The regulations hereinafter set forth in this section qualify or supplement, as the case may be, the district regulations appearing elsewhere in this ordinance.

(1)

In districts where public buildings, semi-public buildings, public service buildings, hospitals, institutional buildings, schools, and churches and similar places of worship are permitted, one foot of additional height will be permitted for each one foot of additional building setback provided.

(2)

Chimneys, cooling towers, corn sizing towers, elevator headhouses, fire towers, grain elevators, monuments, stacks, lofts, tanks, water towers, ornamental towers, and spires, church steeples, radio and television towers or necessary mechanical appurtenances, which do not conflict with airport approach zones, may be erected to a height not to exceed one hundred fifty (150) feet.

(3)

Accessory buildings are intended to remain secondary in nature or subordinate to the primary building or structure on the parcel or tract of land in which they are located. Accessory buildings are to remain subordinate to the primary structure, both as to square footage and to height.

Accessory buildings shall not exceed more than two (2) individual buildings that combined have a maximum area of one thousand three hundred (1,300) square feet. However, parcels that have an area of at least ninety-eight thousand ten (98,010) square feet (or two and one-fourth (2¼) acres) shall have a maximum of two (2) accessory buildings, that shall not exceed a combined area of one thousand five hundred (1,500) square feet.

In all residential zoning districts, the maximum height shall be eighteen (18) feet for any accessory building on a parcel of less than ninety-eight thousand ten (98,010) square feet (or two and one-fourth (2¼) acres). Parcels that exceed ninety-eight thousand ten (98,010) square feet (or two and one-fourth (2¼) acres) shall have a maximum height for a detached garage and/or other accessory building of twenty (20) feet.

Parcels located in an R-3 residential district, in addition to the above, may also have one (1) garage for each apartment unit, with a maximum area of two hundred seventy-five (275) square feet.

Accessory buildings may be built in a rear yard but such accessory building shall not be nearer than the main building to any side lot line, except that when a garage is entered from an alley, it shall not be located closer than twenty (20) feet from the alley line.

(4)

No accessory building shall be constructed upon a lot until the construction of the main building has been actually commenced, and no accessory building shall be used for dwelling purposes.

(5)

The setback line shall be determined by measuring the horizontal distance from all property lines to the main building line and in the case of a front yard to the nearest architectural projection. Decks added onto existing dwellings, or designed as part of a house to be constructed, shall conform with all setback requirements.

(6)

Open or lattice-enclosed fire escapes, fireproof outside stairways and balconies opening upon fire towers, and the ordinary projections of chimneys and flues into the rear yard may be permitted by the building official for a distance of not more than three and one-half (3½) feet and where the same are so placed as not to obstruct light and ventilation.

(7)

For the purpose of the side yard regulations, a two-family dwelling, or a multiple-family dwelling shall be considered as one building occupying one lot.

(8)

Temporary buildings and temporary construction signs that are used in conjunction with construction work may be permitted in any district during the period that the building is being constructed, but such temporary building and/or sign shall be removed upon completion of the construction work.

(9)

Where a lot or tract is used for a nonresidential purpose, more than one principal use may be located upon the lot or tract but only when the building or buildings conform to all yard and open space requirements for the district in which the lot or tract is located.

(10)

No side yards are required where dwelling units are erected above commercial and industrial structures.

(11)

Radio and television towers shall be permitted in any commercial or industrial district, which do not conflict with airport approach zones, and may be erected to a height not to exceed one hundred fifty (150) feet.

(Ord. No. 1574, § 1, 7-14-1988; Ord. No. 2058, § 1, 4-5-2012)

Except as otherwise specifically provided in other codes, ordinances or resolutions, the following regulations shall apply to the construction of fences:

(1)

No solid fence shall be constructed closer to the street than the front setback line established for the district in which such fence is to be erected.

(2)

No fence erected in a required front yard shall materially obstruct public view. Permitted types of fences shall include split rail, chain link, woven wire or other similar material which has been approved by the building official.

(3)

No fence shall be constructed which will constitute a traffic hazard and no permit shall be granted for the construction of a fence unless the building official has certified that the proposed fence will not constitute a traffic hazard.

(4)

No fence shall be constructed in such a manner or be of such design as to be hazardous or dangerous to persons or animals.

(5)

No person shall erect or maintain any fence which will materially damage the adjacent property by obstructing the view, shutting out the sunlight or hindering ventilation, or any fence which shall adversely affect the public health, safety and welfare.

(6)

No fence, except fences erected upon public or parochial school grounds or in public parks and in public playgrounds, shall be constructed of a height greater than six (6) feet; provided, however, that the board of adjustment may, as a variance, authorize the construction of a fence higher than six (6) feet if the board finds the public welfare is preserved.

(7)

All fences shall conform to the construction standards of the building code and other applicable ordinances and resolutions.

(Ord. No. 1456, § 2, 1-13-1983; Ord. No. 1574, § 1, 7-14-1988)

A lot or group of lots which were platted and recorded in the office of the register of deeds prior to the effective date of this ordinance may be used for any purpose permitted in the district in which it is located; provided, however, that no residential building permit shall be issued for construction of a residential structure on a lot or group of lots that do not conform with the minimum yard and height requirements unless specifically authorized by the board of adjustment.

(Ord. No. 1727, 6-13-1996)

A canopy or marquee may be permitted to "overhang a public way" in district "C-1" providing:

(1)

The canopy or marquee is constructed and maintained in accordance with the city building code and other codes, ordinances and resolutions.

(2)

No portion of the canopy or marquee shall be less than eight (8) feet above the level of the sidewalk or other public way.

(3)

The canopy or marquee shall not extend beyond a point two (2) feet inside the curb line of a public street.

(Ord. No. 1727, 6-13-1996)

(0)

Definitions. For the purpose of this section, the following definitions shall prevail:

(a)

Owner shall mean and include the record owner of the fee simple of property or the lessee of a term of twenty-five (25) years or more of such property, or purchaser in possession under land contract.

(b)

Story shall mean the distance between the lower surface of any ceiling and the lower surface of the ceiling immediately above or below it, but if the distance between such ceiling surface and the floor immediately below is more than sixteen (16) feet such distance shall be considered to be not less than two (2) stories in depth.

(c)

Structure shall mean and include, but not be limited to, vaults, underpasses, areaways, basements, liquid storage tanks, boilers, and cantilevered areas of buildings.

(1)

Permit required. It shall be unlawful for any person to use any space underneath or above the surface of any street, alley, sidewalk, or other public ground within the city, or to construct any structure thereunder or thereover unless approved by the city by a permit issued as a privilege. No permit shall be issued except to the owner of the lot or land adjacent to the space sought to be used, and no permit shall be issued unless authorized by action of the city council. A building permit shall also be required from the building inspector if a permit would be required under the ordinances of the city to construct a similar structure upon private property.

(2)

Application for permit. Applications for such permit shall be made to the director of public works, and such application shall be in writing stating specifically the space desired, its length, breadth and depth, and the use intended to be made thereof, or the structure to be built therein; and the director of public works shall then refer said application to the city council.

(3)

Bond and public liability insurance.

(a)

Every applicant for such permit shall file with the application required, a continuing bond in the sum of not less than five thousand dollars ($5,000.00) with such surety as the city council may approve, but in the event that the city council in the resolution authorizing the permit shall fix a different sum, then a bond for such sum so fixed shall be substituted and filed with the application. All bonds and sureties shall be approved by the city council before such permit becomes effective. All bonds shall be conditioned that the person to whom such permit shall be issued and his heirs, successors or assigns shall save and keep the city free and harmless from any and all loss or damages, or claims for damages arising from or out of the use of the space or structure therein mentioned, and for the maintenance of the street, alley, sidewalk or other public way in such condition that said street, alley, sidewalk or other public way shall at all times after such structure is completed or such space is covered, be safe for the public use; for the full and complete protection of the city against any and all litigation growing out of the granting of such permit or anything done under such permit and for the removal of any structure permitted in the public space by such permit at the sole expense of the permittee and his heirs, successors or assigns; for the faithful performance and observance of all the terms and conditions of this chapter; and where the permit is given to use space which under this chapter is taxed, such bond shall also be conditioned for the prompt and full payment of the compensation required by this chapter, or any other ordinance required to be paid during the period said permit shall be outstanding. Following the issuance of such permit and as long as the use continues or as long as the structure exists in such public space, the owners of such property from time to time shall also be responsible to the city for the performance of all of the conditions of said bond above described.

(b)

Whenever the city council shall be of the opinion that the surety on such bond given for such permit issued hereunder has become insufficient and shall so declare by resolution, a new bond for such permit shall thereupon be filed with a new surety to be approved by the city council.

(c)

In addition to the bond, the applicant shall at all times have in full force and effect a policy of liability insurance in the minimum amount of three hundred thousand dollars ($300,000.00) for the injury or death of any number of persons per occurrence, and one hundred thousand dollars ($100,000.00) for property damage per occurrence. Such coverage shall name the City of York as an additional insured. All such policies and certificates of insurance shall be issued by companies authorized to do business in Nebraska, and shall be approved as to form by the city attorney before the commencement of such use and provide that it cannot be cancelled until thirty (30) days' written notice of such cancellation shall have been filed with the city clerk. Any termination or lapse of such insurance will automatically revoke any permit issued pursuant to this section.

(4)

Interference with sewer, gas or water pipes. No person shall ever use the space under any such street, alley, or public way in such manner as to interfere with any wastewater collector, gas, water, or any other public works or utilities lawfully in such street, alley, or other public way unless by consent of the city council especially granted by resolution; and no such permit shall be granted until the applicant therefor has deposited with said public utilities a sum of money equal to the estimated cost prepared by said public utilities to defray the cost and expense of removing, replacing, and relaying such wastewater collector, gas, water pipes, or other public works or utilities, and making the necessary connections therewith. Each and every applicant disturbing any such wastewater collector, gas, water pipes, or other public works or utilities, shall, within ten (10) days after so disturbing it, restore the same to such condition as will meet with the approval of the director of public works. When such wastewater collector, gas, water pipes, or other public works or utilities are so restored by said applicant, the sum so deposited with the said public utilities shall be refunded to such applicant less any sums which may be necessary to defray any damages which might arise from such disruption. If such applicant shall fail to restore such wastewater collector, gas, or water pipes, or other public works or utilities within ten (10) days after the same is disturbed, then the director of public works shall cause the same to be restored in a manner meeting with his/her approval, and the cost thereof shall be paid out of the sum thus deposited.

(5)

Revocation of permit; removal of structure. A permit issued under this section may be revoked by resolution of the city council upon the giving of five (5) days' written notice to such person by the city clerk, for the following reasons:

(a)

Failure of the permit holder to pay the compensation required within ten (10) days after the date for payment is due;

(b)

Failure or neglect of the permit holder to comply with the provisions of this section or any of the provisions of the York Municipal Code or provisions of the permit;

(c)

Failure to use the space for which the permit was granted for a continuous period of at least six (6) months; or

(d)

Upon a determination by the city that the space for which the permit was granted is needed for public use.

Upon revocation of a permit, the permit holder shall forthwith remove or abandon the space for which the permit was granted, together with the removal of any structures at his/her own cost and expense and return that space to the City of York, free and clear of all structures or encroachments of any type, at no expense to the city. If said space is below ground, such space shall be filled to the satisfaction of the director of public works at the expense of the permit holder. If a removal, abandonment, or fill has been requested and the said removal, abandonment, or fill is not completed within six (6) months after revocation of such permit, the city council may cause such removal, abandonment, or fill to be so done, and the costs of such work shall become a lien against the property of the permit holder.

(6)

Application of section; exceptions. The provisions of this section shall apply to all uses of any space under or over the public space where said use involves the construction of or excavation for structures to be placed in that space. The provisions of this chapter shall not apply to public utilities located above or under the public space, the use of street or sidewalk areas during construction work occurring on adjacent property and for marquees, awnings or signs for which a permit has been issued.

(Ord. No. 1574, § 1, 7-14-1988; Ord. No. 1727, 6-13-1996)

Wind energy conversion systems (WECS) may be permitted subject to the following requirements:

(1)

The minimum distance from any lot line to any tower, pole or other support structure of the wind energy conversion system shall be established by the following minimum standards:

Intermediate rotor size distances shall be interpolated from the above values.

(2)

The WECS shall not be located in any required yard.

(3)

The WECS shall not cause interference to microwave communications or radio and television reception in the area. Noise levels measured at the lot line shall not exceed sixty (60) dBA in a residential zone.

(4)

To limit climbing access to WECS tower, or other support structure, a six (6) foot high fence with locking portal shall be placed around the WECS support or if a tower is utilized, the tower climbing apparatus shall be limited to lower than twelve (12) feet from the ground or the WECS support may be mounted on a roof top.

(5)

All blades of a WECS shall be constructed of nonmetallic substances. If the applicant can prove, in written form, that no electromagnetic interference will result, a metal content of up to twenty-five (25) per cent will be acceptable.

(6)

The WECS shall be located in compliance with the guidelines of the federal aviation regulations with regard to airport approach and clearance around VOR and DVOR stations.

(7)

Height of the WECS shall not exceed the maximum height restriction in the zone where it is located by more than twenty (20) feet. The height of the WECS shall be measured at the center of the blade diameter.

(8)

Data pertaining to the WECS's safety and structural integrity shall be certified by a licensed engineer and filed with the building permit application. The tower or support and top adaptor shall meet the restrictions specified in the city's building code.

(9)

The WECS, if interconnected to a utility system, shall meet the requirements for interconnection and operation as set forth in the electric utility's current service regulations applicable to WECS.

(10)

A plot plan shall be submitted with the application for building permit showing the proposed location and height of the WECS, fencing and all existing buildings within two hundred (200) feet of the exterior lot lines.

(11)

The owner/operator shall provide covenants, easements or similar documentation to assure sufficient wind to operate the WECS unless adequate accessibility to the wind is provided by the site.

(12)

The owner/operator shall certify that the WECS does not violate any covenants of record.

(13)

The applicant shall provide a certificate of liability insurance. Annually the owner/operator shall present evidence to the zoning administrator that the liability insurance is still in effect.

(Ord. No. 1574, § 1, 7-14-1988; Ord. No. 1727, 6-13-1996)

Satellite receiving antennas (dish-type) and associated equipment may be permitted subject to the following requirements:

(1)

Dish antenna equipment may not be placed in either a front or side yard, and when placed in a rear yard, may not be closer to the rear lot line than the standard side yard requirement.

(2)

Dish antenna equipment located outside the principal structure in any zoning district shall be ground mounted only. No such antenna shall project higher than twelve (12) feet above ground level.

(3)

All antennas and associated equipment shall conform to the requirements of the building and utility codes of the City of York.

(4)

No person shall erect or maintain any antenna which will materially damage the adjacent property by obstructing the view, hindering ventilation, or which will present a hazard to the public health, safety and welfare.

(5)

The antenna and associated equipment shall not cause interference with microwave communication or radio or television reception in the area.

(6)

No person shall install, use or maintain any dish-type satellite receiving antenna and associated equipment in any zoning district except upon written permit from the City of York.

(7)

In instances where satellite dish measures less than twenty-four (24) inches in diameter, installation may take place in an unobtrusive location.

(8)

Prior to issuance of a permit for a satellite receiving antenna in a zoning district, the building official shall review the proposed installation and shall satisfy himself that the proposed application is in compliance with applicable design criteria, City Code requirements and the terms of these regulations.

(Ord. No. 1459, § 2, 4-14-1983; Ord. No. 1497, § 23, 2-14-1985; Ord. No. 1574, § 1, 7-14-1988; Ord. No. 1727, 6-13-1996)

All manufactured homes located outside mobile home parks shall meet the following standards:

(1)

The home shall have no less than nine hundred (900) square feet of floor area.

(2)

The home shall have no less than an eighteen (18) foot exterior width.

(3)

The roof shall be pitched with a minimum vertical rise of two and one-half (2½) inches for each twelve (12) inches of horizontal run.

(4)

The exterior material shall be of a color, material and scale comparable with those existing in residential site-built, single family construction.

(5)

The home shall have a non-reflective roof material which is or simulates asphalt or wood shingles, tile or rock.

(6)

The home shall have wheels, axles, transporting lights and removable towing apparatus removed.

(7)

Nothing in this article shall be deemed to supersede any valid restrictive covenants of record.

(8)

The home must meet building code requirements adopted by the City.

(Ord. No. 1978, § 1, 1-18-2007)

The requirements of this Zoning Code shall apply to all streets, alleys, sidewalks and street rights-of-way located in the zoning districts of the City of York and its extraterritorial zoning jurisdiction.

(Ord. No. 2204, § 1, 9-20-2018)

Shipping containers placed on any site shall comply with the provisions of this section, except that portable moving containers/moving pods placed on private property for no more than thirty (30) days in any twelve-month period shall not be regulated by this chapter.

(a)

A-L district. Shipping containers are allowed in the A-L district, provided that the use is an accessory use to the primary use, and is in conformance with current permitted zoning uses. Shipping containers used only for storage do not require a building permit or engineering foundation.

(b)

Residential and mobile home districts. Shipping containers are not allowed in residential or mobile home districts. A temporary shipping container can be approved by the zoning administrator or public works director or designee, when accessory to a project that has a valid residential building permit for up to one hundred eighty (180) consecutive days for temporary storage after the building permit is issued. In the event that the building permit is renewed or extended, a shipping container may not remain on the property for a period of more than a total of three hundred sixty (360) days.

(c)

Commercial districts.

(1)

Comply with applicable screening standards.

a.

An approved site plan.

b.

Are located in the rear yard of the property for new construction.

c.

Are not permanently affixed to the ground or installed with an engineering foundation.

d.

Shipping containers shall only be used for storage of nonhazardous material and not be used for residential uses, commercial sales or service, or other use types.

e.

Comply with applicable screening standards.

(2)

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

(d)

Industrial district.

(1)

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

(2)

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

(e)

Construction sites. Shipping containers are allowed on construction sites in districts other than the residential district where there is an active building permit, if the container is accessory to a project that has an active permit. The zoning administrator or public works director or designee may allow placement of a container at a commercial or industrial building site for up to one (1) year for temporary storage after the building permit is issued.

(f)

Similar containers. Look-alike shipping container buildings or metal buildings marketed as "containers" or "portable storage units" are regulated as shipping containers to which this section shall apply.

(g)

Shipping containers on public streets. Placing a shipping container on a city street or right-of-way is not allowed.

(h)

Development standards.

(1)

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

(2)

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

(3)

All applicable screening standards shall apply to shipping containers.

(i)

Exception. Properties owned or occupied by federal, state or local government entities, schools and religious organizations shall be exempt from the regulations of this ordinance.

(Ord. No. 2291, § 1, 8-19-2021)