completion or abandonment of the construction work.

5.13.05.

Height and lot requirements.

5.13.05.01.

The height and minimum lot requirements shall be as follows:

¹ 50-foot front yard setback required only when no parking is present in the front yard. If parking is located in the front yard then front yard setback is a minimum of 75 feet.

5.13.06.

Use limitations.

5.13.06.01.

When adjacent to residentially zoned land, no parking or drives shall be allowed in the required front yard within 15 feet of said residential district. Furthermore, permanent screening shall be provided in this area in order to minimize impacts on residentially zoned property, as per section 7.14.02.

5.13.06.02.

No outdoor storage, except the display of merchandise for sale to the public, shall be permitted.

5.13.06.03.

Exterior lighting fixtures, other than publicly installed street lights, shall be located and installed to reflect light away from abutting residential properties.

5.13.07.

Performance standards. See section 7.13 of the supplemental regulations.

(Ord. No. 983, § 1, 10-14-2015; Ord. No. 1026, § 1, 10-11-2017)

(Ord. No. 880, 6-7-2010)

Editor's note— Ord. No. 880 repealed § 5.14, PUD-1 planned unit developments.

5.15.01.

Intent. The intent of the Mobile Home Residential District shall be to provide for mobile home dwellings on leased or owned property in areas where a mobile home court is appropriate, where such development is recognized as being in the best interests of the citizens and taxpayers of Syracuse.

5.15.02.

Permitted principal uses. The following uses are permitted in the R-M Mobile Home Residential District.

5.15.02.01.

Mobile home dwelling.

5.15.02.02.

Single-family dwelling.

5.15.02.03.

Public school.

5.15.02.04.

Private and public park, playground and recreational facilities.

5.15.02.05.

Church, educational facilities and parish house.

5.15.02.06.

On-site sign.

5.15.02.07.

Multi-unit dwellings provided such use is part of a planned unit development-residential.

5.15.03.

Permitted conditional uses.

5.15.03.01.

Home occupation, subject to section 7.09.

5.15.03.02.

Nursery or day care schools.

5.15.03.03.

Utility installations such as electric substations, sewer lift stations, telephone exchanges, gas regulators and major transmission lines (not including utility office, repair, storage or production facilities).

5.15.03.04.

Sewage disposal and water supply and treatment facilities.

5.15.03.05.

Campgrounds.

5.15.03.06.

Public buildings.

5.15.04.

Accessory uses.

5.15.04.01.

Buildings and uses customarily incidental to the permitted uses.

5.15.04.02.

Fences as provided for in section 7.11.

5.15.04.03.

Parking as permitted in section 7.01 through 7.05.

5.15.04.04.

Signs as permitted in section 7.06 through 7.09.

5.15.04.05.

Temporary buildings and uses incidental to construction work which will be removed upon completion or abandonment of the construction work.

5.15.05.

Area and lot requirements.

5.15.05.01.

A mobile home park shall have an area of not less than five acres. No mobile homes or other structures shall be located less than 83 feet from the road centerline when contiguous to or having frontage to a county road or state highway. The setback on all other court property lines shall be 25 feet. These areas shall be landscaped. The minimum lot width for a mobile home court shall be 200 feet.

5.15.05.02.

Each lot provided for occupancy of a single mobile home shall have an area of not less than 5,000 square feet, excluding road R.O.W., and a width of not less than 50 feet for an interior lot, 80 feet for a corner lot, or 45 feet when facing a cul-de-sac turnaround or curve on a minor loop street. Each individual lot shall have:

1.

Side yards shall not be less than eight feet on one side and not less than eight feet on the other side, except that on corner lots, the setback for all buildings shall be a minimum of 30 feet on the side abutting a street/road.

2.

Front yard of not less than 30 feet.

3.

A rear yard of not less than 25 feet.

4.

There shall be a minimum livable floor area of 500 square feet in each mobile home.

5.15.05.03.

Height of buildings.

1.

Maximum height for principal uses: 35 feet.

2.

Maximum height for accessory uses: 20 feet.

5.15.05.04.

Each lot shall have access to a hard surfaced drive not less than 22 feet in width excluding parking.

5.15.05.05.

Community water and community sewage disposal facilities shall be provided with connections to each lot. The water supply shall be sufficient for domestic use and for fire protection.

5.15.05.06.

Service buildings including adequate laundry and drying facilities, and toilet facilities for mobile homes which do not have these facilities within each unit.

5.15.05.07.

Not less than eight percent of the total court area shall be designated and used for park, playground and recreational purposes.

5.15.05.08.

Storm shelters shall be required and shall meet the following criteria:

1.

Shelter space equivalent to two persons per mobile home lot.

2.

Designed in conformance with National Performance Criteria for Tornado Shelters by the Federal Emergency Management Agency (FEMA) and any other referenced material by FEMA.

3.

Shelters shall be sited in order to provide maximum protection to park occupants and so that residents may reach a shelter within the maximum safe time frame as directed by FEMA.

5.15.05.09.

All trailer pad locations shall be hard surfaced with properly reinforced poured in place concrete.

5.15.05.10.

All trailers shall have skirting which is in good repair, meets manufacturer standards, and is in conformance with the color scheme of the trailer.

5.15.06.

Plan requirements.

5.15.06.01.

A complete plan of the mobile home court shall be submitted showing:

1.

A development plan and grading plan of the court.

2.

The area and dimensions of the tract of land.

3.

The number, location, and size of all mobile home spaces.

4.

The area and dimensions of the park, playground and recreation areas.

5.

The location and width of roadways and walkways.

6.

The location of service buildings and any other proposed structures.

7.

The location of water and sewer lines and sewage disposal facilities.

8.

Plans and specifications of all buildings and other improvements constructed or to be constructed within the mobile home court.

9.

Location and number of storm shelters proposed for the development.

10.

Specifications, drawings and design calculations for all storm shelters on the park.

(Ord. No. 880, 6-7-2010)

Editor's note— Ord. No. 880 repealed section 5.16, gateway corridor district.

5.17.01.

Statutory authorization, findings of fact, and purposes.

5.17.01.01.

Statutory authorization. The legislature of the State of Nebraska has delegated the responsibility to local governmental units to adopt zoning ordinances designed to protect the public health, safety, general welfare, and property of the people of the state. The legislature, in R.R.S. 1943, 31-1001 et seq. has further assigned the responsibility to adopt, administer, and enforce floodplain management ordinances to the county, city, or village with zoning jurisdiction over the floodprone area.

5.17.01.02.

Findings of fact.

A.

Flood losses resulting from periodic inundation. The flood hazard areas of City of Syracuse, Nebraska are subject to inundation that results in loss of life and property, health and safety hazards, disruption of commerce and governmental services, extraordinary public expenditures for flood protection and relief, and impairment of the tax base, all of which adversely affect the public health, safety, and general welfare.

B.

General causes of the flood losses. These flood losses are caused by the cumulative effect of obstructions in floodplains causing increases in flood heights and velocities as well as the occupancy of flood hazard areas by uses vulnerable to floods or hazardous to others that are inadequately elevated or otherwise unprotected from flood damages.

5.17.04.03.

Statement Of Purpose. It is the purpose of this section to promote the public health, safety, and general welfare and to minimize those losses described in subsection 15.17.01.02 by applying the provisions of this section to:

A.

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

B.

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

C.

Reduce financial burdens from flood damage borne by the community, its governmental units, is residents, and its businesses by preventing excessive and unsafe development in areas subject to flooding.

D.

Assure that eligibility is maintained for property owners in the community to purchase flood insurance from the National Flood Insurance Program.

5.17.01.04.

Adherence to regulations. The provisions of this section are in compliance with the National Flood Insurance Program Regulations as published in Title 44 of the Code of Federal Regulations and the Nebraska Minimum Standards for Floodplain Management Programs as published in the Nebraska Administrative Code Title 455, Chapter 1.

5.17.02.

General provisions.

5.17.02.01.

Lands to which ordinance applies. This section shall apply to all lands within the jurisdiction of the City of Syracuse identified on the flood insurance rate map (FIRM) panels 31131C0215C and 31131C0220C dated August 4, 2004 as Zone A and within the zoning district established in subsection 5.17.03 of this section. In all areas covered by this section, no development shall be allowed except upon the issuance of a floodplain development permit to develop, granted by the floodplain administrator or the governing body under such safeguards and restrictions as the Syracuse City Council or the designated representative may reasonably impose for the promotion and maintenance of the general welfare, health of the inhabitants of the community and where specifically noted in subsections 5.17.04 and 5.17.05.

5.17.02.02.

Rules for interpretation of district boundaries. The boundaries of the floodway and the flood fringe overlay districts shall be determined by scaling distances on the official zoning map of the effective flood insurance rate map. Where interpretation is needed to the exact location of the boundaries of the districts as shown on the zoning or other community map, the floodplain administrator shall make the necessary interpretation. In such cases where the interpretation is contested, the board of adjustment shall resolve the dispute. The regulatory flood elevation for the point in question shall be the governing factor in locating the district boundary on the land. The person contesting the location of the district boundary shall be given a reasonable opportunity to present their case to the board of adjustment and to submit their own technical evidence, if so desired.

5.17.02.03.

Compliance. Within identified floodplains of this community, no development shall be located, extended, converted, or structurally altered without full compliance with the terms of this section and other applicable regulations.

5.17.02.04.

Abrogation and greater restrictions. This section does not intend to repeal, abrogate, or impair any existent easements, covenants, or deed restrictions. However, where this section imposes greater restrictions, the provision of this section shall prevail. All other ordinances inconsistent with this section are hereby repealed to the extent of the inconsistency only.

5.17.02.05.

Interpretation. In their interpretation and application, the provisions of this section shall be held to be minimum requirements and shall be liberally construed in favor of the governing body and shall not be deemed a limitation or repeal of any other powers granted by state statutes.

5.17.02.06.

Warning and disclaimer of liability. 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 or the flood height may be increased by manmade or natural causes, such as ice jams and bridge openings restricted by debris. This section does not imply that areas outside floodway and flood fringe district boundaries or land uses permitted within such districts will be free from flooding or flood damage. This section shall not create liability on the part of the City of Syracuse 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.

5.17.02.07.

Severability. 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.

5.17.03.

Establishment of zoning districts. The mapped floodplain areas within the jurisdiction of this section are hereby established as the floodplain overlay district, as identified in the Flood Insurance Study #31131CV000B and dated February 18, 2011, on accompanying FIRM panels as established in subsection 5.17.02.01. The floodplain overlay district shall correspond to flood Zone A. Within this district, all uses not meeting the standards of this section and those standards of the underlying zoning district shall be prohibited.

5.17.04.

Floodplain management administration.

5.17.05.01.

Designation of floodplain administrator. The zoning administrator is designated as the floodplain administrator of the community and is hereby designated as the community's local floodplain administrator. The floodplain administrator is authorized and directed to administer, implement, and enforce all provisions of this section. If the local floodplain administrator position is unfilled, the city's administrator shall assume the duties and responsibilities herein.

5.17.05.02.

Permits required. A floodplain development permit shall be required before any development, construction, or substantial improvement is undertaken. No person, firm, corporation, government agency, or other entity shall initiate any floodplain development without first obtaining a floodplain development permit.

5.17.05.03.

Duties of the floodplain administrator.

A.

Duties of the floodplain administrator shall include, but not be limited to the following:

i.

Review, approve, or deny all applications for floodplain development permits.

ii.

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

iii.

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

iv.

Review all subdivision proposals and other proposed new development, including manufactured home parks or subdivisions, to determine whether such proposals will be reasonably safe from flooding.

v.

Coordinate with the Nebraska Department of Natural Resources to obtain base flood elevation information when applicable and required.

vi.

Notify adjacent communities and the Nebraska Department of Natural Resources prior to any alteration or relocation of a watercourse and submit evidence of such notification to the Federal Emergency Management Agency.

vii.

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

viii.

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

ix.

Verify, record, and maintain record of the actual elevation (in relation to mean sea level) to which all new or substantially improved structures have been floodproofed.

x.

Verify, record, and maintain record of all improved or damaged structures to ensure compliance with standards in applicable sections. Track value of improvements and market value with permits. Also, ensure consistent market value estimations to evaluate against damaged or improved values.

xi.

Ensure comprehensive development plan as amended is consistent with this section.

xii.

In the event the floodplain administrator discovers work done that does not comply with applicable laws or ordinances, the floodplain administrator shall revoke the permit and work to correct any possible violation in accordance with this section.

5.17.05.04.

Application for permit and demonstration of compliance.

A.

To obtain a floodplain development permit, the applicant shall first file an application in writing on a form furnished for that purpose. Every such application shall:

i.

Identify and describe the proposed development and estimated cost to be covered by the floodplain development permit.

ii.

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

iii.

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

iv.

Be accompanied by plans and specifications for proposed construction.

v.

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

B.

If any proposed development is located entirely or partially within a floodplain, applicants shall provide all information in sufficient detail and clarity to enable the floodplain administrator to determine that:

i.

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

ii.

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

iii.

Structures will be anchored to prevent flotation, collapse, or lateral movement;

iv.

Construction materials are flood resistant;

v.

Appropriate practices to minimize flood damage have been utilized; and

vi.

Electrical, heating, ventilation, air conditioning, plumbing, and any other service facilities have been designed and located to prevent entry of floodwaters.

C.

For all new and substantially improved structures, an elevation certificate based upon the finished construction certifying the elevation of the lowest floor, including basement, and other relevant building components shall be provided to the floodplain administrator and be completed by a licensed surveyor, engineer, or architect.

D.

When floodproofing is utilized for an applicable structure, a floodproofing certificate shall be provided to the floodplain administrator and be completed by a licensed professional engineer or architect.

E.

Any other such information as reasonably may be required by the floodplain administrator shall be provided.

F.

Letters of map revision. Federal regulations in Title 44 of the Code of Federal Regulations, Chapter 1, Part 65.5 and 65.6 allow for changes to the special flood hazard area through a letter of map revision (LOMR) or a letter of map revision based on fill (LOMR-F), provided the community determines that the land and any existing or proposed structures that would be removed from the floodplain are "reasonably safe from flooding." The community acknowledgement form asserting this is required for LOMR and LOMR-F applications and must be signed by the floodplain administrator. The floodplain administrator shall not sign a community acknowledgement form unless all criteria set forth in the following paragraphs are met:

i.

Applicant shall obtain floodplain development permit before applying for a LOMR or LOMR-F.

ii.

Applicant shall demonstrate that the property and any existing or proposed structures will be "reasonably safe from flooding," according to the minimum design standards in FEMA Technical Bulletin 10-01.

iii.

All requirements listed in the simplified approach in FEMA Technical Bulletin 10-01 shall be met and documentation from a registered professional engineer shall be provided. If all of these requirements are not met, applicant must provide documentation in line with the engineered approach outlined in FEMA Technical Bulletin 10-01.

5.17.05.05.

Flood data required.

A.

All Zone A areas on the FIRM are subject to inundation of the base flood; however, the base flood elevations are not provided. Zone A areas shall be subject to all development provisions of this section. If flood insurance study data is not available, the community shall utilize any base flood elevation or floodway data currently available from federal, state, or other sources, including from a study commissioned by the applicant pursuant to best technical practices.

B.

Until a floodway has been designated, no development or substantial improvement may be permitted within the floodplain unless the applicant has demonstrated that the proposed development or substantial improvement, when combined with all other existing and reasonably anticipated developments or substantial improvements, will not increase the water surface elevation of the base flood more than one foot at any location as shown in the flood insurance study or on base flood elevation determinations.

5.17.05.06.

Variance and appeals procedures.

A.

The board of adjustment as established by the City of Syracuse shall hear and decide appeals and requests for variances from the requirements of this section.

B.

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 flood plain administrator in the enforcement or administration of this section.

C.

Any person aggrieved by the decision of the board of adjustment or any taxpayer may appeal such decision to the district court.

D.

In evaluating such appeals and requests, the board of adjustment shall consider technical evaluation, all relevant factors, standards specified in other sections of this section, and:

i.

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

ii.

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

iii.

The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner, future owners, and neighboring properties;

iv.

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

v.

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

vi.

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

vii.

The compatibility of the proposed use with existing and anticipated development;

viii.

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

ix.

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

x.

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

xi.

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

5.17.05.07.

Conditions for variances.

A.

Variances shall only be issued upon a showing of good and sufficient cause and also upon a determination that failure to grant the variance would result in an exceptional hardship to the applicant.

B.

Variances shall only be issued based upon a determination that the granting of a variance will not result in increased flood heights.

C.

Variances shall only be issued based upon a determination that the granting of a variance will not result in additional threats to public safety, extraordinary public expense, create nuisances, cause fraud on or victimization of the public, or conflict with existing local laws or ordinances.

D.

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 E-I below have been fully considered. As the lot size increases beyond one-half acre, the technical justification required for issuing the variance increases.

E.

Variances may be issued for the repair or rehabilitation of historic structures upon a determination that the proposed repair or rehabilitation will not preclude the structure's continued designation as an historic structure on the National Register of Historic Places and the variance is the minimum necessary to preserve the historic character and design of the structure.

F.

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

G.

The applicant shall be given a written notice over the signature of a community that the issuance of a variance to construct a structure below the base flood elevation will result in increased premium rates for flood insurance up to amounts as high as $25.00 for $100.00 of insurance coverage and also that such construction below the base flood elevation increases risks to life and property. Such notification shall be maintained with the record of all variance actions as required by this section.

All requests for variances and associated actions and documents, including justification for their issuance, shall be maintained by the community.

5.17.05.08.

Enforcement.

A.

Violations. Failure to obtain a floodplain development permit or the failure of a structure or other development to be fully compliant with the provisions of this section shall constitute a violation. A structure or other development without a floodplain development permit, elevation certificate, certification by a licensed professional engineer of compliance with these regulations, or other evidence of compliance is presumed to be in violation until such time as documentation is provided.

B.

Notices. When the floodplain administrator or other authorized community representative determines, based on reasonable grounds, that there has been a violation of the provisions of this section, the floodplain administrator shall give notice of such alleged violation as hereinafter provided. Such notice shall:

i.

Be in writing;

ii.

Include an explanation of the alleged violation;

iii.

Allow a reasonable time for the performance of any remedial act required;

iv.

Be served upon the property owner or their agent as the case may require; and

v.

Contain an outline of remedial actions that, if taken, will bring the development into compliance with the provisions of this section.

C.

Penalties.

i.

Violation of the provisions of this section or failure to comply with any of its requirements (including violations of conditions and safeguards established in connection with grants of variances or special exceptions) shall constitute a misdemeanor. Any person, firm, corporate, or other entity that violates this section or fails to comply with any of its requirements shall upon conviction thereof be fined not more than $500.00 and in addition, shall pay all costs and expenses involved in the case. Each day such violation continues shall be considered a separate offense.

ii.

The imposition of such fines or penalties for any violation or non-compliance with this section shall not excuse the violation or non-compliance or allow it to continue. All such violations or non-compliant actions shall be remedied within an established and reasonable time.

iii.

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

5.17.05.

Standards for floodplain development.

5.17.05.01.

General provisions.

A.

Alteration or relocation of a watercourse.

i.

A watercourse or drainway shall not be altered or relocated in any way that in the event of a base flood or more frequent flood will alter the flood carrying characteristics of the watercourse or drainway to the detriment of upstream, downstream, or adjacent locations.

ii.

No alteration or relocation shall be made until all adjacent communities that may be affected by such action and the Nebraska Department of Natural Resources have been notified and all applicable permits obtained. Evidence of such notification shall be submitted to the Federal Emergency Management Agency.

B.

Encroachments.

i.

When proposing to permit any of the following encroachments, the standards in subsection 5.17.05.01(B)(ii) shall apply:

a.

Any development in Zone A without a designated floodway that will cause a rise of more than one foot in the base flood elevation; or

b.

Alteration or relocation of a stream; then

ii.

The applicant shall:

a.

Apply to FEMA for conditional approval of such action via the conditional letter of map revision process (as per Title 44 of the Code of Federal Regulations, Chapter 1, Part 65.12) prior to the permit for the encroachments; and

b.

Supply the fully approved package to the floodplain administrator including any required notifications to potentially affected property owners.

5.17.05.02.

Elevation and floodproofing requirements.

A.

Residential structures.

i.

In Zone A, all new construction and substantial improvements shall have the lowest floor, including basement, elevated to or above one foot above the base flood elevation.

B.

Nonresidential structures.

i.

In Zone A, all new construction and substantial improvements shall have the lowest floor, including basement, elevated to or above one foot above the base flood elevation or, together with attendant utility and sanitary facilities, floodproofed so that below one foot above the base flood elevation:

a.

The structure is watertight with walls substantially impermeable to the passage of water; and

b.

The structure has structural components with 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. A floodproofing certificate shall be provided to the floodplain administrator as set forth in subsection 15.04.04.

C.

Critical facilities.

i.

New construction or substantial improvement of any critical facility is prohibited in all areas of the floodplain and the 0.2 percent annual chance floodplain, unless all of the following provisions are met:

a.

No feasible alternative site exists for the construction of an equivalent facility within the corporate or extraterritorial jurisdiction boundaries of City of Syracuse;

b.

The facility has the lowest floor, including basement, of all structures elevated to one foot above the 0.2 percent annual chance flood elevation or, together with attendant utility and sanitary facilities, floodproofed so that below one foot above the 0.2 percent annual chance flood elevation:

1.

The structure is watertight with walls substantially impermeable to the passage of water.

2.

The structure has structural components with the capability of resisting hydrostatic and hydrodynamic loads and effects of buoyancy.

3.

A registered professional engineer or architect shall certify that the standards of the subsection are satisfied. Such certification shall be provided to the floodplain administrator as set forth in subsection 15.17.04.

c.

If the 0.2 percent annual chance floodplain is not identified, the facility shall have the lowest floor, including basement, elevated to three feet above the base flood elevation or be floodproofed to three feet above the base flood elevation with the standards in subsection 5.17.02(C)(i)(b).

d.

The facility has at least one access road connected to land outside the 0.2 percent annual chance floodplain that is capable of carrying emergency support vehicles and the top of the access road is no lower than the 0.2 percent annual chance flood elevation.]

D.

Space below lowest floor. All new construction and substantial improvements shall not have fully enclosed areas below the base flood elevation.

i.

Fully enclosed areas below the lowest floor (excluding basements) and below the base flood elevation shall be used solely for the parking of vehicles, building access, or limited storage of readily removable items.

ii.

Fully enclosed areas below the lowest floor (excluding basements) and below the base flood elevation shall be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwaters. Designs for meeting this requirement must either be certified by a registered professional engineer or architect or meet or exceed the following minimum criteria:

a.

A minimum or two openings having a net total area of not less than one square inch for every one square foot of enclosed space,

b.

The bottom of all openings shall not be higher than one foot above grade, and

c.

Openings may be equipped with screens, louvers, valves, or other coverings or devices provided that they allow the automatic entry and exit of floodwaters.

E.

Appurtenant structures.

a.

Structures accessory to a principal building may have the lowest floor below one foot above base flood elevation provided that the structure complies with the following requirements:

b.

The structure shall not be used for human habitation.

c.

The use of the structure must be limited to parking of vehicles or storage of items readily removable in the event of a flood warning.

d.

The floor area shall not exceed 900 square feet.

e.

The structure shall have a low damage potential.

f.

The structure must be adequately anchored to prevent flotation, collapse, or other lateral movement.

g.

The structure shall be designed to automatically provide for the entry and exit of floodwaters for the purpose of equalizing hydrostatic forces. Designs for meeting this requirement must either be certified by a registered professional engineer or architect or meet or exceed the following minimum criteria:

1.

A minimum of two openings having a net area of not less than one square inch for every one square foot of enclosed space,

2.

The bottom of all openings shall not be higher than one foot above grade, and

3.

Openings may be equipped with screens, louvers, valves, or other coverings or devices provided that they allow the automatic entry and exit of floodwaters.

h.

No utilities shall be installed in the structure, except electrical fixtures which must be elevated or floodproofed to one foot above base flood elevation.

i.

The structure shall be constructed and placed on the building site so as to offer the minimum resistance to the flow of floodwaters.

j.

If the structure is converted to another use, it must be brought into full compliance with the minimum standards governing such use.

F.

Manufactured, trailer, or mobile homes. Within any floodplain, new manufactured, trailer, or mobile homes and new manufactured, trailer, or mobile home courts shall be prohibited.

i.

All existing manufactured, trailer, or mobile homes shall be anchored to resist flotation, collapse, or lateral movement. Manufactured, trailer, or mobile homes must be anchored in accordance with local building codes or FEMA guidelines. In the event that over-the-top 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, trailer, or mobile homes, with two additional ties per side at intermediate locations and less than 50 feet long requiring one additional tie per side;

b.

Frame ties be provided at each corner of the manufactured, trailer, or mobile homes with five additional ties per side at intermediate points and trailer home or mobile homes less than 50 feet long requiring four additional ties per side;

c.

Any additions to a manufactured, trailer, or mobile home shall be similarly anchored.

G.

Existing structures.

i.

The provisions of this section do not require any changes or improvements to be made to lawfully existing structures. However, when an improvement is made to a structure in the floodplain, a floodplain development permit is required and the provisions of subsection 5.17.02(G)(ii, iii) shall apply.

ii.

Any addition, alteration, reconstruction, or improvement of any kind to an existing structure where the costs of which would equal or exceed 50 percent of the pre-improvement market value shall constitute a substantial improvement and shall fully comply with the provisions of this section.

iii.

Any addition, alteration, reconstruction, or improvement of any kind to an existing structure that will change the compliance requirements of the building shall require applicable documentation including an elevation certificate, floodproofing certificate, or no rise certification.

5.17.05.03.

Design and construction standards.

A.

Anchoring.

i.

All buildings or structures shall be firmly anchored to prevent flotation, collapse, or lateral movement of the structure resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy.

B.

Building materials and utilities.

i.

All buildings or structures shall be constructed with materials and utility equipment resistant to flood damage. All buildings or structures shall also be constructed by methods and practices that minimize flood and flood-related damages.

ii.

All buildings or structures shall be constructed with electrical, heating, ventilation, plumbing, air conditioning equipment, and other service facilities that are designed and/or located so as to prevent water from entering or accumulating within the components during conditions of flooding.

C.

Drainage.

i.

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

D.

Water supply and sanitary sewer systems.

i.

All new or replacement water supply and sanitary sewer systems shall be located, designed, and constructed to minimize or eliminate flood damages to such systems and the infiltration of floodwaters into the systems.

ii.

All new or replacement sanitary sewage systems shall be designed to minimize or eliminate discharge from the system into floodwaters.

iii.

On-site waste disposal systems shall be located and designed to avoid impairment to them or contamination from them during flooding.

iv.

New or replaced septic systems in floodplains are prohibited.

E.

Other utilities.

i.

All other utilities such as gas lines, electrical, telephone, and other utilities shall be located and constructed to minimize or eliminate flood damage to such utilities and facilities.

F.

Storage of materials.

i.

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

ii.

The storage of other material or equipment may be allowed if not subject to major damage by floods and firmly anchored to prevent flotation or if readily removable from the area within the time available after flood warning.

G.

Recreational vehicles.

i.

Recreational vehicles to be placed on sites within the floodplain shall:

a.

Be on site for fewer than 180 consecutive days; and

b.

Be fully licensed and ready for highway use, which shall mean it is on its wheels or jacking system, is attached to the site by only quick-disconnect type utilities and security devices, and no permanently attached additions.

H.

Subdivisions.

i.

Subdivision proposals and other proposed new development, including manufactured home parks or subdivisions, shall require assurance that:

a.

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

b.

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

c.

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

d.

Proposals for development (including proposals for manufactured home parks and subdivisions) of five acres or 50 lots, whichever is less, where base flood elevation data are not available, shall be supported by hydrologic and hydraulic analyses that determine base flood elevations and floodway information. The analyses shall be prepared by a licensed professional engineer in a format required by FEMA for conditional letters of map revision and a letters of map revision.

5.17.06.

Nonconforming use.

A.

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

i.

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 floodplain administrator in writing of instances of nonconforming uses where utility services have been discontinued for a period of six months.

ii.

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

B.

If any nonconforming use or structure is destroyed by any means, including flood, it shall not be reconstructed if the cost is more than 50 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, or safety code or regulations or the cost of any alteration of a structure listed on the National Register of Historic Places, provided that the alteration shall not preclude its continued designation.

5.17.07.

Amendments.

A.

The provisions, restrictions, and boundaries set forth in this section may from time to time be amended, supplemented, changed, or appealed to reflect any and all changes in federal, state, or local regulations provided, however, that no such action may be take until after a public hearing in relation thereto, at which citizens and parties in interest shall have an opportunity to be heard.

B.

A copy of such amendments will be provided to the Nebraska Department of Natural Resources and the Federal Emergency Management Agency for review and approval before being adopted.

5.17.08.

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

0.2 percent annual chance floodplain means the floodplain that would be inundated by the 0.2 percent annual chance flood and delineated on the flood insurance rate maps.

0.2 percent annual chance flood elevation means the elevation to which floodwaters are expected to rise during a 0.2 percent annual chance flood.

Appurtenant structure means a structure on the same parcel of property as the principal structure, the use of which is incidental to the use of the principal structure. Also shall be known as "accessory structure."

Area of shallow flooding means 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.

Base flood means the flood having one percent chance of being equaled or exceeded in any given year.

Base flood elevation means the elevation to which floodwaters are expected to rise during the base flood.

Basement means any area of the building having its floor subgrade (below ground level) on all sides.

Building means "structure." See definition for "structure."

Critical facility means any property that, if flooded, would result in severe consequences to public health and safety. Critical facilities include, but are not limited to: Facilities that produce, use, or store hazardous materials; hospitals, nursing homes, and housing likely to contain vulnerable populations; emergency support function facilities like police stations, fire stations, vehicle and equipment storage facilities, and emergency operations centers; public and private utility facilities vital to maintaining or restoring normal services to flooded areas before, during, and after a flood.

Development means any man-made change to improved or unimproved real estate, including but not limited to the construction, reconstruction, renovation, repair, expansion or alteration of buildings or other structures; the placement of manufactured homes; streets and other paving; utilities; filling, grading, and excavation; mining; dredging; drilling operations; storage of equipment or materials; or obstructions.

Drainway means "watercourse." See definition for "watercourse."

Existing manufactured home park or subdivision means a manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including, at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is complete before the effective date of the floodplain management regulations adopted by a community.

Expansion to an existing manufactured home park or subdivision means the preparation of additional sites by the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads).

Flood or flooding means a general and temporary condition of partial or complete inundation of normally dry land areas.

Flood fringe is that area of the floodplain, outside of the floodway, that has a one percent chance of flood occurrence in any one year.

Flood insurance rate map (FIRM) means an official map of a community, on which the Flood Insurance Study has delineated the special flood hazard area boundaries and the risk premium zones applicable to the community.

Flood insurance study (FIS) is the official report provided by the Federal Emergency Management Agency. The report contains flood profiles, as well as the flood insurance rate map and the water surface elevation of the base flood.

Floodplain means any land area susceptible to being inundated by water from any source (see definition of "flooding"). Floodplain includes flood fringe and floodway. Floodplain and special flood hazard area are the same for use by this section.

Floodproofing means any combination of structural and nonstructural additions, changes, or adjustments to structures that reduce or eliminate flood damage to real estate or improved real property, water and sanitary facilities, and structures and their contents.

Floodway or regulatory floodway means the channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one foot.

Freeboard means a factor of safety usually expressed in feet above a flood level for purposes of floodplain management. "Freeboard" tends to compensate for the many unknown factors that could contribute to flood heights greater than the height calculated for a selected size flood and floodway conditions, such as wave action, clogged bridge openings, and the hydrological effect of urbanization of the watershed.

Highest adjacent grade means the highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure.

Historic structure means any structure that is: (a) Listed individually in the National Register of Historic Places (a listing maintained by the Department of Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register; (b) Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district; (c) Individually listed on a state inventory of historic places in states with historic preservation programs which have been approved by the Secretary of the Interior; or (d) Individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified either: (1) By an approved state program as determined by the Secretary of the Interior or (2) Directly by the Secretary of the Interior in states without approved programs.

Lowest floor means the lowest floor of the lowest enclosed area (including basement). An unfinished or flood-resistant enclosure, usable solely for parking of vehicles, building access or storage, in an area other than a basement area, is not considered a building's lowest floor, provided that such enclosure is not built or modified so as to render the structure in violation of the applicable non-elevation design requirements of this section.

Manufactured, trailer, or mobile home means a structure, transportable in one or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when attached to the required utilities. The terms, "manufactured home, trailer home, or mobile home," do not include a "recreational vehicle."

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

New construction for floodplain management purposes, means structures for which the "start of construction" commenced on or after the effective date of the floodplain management regulation adopted by a community and includes any subsequent improvements to such structures.

New manufactured home park or subdivision means a manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed on or after the effective date of floodplain management regulations adopted by a community.

Obstruction means any wall, wharf, embankment, levee, dike, pile, abutment, projection, excavation (including the alteration or relocation of a watercourse or drainway), channel rectification, bridge, conduit, culvert, building, stored equipment or material, wire, fence, rock, gravel, refuse, fill, or other analogous structure or matter which may impede, retard, or change the direction of the flow of water, either in itself or by catching or collecting debris carried by such water, or that is placed where the natural flow of the water would carry such structure or matter downstream to the damage or detriment of either life or property. Dams designed to store or divert water are not obstructions if permission for the construction thereof is obtained from the Department of Natural Resources pursuant to the Safety of Dams and Reservoirs Act (Nebraska Revised Statutes 46-1601 to 46-1670 as amended).

Overlay district is a district in which additional requirements act in conjunction with the underlying zoning district(s). The original zoning district designation does not change.

Post-firm structure means a building that was constructed or substantially improved after December 31, 1974, or on or after the community's initial flood insurance rate map dated July 1, 1988, whichever is later.

Pre-firm structure means a building that was constructed or substantially improved on or before December 31, 1974, or before the community's initial flood insurance rate map dated July 1, 1988, whichever is later.

Principally above ground means that at least 51 percent of the actual cash value of the structure is above ground.

Recreational vehicle means a vehicle which is: (i) built on a single chassis; (ii) 400 square feet or less when measured at the largest horizontal projections; (iii) designed to be self-propelled or permanently towable by a light duty truck; and (iv) designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use.

Regulatory flood elevation means the base flood elevation (BFE) plus a freeboard factor as specified in this section.

Special flood hazard area (SFHA) is the land in the floodplain within a community subject to one percent or greater chance of flooding in any given year.

Start of construction means the date the floodplain development permit was issued, provided the actual start of construction, repair, reconstruction, rehabilitation, addition, placement, or other improvement was within 180 days of the permit date. "Start of construction" also includes substantial improvement, and means the date the building permit was issued, provided the actual start of construction, repair, reconstruction, rehabilitation, addition, placement, or other improvement was within 180 days of the permit date. The actual start means the first placement of permanent construction of a structure on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation; 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 the installation of streets and/or walkways; nor does it include excavation for a basement, footings, piers, or foundations or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. For a substantial improvement, the actual start of construction means the first alteration of any wall, ceiling, floor, or other structural part of a building, whether or not the alteration affects the external dimensions of the building.

Structure means a walled and roofed building that is principally above ground, as well as a manufactured home and a gas or liquid storage tank that is principally above ground.

Subdivision means the division or re-division of a lot, tract, or parcel of land by any means into two or more lots, tracts, parcels, or other divisions of land including changes in existing lot lines for the purpose, whether immediate or future, of lease, partition by the court for distribution to heirs or devisees, transfer of ownership, or building or lot development.

Substantial damage means damage of any origin sustained by a structure whereby the cost of restoring the structure to its before-damage condition would equal or exceed 50 percent of the fair market value of the structure before the damage occurred.

Substantial improvement means any reconstruction, rehabilitation, addition, or other improvement of a structure, the cost of which equals or exceeds 50 percent of the market value of the structure before "start of construction" of the improvement. This includes structures which have incurred "substantial damage," regardless of the actual repair work performed. The term does not, however, include either: (1) any project for improvement of a structure to correct existing violations of state or local health, sanitary, or safety code specifications which have been identified by the local code enforcement official and which are the minimum necessary to assure safe living conditions, or (2) any alteration of a "historic structure," provided that the alteration will not preclude the structure's continued designation as a "historic structure."

Trailer home, mobile home or trailer coach means and includes objects or structures so designed as to be mounted on wheels and used as a conveyance on highways or municipal streets, and propelled or drawn by its own or other motive power; and which permits the occupancy thereof as a dwelling for one or more persons, the conducting therein of any business, profession, occupation, trade, and used as a selling or advertising devise.

Trailer home court means and includes an area of land upon which is located, or which is designed, intended, and maintained for, the purpose of supplying a location or accommodation for four or more occupied trailer homes, that are harbored, either free of charge or for revenue, together with any building, structure, or enclosure used as part of the equipment of such trailer home court.

Unit or unit space means the ground space that is actually set aside in a trailer home court for the occupancy by, and use of, a trailer home.

Variance is a grant of relief to an applicant from the requirements of this section that allows construction in a manner otherwise prohibited by this section where specific enforcement would result in unnecessary hardship.

Violation means a failure of a structure or other development to be fully compliant with the community's floodplain management regulations. A structure or other development without the elevation certificate, other certifications, or other evidence of compliance required in this section is presumed to be in violation until such time as that documentation is provided.

(Ord. No. 769, 10-20-2004; Ord. No. 1135, 1-11-2023)

5.18.01.

Intent. It is the intent of the Old Towne Commercial/Industrial District ordinance to provide standards for areas suitable for limited commercial and limited industrial, wholesaling and storage activities. Preservation of land for the expansion of the basic economic activities, to free these areas from intrusion by incompatible land uses, that these areas should be served with adequate transportation facilities, and that users of this land conduct activities that create low to moderate hazards to adjacent properties.

5.18.02.

Permitted uses. The following principal uses are permitted in the CI-1 District:

5.18.02.01.

Meeting hall, not including uses defined in adult establishment.

5.18.02.02.

Dry cleaners - establishments (not over 2,000 square feet in floor area) with one dry cleaning unit having a capacity not to exceed 35 pounds per cycle using nonflammable or nonexplosive solvents.

5.18.02.03.

Automobile displays, repair, sales, service, and auto body repair.

5.18.02.04.

Lumber yards, hardware stores and building material sales yards with enclosed and screened storage areas.

5.18.02.05.

Veterinarian or animal hospital, provided any such building, kennel, or exercise runway is located at least 100 feet away from any residential district boundary or residential use.

5.18.02.06.

Assembly, fabrication and processing of products inside an enclosed building, except hazardous or combustible materials.

5.18.02.07.

Laboratories.

5.18.02.08.

Manufacture and assembly of electrical and electronic appliances.

5.18.02.09.

Manufacturing, processing, compounding packaging, or treatment of articles or merchandise from previously prepared materials.

5.18.02.10.

Manufacture of sheet metal products including heating and ventilation equipment.

5.18.02.11.

Printing and publishing business.

5.18.02.12.

Stone and monument works.

5.18.02.13.

Warehouses and wholesale businesses.

5.18.02.14.

Highway maintenance yards or buildings.

5.18.02.15.

Self-storage units.

5.18.02.16.

Cabinetry millwork.

5.18.02.17.

Expansion or reconstruction of existing single-family dwelling units and related or accessory structures.

5.18.02.18.

Farm implement display, sales and service.

5.18.02.19.

All uses permitted in section 5.11.02.

5.18.03.

Conditional uses. The following uses are subject to any conditions listed in this ordinance and are subject to other conditions relating to the placement of said use on a specific tract of real estate in the CI-1 District as recommended by the planning commission and approved by the city council:

5.18.03.01.

Temporary structure for festivals or commercial events.

5.18.03.02.

Overhead and underground utility main transmission lines, including, but not limited to, power, telephone, gas, fuel, or fertilizer lines, substations, terminal facilities, and reservoirs.

5.18.03.03.

Auction sales.

5.18.03.04.

Grain storage and elevators.

5.18.03.05.

Construction and heavy equipment sales and service.

5.18.03.06.

Research facilities.

5.18.03.07.

Truck terminal and dock facilities to include truck washing.

5.18.03.08.

Live-in quarters used by live-in watchman or custodians during periods of construction or when necessary as an accessory to permitted use.

5.18.03.09.

Perimeter security fencing above six feet in height.

5.18.03.10.

Garden supply and retail garden center.

5.18.03.11.

Temporary greenhouses.

5.18.03.12.

Small wireless facility.

5.18.03.13.

Outside storage of trailers, campers, motor homes, boats, and recreational vehicles.

5.18.03.14.

Campground.

5.18.04.

Accessory uses.

5.18.04.01.

Buildings and uses customarily incidental to the permitted uses.

5.18.04.02.

Parking as permitted in sections 7.01 through 7.05.

5.18.04.03.

Signs as permitted in sections 7.06 through 7.09.

5.18.04.04.

Temporary buildings and uses incidental to construction work which will be removed upon completion or abandonment of the construction work.

5.18.05.

Height and lot requirements.

5.18.05.01.

The height and minimum lot requirements shall be as follows:

5.18.06.

Use limitations.

5.18.06.01.

No outdoor storage, except the display of merchandise for sale to the public, shall be permitted.

5.18.06.02.

Exterior lighting fixtures, other than publicly installed street lights, shall be located and installed to reflect light away from abutting residential properties.

5.18.06.03.

Outdoor storage within public utility facilities/uses shall be fenced and screened according to section 7.14.02 of this ordinance.

5.18.07.

Performance standards. See section 7.13 of the supplemental regulations.

¹ The rear yard setback shall be the lesser of 25 feet or 20 percent of the lot depth.

² The side yard setback along the common wall shall be zero feet and the common wall shall be along the adjoining lot line.

³ Provided total area of accessory structure for single family does not exceed 1,080 square feet or all structures do not exceed 50 percent total coverage.

⁴ For multi-family units, the side yard setback shall be 10 feet if it is a max. of 3 stories, and 2 additional feet of side yard on each side for each additional story in excess of 3 stories.

⁵ On corner lots: existing development = street side yard may conform to existing setbacks along the street. Future development = street side yard setback shall equal front yard setback.

⁶ 25 feet front yard setback required if no parking otherwise there is a 50 feet front yard setback.

⁷ Yard requirements are subject to section 4.09.05.

⁸ If on city water and sanitary sewer min. lot area = 10,000 square feet.

⁹ If on city water and sanitary sewer min. lot area = 4,500 square feet per unit.

¹⁰ 50-foot front yard setback required if no parking otherwise there is a 75 feet front yard setback.

Additional requirements may apply to a zoning district, please refer to the specific district, the general requirements and the supplemental regulations for more information.

(Ord. No. 794, 3-6-2006; Ord. of 3-8-2010; Ord. No. 979, § 1, 8-12-2015; Ord. No. 1027, § 1, 10-11-2017; Ord. No. 1059, § 1, 9-11-2019)