Chapter 27

ZONING

ARTICLE I.  IN GENERAL

Sec. 27-1.  Short title. 

This chapter shall be known and cited as the “Zoning Regulations of the City of Norfolk, Nebraska.” 

Source:  Ord. No. 4603, § 1, 9-16-02

Sec. 27-2.  Definitions.

For the purpose of this chapter, the following words and terms as used herein are defined.  Certain articles or divisions contain definitions which are additional to those listed herein.  Words in the present tense shall include the future; the singular shall include the plural and the plural the singular; the word "structure" shall include the word "building," and the word "shall" is mandatory.

Abandonment shall mean to cease or discontinue a use or activity without intent to resume as distinguished from short term interruptions such as during periods of remodeling, maintenance or normal periods of vacation or seasonal closure.

Abutting shall mean to border on, being contiguous with or have property or district lines in common, including property separated by an alley.

Access shall mean a way or means of approach or entrance, a means of ingress or egress.

Accessory building (see Building, accessory)

Accessory structure shall mean a detached subordinate structure located on the same lot with the principal structure, the use of which is incidental and accessory to that of the principal structure.

Accessory use shall mean a subordinate use which serves an incidental function to that of the main use of the premises.

Active recreation shall mean a recreational activity requiring physical exertion such as swimming, tennis, soccer, baseball, softball, running and playgrounds.

Addition shall mean any construction which increases the size of a building or structure.

Adjacent shall mean near to or in the vicinity with or without touching or bordering upon.

Adult entertainment businesses shall mean any business activity which offers the opportunity to view specified sexual activities or view and touch specified anatomical areas in a manner that lacks serious literary, artistic, political, or scientific value.  This category includes the sale or viewing of visual or print materials that meet this criteria if the sale of such material constitutes more than 20% of the sales or retail floor area of the establishment.  For the purposes of this definition, specified anatomical areas include the following if less than opaquely covered: human genitals, the pubic region, pubic hair, or the female breast below a point immediately above the top of the areola.  Specified sexual activities include any of the following conditions:

(1)       Human genitals in a state of sexual stimulation or arousal.

(2)       Acts or representations of acts of human masturbation, sexual intercourse with humans or animals, oral sex, or flagellation.

(3)       Fondling or erotic touching of human genitals, pubic region, buttock, or female breast.

(4)       Excretory functions as part of or in connection with any activities set forth in (1) through (3) above.

Typical uses include retail services or stores which are distinguished by an emphasis on activities or materials that emphasize primarily sexual content in their inventory and marketing practices; businesses which offer live performances characterized by exposure of specified anatomical areas; and adult theaters.  Businesses may be classified as adult entertainment businesses without regard to service of alcoholic beverages.

Agricultural and farm buildings and structures shall mean any building or structure which is necessary or incidental to the normal conduct of a farm including but not limited to residence of the operator, residence of hired men, barns, buildings and sheds for housing livestock, poultry and farm machinery, buildings for the storage or shelter of grain, hay and other crops, silos, windmills and water storage tanks.

Agriculture shall mean the use of a tract of land for the growing of crops, pasturage, nursery, or the raising of poultry, including the structures necessary for carrying out farming operations, the residence or residences of those owning or operating the premises, a member of the family thereof, or persons employed thereon, and the family thereof, but such use shall not include feedlots.  The raising of livestock and poultry shall be an agricultural use if the area in which the livestock or poultry is kept is ten (10) acres or more in area.

Agronomic Rates shall mean the application of plant nutrients, from all sources, to meet, but not exceed, the estimated annual nutrient needs of the crop being produced, based upon past or projected yields, so as to avoid build-up of nutrients including, but not limited to, nitrate, chloride, ammonia and phosphorus.  Determination of the agronomic rate shall include the available nutrients in the soil, the nitrogen content of any irrigation water, and the nutrient content of any animal wastes, sludges and commercial fertilizer to be applied.

Airport shall mean an area designed and set aside for the landing and takeoff of aircraft, including all necessary facilities for housing and maintenance of aircraft.  (also see Heliport)

Alley shall mean a dedicated public right-of-way, the right-of-way of which is twenty (20) feet or less in width, other than street, which provides only a secondary means of access from the abutting property, to the street.

Alteration shall mean any change, addition or modification in construction or occupancy of an existing structure.

Alteration, structural (see Structural alteration)

Amusement arcade shall mean a building or a part of a building where five or more pinball machines, video games, or other similar player-orientated amusement devices are available and are maintained for use.

Animal hospital (see Hospital, animal)

Animals, domestic (see Household pet)

Animals, farm shall mean livestock associated with agricultural uses, commonly kept or raised as a part of a farming operation including but not limited to horses, cattle, sheep, swine, goats, chickens and turkeys.

Antenna shall mean any attached or external system of wires, poles, rods, reflecting disks or similar devices used for the transmission or reception of electromagnetic waves. (also see Satellite dish antenna and Tower)

Apartment shall mean a room or a suite of rooms within an apartment house or multiple-family dwelling arranged, intended or designed for a place of residence of a single-family or group of individuals living together as a single housekeeping unit.  (also see Dwelling unit)

Apartment hotel shall mean a multiple-family dwelling under resident supervision which maintains an inner lobby through which all tenants must pass to gain access to the apartments and which may furnish services ordinarily furnished by hotels, such as drug store, barber shop, beauty parlor, shoeshine shop, cosmetologists shop, cigar stand or newsstand, when such uses are located entirely within the building with no entrance from the street nor visible from any public sidewalk, and having no sign or display visible from the outside of the building indicating the existence of such use.

Apartment house (see Residential uses)

Approved lot (see Lot, approved)

Aquifer shall mean a geological unit in which porous and permeable conditions exist and thus are capable of bearing and producing usable amounts of water.

Aquifer recharge area shall mean an area that has soils and geological features that are conducive to allowing significant amounts of surface water to percolate into groundwater.

Architectural canopy sign (see Sign, architectural canopy)

Arterial street (see Street, arterial)

Attached permanently shall mean attached to real estate in such a way as to require dismantling, cutting away, unbolting from permanent foundation or structural change in such structure in order to relocate it to another site.

Automobile service station (see Service station)

Automobile wrecking yard shall mean the dismantling or wrecking of used motor vehicles or trailers, or the storage, sale, or dumping of dismantled or wrecked vehicles or their parts.  The presence on any lot or parcel of land of two or more vehicles, which, for a period exceeding 30 days, have not been capable of operating under their own power and from which parts have been or are to be removed for reuse or sale, shall constitute prima facie evidence of an automobile wrecking yard.  (also see Junkyard)

Bar shall mean any establishment whose principal business is serving alcoholic beverages at retail for consumption on the premises.  (also see Nightclub)

Basement shall mean that portion of a building which is partly or completely below grade.

Bed and breakfast inn shall mean a house, or portion thereof, where short-term lodging rooms and meals are provided.  The operator of the inn shall live on the premises or in adjacent premises.

Bedroom shall mean a room within a dwelling unit planned and intended for sleeping, separable from other rooms by a door.

Best interest of community shall mean interests of the community at large and not interest of the immediate neighborhood.

Billboard (see Sign, billboard)

Block shall mean a tract of land within a subdivision bounded by streets, streams, railroads, the exterior boundaries of the subdivision, or any combination thereof.

Block frontage shall mean that section of a block fronting on a street between two intersecting streets or other block boundary.

Board of adjustment shall mean that board which has been created by the city and which has the statutory authority to hear and determine appeals, interpretations of and variances to the zoning regulations.

Boarding/Rooming House shall mean the use of a site for the residence of more than three unrelated persons, not otherwise defined as a family in which occupants are accommodated in rooms not defined as dwelling units.

Borrow pit shall mean any place or premises where dirt, soil, sand, gravel or other material is removed below the grade of surrounding land for any purpose other than that necessary and incidental to site grading or building construction.

Broadcasting tower shall mean a structure for the transmission or broadcast of radio, television, radar, or microwaves which exceeds the maximum height permitted in the district in which it is located; provided, however, that noncommercial radio towers not exceeding fifty (50) feet in height shall not be considered broadcast towers.

Buffer shall mean a strip of land established to protect one type of land use from another incompatible land use or between a land use and a private or public road.  (also see Screening)

Building shall mean any structure having a roof and walls, and used, or intended for the enclosure, shelter, or protection of persons, animals, chattels, or property.  (also see Structure)

Building, accessory shall mean any detached subordinate building which serves a function customarily incidental to that of the main building or main use of the premises.  Customary accessory building includes garages, carports, and small storage sheds.

Building coverage (see Lot coverage)

Building, height shall mean the vertical distance above grade to the highest point of the coping of a flat roof or to the deck line of a mansard roof, or to the average height of the highest gable of a pitched, hipped, or shed roof, measured from the highest adjoining sidewalk or ground surface within a five (5) foot horizontal distance at the exterior wall of the building.  (also see Height)

Building line shall mean a line parallel to the lot line, beyond which a building or land use cannot extend according to the terms of the applicable district regulations.  (also see Setback and Yard)

Building moratorium shall mean a period of time established by the city council when no construction, additions, improvements or subdivision shall occur within a given area.

Building, principal shall mean a building within which the main or primary use of the lot or premises is located.  (also see Principal use)

Building sign (see Sign, building)

Bulk Storage shall mean the storage of materials for distribution to other locations and not for use or consumption of such materials on the premises.

Business use shall mean all uses of land, buildings or structures other than agricultural, residential, public, semi-public or industrial uses.

Camper Campground (see Recreational vehicle) shall mean a parcel of land intended for the temporary occupancy of tents, campers and major recreational vehicles and which primary purpose is recreational, having open areas that are natural in character.

Car wash shall mean a building or structure or an area of land with machine or hand operated facilities for the cleaning, washing, polishing, or waxing of motor vehicles.

Carry out restaurant (see Restaurant, fast food and Restaurant, drive-in)

Cemetery shall mean a tract of land used or intended to be used for the burial of the dead, including columbariums, and mausoleums when in conjunction with and located within the boundaries of the cemetery.

Charitable shall mean a public or semi-public institutional use of a philanthropic, charitable, benevolent, religious or eleemosynary character, but not including sheltering or caring of animals.

Church shall mean a place where religious worship is  conducted including accessory uses as schools, day care centers, bingo parlors and halls.

City shall mean City of Norfolk, Nebraska.

City council shall mean the City Council of the City of Norfolk, Nebraska.

Clear view zone shall mean the area of a corner lot closest to the intersection which is kept free of visual impairment to allow full view of both pedestrian and vehicular traffic.  (also see Sight triangle)

Clinic shall mean a building designed and used for the examination, diagnosis and treatment of human patients and not including overnight care facilities.

Closed sign (see Sign, closed)

Club shall mean a nonprofit organization with limited membership which is controlled by the membership into which admission can only be obtained by invitation, and in which the property is owned in common or held for the benefit of the members.

Cluster development shall mean a development designed to concentrate buildings in specific areas on a site to allow the remaining land to be used for recreation, common open space, and the preservation of environmentally sensitive areas.

Cocktail lounge (see Bar)

Collector street (see Street, collector)

Commercial use shall mean an occupation, employment, or enterprise that is carried on for profit by the owner, owners, lessee or licensee.

Commission shall mean the Norfolk Planning Commission.

Common area shall mean that area within a development not occupied by buildings, owned in common by property owners within the development, designed and intended to provide access, parking, required yards, walkways, and services to the residents of the development.  Common area does not apply as open space nor common open space.  (also see Open space, common)

Common open space (see Open space, common)

Community center shall mean a place, structure or other facility used for and providing either religious, fraternal, social, and/or recreational programs generally open to the public and designed to accommodate and serve various segments of the community.

Community sanitary sewer system shall mean an approved central sewer collecting system, meeting state and city requirements, available to each platted lot and discharging into a treatment facility.  This does not include individual septic systems.

Community water supply system shall mean a public water supply system which serves at least fifteen service connections used by year round residents or regularly serves 25 or more year round residents.

Compatible uses shall mean a land use which is congruous with, tolerant of, and has no adverse effects on existing neighboring uses.  Incompatibility may be affected by pedestrian or vehicular traffic generation, volume of goods handled and environmental elements such as noise, dust, odor, air pollution, glare, lighting, debris generated, vibration, electrical interference and radiation.

Comprehensive plan shall mean the Comprehensive Plan of Norfolk, Nebraska as adopted by the Norfolk City Council, setting forth policies for the present and foreseeable future community welfare as a whole and meeting the purposes and requirements set forth in Section 19-903, R.R.S. 1943, as the same may, from time to time, be amended.

Concept plan (see Site plan)

Conditional use shall mean a use where allowed by the district regulations, that would not be appropriate generally throughout the zoning district without restrictions, but which, if controlled as to number, size, area, location, relation to the neighborhood or other minimal protective characteristics would not be detrimental to the public health, safety and general welfare.

Conditional use permit shall mean a permit issued by the planning commission that authorizes the recipient to make conditional use of property in accordance with the requirements of this chapter as well as additional requirements imposed by the commission.

Condominium shall mean an estate in real property consisting of an undivided interest in common with other purchasers in a portion of a parcel of real property, together with a separate interest in space in a residential building, such as an apartment.  A condominium may include, in addition, a separate interest in other portions of such real property.

Confinement feeding of livestock and poultry (see Feedlot)

Conflicting land use shall mean the use of property which transfers over neighboring property lines negative economic, or environmental effects, including, but not limited to traffic, noise, vibration, odor, dust, glare, smoke, pollution, water vapor, mismatched land uses and/or density, height, mass, mismatched layout of adjacent uses, loss of privacy, and unsightly views.

 Congregate housing shall mean a residential facility for four or more persons fifty-five (55) years or over, their spouses, or surviving spouses, providing living and sleeping facilities including meal preparation, dining areas, laundry services, room cleaning and common recreational, social, and service facilities for the exclusive use of all residents including resident staff personnel who occupy a room or unit in the residential facility.  (also see Housing for the elderly)

Conservation areas shall mean environmentally sensitive and valuable lands protected from any activity that would significantly alter their ecological integrity, balance or character, except in overriding public interest, including but not limited to wetlands, floodways, flood plains, drainage ways, river or stream banks and areas of significant biological productivity or uniqueness.

Conservation easement shall mean an easement granting a right or interest in real property that is appropriate to retaining land or water areas predominantly in their natural, scenic, open, or wooded condition and retaining such areas as suitable habitat for fish, plants or wildlife or maintaining existing land uses.

Convenience food sales (see food sales)

Copy areas (see Sign, copy area)

Corner lot (see Lot, corner)

Country club shall mean buildings and facilities owned and operated by a corporation or association of persons for social and recreational purposes, but not operated for a profit.  The affairs and management of such club are conducted by a board of directors, executive committee, or similar body chosen by the members.  It is designed to serve food and alcoholic beverages on such premises to members and their guests, provided that the serving of food and alcoholic beverages is secondary to some other principal purpose of the association or corporation.  Customary country clubs include, but are not limited to swimming, tennis and golf course country clubs.

Court shall mean an open, unoccupied space, other than a yard, bounded on three (3) or more sides by exterior walls of a building, or by exterior walls of a building and lot lines on which walls are allowable.

Cul-de-sac shall mean a local street which is a single continuous stretch of road one end of which is closed and terminated by a circular turn around.

Curb level shall mean the mean level of the curb in front of the lot, or in case of a corner lot, along that abutting street where the mean curb level is the highest.

Curvilinear street (see Street, curvilinear)

Dead end street (see Cul-de-sac)

Density shall mean the number of dwelling units per gross acre of land.

Destination sign (see Sign, destination)

Developer shall mean any person, corporation, partnership or entity that is responsible for any undertaking that requires a building or zoning permit, conditional use permit or sign permit.

Development shall mean any manmade change to improved or unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations for which necessary permits may be required.

Development area shall mean an area of land either subdivided or not with three or more homes per nine (9) acres.

Development concept plan (see Site plan)

Development review shall mean the review, by the city of subdivision plats, site plans, rezoning requests or permit review.

District (see Zoning district)

Dog kennel (see Kennel, commercial and Kennel, private)

Domestic animals (see Household pet)

Dormitory shall mean a building used as group living quarters for a student body, religious order, or other group as accessory use to a college, university, boarding school, orphanage, convent, monastery, farm labor camp, or other similar use where group kitchen facilities may be provided to serve all residents.

Double frontage lot (see Lot, double frontage)

Downzoning shall mean a change in zoning classification of land to a less intensive or more restrictive district such as from commercial district to residential district or from a multiple-family residential district to single-family residential district.

Drive-in facility shall mean an establishment where customers can be served without leaving the confinement of their vehicle.

Drive-in restaurant (see Restaurant, drive-in and Restaurant, fast food)

Duplex residential (see Residential uses)

Dwelling shall mean a building or a portion thereof that provides living facilities for one or more families, but not including hotels, motels, boarding or lodging houses and shall include manufactured dwellings. (see also Residential Uses)

Dwelling (or housing) unit shall mean a single unit consisting of one or a group of rooms providing complete, independent living facilities for one family, including permanent provisions for living, sleeping, eating, cooking and sanitation.

Dwelling, secondary shall mean a living facility located within a detached accessory building which living facility is equipped for cooking and sleeping and which is located on the same lot, parcel, or tract as the main dwelling unit.  The secondary living unit may be used by a member of the family or guest of the main dwelling unit.

Dwelling (or housing) unit, efficiency shall mean a dwelling unit consisting of one principal room with no separate sleeping room.

Easement shall mean the right of a person, government agency, or public utility company to use public or private land owned by another for a specific purpose.

Educational institution shall mean a public or nonprofit institution or facility which conducts regular academic instruction at preschool, kindergarten, elementary, secondary and collegiate levels, including graduate schools, universities, junior colleges, trade schools, nonprofit research institutions and religious institutions.  Such institutions must either (1) offer general academic instruction equivalent to the standards established by the State Board of Education, or (2) confer degrees as a college or university of undergraduate or graduate standing, or (3) conduct research, or (4) give religious instruction.  Private schools, academies or institutes, incorporated or otherwise, which operate for a profit, commercial or private trade schools are not included in this definition.

Effective date shall mean the date that this chapter shall have been adopted, amended or the date land areas became subject to the regulations contained in this chapter as a result of such adoption or amendment or the extension of the city's extraterritorial zoning jurisdiction.

Eleemosynary institution shall mean an institution supported by charity and designed to assist persons such as those recovering from mental or emotional illness.

Emergency shelter mission shall mean a facility which provides temporary housing for one or more individuals who are indigent, needy, homeless or transient.

Encroachment shall mean an intrusion or infringement beyond the lines or limits established by the applicable district regulations, and/or to infringe or trespass into or upon the possession or rights of others without permission.

Enlargement shall mean the expansion of a building, structure or use in volume, size, area, height, length, width, depth, capacity, ground coverage, or in number.

Erected shall mean constructed upon or moved onto a site.

Expressway shall mean a street or road which provides fast and efficient movement of large volumes of vehicular traffic between areas and does not provide direct access to property.

Extraterritorial jurisdiction shall mean the area beyond the corporate limits, in which the city has been granted the powers by the state to exercise zoning regulations and is exercising such powers.

Facade shall mean the exterior wall of a building exposed to public view from the building's exterior.

Factory shall mean a structure or plant within which something is made or manufactured from raw or partly wrought materials into forms suitable for use.

Family shall mean an individual or married couple and the children thereof with not more than two other persons related directly to the individual or married couple by blood or marriage; or a group of not more than five unrelated persons, living together as a single housekeeping unit in a dwelling unit.  The following persons shall be considered related as “children” or “related” for the purpose of this Chapter:

(a)       Persons related by blood, marriage, or adoption.

(b)       Persons residing with a family for the purpose of adoption.

(c)       Not more than eight persons residing with a family for the purpose of receiving foster care from such family, licensed and approved by the State of Nebraska.

A family shall under no circumstances be construed as the occupants of a boarding or rooming house, fraternity or sorority house, club, lodging house, hotel, motel, or commune.

Family day care shall mean the provision of services in lieu of parental supervision for children under thirteen (13) years of age for compensation, either directly or indirectly, on the average of less than twelve (12) hours per day, but more than two (2) hours per week, and shall include any employer-sponsored day care, family day care homes, day care centers, before-and-after-school day care programs, before-and-after-school services pursuant to Section 79-444, R.R.S. 1943, as the same may, from time to time, be amended, or preschools or nursery schools; but shall not include casual care at irregular intervals, a recreation camp, classes or services provided by a religious organization other than day care or preschool or nursery schools, a preschool program conducted in a school approved pursuant to Section 79-328, R.R.S. 1943, as the same may, from time to time, be amended, or child care as defined in Section 79-1901, R.R.S. 1943, as the same may, from time to time, be amended.

Farming shall mean the planting, cultivating, harvesting and storage of grains, hay or plants commonly grown in Nebraska.

Feedlot shall mean any tract of land or structure, pen, or corral, wherein cattle, horses, sheep, goats or swine are maintained in close quarters for the purpose of fattening such livestock for final shipment to market.

Flea market shall mean a building or open area in which stalls or sale areas are set aside, and rented or otherwise provided, and which are intended for use by various unrelated individuals to sell articles that are either new, old, homemade, homegrown, handcrafted, obsolete, or antique and may include the selling of goods at retail by businesses or individuals who are generally engaged in retail trade.  This definition does not include informal or private garage or yard sales.

Flood plain (see Sec. 27-241 et seq. of this Code for all definitions relating to flood plain regulations and management)

Floor area, gross shall mean the sum of the areas of the several floors of a building, including areas used for human occupancy in basements, attics, and penthouses, as measured from the exterior faces of the walls.  It does not include cellars, unenclosed porches, or attics not used for human occupancy, or any floor space in accessory buildings or in the main building intended and designed for the parking of motor vehicles in order to meet the parking requirements of this bylaw, or any such floor space intended and designed for accessory heating and ventilating equipment.  It shall include the horizontal area at each floor level devoted to stairwells and elevator shafts.

Floor area ratio shall mean the maximum percentage of allowable floor area of a building or a group of buildings on the same lot, computed by dividing the floor areas by the area of the lot.

Food sales shall mean the establishments or places of business primarily engaged in the retail sale of food or household products for home consumption or use.  Food sales establishments may include the sale of non-food items.  However, the sales of non-food items may account for no more than the lesser of 25% of the sales area or 10,000 square feet of the food sales establishment. Typical uses include groceries, delicatessens, meat markets, retail bakeries, and candy shops.

1.        Convenience food sales:  Establishments occupying buildings of less than 5,000 square feet; and characterized by sales of specialty foods or a limited variety of general items, and by the sales of fuel for motor vehicles.

2.        Limited food sales:  Establishments occupying buildings of less than 10,000 square feet; and characterized by sales of specialty foods or a limited variety of general items, but excluding the accessory sale of fuel for motor vehicles.  Typical uses include delicatessens, meat markets, retail bakeries, candy shops, small grocery stores.

3.        General food sales:  Establishments selling a wide variety of food commodities and related items, using facilities larger than 10,000 but less than 40,000 square feet.  Typical uses include grocery stores and locker plants.

4.        Supermarkets:  Establishments selling a wide variety of food commodities, related items, and often providing a variety of non-food goods and services, using facilities larger than 40,000 square feet.  Typical uses include large grocery stores.

Freestanding sign (see Sign, freestanding)

Front lot line (see Lot line, front)

Front yard (see Yard, front)

Frontage (see Lot frontage)

Funeral home shall mean a building or part thereof used for human funeral services.  Such building may contain space and facilities for (1) a funeral chapel; (2) embalming and the performance of other services used in preparation of the dead for burial; (3) the performance of autopsies and other surgical procedures; (4) the storage of caskets, funeral urns, and other related funeral supplies; (5) the storage of funeral vehicles; and (6) facilities for cremation.

Garage, private shall mean an accessory building designed or used for the storage of not more than four (4) motor vehicles without provisions for repairing or servicing such vehicles for profit.

Garage, public shall mean a building designed and used for the storage of over four (4) motor vehicles and operated as a business enterprise with a service charge or fee being paid to the owner or operator for the parking or storage of privately owned vehicles, campers or motor powered boats.

Garage, repair shall mean a building designed and used for the storage, care, repair, or refinishing of motor vehicles including both minor and major mechanical overhauling, paint, and body work.  (also see Service station)

Garbage shall mean any waste food material of an animal or vegetable nature, including that which may be used for the fattening of livestock.

Gasoline and diesel service stations (see Service station)

General food sales (see Food sales)

Generator, traffic shall mean a use of land which generates large concentrations of population during designated periods of time.

Glare shall mean a sensation of brightness within the visual field that causes annoyance, discomfort, or loss in visual performance and/or visibility.

Grade shall mean the average of the finished ground level at the center of all walls of a building.  In case walls are parallel to and within five feet of a sidewalk, the ground level shall be measured at the sidewalk.

Greenhouse shall mean a building or premises used for growing plants, preparation of floral arrangements for off-site delivery to customers, cold storage of flowers or dry storage of materials used for agricultural or horticultural purposes.

Gross leasable area shall mean the total floor area designed for tenant occupancy and exclusive use, including basements, mezzanines, and upper floors, measured from the center line of joint partitions and from outside wall faces.

Ground cover shall mean plant material used in landscaping which remains less than twelve (12) inches in height at maturity.  (also see Landscaping)

Ground coverage (see Lot coverage)

Ground water shall mean water occurring beneath the surface of the ground that fills available openings in the rock or soil materials such that they may be considered saturated.

Group care facility shall mean a facility licensed or approved by the State of Nebraska or other appropriate agency, which provides for the care and short or long-term, continuous multi-day occupancy of more than five unrelated persons who require and receive therapy or counseling on-site as part of an organized and therapeutic ongoing program for any of the purposes listed below.  Such facilities shall exclude those uses that fall under the category of group home.  Group care facilities include facilities that provide for:

1.        Adaptation to living with, or rehabilitation from, the handicaps of emotional or mental disorder or dysfunction; or of mental retardation if such facility has an overnight occupancy of more than eight persons.

2.        Rehabilitation from the effects of alcoholism or other substance abuse.

3.        Supervision while under a program alternative to imprisonment, including but not limited to pre-release, work-release, and probationary programs.

4.        Any residential setting for eligible purposes under the group home use type but including more than eight unrelated residents, unless such facilities have independent living units which permit classification as a multi-family residential use.

Group home shall mean a facility licensed or approved by the State of Nebraska in which no more than eight persons, not including resident managers or house parents, who are unrelated by blood, marriage, or adoption reside while receiving therapy, training, or counseling for the purpose of living with or rehabilitation from a physical, mental, or developmental impairment that substantially limits one or more of such person's major life activities so that such person is incapable of living independently.  Persons who have a clinical history of or are regarded as having such an impairment are included as residents under this definition.  Examples of group homes include residential or residential therapeutic settings for persons with cerebral palsy or related disabilities, autism, mental retardation or other developmental disabilities; or Alzheimer’s or vascular dementia, or similar conditions. The term "group home" shall not include residential settings for the treatment of alcoholism or other substance abuse, work release facilities for convicts or ex-convicts, or other housing serving as an alternative to incarceration.

Group housing shall mean two or more separate buildings on a lot, each containing one or more dwelling units.

Group residential shall mean the use of a site for the residence of more than three unrelated persons, not otherwise defined as a family, in which occupants are accommodated in rooms not defined as dwelling units.  Group residential uses are limited to facilities that are officially recognized or operated by a college or university, government agency, or nonprofit organization.  Typical uses include fraternity or sorority houses and dormitories not incorporated into a college and university use type.

Handicap shall mean, with respect to a person:  (1) a physical or mental impairment which substantially limits one or more of such person's major life activities; (2) a record of having such an impairment; or (3) being regarded as having such an impairment.  Handicap shall not include current, illegal use of or addiction to a controlled substance as defined by Section 28-401, R.R.S. 1943, as the same may, from time to time, be amended.

Hazardous substances shall mean any substances or materials that, by reason of their toxic, caustic, corrosive, abrasive, or otherwise injurious properties, may be detrimental or deleterious to the health of any person handling or otherwise coming into contact with such material or substance.

Health care facilities shall mean a facility licensed or approved by the state or an appropriate agency, if required, used in any of the following: (1) hospitals including offices of medical societies, offices of charitable public health associations and private office space for the practice of medicine and dentistry under a license from the Department of Health of the State of Nebraska; provided, that any such private offices for the practice of medicine and dentistry shall be occupied only by those on the staff of the hospital; (2) convalescent or nursing home; (3) a facility for outpatient physical, occupational, or vocational therapy or rehabilitation; (4) public health clinics and facilities; and (5) ambulatory surgical care center which does not allow for overnight stay by patients.  Except as herein provided, health care facilities do not include doctors' or dentists' professional offices and private clinics.

Health club shall mean privately owned for profit facilities such as gymnasiums, athletic clubs, health clubs, recreational clubs, reducing salons, and weight control establishments.

Health/recreation facility shall mean an indoor or outdoor facility including uses such as game courts, exercise equipment, locker rooms, whirlpool spa and/or sauna and pro shop.

Height shall mean the vertical distance above grade from the base of a structure or building to its highest point.

Heliport shall mean a designated landing area used for the landing and taking off of helicopters and may include all necessary passenger and cargo facilities, fueling, and emergency service facilities.

Helistop shall mean any landing area used for the landing and taking off of helicopters for the purpose of picking up or discharging of passengers or cargo.  No fueling, refueling, or service facilities.

Highest use (see Use, highest)

Historic district shall mean an area containing buildings or places in which historic events occurred or having special public value because of notable architectural or other features relating to the cultural or artistic heritage of the community, of such significance as to warrant conservation and preservation.

Holding zone shall mean a zoning district, usually a very low density district, placed on property for the purpose of temporarily holding back the development of land for a more intensive desired use as indicated by the comprehensive plan until such time as community facilities are economically available and thereby avoiding the "leap frogging" of land uses.

Home occupation shall mean an occupation, profession, activity, or use that is clearly an incidental and secondary use of a residential dwelling unit, carried on by a member or members of the family who occupy the dwelling for living purposes, which does not alter the exterior of the property or affect the residential character of the neighborhood.

Homeowners association shall mean a private, nonprofit corporation or association of homeowners of properties in a fixed area, established for the purpose of owning, operating, and maintaining various common properties and facilities.

Hospital shall mean an institution providing health and emergency services of medical or surgical nature to human patients and injured persons and are licensed by the state to provide facilities and services in surgery, obstetrics, and general medical practice.

Hospital, animal shall mean a place where animals or pets are given medical or surgical treatment and are cared for during the time of treatment.  Use as a kennel shall be limited to short-time boarding and shall be only incidental to such hospital use.

Hotel shall mean a building or portion thereof, or a group of buildings, offering transient lodging accommodations on a daily rate to the general public and providing additional services, such as restaurants, meeting rooms, and recreational facilities.  The word "hotel" includes motel, inn, automobile court, motor inn, motor lodge, motor court, tourist court, motor hotel, or other similar designations.

Household pet shall mean an animal that is customarily kept for personal use or enjoyment within the home.  Household pet shall include but not be limited to domestic dogs, domestic cats, domestic tropical birds, fish, and rodents.

Housing for the physically handicapped shall mean a building containing a dwelling or a group of dwellings in which each occupied dwelling unit is occupied by at least one physically handicapped person with a mobility impairment which requires certain construction design features for ingress, egress, and freedom of movement within the premises.

Impervious surface shall mean a surface that has been compacted or covered with a layer of material making the surface highly resistant to infiltration by water, such as compacted sand, rock, gravel, or clay and conventionally surfaced streets, roofs, sidewalks, parking lots, and driveways.

Incidental use shall mean a use which is subordinate to the main use of a premise.

Individual septic system shall mean a wastewater treatment system for a dwelling that has a septic tank and absorption system.

Industrial park shall mean a planned coordinated development of a tract of land with two or more separate industrial buildings.  The development is planned, designed, constructed, and managed on an integrated and coordinated basis with an enforceable master plan and/or covenants, conditions, and restrictions with special attention to on-site vehicular circulation, parking, utility needs, building design and orientation and open space.

Industrial uses shall mean uses involved in the manufacture or processing of products.  Industrial uses may be classified as light, general, or heavy, depending on their degree of environmental control and utilization of outside storage.  The same use, developed in different ways, may be classified in any of these categories.

1.        Light industrial uses:  Establishments engaged in the manufacture or processing of finished products from previously prepared materials, including processing, fabrication, assembly, treatment, and packaging of such products, and incidental storage, sales, and distribution.  Establishments classified as light industrial uses have no measurable or objectively offensive external environmental effects across property lines and include no unscreened or unenclosed outdoor storage.  Typical uses include commercial bakeries, dressed beef processing plants, soft drink bottling, apparel assembly from fabrics, electronics, manufacturing, print shops and publishing houses, provided that these uses are operated in such a way as to prevent external effects.  These uses are generally located in districts I-1 or I-3 (with no retail sales).

2.        General industrial uses:  Enterprises engaged in the processing, manufacturing, compounding, assembly, packaging, treatment or fabrication of materials and products from prepared materials or from raw materials without noticeable noise, odor, vibration, or air pollution effects across property lines.  General industrial uses may include outdoor storage.  These uses are generally located in districts I-1 or I-2.

3.        Heavy industrial uses:  Enterprises involved in the basic processing and manufacturing of products, predominately from raw materials, with noticeable noise, odor, vibration, or air pollution effects across property lines; or a use or process engaged in the storage of or processes involving potentially or actually hazardous, explosive, flammable, radioactive, or other commonly recognized hazardous materials.  These uses are generally located in districts I-2.

Infill land shall mean vacant tracts of land surrounded by developed properties containing improvements.

Inoperable motor vehicle shall mean any motor vehicle which (1) does not have a current state license plate or (2) which may or may not have a current state license plate, but is disassembled or wrecked in part or in whole, or is unable to move under its own power, or is not equipped as required by Nebraska State Law for operation upon streets or highways.  A vehicle which is wholly or partially dismantled shall not be considered inoperable when said vehicle is inside a completely enclosed building. 

Intensity shall mean the degree to which land is used referring to the levels of concentration or activity in uses ranging from uses of low intensity being agricultural and residential to uses of highest intensity being heavy industrial uses.  High intensity uses are normally uses that generate concentrations of vehicular traffic and daytime population and are less compatible with lower intensive uses.

Interim zoning or development controls shall mean a process to freeze or severely restrict development for a short period, during which a comprehensive plan for an area or a new set of zoning regulations is prepared.

Interior lot (see Lot, interior)

Junk shall mean dilapidated or worn out scrap or abandoned metal, paper, building material and equipment, bottles, glass, plastics, appliances, furniture, rags, rubber, motor vehicles or parts thereof, or other waste that has been abandoned from its original use.

Junkyard shall mean any area or parcel of land where accumulation of discarded junk, salvaged or salvageable materials are stored, baled, packed, disassembled or handled in any manner.  The materials may include, but not be limited to inoperable motor vehicles or vehicle parts, inoperable machinery or equipment or parts, used lumber, or scrap or salvaged metal.  An area or parcel of land shall not be considered a junkyard if the material stored thereon is a permitted accessory use to the main permitted use of the premises.  The terms junkyard and salvage yard shall be synonymous.  (also see Automobile wrecking yard)

Kennel, commercial shall mean an establishment where four (4) or more dogs or cats or any combination thereof, or other household pets are groomed, bred, boarded, trained or sold as a business.

Kennel, private shall mean any premises used for the keeping of (4) or less dogs or cats or a combination thereof by the owner/occupant or occupant of the premises for the purpose of show, hunting, or as pets.  The dogs and cats shall belong to the owner/occupant or occupant and their keeping shall be accessory to the main use of the premises.

Kiosk shall mean a freestanding structure used for the purposes of posting information, notices, announcements and posters of a temporary nature.

Lagoon (see Wastewater lagoon)

Landfill shall mean a disposal site employing a method of disposing solid wastes in a manner that minimizes environmental hazards in accordance with state and federal requirements.

Landscaping shall mean the changing, rearranging, or adding to a piece of land to produce an aesthetic effect appropriate for the use to which the land is put.  This may include the reshaping of the land, adding vegetation, sculptures, decorative lighting, structures, decorative surfacing or other enhancement for aesthetical, ecological and environmental reasons.  (also see Ground cover)

Laundry, self-service shall mean an establishment that provides home-type washing, drying, and/or ironing facilities for customers on the premises.

Leapfrog development shall mean the development of cheaper land on the urban fringe by jumping over more expensive land located immediately adjacent to existing development resulting in inadequate or lack of support services such as access to a street system designed to carry high volume traffic, utilities, and other public services such as police, fire, schools and parks, thus adding to the tax burden of the general public and being an uneconomical growth pattern to the community.

Life care facility shall mean a facility for the transitional residency of the elderly and/or disabled persons, progressing from independent living to congregate apartment living where residents share common meals and culminating in full health and continuing care nursing home facility. 

Limited food sales (see Food sales)

Limited retail services (see Retail services)

Livestock (see Animals, farm)

Living floor area shall mean the square foot area of a dwelling unit, excluding the garage, attics and areas within a full basement that do not have ground level access to the outside, as measured between the face of the interior walls.

Loading space, off-street shall mean the space logically and conveniently located for bulk pickups and deliveries, scaled to delivery vehicles expected to be used, and accessible to such vehicles when required off-street parking spaces are filled.  Required off-street loading space is not to be included as off-street parking space in computation of required off-street parking space.

Local street (see Street, local)

Lodging house (see Boarding/Rooming house)

Lot shall mean a parcel of land occupied by or suitable for occupation by one main building, or a unit group of buildings where specifically authorized within a zoning district, and the accessory buildings or uses customarily incident thereto, including such open spaces as are required under this chapter, and having its principal frontage upon and access to a public street or approved place.  A lot as used herein may consist of one or more platted lots, or tracts, as conveyed, or parts thereof when authorized by this chapter.

Lot, approved shall mean a lot in separate ownership as of January 1, 1983, whose boundary lines, along their entire length touched lands under other ownership as shown by plat or deed recorded in the office of the Madison County Register of Deeds, on or before January 1, 1983.  (also see Lot of record)

Lot area shall mean the total horizontal area within the lot lines of a lot.

Lot, corner shall mean a lot abutting upon two (2) or more streets at their intersection. 

Lot coverage shall mean the lot area covered by buildings or roofed areas, excluding allowed projecting eaves, balconies, and similar features.

Lot depth shall mean the mean horizontal distance between the front and rear lot lines.

Lot, double frontage shall mean a lot having a frontage on two nonintersecting streets as distinguished from a corner lot.

Lot, flag shall mean a lot with frontage and access provided to the bulk of the lot by means of a narrow corridor.

Lot frontage shall mean the side of a lot abutting on a legally accessible street right-of-way other than an alley.  For the purposes of this definition, on corner lots, all sides of a lot adjacent to streets shall be considered frontage.

Lot, interior shall mean a lot other than a corner lot bounded only on one side by a street.

Lot line shall mean a line dividing one lot from a street, alley or another lot.  (also see Street line)

Lot line, front shall mean on an interior lot, the lot line abutting a street; on a corner lot, the street line with the least dimension, unless otherwise specified by the zoning official or his or her designee; on a through lot, the street line providing the primary access to the lot; and on a flag lot, the street line providing access to the lot.  (also see Yard, front)

Lot line, rear shall mean a lot line opposite the front lot line.  A lot bounded by only three lot lines will have no rear lot line.

Lot line, side shall mean a lot line not a front or rear line.  A side lot line may be a party lot line, a line bordering on an alley or place or a street line on a corner lot.

Lot line, zero shall mean the location of a detached building on a lot line in such a manner that one or more of the building's sides rests directly on a lot line.

Lot, nonstandard shall mean a lot or parcel of land that has less than the required minimum area or width as established by the zoning district in which it is located as of the effective date of this chapter.

Lot of record shall mean a lot whose existence, location, and dimensions have been legally recorded in a deed or on a plat in the office of the Madison County Register of Deeds prior to the effective date of zoning in the area where the lot is located.  (also see Lot, approved)

Lot, parking (see Parking lot)

Lot, reverse frontage shall mean a through lot without accessibility from one of the nonintersecting streets upon which it abuts.

Lot, subdivision identification shall mean a privately owned and maintained parcel of ground within the right-of-way of a street upon which is located a sign identifying the name of the subdivision.

Lot, through (see Lot, double frontage)

Lot width shall mean the horizontal distance between side lines, measured at the minimum front yard setback line.

Machine shop shall mean a work shop, including tool and die shops, that turns, shapes, planes, mills or otherwise reduces or finishes metal by machine-operated tools.

Maintenance guarantee shall mean any security, other than cash, that may be accepted by the city to insure that required improvements will be maintained.  (also see Performance guarantee)

Major highway entrance shall mean a street or road which provides through traffic movement between and around areas and across the county or city; subject to necessary control of entrances and curb uses.  This includes U.S. Highways 81 and 275, and State Highways 35 and 24.

Manufactured home dwelling shall mean a factory built single-family dwelling, structure which is to be used as a place for human habitation, which is manufactured or constructed under the authority of 42 U.S. Sec. 5403, Federal Manufactured Home Construction and Safety Standards promulgated by the U.S. Department of Housing and Urban Development, and which is not constructed or equipped with a permanently attached to its body or frame any wheels or axles, and which complies with the following architectural and aesthetic standards listed below.  For the purpose of any of these regulations, manufactured home dwellings shall be considered the same as a single-family detached dwelling.  In common with single-family detached dwellings, a manufactured home dwelling unit shall have the following characteristics:

1.        The home shall have at least 650 square feet of floor area;

2.        The home shall have an exterior width of at least 18 feet;

3.        The roof shall be pitched with a maximum vertical rise of 2.5 inches for each 12 inches of horizontal run.

4.        The exterior material is of a color, material, and scale comparable with those existing in the residential site on which the manufactured home dwelling is being permanently installed.

5.        The home shall have a nonreflective roof material which is or simulates asphalt or wood shingles, tile, or rock;

6.        Permanent utility connections shall be installed in accordance with local regulations;

7.        The home shall have all wheels, axles, transporting lights, and towing apparatus removed; and

8.        The home shall be installed upon a permanent foundation that is constructed and built in accordance with local regulations.

Manufactured home subdivision shall mean any area, piece, parcel, tract or plot of ground subdivided and used or intended to be used for the purpose of selling lots for occupancy by manufactured home dwellings.

Manufacturing shall mean uses primarily engaged in the mechanical or chemical transformation of materials or substances into new products.  These uses are usually described as plants, factories or mills and characteristically use power driven machines and materials handling equipment.  Uses engaged in assembling component parts of manufactured products are also considered manufacturing if the new product is neither a structure nor other fixed improvement.  Also included is the blending of materials such as lubricating oils, plastics, resins or liquors.  Manufacturing production is usually carried on for the wholesale market, for interplant transfer, or to order for industrial users, rather than for direct sale to the domestic consumer.

Map, official zoning district shall mean a map delineating the boundaries of zoning districts which, along with the zoning text, is officially adopted by the mayor and city council as the zoning ordinance for the City of Norfolk, Nebraska.

Marquee sign (see Sign, architectural canopy)

Mass retail services (see Retail services)

Massage parlor (see Adult uses)

Median shall mean the center of a road, street or other thoroughfare which separates the direction of traffic movement either by surface marking or separation of the road surface.

Medical or dental clinic shall mean any building or portion thereof, other than a hospital, used or intended to be used as an office for the practice of any type of medicine, including chiropractic, dentistry or optometry.

Medium retail services (see Retail services)

Message sign (see Sign, electronic message board)

Mini-storage or mini warehouse (see Self-service storage facility)

Mission (see Emergency shelter mission)

Mobile home  shall mean a building type designed to be transportable in one or more sections, constructed on a permanent chassis or undercarriage, and designed to be used as a dwelling unit or other use with or without a permanent foundation when connected to the required utilities, but not bearing a seal attesting to the approval and issuance of the Nebraska Department of Health or conformance to the manufactured home procedural and enforcement regulations, as adopted by the U.S. Department of Housing and Urban Development; or not otherwise satisfying the definition of Manufactured home dwellings.

Mobile home park shall mean unified development under single ownership, developed, subdivided, planned, and improved for the placement of mobile home units for non-transient use.  Mobile home parks, include common areas and facilities for management, recreation, laundry, utility services, storage, storm shelter, and other services; but do not include mobile home sales lots on which unoccupied mobile homes are parked for the purposes of display, inspection, sale, or storage.

Mobile home space shall mean a plot of ground within a mobile home park which can accommodate one mobile home dwelling and which provides the necessary utility services.

Mobile home subdivision shall mean a development subdivided, planned, and improved for the placement of mobile home units on lots for uses by the individual owners of such lots.  Mobile home subdivisions may include common areas and facilities for management, recreation, laundry, utility services, storage storm shelter, and other services; but do not include mobile home sales lots on which unoccupied mobile homes are parked for the purpose of display, inspection, sale, or storage.

Motel (see Hotel)

Motor vehicle shall mean every self-propelled land vehicle, not operated upon rails, except mopeds and self-propelled invalid chairs.

Multiple-family residential (see Residential uses)

Nightclub shall mean a commercial establishment dispensing beverages for consumption on the premises and in which dancing is permitted or entertainment is provided.  (also see Bar)

Noncommunity water supply system shall mean any public water supply system that is not a community water supply system.

Nonconforming use shall mean the use of any dwelling, building, lot, land or premises, or part thereof, which was existing and lawful at the time of the effective date of this chapter and which does not conform with the provisions of this chapter and any amendments thereto.

Nonstandard use shall mean the category of nonconformance consisting of lots occupied by buildings or structures or uses which lawfully existed at the time of the effective date of this chapter which fail to comply with the minimum lot requirements for area, density, width, front yard, side yard, rear yard, height, unobstructed open space or parking for the district in which they are located, even though the use of the premises conforms to the permitted uses within the district as set out in the provisions of this chapter.

Nuisance shall mean anything that interferes with the use or enjoyment of property, endangers personal health or safety, or is offensive to the senses such as noise, dust, odor, smoke, gas, pollution, congestion, lighting, and litter.

Nursery shall mean the use of a premises for the propagation, cultivation and growth of trees, shrubs, plants, vines and the like from seed or stock, and the sale thereof, and including the sale of trees, shrubs, plants, vines, and the like purchased elsewhere and transplanted into the soil of the premises.  In connection with the sale of plants, such fungicides, insecticides, chemicals, peat moss, humus, mulches and fertilizers as are intended to be used in preserving the life and health of the plants may be sold.

Nursing home shall mean a facility used or occupied by persons recovering from illness or suffering from infirmities of old age requiring skilled nursing care and related medical services and licensed by the appropriate state or federal agency or agencies.

Obsolete sign (see Sign, obsolete)

Offices shall mean uses providing for administration, professional services, and allied activities.  These uses often invite public clientele but are more limited in external effects than commercial uses.

1.        Corporate offices.  Use of a site for administrative, processing, or research offices, which generally does not provide service to clientele from Norfolk and the surrounding region.  Corporate offices are destinations for commuters drawn from a relatively wide region around Norfolk, as well as from the community itself.  Typical uses include corporate headquarters offices, telemarketing, or information processing offices.

2.        General offices.  Use of a site for business, professional, or administrative offices who may invite clients from both local and regional areas.  Typical uses include real estate, insurance, management, travel, accounting, or other business offices; organization and association offices; or professional offices.

3.        Financial services.  Provision of financial and banking services to consumers or clients.  Walk-in and drive-in services to consumers are provided onsite.  Typical uses include banks, savings and loan associations, savings banks, and loan companies.  An ATM (Automatic Teller Machine) which is not accompanied onsite by an office of its primary financial institution is considered a personal use as defined in this chapter.

4.        Medical offices.  Use of a site for facilities which provide diagnoses and outpatient care on a routine basis, but which does not provide prolonged, in-house medical or surgical care.  Medical offices are operated by doctors, dentists, or similar medical practitioners licensed for practice in the State of Nebraska.

Office park shall mean a tract of land that has been planned, developed, and operated as an integrated facility for a number of office buildings and supporting accessory uses, with special attention given to circulation, parking, utility needs, aesthetics, and compatibility.

Official map (see Map, official zoning district)

Off-street parking area or vehicular use area shall refer to all off-street areas and spaces designed, used, required or intended to be used for parking, including driveways or accessways in and to such areas.

One-family dwelling (see Residential uses)

Open sign (see Sign, open)

Open space shall mean an area that is intended to provide light and air, and is designed for either environmental, scenic, or recreational purposes including but not limited to lawns, decorative or natural plantings, walkways, active and passive recreation areas, playgrounds, fountains, swimming pools, ponds, wooded areas, and water courses.  Rights-of-way, driveways, parking lots, or other surfaces designed or intended for vehicular use shall not be included as open space.

Open space, common shall mean a separate and distinct area set aside as open space within or related to a development, and not on individually owned lots or dedicated for public use, but which is designed and intended for the common use or enjoyment of the residents of the development.  Rights-of-way, private streets, driveways, parking lots or other surfaces designed or intended for vehicular use or required yards shall not be included as common open space.

Outdoor storage (see Storage)

Overlay district shall mean a district in which additional requirements act in conjunction with the underlying zoning district.  The original zoning district designation does not change.

Owner shall mean one or more persons, including corporations, who have title to the property, building or structure in question.

Parcel shall mean a lot or a contiguous group of lots in single ownership or under single control which may be considered as a unit for purposes of development.

Park shall mean any public or private land available for recreational, educational, cultural, or aesthetic use.

Parking lot shall mean an area, unenclosed, where six or more motor vehicles may be stored for the purposes of temporary, daily, or overnight off-street parking.  (also see Garage, public)

Parking, shared shall mean the development and use of parking on two or more separate properties for joint use by the businesses on those properties.

Parking space shall mean an area, enclosed or unenclosed, of not less than eight and one half (8 1/2) feet by nineteen (19) feet, designed and reserved for the parking of one (1) automobile and having access to a street or alley.

Performance guarantee shall mean a financial guarantee to ensure that all improvements, facilities, or work required by this chapter will be completed in compliance with these regulations as well as with approved plans and specifications of a development.  (also see Maintenance guarantee)

Permanent foundation shall mean a base constructed from either poured concrete or laid masonry block or brick and placed on a footing located below ground level upon which a building or structure is permanently attached.

Permanently attached shall mean connected to real estate in such a way as to require dismantling, cutting away or unbolting in order to remove, relocate or replace.

Permitted use shall mean any land use allowed without condition within a zoning district.

Personal services shall mean establishments or places of business primarily engaged in the provision of services of a personal nature.  Typical uses include beauty and barber shops; seamstress, tailor, or shoe repair shops; photography studios; television or electronics repair; or dry cleaning stations serving individuals and households.  Personal services include establishments providing for the administration of massage or massage therapy carried out by persons licensed by the State of Nebraska as a part of the profession or trade for which licensed or persons performing massage services under the direction of a person so licensed; or persons performing massage services or therapy pursuant to the written direction of a licensed physician.

Pet (see Household pet)

Pipestem lot (see Lot, flag)

Place (see Street, private)

Place of worship (see Church)

Planned development shall mean land under unified control, planned and developed with uses allowed within the zoning district and as a whole in a single development operation or in established phases. 

Planning commission shall mean the Planning Commission of the City of Norfolk, Nebraska.

Plant nursery (see Nursery)

Plat shall mean a map showing the location, boundaries, and legal description of individual properties.

Policy shall mean a statement or document of the city, such as the comprehensive plan, that forms the basis for enacting legislation or making decisions.

Portable sign (see Sign, portable)

Premises shall mean a tract of land, consisting of one lot or irregular tract, or more than one lot or irregular tract, provided such lots or tracts are under common ownership, contiguous and used as a single tract.  A building or land within a prescribed area.

Principal building (see Building, principal)

Principal use (see Use, principal)

Private club (see Club)

Private garage (see Garage, private)

Private stable (see Stable, private)

Private well shall mean a well which provides water supply to less than fifteen (15) service connections and regularly serves less than twenty-five (25) individuals.

Prohibited use shall mean any use of land, other than nonconforming, which is not listed as a permitted use or conditional use within a zoning district.

Projection sign (see Sign, projecting)

Promotional device shall mean any sign intended to be displayed either with or without a frame, with or without characters, letters, illustrations or other material, on a fabric of any kind.  National flags, flags of political subdivisions or symbolic flags of any institution or business shall not be considered a promotional device for the purpose of this definition.  Banners, pennants, inflatable characters, streamers or fringe-type ribbons or piping, shall be considered as a promotional device.

Public garage (see Garage, public)

Public stable (see Stable, public)

Public utility shall mean any business which furnishes the general public telephone service, telegraph service, electricity, natural gas, water and sewer, or any other business so affecting the public interest as to be subject to the supervision or regulation by an agency of the state or federal government.

Public water supply shall mean a water supply system designed to provide public piped water fit for human consumption, if such system has at least fifteen (15) service connections or regularly serves at least twenty-five individuals.  This definition shall include (1) any collection, treatment, storage, or distribution facilities under the control of the operator of such system and used primarily in connection with such system; and (2) any collection or pretreatment storage facilities not under such control which are used primarily in the connection with such system.

Rear lot line (see Lot line, rear)

Rear yard (see Yard, rear)

Recreational facility shall mean facilities for the use by the public for passive and active recreation including tennis, handball, racquetball, basketball, track and field, jogging, baseball, soccer, skating, swimming or golf.  This shall include country clubs, and athletic clubs but not facilities accessory to a private residence used only by the owner and guests, nor arenas or stadiums used primarily for spectators to watch athletic events.

Recreational vehicle (RV) shall mean a vehicular unit less than forty (40) feet in overall length, eight (8) feet in width, or twelve (12) feet in overall height, primarily designed as a temporary living quarters for recreational camping or travel use having either its own power or designed to be mounted on or drawn by a motor vehicle.  Recreational vehicle includes motor home, truck camper, travel trailer, camping trailer, and fifth wheel.

Recreational vehicle (RV) park shall mean a tract of land upon which two or more recreational vehicle sites are located, established, or maintained for occupancy by recreational vehicles of the general public as temporary living quarters for recreation or vacation purposes by campers, vacationers, or travelers.

Recycling center shall mean a facility other than a junkyard in which recoverable resources such as paper, glass, metal cans, and plastics, are collected, bundled, stored, flattened, crushed, or reduced in some manner within a completely enclosed building, in preparation for shipment to others for reuse.

Recycling collection point shall mean a drop-off point for temporary storage of recoverable resources such as paper, glass, cans and plastics, and where no processing of such items takes place.

Recycling plant shall mean a facility other than a junkyard where recoverable resources such as paper products, glass, metal cans and other products, are recycled, reprocessed, and treated to return the products to a condition in which they may be reused for production.

Research laboratory or center shall mean a building or group of buildings in which are located facilities for scientific research, investigation, testing, or experimentation, and not including manufacture or sale of products, except as incidental to the main purpose of the laboratory.

Residence shall mean a building used, designed, or intended to be used as a home or dwelling for one (1) or more families.  (also see Dwelling)

Residents association (see Homeowners association)

Residential uses shall mean uses providing wholly or primarily non-transient living accommodations.  They exclude institutional living arrangements providing 24-hour skilled nursing or medical care, forced residence, or therapeutic settings.

1.        Single-family residential

The use of a site for one dwelling unit, occupied by one family.  Mobile home units are not a single-family use type. See below categories for such units.

 a.        Single-family residential (detached):  A single-family residential use in which one dwelling unit is located on a single lot, with no physical or structural connection to any other dwelling unit.  (may include zero lot line)  See following diagrams:

Single-Family Residential (Detached)

Single-Family Residential (Detached) utilizing Zero Lot Line

 b.        Single-family residential (attached):  A single-family residential use in which one dwelling unit is located on a single lot and is attached by a common vertical wall to only one other adjacent dwelling unit on another single lot.  See following diagram:

Single-Family Residential (Attached)

2.      Duplex residential

The use of a legally-described lot for two dwelling units, each occupied by one family within a single building, excluding manufactured or mobile home units, but including modular housing units.  See following diagram:

Duplex Residential

3.   Two-family residential

The use of a site for two dwelling units, each occupied by one family, each in a separate building, excluding a mobile home unit.

4.   Townhouse residential

The use of a site for three or more attached dwelling units, each occupied by one family and separated by vertical side walls extending from foundation through roof without openings.  Each townhouse unit must have at least two exposed exterior walls.  See following diagram:

Townhouse Residential

5.   Multiple-family residential

The use of a site for three or more dwelling units within one building not otherwise defined as townhouse units.

Restaurant shall mean a public eating establishment at which the primary function is the preparation and serving of food primarily to persons seated within the building.

Restaurant, drive-in shall mean an establishment which has the facilities to serve prepared food and/or beverages to customers seated within motor vehicles for consumption either on or off the premises.

Restaurant, fast food shall mean an establishment whose principal business is the sale of food and/or beverages in ready-to-consume individual servings, for consumption either within the establishment, for carry out or drive-in and where foods and/or beverages are usually served in paper, plastic or other disposable containers.

Retail services shall mean sale or rental with incidental service of commonly used goods and merchandise for personal or household use but excludes those goods and merchandise classified more specifically by these use type classifications.  Typical uses include department stores, apparel stores, furniture stores, or establishments providing the following products or services:  Household cleaning and maintenance products; drugs, cards, stationery, notions, books, tobacco products, cosmetics, and specialty items; flowers, plants, hobby materials, toys, and handcrafted items; apparel jewelry, fabrics and like items; cameras, photograph services, household electronic equipment, records, sporting equipment, kitchen utensils, home furnishing and appliances, art supplies and framing, arts and antiques, paint and wallpaper, hardware, carpeting and floor covering; interior decorating services; office supplies; mail order or catalog sales; bicycles; and automotive parts and accessories (excluding service and installation).  General Retail Services include:

1.        Limited retail services:  Establishments providing retail services, occupying facilities of 10,000 square feet or less. Typical establishments provide for specialty retailing or retailing oriented to Norfolk and its surrounding vicinity.

2.        Medium retail services:  Establishments providing retail services, occupying facilities between 10,000 and 40,000 square feet in a single establishment or multi-tenant facility. Typical establishments provide for specialty retailing or general purpose retailing oriented to Norfolk and its surrounding vicinity.

3.        Mass retail services:  Establishments providing retail services, occupying facilities over 40,000 square feet in a single establishment or multi-tenant facility. Typical establishments provide for general purpose retailing oriented to Norfolk and the surrounding region.

Retirement residential shall mean a building or group of buildings which provide residential facilities for more than four residents of at least sixty years of age, or households headed by a householder of at least sixty-two years of age.  A retirement residence may provide a range of residential building types and may also provide support services to residents, including but not limited to food service, general health supervision, medication services, housekeeping services, personal services, recreation facilities, and transportation services.  The retirement residence may accommodate food preparation in independent units or meal service in one or more common areas. Retirement residences may include additional health care supervision or nursing care.

Rezoning shall mean an amendment to or change in the zoning ordinance either to the text or map or both.

Rezoning, piecemeal shall mean the zoning reclassification of individual lots resulting in uncertainty in the future compatible development of the area.

Riding stable (see Stable, riding)

Right-of-way shall mean an area or strip of land, either public or private, on which an irrevocable right of passage has been dedicated, recorded, or otherwise legally established for the use of vehicles or pedestrians or both.

Road, private shall mean a way, other than driveways, open to vehicular ingress and egress established for the benefit of certain, adjacent properties.  (also see Right-of-way and Street)

Road, public shall mean all public right-of-way reserved or dedicated for street traffic.  (also see Right-of-way and Street)

Roadside stand shall mean a temporary structure or vehicle used solely for the sale of farm products produced on the premises or adjoining premises.

Roof sign (see Sign, roof)

Rooming house (see Boarding/Rooming house)

Salvage yard (see Junkyard)

Satellite dish antenna shall mean a round, parabolic antenna incorporating a reflective surface that is solid, open mesh, or bar configured and is in the shape of a shallow dish, or cone and used to transmit and/or receive radio or electromagnetic waves.

Scenic easement shall mean an easement for the purpose of limiting land development in order to preserve a view or scenic area.

School shall mean a facility that provides a curriculum of elementary or secondary academic instruction, including kindergartens, elementary schools, junior high or middle schools, and high schools.

School, private shall mean a facility that provides a curriculum of elementary or secondary academic instruction, including kindergartens, elementary schools, junior high or middle schools, and high schools operated by a nongovernmental organization.

School, trade shall mean an institution offering extensive instruction in the technical, commercial, or trade skills and operated by a nongovernmental organization.

Screening shall mean a method by which a view of one site from another adjacent site is shielded, concealed, or hidden during all seasons of the year and may include fences, walls, hedges, berms, or other features.  (also see Buffer)

Self-service station shall mean an establishment where motor fuels are stored and dispensed into the fuel tanks of motor vehicles by persons other than the service station attendant and may include facilities available for the sale of other retail products.

Self-service storage facility shall mean a building or group of buildings containing individual, compartmentalized, and controlled access stalls or lockers for storage.

Service floor area shall mean the total floor area of a building, exclusive of stairways, restrooms, storage rooms, hallways, or other areas which are not regularly used by inhabitants, visitors, employees, clients, customers, patients or patrons in their normal everyday use of the building.

Service station shall mean buildings and premises where the primary use is the supply and dispensing at retail of motor fuels, lubricants, batteries, tires, and motor vehicle accessories and where light maintenance activities such as engine tune-ups, lubrication, and washing may be conducted, but not including heavy maintenance and repair such as engine overhauls, painting and body repair.  (also see Garage, repair)

Setback shall mean the required minimum horizontal distance between the building or structure and the related front, rear or side lot line.  (also see Building line and Yard)

Shelter (see Emergency shelter mission)

Shopping center shall mean a grouping of retail business and service uses on a single site with common parking facilities.

Side lot line (see Lot line, side)

Side yard (see Yard, side)

Sidewalk cafe shall mean an area adjacent to a street-level eating or drinking establishment located adjacent to the public pedestrian walkway and used exclusively for dining, drinking and pedestrian circulation.  The area may be separated from the public sidewalk by railings, fencing, or landscaping or a combination thereof.

Sight triangle shall mean an area at a street or road intersection in which nothing shall be erected, placed, painted or allowed to grow in such a manner as to materially impede vision of traffic at an intersection.  See Sec. 27-290 of this Code.

Sign shall mean any fabricated sign or outdoor display structure, including its structure, consisting of any letter, figure, character, logo, mark, point, plane, marquee sign, design, poster, pictorial, picture, stroke, strip, line, trademark, reading matter illumination device, constructed, attached, erected, fastened, manufactured or painted in any manner whatsoever so that the same shall be used for the attraction of the public, performance, article, machine or merchandise whatsoever, and displayed in any manner out of doors for recognized advertising purposes, or any letter, figure, character, etc. as set forth herein that is permanently painted on or adhered to any doors or windows of building or structures.  (also see Sign, billboard and Promotional device)

Sign, architectural canopy shall mean an enclosed, illuminated (backlit awning) or non-illuminated structure that is attached to the wall of a building with the face of the sign approximately parallel to the wall and with the sign's copy area integrated into its surface.

Sign area shall mean the entire area including the background of a sign on which copy can be placed but not including the minimal supporting framework or bracing.  The area of individually painted letter signs, individual letter signs or directly or indirectly illuminated individual letter signs, shall be calculated on the basis of the smallest geometric figure that will enclose the entire copy area of the sign.  Any such calculation shall include the areas between the letters and lines, as well as the areas of any devices, illuminated or non-illuminated.

Sign, awning, canopy or marquee (see Sign, architectural canopy)

Sign, billboard shall mean a sign that identifies or communicates a commercial or noncommercial message related to an activity conducted, a service rendered, or a commodity sold at a location other than where the sign is located.

Sign, building shall mean any sign supported by, painted on or otherwise attached to any building or structure.

Sign, closed shall mean a sign in which more than fifty percent (50%) of the entire area is solid or tightly closed or covered.

Sign, copy area shall mean all lettering, wording, and accompanying designs, symbols, logos, and trademarks on a sign area.

Sign, destination shall mean a sign used to inform and direct the public to important public places and buildings, landmarks and historical sites in the most simple, direct and concise manner possible.

Sign, directional shall mean a sign which provides directional assistance to access an establishment conveniently and safely.

Sign, electronic message board shall mean a sign that uses changing lights to form a sign message or messages wherein the sequence of messages and the rate of change is electronically programmed and can be modified by electronic processes.

Sign, flashing shall mean a sign, which, by method or manner of illumination, flashes on or off, winks, or blinks with varying light intensity, shows motion, or creates the illusion of being on or off.

Sign, freestanding shall mean any sign supported by uprights or braces placed on or in the ground, which is used principally for advertising or identification purposes and is not supported by any building.

Sign, illuminated shall mean a sign illuminated in any manner by an artificial light source.

Sign, low profile shall mean a sign mounted directly to the ground with a maximum height not to exceed six (6) feet.

Sign, message (see Sign, electronic message board)

Sign, monument (see Sign, low profile)

Sign, obsolete shall mean a sign that advertises a business no longer in existence or a product no longer offered for sale and has advertised such business or product for a period of six (6) months after the termination of the existence of such business or the termination of sale of the product advertised.

Sign, open shall mean a sign attached to or hung from a marquee, canopy or other covered structure, projecting from and supported by the building and extending beyond the building wall, building line or street lot line.

Sign, portable shall mean a sign, usually of a temporary nature, not securely anchored to the ground or to a building or structure and which obtains some or all of its structural stability with respect to wind or other normally applied forces by means of its geometry or character.

Sign, projecting shall mean a display sign which is attached directly to the building wall, and which extends more than fifteen (15) inches from the face of the wall.

Sign, roof shall mean a sign which is erected, constructed and maintained above the roof of the building.

Sign setback shall mean the horizontal distance from the property line to the nearest projection of the existing or proposed sign.

Sign, subdivision identification shall mean a sign erected on a subdivision identification lot which identifies the platted subdivision where the sign is located.

Sign, temporary shall mean a sign constructed of cloth, fabric or other material with or without a structural frame intended for a limited period of display, including displays for holidays or public demonstrations.  Temporary signs shall include portable signs as defined in this section.

Sign, wall shall mean a sign which is painted on or is directly attached to a fence or on the surface of masonry, concrete, frame or other approved building walls, and which extends not more than fifteen (15) inches from the face of the fence or wall.

Sign, window shall mean a sign painted, stenciled, or affixed on a window, which is visible from a right-of-way.

Similar use shall mean the use of land, building or buildings, or structures of like kind or general nature with other uses within a zoning district as related to bulk, intensity of use, traffic generation and congestion, function, public services requirements, aesthetics or other similarities.

Single-family residential (see Residential uses)

Site plan shall mean a plan, prepared to scale, showing accurately and with complete dimensioning, the boundaries of a site and the location of all buildings, structures, uses, drives, parking, drainage, landscape features, and other principal site development improvements for a specific parcel of land.

Site, septic shall mean the area bounded by the dimensions required for the proper location of the septic tank system.

Slope (see Grade)

Spot zoning shall mean an arbitrary zoning or rezoning of a small tract of land, usually surrounded by other uses or zoning categories that are of a markedly or substantially different intensity, that is not consistent with the comprehensive land use plan and that primarily promotes the private interest of the owner rather than the general welfare. 

Stable, private shall mean an accessory building or use of land to an existing residential use, that shelters or confines horses for the exclusive use of the occupants of the premises.

Stable, public shall mean a building or land where horses are kept for commercial purposes including boarding, hire, sale, riding, or show.

Stable, riding shall mean a structure in which horses or ponies, used exclusively for pleasure riding or driving, are housed, boarded, or kept for remuneration, hire or sale.

Standard system shall mean a sewage treatment system employing a building sewer, septic tank, and a standard soil absorption system.

State shall mean the State of Nebraska.

Storage shall mean the keeping, in a roofed or unroofed area, of any goods, junk, material, merchandise, or vehicles on the same tract or premises for more than thirty (30) days.

Story shall mean that part of a building included between the surface of a floor and the upper surface of the floor or roof next above.

Street shall mean a public or private thoroughfare used, or intended to be used, for passage or travel by motor vehicles.

Street, arterial shall mean a street designed with the primary function of efficient movement of through traffic between and around areas of the city with controlled access to abutting property.  All section line roads are considered arterial streets unless otherwise designated.

Street, collector shall mean a street designed to provide for the efficient movement between local streets and arterial streets allowing direct access to abutting properties.

Street, cul-de-sac (see Cul-de-sac)

Street, curvilinear shall mean local streets which deviate from straight alignment and change direction without sharp corners or bend

Street line shall mean a dividing line between a lot, tract, or parcel of land and the contiguous street.

Street, local shall mean a street designed for local traffic which provides direct access to abutting residential, commercial or industrial properties.

Street, looped shall mean a continuous local street without intersecting streets and having its two (2) outlets connected to the same street.

Street, private shall mean an open, unoccupied space, other than a street or alley dedicated to the public, but permanently established as the principal means of vehicular access to abutting properties.  The term "private street" includes the term "place".

Structural alteration shall mean any alteration involving a change in or addition to the supporting members of a building, structure, or sign such as bearing walls, columns, beams, girders or poles.

Structure shall mean anything constructed or erected which requires permanent location on the ground or which is attached to something having permanent location on the ground, but not including driveways, sidewalks or other surfacing, or public items such as utility poles, street lights, and street signs, or minor landscape features such as bird fountains, clotheslines, landscape lighting, and sculptures.

Subdivision shall mean the division of land, lot, tract, or parcel into two or more lots, parcels, plats, or sites, or other divisions of land for the purpose of sale, lease, offer, or development, whether immediate or future.  The term shall also include the division of residential, commercial, industrial, agricultural, or other land whether by deed, metes and bounds description, lease, map, plat, or other instrument.

Subdivision identification lot (see Lot, subdivision identification)

Subdivision identification sign (see Sign, subdivision identification)

Supermarket (see Food sales)

Surface water class A - primary contact recreation shall mean surface waters which are used, or have a high potential to be used, for primary contact recreational activities.  Primary contact recreation includes activities where the body may come into prolonged or intimate contact with the water, such that water may be accidentally ingested and sensitive body organs (e.g., eyes, ears, nose, etc.) may be exposed.  Although the water may be accidentally ingested, it is not intended to be used as a potable water supply unless acceptable treatment is supplied.  These waters may be used for swimming, water skiing, canoeing, and similar activities.

Surface waters shall mean all waters within the jurisdiction of this state, including all streams, lakes, ponds, impounding reservoirs, marshes, wetlands, watercourses, waterways, springs, canal systems, drainage systems, and all other bodies or accumulations of water, natural or artificial, public or private, situated wholly or partly within or bordering upon the state.

Tavern (see Bar)

Temporary sale (see Flea market)

Temporary sign (see Sign, temporary)

Temporary use shall mean a use intended for limited duration to be located in a zoning district not permitting such use.

Through lot (see Lot, through)

Tower shall mean a structure situated on a site that is intended for transmitting or receiving television, radio, or telephone communication.  (also see Antenna)

Townhouse (see Residential uses)

Transitional use shall mean a permitted use or structure that by nature or level and scale of activity acts as a transition or buffer between two or more incompatible uses.

Truck repair shall mean the repair, including major mechanical and body work, straightening of body parts, painting, welding or other work that may include noise, glare, fumes, smoke, or other characteristics to an extent greater than normally found in gasoline service stations, of trucks having a hauling capacity of over one (1) ton and buses but excluding pickups and other vehicles designed for the transport of under eight (8) passengers.

Truck terminal shall mean a building or an area in which freight brought by truck is assembled and/or stored for routing or reshipment, or in which semi trailers, including tractor and/or trailer units and other trucks, are parked or stored for a short time period.

Two-family dwelling (see Residential uses)

Upzoning shall mean a change in zoning classification of land to a more intensive or less restrictive district such as from residential district to commercial district or from a single-family residential district to a multiple-family residential district.

Use, accessory (see Accessory use)

Use, best shall mean the recommended use or uses of land contained in an adopted comprehensive plan.  Such uses represent the best use of public facilities, and promote health, safety and general welfare.

Use, highest shall mean an appraisal or real estate market concept that identifies the use of a specific tract of land that is most likely to produce the greatest net return on investment.

Use, principal shall mean the main use of land or structures, as distinguished from an accessory use.  (also see Building, principal)

Variance shall mean a relief from or variation of the provisions of this chapter, other than use regulations, as applied to a specific piece of property, as distinct from rezoning.

Vehicle shall mean every device in, upon, or by which any person or property is or may be transported or drawn upon a highway, excepting devices moved solely by human power or used exclusively upon stationary rails or tracks.

Vehicle, motor (see Motor vehicle)

Wall sign (see Sign, wall)

Warehouse shall mean a building used primarily for the storage of goods and materials.

Warehouse and distribution shall mean a use engaged in storage, wholesale, and distribution of manufactured products, supplies, and equipment. 

Warehouse, personal storage (see Self-service storage facility)

Wastewater lagoon shall mean a shallow body of water in which organic wastes are decomposed by bacteria in the presence of free oxygen.

Water Well shall mean any excavation that is drilled, cored, bored, washed, driven, dug, jetted, or otherwise constructed for the purpose of exploring for ground water, monitoring ground water, utilizing the geothermal properties of the ground, obtaining hydrogeologic information, or extracting water from the underground water reservoir.  Water well includes any excavation made for any purpose if groundwater flows into the excavation under natural pressure and a pump or other device is placed in the excavation for the purpose of withdrawing water from the excavation for irrigation (commonly called 'Pit' wells).  For such excavations, construction means placing a pump or other device into the excavation for the purpose of withdrawing water for irrigation. Water well does not include:

a)        any excavation made for obtaining or prospecting for oil or natural gas or for inserting media to re-pressure oil or natural gas bearing formations regulated by the Nebraska Oil and Gas Conservation Commission;

b)        any excavation that is used to inject fluid as defined in Nebraska Revised Statutes § 81-1502 into the underground water reservoir; or

c)        any structure requiring a permit by the Department of Natural Resources used to exercise surface water appropriation. [Neb. Rev. Stat. § 46-601.01(1)]

Waters of the state shall mean all waters within the jurisdiction of this state, including all streams, lakes, ponds, impounding reservoirs, marshes, wetlands, watercourses, waterways, wells, springs, irrigation systems, drainage systems, and all other bodies or accumulations of water surface or underground, material or artificial, public or private, situated wholly within or bordering upon the state.

Wetland shall mean an area that is inundated or saturated by surface water or ground water at a frequency and duration sufficient to support, and that, under normal circumstances, does support, a prevalence of vegetation typically adapted for life in saturated soil conditions, commonly know as hydrophytic vegetation.

Wholesale establishment shall mean an establishment for the on-premises sales of goods primarily to customers engaged in the business of reselling the goods.

Wholesale trade shall mean a use primarily engaged in selling merchandise to retailers; to industrial, commercial, institutional, farm or professional business users; or to other wholesalers; or acting as agents or brokers in buying merchandise for or selling merchandise to such persons or companies.  The principal types of establishments included are: merchant wholesalers; sales branches and sales offices (but not retail stores) maintained by manufacturing enterprises apart from their plants for the purpose of marketing their products; agents, merchandise or commodity brokers, and commission merchants; petroleum bulk storage, assemblers, buyers, and associations engaged in cooperative marketing of farm products.  The chief functions of uses in wholesale trade are selling goods to trading establishments, or to industrial, commercial, institutional, farm and professional; and bringing buyer and seller together.  In addition to selling, functions frequently performed by wholesale establishments include maintaining inventories of goods; extending credit; physically assembling, sorting and grading goods in large lots, breaking bulk and redistribution in smaller lots; delivery; refrigeration; and various types of promotion such as advertising and label designing.

Yard shall mean the required open space on a lot adjoining a lot line, containing only landscaping or other uses as provided by this chapter.

Yard, front shall mean a yard extending along the full width of a front lot line between side lot lines and from the front lot line to the front building line.  There shall be a required front yard of each street side of a corner lot and a double frontage lot.  (also see Lot line, front and Lot, corner)

Yard, rear shall mean a yard extending across the full width of the rear lot line between side lot lines and from the rear lot line to the rear building line.  The depth of the rear yard is measured at right angles to the rear line of the lot.  On corner lots, the required rear yard may be to the rear of either street.  On interior lots, the required rear yard shall be at the opposite end of the lot from the front yard.  On pointed or irregular lots, the required rear yard shall be comprised of an area that begins at the rear point of the lot and continues to an imaginary line parallel to and farthest from the front lot line, not less than ten feet long and wholly within the lot.

Yard, side shall mean a yard between the side lot line and the side building line lying between the front yard and the rear yard.

Zero lot line (see Lot line, zero)

Zoning official shall mean the person or persons authorized and empowered by the city to administer and enforce the requirements of this chapter.  Zoning official as used in this Code shall also include other staff designated by the zoning official to perform any particular function.

Zoning districts shall mean areas, as designated on the zoning district map, within the city and within the extraterritorial jurisdiction for which regulations governing the use of buildings, structures and premises, the height of buildings and structures, size of yards, and the intensity of use are uniform. 

Source:  Ord. No. 4170, § 1, 5-20-96; Ord. No. 4223, § 1, 11-18-96; Ord. No. 4603, § 1, 9-16-02; Ord. No. 5025, § 1, 8-18-08; Ord. No. 5145, § 1, 12-20-10

Sec. 27-3.  Authority.

This chapter is adopted pursuant to authority granted by the state. 

Source:  Ord. No. 4603, § 1, 9-16-02

Sec. 27-4.  Purpose and intent.

These regulations are adopted with the purpose and intent of promoting the health, safety, morals, convenience, order, prosperity, and welfare of the present and future population of Norfolk and its jurisdictional area, consistent with the guidelines established in the Norfolk Comprehensive Plan.

These regulations are designed to be consistent with purposes set forth in Section 19-903, R.R.S. 1943, as the same may, from time to time, be amended, which include efforts to lessen congestion in the streets; to secure safety from fire and other dangers; to promote health and the general welfare; to provide adequate light and air; to prevent overcrowding of land; to secure safety from flood; to avoid undue concentration of population; to facilitate the adequate provision of transportation, water, sewerage, schools, parks and other public requirements; to protect the tax base; and, to secure economy in governmental expenditures; among other purposes. 

Source:  Ord. No. 4603, § 1, 9-16-02

Sec. 27-5.  Jurisdiction.

This chapter shall apply to all land, buildings and structures within the corporate limits of Norfolk and all of the unincorporated area within two (2) miles of the nearest point of the Norfolk corporate limits as set forth in Sec. 1-11 of this Code.  Any section or provision of this Code not completely set forth but referred to in this chapter shall be incorporated by reference and considered as part of the provisions of this chapter. 

Source:  Ord. No. 4603, § 1, 9-16-02

Sec. 27-6.  Zoning district map, boundaries.

(a)  This chapter divides the city and its extraterritorial jurisdiction into various zoning districts.  The boundaries of the zoning districts are shown on maps which are made a part hereof by reference, and are designated as “City of Norfolk, Nebraska, Zoning Map”.  Other maps referenced in this chapter include, but are not limited to, the “Floodway, Flood Boundary and Floodway Map,” “Flood Insurance Rate Map (FIRM),” and “Norfolk Municipal Airport, Location Sketch and Zoning Map”.  These maps and all the notations, references and other information shown thereon are also made a part of these regulations by reference and have the same force and effect as if the maps and all the notations, references and other information shown thereon were fully set forth or described herein.  These original official maps shall be located in and kept current in the office of the zoning official.

(b)  Where uncertainty exists relative to the location of a district boundary on the maps referenced in this section, the boundaries shall be construed as being either the center of streams, streets, alleys, railroad rights-of-way, or vacated streets, alleys, and rights-of-way, or along platted lot lines or the extensions thereof.

(c)  In unsubdivided property or in areas where the boundary may be questionable, the boundary shall be determined by use of the scale of the map.  In cases of disagreement, the board of adjustment shall determine the location of the district boundary in question. 

Source:  Ord. No. 4603, § 1, 9-16-02

Sec. 27-7.  Annexation and exemptions.

All unincorporated territory which may hereinafter become the jurisdiction of the city as a result of annexation or addition shall immediately become classified in conformance with the zones noted herein and shall remain so zoned until an amendment to the official zoning map or this chapter shall place such land in a different zone or zones.

a.    Equivalent zones for property in Madison County:

Any conditional use permit existing in an area which becomes subject to the zoning jurisdiction of the city remains in force under the same terms and conditions as it existed in the county zoning jurisdiction and shall be treated as a conditional use permit under city code.

b.    Equivalent zones for property in Stanton County:

Any conditional use permit existing in an area which becomes subject to the zoning jurisdiction of the city remains in force under the same terms and conditions as it existed in the county zoning jurisdiction and shall be treated as a conditional use permit under city code.  

Source:  Ord. No. 4603, § 1, 9-16-02; Ord. No. 4951, § 1, 6-18-07

Sec. 27-8.  Comprehensive plan relationship.

This chapter is designed to implement various elements of the Norfolk Comprehensive Plan as required by state statutes.  Any amendment to the district regulations or map shall conform to the comprehensive plan adopted by the city council. 

Source:  Ord. No. 4603, § 1, 9-16-02

Sec. 27-9.  Compliance generally.

All requirements in this chapter are mandatory unless stated otherwise or outlined in specific exceptions or variances thereto.  The following paragraphs are general requirements, applicable throughout this chapter.

(1)       No building or structure shall be erected, constructed, reconstructed, moved or altered, nor shall any building, structure or land be used for any purpose other than is permitted in the district in which such building, structure or land is situated.  If a use is not listed in a specific zoning district, the land use matrix in Sec. 27-401 shall determine the zoning district in which a particular use shall be allowed as a permitted use or a conditional use.

(2)       No building or structure shall be erected, constructed, reconstructed, moved or altered to exceed the height or area limit or violate the yard or parking requirement herein established for the district in which such building or structure is located.

(3)       No lot area shall be reduced or diminished so that the yards or other open spaces shall be smaller than prescribed by this chapter, nor shall the density of population be increased in any manner, except in conformity with the area regulations established herein.

(4)       Every building hereafter erected or altered shall be located on a lot as herein defined and in no case shall there be more than one main building on one lot within a zoning district except as provided herein.

(5)       Except as otherwise provided in this subsection, in all zoning districts, no alcoholic liquor, including beer and wine, shall be sold, either on-sale, or off-sale, within one hundred fifty (150) feet of any church, school, hospital, home for aged or indigent persons, home for veterans, their wives or children, or a college or university campus; or within five hundred (500) feet of any city park.  The one hundred fifty (150) foot requirement shall be measured from the nearest walls of the buildings in question, and the five hundred (500) foot requirement shall be measured from property line to property line.  This subsection shall not apply to any application for a one-day liquor license which may be applied for by a charitable organization or nonprofit corporation.  If a proposed location for the sale at retail of any alcoholic liquor is within one hundred fifty (150) feet of any church, the retail sale of alcoholic liquor shall be allowed if a license is issued by the Nebraska Liquor Control Commission pursuant to Section 53-177 of the Nebraska Revised Statutes.

(6)       The repair, restoring, remodeling, assembly, disassembly, storage or standing of any inoperable vehicle other than in a district permitting and regulating such occurrence is prohibited.  Inoperable vehicles may be stored or may stand only in a legally conforming auto wrecking yard, a fully enclosed private garage, or in a fully enclosed storage structure as allowed by this chapter. 

Source:  Ord. No. 4603, § 1, 9-16-02; Ord. No. 5147, § 1,12-20-10

Sec. 27-10.  Interpretation.

In interpreting and applying the provisions of this chapter, they shall be held to be the minimum requirements for the promotion of the public safety, health, convenience, comfort, morals, prosperity, and general welfare.  It is not intended by this chapter to interfere with or abrogate or annul any easements, covenants or other agreements between parties, or any statute, ordinance or regulation, except that if this chapter imposes a greater restriction or higher standard this chapter shall control.  

Source:  Ord. No. 4603, § 1, 9-16-02

Sec. 27-11.  Violation and penalty.

The owner or agent of a building or premises in or upon which a violation of any provision of this chapter has been committed or shall exist, or the lessee or tenant of an entire building or entire premises in or upon which a violation has been committed or shall exist, or the agent, architect, building contractor or any other person who commits, takes part or assists in any violation or who maintains any building or premises in or upon which such violation shall exist, shall be guilty of a misdemeanor and shall be punished by a fine not to exceed one hundred dollars ($100).  Each and every day such violation continues after notice of violation is given to the offender or offenders shall be considered a separate offense.

In case any building or structure is erected, constructed, reconstructed, altered, repaired, converted or maintained, or any building, structure or land is used in violation of this chapter, the appropriate authorities of the city in addition to other remedies, may institute injunction, mandamus or other appropriate action or proceeding to prevent such unlawful erection, construction, alteration, conversion, maintenance or use, or to correct or abate such violation, or to prevent the occupancy of the building, structure or land. 

Source:  Ord. No. 4603, § 1, 9-16-02

Sec. 27-12.  Validity.

If any section, subsection, sentence, clause or phrase of this chapter is for any reason held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portions of this chapter. 

Source:  Ord. No. 4603, § 1, 9-16-02

Secs. 27-13--27-20.  Reserved.

ARTICLE II.  ADMINISTRATION AND ENFORCEMENT

Sec. 27-21.  Responsibility; zoning official.

Except as otherwise provided, the fire division and its zoning official shall be responsible for the enforcement and administration of this chapter and shall be responsible to expeditiously review and process all applications according to the provisions of this chapter; conduct necessary surveys, investigations and field studies; keep records; and shall prepare such reports, maps or other exhibits necessary in the administration of this chapter. 

Source:  Ord. No. 4603, § 1, 9-16-02

Sec. 27-22.  Applications.

No building or other structure shall be constructed, erected, moved or substantially altered prior to the issuance of a permit.  Applications for a permit shall be on forms provided by the city.  Applications for a conditional use permit and for appeal to the board of adjustment shall be on forms provided by the city.  All permit applications may require supplementary information. 

Source:  Ord. No. 4603, § 1, 9-16-02

Sec. 27-23.  Interpretation of chapter.

In the interpretation of this chapter should it be found that any provisions herein are in conflict with any other Code provisions or ordinance of the city, or any state or federal statutes, the more restrictive regulation shall apply.  The zoning official may, subject to other provisions contained herein, render interpretations of any provision of this chapter.  The decision of the zoning official may be appealed according to the provisions of this chapter. 

Source:  Ord. No. 4603, § 1, 9-16-02

Sec. 27-24.  Permits issued by others.

Any permit, license or certificate for any use, building or structure issued which may be in conflict with the provisions of this chapter shall be null and void as to those provisions which may be in conflict. 

Source:  Ord. No. 4603, § 1, 9-16-02

Sec. 27-25.  Legal advice.

The city attorney or his or her authorized delegate shall provide legal advice and representation concerning the enforcement of this chapter. 

Source:  Ord. No. 4603, § 1, 9-16-02

Sec. 27-26.  Procedure for classifying unlisted uses.

Because land uses are too numerous to list within the text of district regulations, only those uses most commonly found in the city are listed.  For uses not listed, Sec. 27-401 of this Code sets forth a land use matrix indicating additional land uses and the zoning district in which they are allowed as a permitted use or a conditional use.  This matrix shall be interpreted to have the same force and effect as if the uses had been listed within the zoning district.  Uses not listed under the district regulations or in the land use matrix may be placed in a suitable district classification by the zoning official after considering the zoning classification of the other similar or related uses. 

Source:  Ord. No. 4603, § 1, 9-16-02

Sec. 27-27.  Permits and certificate of zoning compliance.

(a)  The code official or his or her designee shall receive application and issue permits for the erection and alteration of buildings, structures or signs.

(b)  No person shall construct, erect, enlarge, structurally alter or demolish a building, structure or sign without first obtaining a building permit, which permit shall include notice of zoning compliance.

(c)  Every person making application for a building/zoning permit shall complete an application form furnished and approved by the fire division.  Such application shall contain location, type of improvement, proposed use, cost of improvement, a site or plot plan and notice of zoning compliance.  Any and all requirements of the city Code shall be met, or waived where applicable, prior to the issuance of any building/zoning permit. 

Source:  Ord. No. 4603, § 1, 9-16-02

Sec. 27-28.  Fees.

Except as otherwise provided, building/zoning permits shall be issued pursuant to the same terms and fee schedule as provided in Sec. 6-18 of this Code. 

Source:  Ord. No. 4603, § 1, 9-16-02

Secs. 27-29--27-30.  Reserved.

ARTICLE III.  BOARD OF ADJUSTMENT

Sec. 27-31.  Appeals and variances.

Appeals and requests for variances from the provisions of this chapter shall be taken and decided as follows.

(1)       Board of adjustment.  Appeals to the board of adjustment may be taken by any person aggrieved or by any officer, department, board or bureau of the city affected by any decision of the zoning official.  Such appeal shall be taken within thirty (30) days of the decision of said officer, department, board or bureau, by filing with the officer from whom the appeal is taken and with the board of adjustment, a notice of appeal specifying the grounds thereof.  The officer from whom the appeal is taken shall forthwith transmit to the board all the papers constituting the record upon which the action appealed from was taken.  An appeal stays all proceedings in furtherance of the action appealed from, unless the officer from whom the appeal is taken certifies to the board of adjustment, after the notice of appeal shall have been filed with him or her, that by reason of facts stated in the certificate a stay would, in his or her opinion, cause imminent peril to life or property.  In such case, proceedings shall not be stayed otherwise than by a restraining order which may be granted by the board of adjustment or by a court of record on application after notice to the officer from whom the appeal is taken and on due cause shown.  The board of adjustment shall fix a reasonable time for the hearing of the appeal, give public notice thereof, as well as due notice to the parties in interest, and decide the same within a reasonable time.  Upon the hearing, any party may appear in person or by agent or by attorney.

(2)       Powers, jurisdiction, variance, when permitted.  The board of adjustment shall, subject to such appropriate conditions and safeguards as may be established by the mayor and city council, have only the following powers:

a.        Errors:  To hear and decide appeals where it is alleged there is error in any order, requirement, decision or determination made by an administrative official or agency based on or made in the enforcement of any zoning regulation or any regulation relating to the location or soundness of structures;

b.        Interpretation of regulations or map:  To hear and decide, in accordance with the provisions of any zoning regulation, requests for the interpretation of any map;

c.        Variance of requirements:  Where one or more of the following conditions exist, the board may authorize a variance if it makes specific findings that by reason of:

1.        Exceptional narrowness of a specific piece of property; or

2.        Shallowness, or shape of a specific piece of property at the time of the enactment of the zoning regulations; or

3.        Exceptional topographic conditions or other extraordinary and exceptional situation or condition of such piece of property.

            The strict application of any enacted regulation under this chapter would result in peculiar and exceptional practical difficulties to, or exceptional and undue hardships upon, the owner of such property.  Upon an appeal relating to the property, a variance from such strict application may be granted so as to relieve such difficulties or hardship, if such relief may be granted without substantial detriment to the public good and without substantially impairing the intent and purpose of any ordinance or resolution.

            The board shall, by resolution, set out findings of fact based on evidence and testimony that the following conditions exist or would result:

1.         The strict application of the zoning regulation would produce undue hardship;

2.         Such hardship is not shared generally by other properties in the same zoning district and the same vicinity;

3.         The authorization of such variance will not be of substantial detriment to adjacent property and the character of the district will not be changed by the granting of the variance; and

4.         The granting of such variance is based upon reason of demonstrable and exceptional hardship as distinguished from variations for purposes of convenience, profit or caprice.

            Under no circumstance shall the board grant a variance if the condition or situation of the property concerned or the intended use of the property is not of so general or recurring a nature as to make reasonably practicable the formulation of a general regulation to be adopted as an amendment to the zoning regulations.

            In exercising the above-mentioned powers such board may, in conformity with the provisions hereof, reverse or affirm, wholly or partly, or may modify the order, requirement, decision or determination appealed from, and may make such order, requirement, decision or determination as ought to be made, and to that end shall have all the powers of the officer from whom the appeal is taken.  The concurring vote of four (4) members of the board shall be necessary to reverse any order, requirement, decision or determination of any such administrative official, or to decide in favor of the applicant on any matter upon which it is required to pass under any such regulation or to effect any variation in such regulation.

(3)        Fee:  A fee as set forth in Section 2-5 of this Code shall accompany each application of appeal to the board of adjustment and the applicant shall also pay all publication costs necessitated by the filing of said application. 

Source:  Ord. No. 4603, § 1, 9-16-02; Ord. No. 4868, § 4, 1-17-06; Ord. No. 5135, § 18, 9-7-10

Sec. 27-32.  Board of Adjustment Membership and Term.

(a)   The board of adjustment shall consist of five regular members, plus one additional member designated as an alternate who shall attend and serve only when one of the regular members is unable to attend for any reason, each to be appointed for a term of three years and removable for cause by the mayor as appointing authority upon written charges and after public hearings.  Vacancies shall be filled for the unexpired term of any member whose term becomes vacant.  One member only of the board of adjustment shall be appointed from the membership of the planning commission, and the loss of membership on the planning commission by such member shall also result in his or her immediate loss of membership on the board of adjustment and appointment of another planning commissioner to the board of adjustment.  One position on the board of adjustment shall be filled by the appointment of a person who resides in the extraterritorial zoning  jurisdiction of the city.  The board of adjustment shall adopt rules in accordance with the provisions of any ordinance adopted pursuant to sections 19-901 to 19-914 of the Nebraska Revised Statutes.  Meetings of the board shall be held at the call of the chairperson and at such other times as the board may determine.  Such chairperson, or in his or her absence the acting chairperson, may administer oaths and compel the attendance of witnesses.  All meetings of the board shall be open to the public.  The board shall keep minutes of its proceedings, showing the vote of each member upon each question, or, if absent or failing to vote, indicating such fact, and shall keep records of its examinations and other official actions, all of which shall be immediately filed in the office of the board and shall be a public record.

(b)   The term of each regular member and the alternate member shall be three years, except that two members of the first commission to be so appointed after July 1, 2005, shall serve for terms of one year, two for terms of two years, and two for terms of three years.  All regular and alternate members shall hold office until their successors are appointed. 

Source:  Ord. No. 4822, § 1, 8-1-05

Secs. 27-33--27-35.  Reserved.

ARTICLE IV.  AMENDMENTS

Sec. 27-36.  Authority to amend.

Whenever the public necessity, health, safety or general welfare requires, the city council may by ordinance, following report from the planning commission and subject to the procedures herein and conformity to the comprehensive plan, amend the provisions of this chapter or the zoning district map. 

Source:  Ord. No. 4603, § 1, 9-16-02

Sec. 27-37.  Authority to initiate amendments.

(a)   Amendments to the provisions of this chapter, may be initiated by action of the city council, planning commission, application from an owner of the property affected by the provisions or any other interested person.

(b)   Amendment to the zoning district map may be initiated by action of the city council, planning commission or by any person who owns the land sought to be rezoned or the person's duly authorized agent. 

Source:  Ord. No. 4603, § 1, 9-16-02

Sec. 27-38.  Applications for amendments.

(a)   All applications for amendments to either the zoning district map or the provisions of this chapter shall be made upon forms prescribed by the planning commission and duly filed with the secretary of the planning commission.

(b)   An initial fee as set forth in Section 2-5 of this Code shall accompany each application for amendment to the zoning district map or provisions of this chapter.  Immediately upon receipt of such application and filing fee, the secretary of the planning commission shall note thereon the date of filing, and make a permanent record thereof.  In addition to the initial fee, the applicant shall provide proof of ownership of the property and shall also pay all publication costs necessitated by the filing of said application.

(c)   All such applications shall be set for public hearing before the planning commission no later than the third regular meeting of the commission from the date of filing same.  Any such hearing may, for good cause, at the request of the applicant or at the request of the planning commission, be continued.  Notice of any such hearing for an amendment, revision or change in the zoning district map or provisions of this chapter shall be given as provided in Sections 19-904 and 19-905, R.R.S. 1943, as the same may, from time to time, be amended.

(d)   Upon final hearing of such application before the planning commission, the commission shall make a recommendation for final approval or denial to the city council.

(e)   Before acting upon any application for amendment, the council shall set a time and place for a hearing thereon.  Notice of any such hearing for an amendment, revision or change of the zoning district map or provisions of this chapter shall be given as provided in Sections 19-904 and 19-905, R.R.S. 1943, as the same may, from time to time, be amended. 

(f)   No person may apply for amendment, revision or change of the zoning district map or a conditional use permit within a period of six (6) months following the denial thereof by the city council of an application involving the same real property or any part thereof. 

Source:  Ord. No. 4603, § 1, 9-16-02; Ord. No. 4868, § 5, 1-17-06; Ord. No. 5135, § 18, 9-7-10

Sec. 27-39.  Amendments to flood plain overlay district.

The regulations, restrictions, and boundaries set forth in Secs. 27-241 through 27-260 of this chapter relating to development activity in flood plains, may be amended, supplemented, changed, or appealed to reflect any and all changes in the National Flood Disaster Protection Act of 1973, provided, however, that no such action may be taken until after a public hearing on the same, at which parties in interest and citizens shall have opportunity to be heard.  At least 15 days notice of the time and place of such hearing shall be published in newspaper of general circulation in the City of Norfolk.  Secs. 27-241 through 27-260 of this chapter are in compliance with the National Flood Insurance Program Regulations as published in the Federal Register, Volume 41, Number 207, dated October 26, 1976, and the 1967 Nebraska Flood Plains Regulations Act. 

Source:  Ord. No. 4603, § 1, 9-16-02

Sec. 27-40.  Amendments to planned development overlay district.

The planned development overlay district (P-D) ordinance or an approved preliminary or final development plan may be amended in the same manner prescribed for original approval.  Application for amendment may be made by the homeowner's association or fifty-one percent (51%) of the owners of the property within the planned development. 

Source:  Ord. No. 4603, § 1, 9-16-02

Sec. 27-41.  Amendments to wellhead protection overlay district.

The regulations, restrictions, and boundaries set forth in Secs. 27-271 through 27-280 of this chapter relating to development activity and land usage in the wellhead protection overlay district, may be amended, supplemented, changed, or appealed to reflect any and all changes in the Wellhead Protection Area Act (Neb. Rev. Stat. 46-1501 through 46-1509), provided, however, that no such action may be taken until after a public hearing on the same, at which parties in interest and citizens shall have opportunity to be heard.  The portion of the city's previously delineated wellhead protection area which shall be subject to the wellhead protection overlay district regulations shall be approved by Resolution of the city. 

Source:  Ord. No. § 2, 8-18-08

Secs. 27-42--27-45.  Reserved.

ARTICLE V.  NONCONFORMING USES AND STRUCTURES

Sec. 27-46.  Open storage.

The use of a lot of record for storage purposes or advertisement signs, and which contains no buildings, and which use for storage or signs is not permitted by this chapter or by an amendment thereto, shall be discontinued within one (1) year of the effective date of this chapter or any amendment thereto.

Where land within any residential zoning district contains no main buildings as distinguished from accessory buildings and fences, and where said land was used solely for open storage at the time of the effective date of an amendment to this chapter, use of such land for open storage shall be discontinued within two (2) years.

Where land is used for a nonconforming or nonstandard use and where such land contains a main building or structure in addition to open storage, said open storage shall be brought into conformance with the area, front yard, side yard, rear yard, height, unobstructed open space, and parking requirements for the district in which it is located within a period of one (1) year from the effective date of an amendment to this chapter. 

Source:  Ord. No. 4603, § 1, 9-16-02

Sec. 27-47.  Continuation of nonconforming use.

Subject to the provisions of this chapter, the lawful use of a building structure or premises existing at the time of the effective date of this chapter may continue although such use does not conform to the provisions hereof.  If no structural alterations are made, a nonconforming use may be changed to another nonconforming use of the same classification or a use permitted in a less intensive district.  For the purpose of this section, “R-1" shall be the least intensive district and “I-2" the most intensive district.

(1)       Whenever a nonconforming use has been changed to a use in a less intensive district or to a conforming use, such use shall not thereafter be changed to a use allowed in a more intensive district.

(2)       A nonconforming use not involving a building may be continued even though such use does not conform to the provisions hereof as long as the use is not enlarged in area, number or volume.

(3)       Buildings or structures containing nonconforming uses shall not be enlarged.

(4)       No structural alterations shall be allowed to buildings or structures containing nonconforming uses except those necessary to comply with state or local health, sanitary or safety code specifications which are solely necessary to insure safe living or operating conditions. 

Source:  Ord. No. 4603, § 1, 9-16-02

Sec. 27-48.  Continuation of nonstandard use.

(a)   Nonstandard uses lawfully existing at the time of the effective date of this chapter may be continued, although such uses do not conform to the provisions hereof.

(b)   Nonstandard structures and buildings may be enlarged, extended, or reconstructed, as follows:

(1)       Enlargement, extension, or reconstruction may be made as required by law or ordinance or ordered by the zoning official or his or her designee to secure the safety of the structure.

(2)       Enlargement, extension, or reconstruction of buildings or structures may be made when such changes conform to front yard, side yard, rear yard, height, and unobstructed open spaces for the district in which they are located.

(3)       Enlargement, extension, or reconstruction of buildings or structures may otherwise be made if such changes maintain the existing side yard, front yard, and rear yard setback lines of the building or structure, and do not result in a building or structure line that is closer to the property line than that which existed prior to the enlargement, extension, or reconstruction and does not result in creating an obstruction to vision which violates Sec. 27-290 of this Code. 

Source:  Ord. No. 4603, § 1, 9-16-02

Sec. 27-49.  Use becoming nonconforming by changes in law or boundaries.

Whenever the use of a building structure or premises becomes a nonconforming use through a change in the zoning regulations or district boundaries, such use may be continued and if no structural alterations are made, it may be changed to another nonconforming use in the same zoning district or a use in a less intensive district, “R-1” being less intensive and “I-2”  being a more intensive district, subject to the provisions of this chapter.  Whenever a nonconforming use has been changed to a use in a less intensive district or to a conforming use, such use shall not thereafter be changed to a more intensive nonconforming use. 

Source:  Ord. No. 4603, § 1, 9-16-02

Sec. 27-50.  Cessation of use.

In the event that a nonconforming use is discontinued, or its normal operation stopped, for a period of one year, the use of the same shall thereafter conform to the uses permitted in the district in which it is located. 

Source:  Ord. No. 4603, § 1, 9-16-02

Sec. 27-51.  Completion and restoration of buildings.

Nothing herein contained shall require any change in the plans, construction or designation of a building, the foundation for which has been completely constructed on or before the effective date as defined in Sec. 27-2, and the remaining construction of which shall have been completed within one year after such date.  In addition, any commercial or industrial building or structure, for which a permit has been approved not more than twelve (12) months prior to becoming nonconforming or nonstandard as a result of an amendment to this chapter, may be constructed according to the terms of that permit.

When a nonconforming building or structure is damaged by a fire, explosion, act of God or the public enemy, or allowed to deteriorate to the extent that more than fifty percent (50%) of the floor area requires reconstruction or to the extent of more than fifty percent (50%) of its replacement cost at the time of the damage or destruction, the nonconforming building or structure shall not be restored except in conformance with the regulations of the district in which the building is located. 

Source:  Ord. No. 4603, § 1, 9-16-02

Secs. 27-52--27-55.  Reserved.

ARTICLE VI.  CONDITIONAL USE AND SITE PLAN APPROVALS

Sec. 27-56.  Conditional uses, procedures and standards.

For the purpose of providing the most appropriate use of land throughout a district and giving a maximum consideration to the character of the district and its peculiar suitability for particular uses in the areas affected by this Code, permitted uses and conditional uses are provided for in the various district regulations of this Code.

(1)       Permitted uses.  Permitted uses are those uses permitted outright in the district.

(2)       Conditional uses.  Conditional uses are those that would not be appropriate generally throughout the zoning district without restrictions, but which, if controlled as to number, area, location, size or relation to the district and would protect the public health, safety, welfare, morals, order, comfort, convenience, appearance, prosperity or general welfare of abutting properties, citizens and the city.

a.        Procedure.  After receiving an application accompanied by a fee as set forth in Section 2-5 of this Code plus publication costs, and after a public hearing, the planning commission may authorize a conditional use permitted in a zoning district, provided it is found that the location and characteristics of the use will not be injurious to the health, safety, morals and general welfare of the area.  An application for a conditional use permit shall include a site plan which plan shall denote the location of any hazardous materials.  Notice for such hearings shall be given in the manner provided in Sections 19-904 and 19-905, R.R.S. 1943, as the same may, from time to time, be amended.

b.        Standards.  The conditional uses shall conform to the intent and purpose of these regulations, the comprehensive plan and the following requirements:

1.        The use shall in all other respects conform to the applicable regulations of the district in which it is located.

2.         Ingress and egress shall be so designed as to minimize congestion in the public street, road or highway.

3.        The planning commission (and the city council in the event of appeal) shall review and approve the conditional use permit based on the criteria set forth in Sec. 27-58 and conformance with applicable regulations in these zoning regulations.  The planning commission may stipulate and require such conditions and restrictions upon the conditional use and operation as is deemed necessary for the protection of the public interest and to secure compliance with these regulations.  All decisions of the planning commission may be appealed to the city council, by any person aggrieved by the decision of the planning commission, or any taxpayer, officer, department, board, or bureau of the city.  Such appeal must be presented to the city clerk within fifteen (15) days after the decision is made by the planning commission.  In the event of an appeal, the city council shall hold a public hearing and after doing so, the city council may reverse, affirm or modify the decision of the planning commission.  Before either the planning commission or the city council shall act on the conditional use, all publication fees necessitated by the filing of the application for conditional use shall be paid in full by the applicant.

4.        The planning commission may, at its discretion, apply a conditional use permit to a specific owner or applicant or allow such permit to run with the land.

c.         If an approved conditional use is not begun within a period of 12 months following approval, the conditional use permit shall become null and void.

d.         Failure to observe and maintain the conditions and restrictions of the conditional use permit shall be considered a violation of this chapter subject to penalty as provided herein and shall be grounds for review of the conditional use permit.  Review of a conditional use permit may be requested by the zoning official, the planning commission or by the city council.  In the event of the review of a conditional use permit as provided herein, a public hearing shall be held by the planning commission.  Notice for such hearing shall be given in the manner provided for in Sections 19-904 and 19-905, R.R.S. 1943, as the same may, from time to time, be amended.  Following said hearing, the planning commission may leave the conditional use permit unaltered, revoke the permit, or alter the permit by adding, deleting or modifying the conditions and restrictions contained in the permit.  Any decision of the planning commission regarding the review of a conditional use permit pursuant to this subsection may be appealed to the city council by any person aggrieved by the decision of the planning commission, or any taxpayer, officer, department, board, or bureau of the city.  Such appeal must be presented to the city clerk within fifteen (15) days after the decision is made by the planning commission.  In the event of an appeal, the city council shall hold a public hearing and after doing so, the city council may reverse, affirm or modify the decision of the planning commission.  Publication costs incurred in the review of a conditional use permit shall be borne by the city.

e.         If conditional use permits are issued pursuant to this chapter as a personal privilege granted to the applicant, the permit shall not be subject to transfer, voluntarily or involuntarily except that the personal representative of the estate of any deceased holder of a conditional use permit, or a partnership or limited liability company upon the death of one or more of the partners or members, may continue to exercise the privileges of the deceased or deceased partner or member of the death of such decedent until the expiration of such conditional use permit; or when a conditional use permit is issued to a husband and wife owning property as joint tenants with rights of survivorship, upon the death of one spouse, the survivor may exercise all rights and privileges under such permit in his or her own name.  The trustee of any insolvent or bankrupt permittee, may continue to exercise the privileges of the insolvent or bankrupt permittee.

f.         The city clerk shall forward to the register of deeds for recording an affidavit or such other instrument as may be deemed appropriate so as to provide notice to any person examining the real estate records of the existence of any conditional use permit and the conditions or restrictions contained in such permit.  The recording costs incurred to comply with this section shall be paid by the applicant for the conditional use permit. 

Source:  Ord. No. 4603, § 1, 9-16-02; Ord. No. 4868, § 6, 1-17-06; Ord. No. 5135, § 18, 9-7-10

Sec. 27-57.  Site plan review procedure

The city’s normal plan review procedures for all building permit applications include routine review of site plans for compliance with zoning requirements, such as setbacks, height limitations, and other development regulations.  The site plan review procedure established by this section provides for further administrative action and appeal in addition to plan review required by other sections of this Code of projects that have potentially significant effects on traffic circulation or a significant effect on land uses in adjacent neighborhoods.  The procedure provides for review and evaluation of site development features and possible mitigation of unfavorable effects on surrounding property.

(a)   Administration.  The zoning official, or his or her designee shall review, evaluate, and act on all site plans submitted pursuant to this procedure.  An applicant may appeal a denial of any application to the board of adjustment.

(b)   Uses requiring site plan review.  The following selected uses shall follow the site plan review procedure, unless otherwise subject to a conditional use permit procedure for specific zoning districts.

(1)       Multiple-family developments with 12 or more dwelling units.

(2)       Education facilities, places of religious assembly, recreation centers, and other places of general public assembly or any industrial use with a gross floor area over 20,000 square feet.

(3)       All office or commercial uses or projects with a gross floor area over 10,000 square feet.

(4)       Any use including drive-in services or operation.

(5)       Any industrial use adjacent to a residential district.

(c)   Application requirements.  An application for a site plan review may be filed by the owner(s) of a property or the owners' authorized agent with the zoning official.  The application shall include the following information:

(1)       Name and address of the applicant.

(2)       Owner, address, and legal description of the property.

(3)       A description of the nature and operating characteristics of the proposed use.

(4)       A site plan, drawn to a scale sufficient to permit adequate review and dimensioned as necessary, showing the following information:

a.        The date, scale, north point, project title, name of owner, and name of person preparing the site plan.

b.        The location and dimensions of boundary lines, easements, and required yards and setbacks of existing and proposed buildings and site improvements.

c.         The location, size, and use of proposed and existing structures on the site.

d.        The location of all proposed site improvements, including parking and loading areas, pedestrian and vehicular access, sewers, sidewalks, utilities, service areas, fencing, screening, landscaping, and lighting.

e.        Location of any major site feature, including drainage and contours at no greater than five foot intervals.

f.         Any other information that may be required for review by the zoning official, or his or her designee.

(d)   Administrative Action and Appeal.  The zoning official or his or her designee must act upon each complete application within thirty working days of filing.  An applicant may appeal a denial to the board of adjustment within thirty days of the action.  The board of adjustment shall consider the appeal at the first available meeting after the filing of the appeal.

(e)   Review and Evaluation.

(1)       The zoning official, or his or her designee (or the board of adjustment in cases of appeal), shall review and approve the site plan based on the criteria established in Sec. 27-58 and conformance with applicable regulations in these zoning regulations.

(2)       The zoning official, or his or her designee (or the board of adjustment in cases of appeal), shall make the following findings before approval of the site plan:

a)        The proposed development, together with any necessary modifications, is compatible with the criteria established in Sec. 27-58.

b)        Any required modifications to the site plan are reasonable and are the minimum necessary to minimize potentially unfavorable effects.

c)        The site plan conforms to the zoning regulations.

(f)   Modification of Site Plan.  The zoning official, or his or her designee (or the board of adjustment in cases of appeal), may require modification of a site plan as a prerequisite for approval.  Required modifications may be more restrictive than base district regulations and may include, but not be limited to, additional landscaping or screening; installation of erosion control measures; improvement of access or circulation; rearrangement of structures on the site; or other modifications deemed necessary to protect the public health, safety, welfare, community character, property values or aesthetics.

(g)   Term and Modification of Approval.

(1)       A site plan approval shall become void two years after the date of approval, unless the applicant receives a building permit and diligently carries out development prior to the expiration of this period.

(2)       The zoning official, or his or her designee, may approve an application to modify a previously approved site plan if he/she determines that the modification does not affect findings related to the criteria set forth in Sec. 27-58.

(3)       The zoning official, or his or her designee may revoke a site plan approval if he/she determines that the development is not complying with the terms and conditions of the approval. Such revocation may be appealed to the board of adjustment.

(h)   Approval to Run With Land.  An approval pursuant to this section shall run with the land until the expiration date of such approval. 

Source:  Ord. No. 4603, § 1, 9-16-02

Table 27-58.  Criteria For Site Plan Review And Conditional Use Permits.

Sec. 27-59--27-60.  Reserved.

ARTICLE VII.  DISTRICTS

DIVISION 1.  GENERALLY

Sec. 27-61.  Districts designated.

For the purposes of regulating and restricting the use of land and the erection, construction, reconstruction, alteration, moving or use of buildings, structures or land, all lands within the corporate limits and within the extraterritorial jurisdiction of the city are hereby divided into the following districts:

District A                      Agricultural District

District R-R                  Rural Residential District

District S-R                  Suburban Residential District

District R-1                  Single-family Residential District

District R-2                  One and Two Family Residential District

District R-3                  Multiple-family Residential District

District R-M                 Mobile Home District

District R-O                 Limited Residential Office District

District O-D                 Office District

District C-1                  Local Business District

District C-2                  Central Business District

District C-2A               Special Business District

District C-3                  Service Commercial District

District B-P                  Business Park District

District I-1                    Light Industrial District

District I-2                    Heavy Industrial District

District I-3                    Limited Industrial District

Source:  Ord. No. 4603, § 1, 9-16-02

Sec. 27-62.  Use Matrix and Use Lists by District.

(1)       This chapter includes lists of uses within the district regulations and a use matrix designated as Sec. 27-401.  Generally, these listed uses and the matrix are considered to be cumulative and together describe all the uses permitted within the zoning district.  In cases where the uses listed in the district regulations provide more restrictive development controls or special regulations than the use matrix provides, the listed uses in the district regulations shall be considered superior. 

(2)       Uses not listed under the district regulations or in the land use matrix set forth in Sec. 27-401 of this chapter may be placed in a suitable district classification by the zoning official after considering the zoning classification of other similar or related uses. 

Source:  Ord. No. 4603, § 1, 9-16-02

Secs. 27-63--27-70.  Reserved.

DIVISION 2.  DISTRICT A, AGRICULTURAL DISTRICT

Sec. 27-71.  Intent - District A.

The Agricultural District (A) is intended to provide for and preserve the agricultural and rural use of land, while accommodating very low density residential development generally associated with agricultural uses.  This district is designed to maintain complete agricultural uses within the Norfolk extra-territorial jurisdiction.  In addition, land included in the urban reserve in the comprehensive plan should be retained in the A district to prevent premature or inappropriate development. 

Source:  Ord. No. 4603, § 1, 9-16-02

Sec. 27-72.  Permitted uses - District A.

In District A, no building, structure, land, or premises shall be used, and no building or structure shall be hereafter erected, constructed, reconstructed, moved, or altered as a permitted use, except for one or more of the following or as provided for in Sec. 27-401: 

(1)       Agriculture, including agricultural accessory buildings without limit to total floor area.

(2)       Single-family residential dwellings.

(3)       Manufactured home dwelling as defined by Sec. 27-2. 

(4)       Churches and publicly owned and operated community buildings, public museums, public libraries.

(5)       Philanthropic institutions or other public institutions.

(6)       Publicly owned parks and playgrounds including public recreation or service buildings within such parks, public administrative buildings, police and fire stations, and public utility buildings and structures.

(7)       Schools and private schools. 

(8)       Railroad rights-of-way not including railroad yards or buildings.

(9)       Cemeteries and mortuaries.

(10)     Home occupations.

(11)     Non-agricultural accessory buildings less than the smaller of 5% of the total lot area or 3,500 square feet. The accessory building shall not be utilized for any non-residential use unless said use is a permitted use within the district.

(12)     Soil extraction for public road purposes when meeting the requirements set forth in Section 27-293.  

Source:  Ord. No. 4603, § 1, 9-16-02; Ord. 4679, § 1, 8-18-03

Sec. 27-73.  Conditional uses - District A.

In District A, the following conditional uses, as well as those provided for in Sec. 27-401, may be allowed.  Any conditional use permit shall include as minimal conditions those conditions specifically set forth in this section for each conditional use listed.  Additional conditions, stipulations, or restrictions may also be required as is deemed necessary for the protection of the public interest.

(1)       Non-agricultural accessory buildings with a combined floor area in excess of  the smaller of 5% of the total lot area or 3,500 square feet.  The accessory building shall not be utilized for any non-residential use unless said use is a permitted use within the district.

(2)       Fish hatcheries, apiaries and aviaries.

a.         Minimum lot size:  Two (2) acres.

b.         Parking shall be not be closer than fifty (50) feet to any property line and shall be screened from adjacent properties.

(3)       Fur farming for the raising of fur bearing animals.

a.         Minimum lot size:  Two (2) acres.

b.         Parking shall be screened from adjacent properties and shall not be located closer than fifty (50) feet to any property line.

c.         There shall be no processing of animals or animal pelts on the premises.

d.         No pens shall be located closer than two hundred (200) feet to any residentially zoned district.

(4)       Golf courses and customary accessory uses including club houses, driving ranges and other similar activities.

a.         No parking shall be allowed within fifty (50) feet of a property line and shall be screened from adjacent properties. 

b.         All principal or accessory structures shall be set back a minimum of one hundred (100) feet from any property line.

(5)       Hospitals, sanitariums, licensed elderly and handicapped facilities.

a.         Minimum lot size:  Two (2) acres.

b.         Parking shall be screened from adjacent properties and shall not be located closer than fifty (50) feet to any property line.

(6)       Keeping of livestock or poultry on less than ten (10) acres.

a.         Minimum lot size:  Three (3) acres.

b.         Livestock or poultry shall be located or kept not less than one hundred (100) feet from any residentially zoned district and shall not be located closer than fifty (50) feet from any property line.

(7)      Kennels, commercial.

a.         Minimum lot size:  Two (2) acres.

b.         Parking shall be screened from adjacent properties and shall not be located closer than fifty (50) feet to any property line.

c.         Buildings and pens used to breed, raise or keep animals shall be located not less than two hundred (200) feet from any residentially zoned district and shall not be located closer than one hundred (100) feet from any property line.

(8)       Nurseries, greenhouses and truck gardens.

a.         Minimum lot size:  Two (2) acres.

b.         Parking shall be screened from adjacent properties and shall not be located closer than fifty (50) feet to any property line.

c.         All buildings and structures used to store or maintain equipment or produce shall be located not closer than one hundred (100) feet to any property line.

(9)      Private recreation facilities.

a.         Minimum lot size:  Two (2) acres.

b.         Parking shall be screened from adjacent properties and shall not be located closer than fifty (50) feet to any property line.

c.         No building shall be closer than one hundred (100) feet to an adjacent property line.

d.         Outdoor lighting shall be directed so as not to cast direct light upon adjacent property.

(10)     Stables or riding tracks.

a.         Buildings or structures used to maintain or house horses shall not be located closer than one hundred (100) feet to any property line.

b.         Buildings and pens used for care or maintenance of horses shall not be located closer than two hundred (200) feet from any residentially zoned district.

c.         Maximum number of horses shall be one (1) horse per two (2) acres.

(11)     Secondary dwellings located within detached accessory buildings.

a.         Minimum lot size:  Five (5) acres.

b.         Dwelling space in the secondary dwelling shall be no greater than fifty percent (50%) of the square footage of the main dwelling.

c.         Dwelling space in the secondary dwelling shall be no greater than fifty percent (50%) of the square footage of the detached accessory building.

d.         The secondary dwelling must be separated from the remainder of the detached accessory building by a one (1) hour fire wall.

e.         Size limitations for the accessory structure must be complied with notwithstanding inclusion of the dwelling space in the accessory structure.

Source:  Ord. No. 4099, § 1, 7-17-95; Ord. No. 4238, § 2-3-97; Ord. No. 4603, § 1, 9-16-02; Ord. No. 5145, § 2, 12-20-10

Sec. 27-74.  Height and area regulations - District A.

(a)  In District A, unless otherwise specified, the maximum height and minimum lot requirements shall be as follows:

(b)  Where a lot in separate ownership as of the effective date of this chapter has less area and/or width than herein required, this regulation shall not prohibit the erection of a single-family dwelling.

(c)  Minimum first story size of a dwelling shall be six hundred fifty (650) square feet of living floor area.

(d)  Accessory buildings and structures shall comply with the requirements of Sec. 27-287. 

Source:  Ord. No. 4603, § 1, 9-16-02

DIVISION 3.  DISTRICT R-R, RURAL RESIDENTIAL DISTRICT

Sec. 27-75. Intent – District R-R

The Rural Residential District (R-R) is intended to provide for rural residential use of land, accommodating very low and low density residential environments.  It provides for the transition of agricultural land to low-density forms of residential development that are designed to combine aspects of urban living with rural life.  The district’s regulations assure that density is developed consistent with land use policies of the comprehensive plan regarding rural subdivisions; levels of infrastructure; and environmentally sensitive development practices.  It is designed for use in areas that are outside of the city’s probable urban development limit that may be unlikely to receive both city water and sewer service.  In these areas, permanent development of houses using wells or other private water supplies and septic systems or other self-contained wastewater systems are allowable. 

Source:  Ord. No. 4603, § 1, 9-16-02

Sec. 27-76.  Permitted uses – District R-R

In District R-R, no building, structure, land, or premises shall be used, and no building or structure shall be hereafter erected, constructed, reconstructed, moved, or altered as a permitted use, except for one or more of the following or as provided for in Sec. 27-401: 

(1)       Crop product.

(2)       Single-family residential.

(3)       Manufactured home dwellings.

(4)       Churches and publicly owned and operated community buildings, public museums, public libraries.

(5)       Philanthropic institutions or other public institutions.

(6)       Publicly owned parks and playgrounds including public recreation or service buildings within such parks, public administrative buildings, police and fire stations, and public utility buildings and structures.

(7)       Schools and private schools. 

(8)       Railroad rights-of-way not including railroad yards or buildings.

(9)       Cemeteries and mortuaries.

(10)     Home occupations.

(11)     Non-agricultural accessory buildings less than the smaller of 5% of the total lot area or 3,000 square feet. The accessory building shall not be utilized for any non-residential use unless said use is a permitted use within the district.

(12)     Soil extraction for public road purposes when meeting the requirements set forth in Section 27-293.  

Source:  Ord. No. 4603, § 1, 9-16-02; Ord. 4679, § 2, 8-18-03

Sec. 27-77.  Conditional uses - District R-R

In District R-R, the following conditional uses, as well as those provided for in Sec. 27-401, may be allowed.  Any conditional use permit shall include as minimal conditions those conditions specifically set forth in this section for each conditional use listed.  Additional conditions, stipulations, or restrictions may also be required as is deemed necessary for the protection of the public interest.

(1)       Non-agricultural accessory buildings with a combined area in excess of the smaller of 5% of the total lot area or 3,000 square feet.  The accessory building shall not be utilized for any non-residential use unless said use is a permitted use within the district.

(2)       Fish hatcheries, apiaries and aviaries.

a.         Minimum lot size: Two (2) acres.

b.         Parking shall be not be closer than fifty (50) feet to any property line and shall be screened from adjacent properties.

(3)       Fur farming for the raising of fur bearing animals.

a.        Minimum lot size:  Two (2) acres.

b.        Parking shall be screened from adjacent properties and shall not be located closer than fifty (50) feet to any property line.

c.        There shall be no processing of animals or animal pelts on the premises.

d.        No pens shall be located closer than two hundred (200) feet to any residentially zoned district.

(4)       Golf courses and customary accessory uses including club houses, driving ranges and other similar activities.

a.        No parking shall be allowed within fifty (50) feet of a property line and shall be screened from adjacent properties. 

b.        All principal or accessory structures shall be set back a minimum of one hundred (100) feet from any property line.

(5)       Hospitals, sanitariums, licensed elderly and handicapped facilities.

a.        Parking shall be screened from adjacent properties and shall not be located closer than fifty (50) feet to any property line.

(6)       Animal production

a.        Breeding and raising of small animals and fowl, such as birds, rabbits, chinchilla, and hamsters is permitted provided that any building housing such animals shall be at least 50 feet from any property line and 100 feet from any residentially zoned district.

b.        Any lot of one acre and over may maintain one horse, llama, or other equine and/or hoofed animal and its immature offspring.  Such a lot may have one additional animal for each additional two acres of lot area.  No stable shall be located closer than 50 feet to any dwelling unit on the site or 100 feet from any residentially zoned district.

(7)       Kennels, commercial.

a.        Minimum lot size: Two (2) acres.

b.        Parking shall be screened from adjacent properties and shall not be located closer than fifty (50) feet to any property line.

c.        Buildings and pens used to breed, raise or keep animals shall be located not less than two hundred (200) feet from any residentially zoned district and shall not be located closer than one hundred (100) feet from any property line.

(8)       Nurseries, greenhouses and truck gardens.

a.         Minimum lot size: Two (2) acres.

b.         Parking shall be screened from adjacent properties and shall not be located closer than fifty (50) feet to any property line.

c.         All buildings and structures used to store or maintain equipment or produce shall be located not closer than one hundred (100) feet to any property line.

(9)       Private recreation facilities.

a.         Minimum lot size: Two (2) acres.

b.         Parking shall be screened from adjacent properties and shall not be located closer than fifty (50) feet to any property line.

c.         No building shall be closer than one hundred (100) feet to an adjacent property line.

d.         Outdoor lighting shall be directed so as not to cast direct light upon adjacent property.

(10)     Stables or riding tracks.

a.         Buildings or structures used to maintain or house horses shall not be located closer than one hundred (100) feet to any property line.

b.         Buildings and pens used for care or maintenance of horses shall not be located closer than two hundred (200) feet from any residentially zoned district.

c.         Maximum number of horses shall be one (1) horse per two (2) acres.

(11)      Secondary dwellings located within detached accessory buildings.

a.         Minimum lot size:  Three (3) acres.

b.         Dwelling space in the secondary dwelling shall be no greater than fifty percent (50%) of the square footage of the main dwelling.

c.         Dwelling space in the secondary dwelling shall be no greater than fifty percent (50%) of the square footage of the detached accessory building.

d.         The secondary dwelling must be separated from the remainder of the detached accessory building by a one (1) hour fire wall.

e.         Size limitations for the accessory structure must be complied with notwithstanding inclusion of the dwelling space in the accessory structure.

Source:  Ord. No. 4603, § 1, 9-16-02; Ord. No. 5145, § 3, 12-20-10

Sec. 27-78.  Height and area regulations – District R-R

In District R-R, unless otherwise specified, the maximum height and minimum lot requirements shall be as follows:

Source:  Ord. No. 4603, § 1, 9-16-02

Secs. 27-79--27-80.  Reserved

DIVISION 4.  DISTRICT S-R, SUBURBAN RESIDENTIAL DISTRICT

Sec. 27-81.  Intent - District S-R.

The Suburban Residential District (S-R) is intended to provide for large lot, single-family dwelling development.  This district is intended to provide a generally stable residential area with such supporting community services as parks, playgrounds, schools and churches. 

Source:  Ord. No. 4603, § 1, 9-16-02

Sec. 27-82.  Permitted uses - District S-R.

In District S-R, no building, structure, land, or premises shall be used, and no building or structure shall be hereafter erected, constructed, reconstructed, moved, or altered as a permitted use, except for one or more of the following or as provided for in Sec. 27-401:

(1)       Single-family residential (detached).

(2)       Manufactured home dwellings.

(3)       Publicly owned and operated community buildings, public museums, public libraries. 

(4)       Publicly owned parks and playgrounds including public recreation or service buildings within such parks, public administrative buildings, police and fire stations, and public utility buildings and structures.

(5)       Schools and private schools.

(6)       Railroad rights-of-way, not including buildings or yards.

(7)       Home occupations.

(8)       Accessory buildings with a combined floor area of less than the smaller of 5% of the total lot area or 2,500 square feet. The accessory building shall not be utilized for any non-residential use unless said use is a permitted use within the district.

(9)       Soil extraction for public road purposes when meeting the requirements set forth in Section 27-293.  

Source:  Ord. No. 4603, § 1, 9-16-02; Ord. 4679, § 3, 8-18-03 

Sec. 27-83.  Conditional uses - District S-R.

In District S-R, the following conditional uses, as well as those provided for in Sec. 27-401, may be allowed.  Any conditional use permit shall include as minimal conditions those conditions specifically set forth in this section for each conditional use listed.  Additional conditions, stipulations, or restrictions may also be required as is deemed necessary for the protection of the public interest.

(1)       Accessory buildings with a combined floor area in excess of  the smaller of 5% of the total lot area or 2,500 square feet.  Accessory buildings shall not be utilized for any non-residential use unless said use is a permitted use within the district.

(2)       Churches, philanthropic institutions or other semi-public institutions.

a.         Minimum lot size:  15,000 square feet.

b.         No parking shall be located closer than ten (10) feet to any property line.  Such parking shall be screened from adjacent properties.

(3)       Golf courses and customary accessory uses including club houses, driving ranges and other similar activities.

a.         No parking shall be allowed within fifty (50) feet of a property line and shall be screened from adjacent residential properties. 

b.         All principal or accessory structures shall be set back a minimum of one hundred (100) feet from any property line.

(4)       Private stables.

a.         Minimum lot size:  Two (2) acres.

b.         Such uses shall not provide for boarding of horses or commercial related boarding operations.

c.         There shall not be more than one (1) horse per two (2) acres.

(5)       Temporary real estate offices.

a.         Such offices shall be located on property being sold and limited to the period of sale but not to exceed two (2) years.

b.         Building and setback regulations and lot size requirements shall be the same as for single-family dwellings.

(6)       Utility substations.

Facilities shall be screened from all adjacent uses.

(7)       Secondary dwellings located within detached accessory buildings.

a.         Minimum lot size:  Three (3) acres.

b.         Dwelling space in the secondary dwelling shall be no greater than fifty percent (50%) of the square footage of the main dwelling.

c.         Dwelling space in the secondary dwelling shall be no greater than fifty percent (50%) of the square footage of the detached accessory building.

d.         The secondary dwelling must be separated from the remainder of the detached accessory building by a one (1) hour fire wall.

e.         Size limitations for the accessory structure must be complied with notwithstanding inclusion of the dwelling space in the accessory structure.

Source:  Ord. No. 4099, § 1, 7-17-95; Ord. No. 4238, § 1, 2-3-97; Ord. No. 4603, § 1, 9-16-02; Ord. No. 5145, § 4, 12-20-10

Sec. 27-84.  Height and Area Regulations - District S-R.

(a)  In District S-R, unless otherwise specified, the maximum height and minimum lot requirements shall be as follows:

(b)  Where a lot in separate ownership as of the effective date of this chapter has less area and/or width than herein required, this regulation shall not prohibit the erection of a single-family dwelling.

(c)  Minimum first story size of a dwelling shall be six hundred fifty (650) square feet of living floor area.

(d)  Accessory buildings and structures shall comply with the requirements of Sec. 27-287. 

Source:  Ord. No. 4603, § 1, 9-16-02 

Secs. 27-85--27-90.  Reserved.

DIVISION 5.  DISTRICT R-1, SINGLE-FAMILY RESIDENTIAL DISTRICT

Sec. 27-91.  Intent - District R-1.

The Single-family Residential District (R-1) is intended for both developed and developing portions of the city.  This district is typically for single-family residences but does have a larger list of potential conditional uses which may be appropriate in some areas of this district. 

Source:  Ord. No. 4603, § 1, 9-16-02

Sec. 27-92.  Permitted uses - District R-1.

In District R-1, no building, structure, land, or premises shall be used, and no building or structure shall be hereafter erected, constructed, reconstructed, moved, or altered as a permitted use, except for one or more of the following or as provided for in Sec. 27-401:

(1)       Single-family residential (detached).

(2)       Manufactured home dwellings.

(3)       Churches and publicly owned and operated community buildings, public museums and public libraries.

(4)       Publicly owned parks and playgrounds, including public recreations or service buildings with such parks, public administrative buildings and police and fire stations.

(5)       Schools and private schools.

(6)       Railroad rights-of-way not including railroad yards or buildings.

(7)       Home occupations. 

(8)       Accessory buildings with a combined floor area less than the greater of 8% of the total lot area or 864 square feet, provided that no building shall exceed 2,000 square feet. The accessory building shall not be utilized for any non-residential use unless said use is a permitted use within the district.

(9)       Soil extraction for public road purposes when meeting the requirements set forth in Section 27-293.  

Source:  Ord. No. 4603, § 1, 9-16-02; Ord. 4679, § 4, 8-18-03

Sec. 27-93.  Conditional uses - District R-1.

In District R-1, the following conditional uses, as well as those provided for in Sec. 27-401, may be allowed.  Any conditional use permit shall include as minimal conditions those conditions specifically set forth in this section for each conditional use listed.  Additional conditions, stipulations, or restrictions may also be required as is deemed necessary for the protection of the public interest.

(1)       Accessory buildings with a combined floor area in excess of the greater of 8% of the total lot area or 864 square feet. The accessory building shall not be utilized for any non-residential use unless said use is a permitted use within the district. 

(2)       Golf courses and customary accessory uses including club houses and driving ranges; except that miniature golf, driving ranges and other similar activities operated as a stand-alone business shall not be allowed.

a.         No parking shall be allowed within fifty (50) feet of a property line and shall be screened from adjacent residential properties. 

b.         All principal or accessory structures shall be set back a minimum of one hundred (100) feet from any property line.

(3)       Temporary real estate offices.

a.         Such offices shall be located on property being sold and limited to the period of sale but not to exceed two (2) years.

b.         Building and setback regulations and lot size requirements shall be the same as for single-family dwellings.

Source:  Ord. No. 4238, § 1, 2-3-97; Ord. No. 4603, § 1, 9-16-02

Sec. 27-94.  Height and Area Regulations - District R-1.

(a)  In District R-1, unless otherwise specified, the maximum height and minimum lot requirements shall be as follows:

(b)  Where a lot in separate ownership as of the effective date of this chapter has less area and/or width than herein required, this regulation shall not prohibit the erection of a single-family dwelling.

(c)  Minimum first story size of a dwelling shall be six hundred fifty (650) square feet of living floor area.

(d)  Accessory buildings and structures shall comply with the requirements of Sec. 27-287. 

Source:  Ord. No. 4392, § 1, 2-1-99; Ord. No. 4603, § 1, 9-16-02 

Secs. 27-95--27-100.  Reserved.

DIVISION 6.  DISTRICT R-2, ONE AND TWO FAMILY RESIDENTIAL DISTRICT

Sec. 27-101.  Intent - District R-2.

The One and Two Family Residential District (R-2) is intended as a moderate density, single and two family dwelling district.  It recognizes existing, developed neighborhoods as well as promoting small lots for affordable housing options.  As such it is essential that the height and area requirements be maintained. 

Source:  Ord. No. 4603, § 1, 9-16-02

Sec. 27-102.  Permitted uses - District R-2.

In District R-2, no building, structure, land, or premises shall be used, and no building or structure shall be hereafter erected, constructed, reconstructed, moved, or altered as a permitted use, except for one or more of the following or as provided for in Sec. 27-401: 

(1)       Single-family residential (detached and attached).

(2)       Manufactured home dwellings.

(3)       Duplex residential.

(4)       Churches and publicly owned and operated community buildings, public museums and public libraries.

(5)       Publicly owned parks and playgrounds, including public recreations or service buildings with such parks, public administrative buildings and police and fire stations.

(6)       Schools and private schools.

(7)       Railroad rights-of-way not including railroad yards or buildings.

(8)       Home occupations.

(9)       Soil extraction for public road purposes when meeting the requirements set forth in Section 27-293.  

Source:  Ord. No. 4603, § 1, 9-16-02; Ord. 4679, § 5, 8-18-03

Sec. 27-103.  Conditional uses - District R-2.

In District R-2, the following conditional uses, as well as those provided for in Sec. 27-401, may be allowed.  Any conditional use permit shall include as minimal conditions those conditions specifically set forth in this section for each conditional use listed.  Additional conditions, stipulations, or restrictions may also be required as is deemed necessary for the protection of the public interest.

(1)       Golf courses and customary accessory uses including club houses and driving ranges; except that miniature golf, driving ranges and other similar activities operated as a stand-alone business shall not be allowed.

a.         No parking shall be allowed within fifty (50) feet of a property line and shall be screened from adjacent residential properties. 

b.         All principal or accessory structures shall be set back a minimum of one hundred (100) feet from any property line.

(2)       Temporary real estate offices.

a.         Such offices shall be located on property being sold and limited to the period of sale but not to exceed two (2) years.

b.         Building and setback regulations and lot size requirements shall be the same as for single-family dwellings.

(3)       Townhouse residential with no more than four (4) units attached in a single structure. 

Source:  Ord. No. 4603, § 1, 9-16-02

Sec. 27-104.  Height and Area Regulations - District R-2.

(a)   In District R-2, unless otherwise specified, the maximum height and minimum lot requirements shall be as follows:

(b)   Where a lot in separate ownership as of the effective date of this chapter has less area and/or width than herein required, this regulation shall not prohibit the erection of a single-family dwelling or other permitted use meeting the area requirements.

(c)   Minimum first story size of a dwelling unit shall be six hundred fifty (650) square feet of living floor area.

(d)   Zero lot lines shall be allowed for single-family detached residential structures.  Zero lot line requirements shall be as follows:

(1)       When a zero lot line is utilized:

a.         The opposite side yard shall be fourteen (14) feet.

b.         There shall be provided a five (5) foot easement on the adjoining lot for maintenance, repair, and roof drainage.

c.         In no case shall there be less than fourteen (14) feet between buildings.

d.         There shall be no openings in a wall on a zero lot line.

(2)       The zero lot line and easements shall be established on the subdivision plat.

(3)       There shall be a rear yard of at least twenty (20) feet.

(4)       A party wall agreement shall be recorded in the office of the Register of Deeds prior to issuance of a certificate of occupancy.  Such agreement shall set terms for maintenance and upkeep of the entire structure and individual units including color, materials and access for maintenance and repairs.

(e)   Accessory buildings and structures shall comply with the requirements of Sec. 27-287.  The total square footage of floor area for accessory buildings, including detached garages, shall not exceed eight hundred sixty-four (864) square feet per dwelling unit. 

Source:  Ord. No. 4132, § 1, 11-20-95; Ord. No. 4392, § 2, 2-1-99; Ord. No. 4603, § 1, 9-16-02; Ord. No. 4960, § 1, 8-6-07; Ord. No. 4966, § 1, 9-4-07; Ord. No. 5040, § 1, 11-03-08

Secs. 27-105--27-110.  Reserved.

DIVISION 7.  DISTRICT R-3, MULTIPLE-FAMILY RESIDENTIAL DISTRICT

Sec. 27-111.  Intent - District R-3.

The Multiple-family Residential District (R-3) is designed to promote a diversity of apartment living opportunities.  It will also be appropriate for older developed areas, which include single-family dwellings. 

Source:  Ord. No. 4603, § 1, 9-16-02

Sec. 27-112.  Permitted uses - District R-3.

In District R-3, no building, structure, land, or premises shall be used, and no building or structure shall be hereafter erected, constructed, reconstructed, moved, or altered as a permitted use, except for one or more of the following or as provided for in Sec. 27-401:

(1)       Single-family residential (attached and detached).

(2)       Manufactured homes.

(3)       Duplex residential.

(4)       Townhouse residential.

(5)       Multiple-family residential.

(6)       Group residential.

(7)       Boarding and lodging houses.

(8)       Fraternity or sorority houses and dormitories.   

(9)       Churches and publicly owned and operated community buildings, public museums and public libraries.

(10)     Publicly owned parks and playgrounds, including public recreations or service buildings with such parks, public administrative buildings and police and fire stations.

(11)     Schools and private schools.

(12)     Railroad rights-of-way not including railroad yards or buildings.

(13)     Home occupations.

(14)     Soil extraction for public road purposes when meeting the requirements set forth in Section 27-293.  

Source:  Ord. No. 4603, § 1, 9-16-02; Ord. 4679, § 6, 8-18-03

Sec. 27-113.  Conditional uses - District R-3.

In District R-3, the following conditional uses, as well as those provided for in Sec. 27-401, may be allowed.  Any conditional use permit shall include as minimal conditions those conditions specifically set forth in this section for each conditional use listed.  Additional conditions, stipulations, or restrictions may also be required as is deemed necessary for the protection of the public interest.

(1)       Golf courses and customary accessory uses including club houses and driving ranges; except that miniature golf, driving ranges and other similar activities operated as a stand-alone business shall not be allowed.

a.         No parking shall be allowed within fifty (50) feet of a property line and shall be screened from adjacent residential properties. 

b.         All principal or accessory structures shall be set back a minimum of one hundred (100) feet from any property line.

(2)       Temporary real estate offices.

a.         Such offices shall be located on property being sold and limited to the period of sale but not to exceed two (2) years.

b.         Building and setback regulations and lot size requirements shall be the same as for single-family dwellings.

(3)       Hospitals, sanitariums, and outpatient facilities aimed at reduction of alcoholism or drug addiction.

(4)       Private clubs or fraternal orders, except those whose chief activity is operated as a business.

a.         All parking shall be prohibited from the required front yard and shall be screened from adjacent properties.

b.         Lighted signs shall not be permitted.

(5)       Philanthropic or other charitable institutions other than penal institutions.

(6)       Bed and breakfast inn.

a.         Minimum lot size shall be 7,000 sq. ft.

b.         The rooms utilized by guests and occupants of the premises shall be in the principle residential structure.  Separate structures, accessory buildings and garages shall not be utilized as living units or sleeping rooms.

c.         The use by a guest shall be temporary only.

d.         Two (2) off-street parking spaces shall be provided for each dwelling unit plus one (1) off-street parking space for each sleeping room designated for guests, which parking areas shall not be located in the required front or side yard setback.

Source:  Ord. No. 4603, § 1, 9-16-02; Ord No. 4729, § 1, 3-1-04

Sec. 27-114.  Height and Area Regulations - District R-3.

(a)   In District R-3, unless otherwise specified, the maximum height and minimum lot requirements shall be as follows:

(b)   Where a lot in separate ownership as of the effective date of this chapter has less area and/or width than herein required, this regulation shall not prohibit the erection of a single-family dwelling or other permitted use meeting the area requirements.

(c)   Minimum first story size of a dwelling unit shall be six hundred fifty (650) square feet of living floor area.

(d)   Zero lot lines shall be allowed for single-family detached residential structures.  Zero lot line requirements shall be as follows:

(1)       When a zero lot line is utilized:

a.         The opposite side yard shall be fourteen (14) feet.

b.         There shall be provided a five (5) foot easement on the adjoining lot for maintenance, repair, and roof drainage.

c.         In no case shall there be less than fourteen (14) feet between buildings.

d.         There shall be no openings in a wall on a zero lot line.

(2)       The zero lot line and easements shall be established on the subdivision plat.

(3)       There shall be a rear yard of at least twenty (20) feet.

(4)       A party wall agreement shall be recorded in the office of the Register of Deeds prior to issuance of a certificate of occupancy.  Such agreement shall set terms for maintenance and upkeep of the entire structure and individual units including color, materials and access for maintenance and repairs.

(e)   Accessory buildings and structures shall comply with the requirements of Sec. 27-287.  The total square footage of floor area for accessory buildings, including detached garages, shall not exceed eight hundred sixty-four (864) square feet per dwelling unit. 

Source:  Ord. No. 4603, § 1, 9-16-02; Ord. No. 5040, § 2, 11-03-08; Ord. No. 5200, § 1, 2-21-12

Secs. 27-115--27-120.  Reserved.

DIVISION 8.  DISTRICT R-M, MOBILE HOME DISTRICT

Sec. 27-121.  Intent - District R-M.

The mobile home district (R-M) is intended to recognize that mobile home development, properly planned, can provide important opportunities for affordable housing.  It provides opportunities for mobile home development within planned parks or subdivisions, along with the supporting services necessary to create quality residential neighborhoods. 

Source:  Ord. No. 4603, § 1, 9-16-02

Sec. 27-122.  Permitted uses - District R-M.

In District R-M, no building, structure, land or premises shall be used, and no building or structure shall be hereafter erected, constructed, reconstructed, moved, or altered as a permitted use, except for one or more of the following or as provided for in Sec. 27-401:

(1)       Mobile home park; subject to Sec. 27-124.

(2)       Mobile home subdivision; subject to Sec. 27-125.

(3)       Publicly owned parks and playgrounds, including public recreation or service buildings within such parks, public administrative buildings within such parks, public administrative buildings, police and fire stations.

(4)       Churches, and publicly owned and operated community buildings, public museums, and public libraries.

(5)       Golf courses and clubhouses appurtenant thereto; except miniature golf courses, driving ranges and other similar activities operated as a business.

(6)       Schools and private schools.

(7)       Railroad rights-of-way, not including railroad yards or buildings.

(8)       Home occupations.

(9)       Privately owned parks, playgrounds, service buildings, and recreation structures intended only for the use by the residents of said mobile home park.

(10)     Accessory buildings and structures.

(11)     Soil extraction for public road purposes when meeting the requirements set forth in Section 27-293.

Source:  Ord. No. 4603, § 1, 9-16-02; Ord. 4679, § 7, 8-18-03

Sec. 27-123.  Height and area regulations - District R-M.

(a)  In District R-M, unless otherwise specified, the maximum height and minimum lot requirements shall be as follows:

(b)  Where a lot in separate ownership on the effective date of this chapter has less area and/or width than herein required, this section shall not prohibit the placement of a mobile home.

(c)  Minimum first story size of a dwelling shall be four hundred (400) square feet of living floor area.

(d)  Accessory buildings and structures shall comply with the requirements of Sec. 27-287.  The total square footage of floor area for accessory buildings, including detached garages, shall not exceed six hundred (600) square feet per dwelling unit. 

Source:  Ord. No. 4603, § 1, 9-16-02

Sec. 27-124.  Mobile home park development standards.

Minimum design standards for mobile home parks shall include the following:

(1)       The park shall be located on a well-drained site, properly graded to insure adequate drainage and freedom from stagnant pools of water.

(2)       Mobile home parks hereafter approved shall have a maximum density of seven (7) mobile homes per gross acre.

(3)       Minimum park area:  Ten (10) acres.

(4)       Minimum park width:  Three hundred (300) feet.

(5)       All mobile homes shall be located to maintain the following separations:

a.         End to end:  Ten (10) feet.

b.         End to side:  Ten (10) feet.

c.         Side to side:  Ten (10) feet.

d.         Mobile home to community building:  Thirty (30) feet. 

e.         Mobile home to accessory building:  Five (5) feet.

(6)       Public streets are subject to the requirements of the subdivision regulations.

(7)       If private streets are utilized, the following shall apply:

a.         On streets where parallel parking is allowed on both sides of the street, the width of the street shall be a minimum of thirty-six (36) feet exclusive of curbs.

b.         On streets where parallel parking is allowed on one side of the street, the width of the street shall be a minimum of thirty (30) feet exclusive of curbs.

c.         On streets where parking is prohibited, the width of the street shall be a minimum of twenty-four (24) feet exclusive of curbs.

(8)       All roadways shall have unobstructed access to a public street.

(9)       All roadways and sidewalks within the mobile home park shall be constructed in accordance with city standards and shall be adequately lighted.  A street must be completely constructed prior to the placement of any mobile home on said street.

(10)     Sidewalks shall be provided in locations where pedestrian traffic is concentrated and shall be installed along streets, to the entrance of the office, community building and other important facilities.  Sidewalks shall be four (4) feet in width.

(11)     A community building shall be provided which shall include at a minimum a storm shelter for park residents.  The community building may also provide recreational facilities, laundry facilities and other similar uses.

(12)     A solid or semi-solid fence or wall, minimum six (6) feet high, maximum eight (8) feet high, shall be provided between the mobile home park district and any adjoining property or property immediately across the alley which is zoned for residential purposes other than for mobile homes.  In lieu of said fence or wall, a landscape buffer may be provided not less than fifteen (15) feet in width, and said landscape buffer shall be planted with coniferous and deciduous plant material so as to provide screening for the park.  When the landscape buffer is used in lieu of the fence or wall, the landscape buffer shall not be included as any part of a required rear yard for a mobile home space.  The fence, wall, or landscape buffer shall be properly policed and maintained by the owner.

(13)     An office shall be provided for conducting business pertaining to the mobile home park.  Said office may be located in a mobile home residence.

(14)     All mobile home parks shall be developed pursuant to a plan which plan shall be subject to the following: 

a.         An applicant for mobile home park shall prepare or cause to be prepared a preliminary mobile home park plan, drawn to a scale of not less than one inch equals one hundred (100) feet, and shall be submitted to the planning commission for its review and recommendations.  Said plan shall be designed in accordance with the minimum design standards as set forth in this section and shall have contours shown at two foot intervals.

b.         Upon approval of the preliminary mobile home park plan by the planning commission, the applicant shall prepare and submit a final plan, which shall incorporate any changes or alterations requested.  The final plan and the planning commission recommendation shall be forwarded to the council for their review and final action.

c.         Any substantial deviation from the approved plan, as determined by the zoning official or his or her designee, shall constitute a violation of the zoning certificate authorizing construction of the project.  The owner of a mobile home park shall be responsible for such violations.  Changes in plans shall be resubmitted for reconsideration and approval by the planning commission and council prior to the issuance of a zoning certificate. 

Source:  Ord. No. 4603, § 1, 9-16-02

Sec. 27-125.  Mobile home subdivision development standards.

(a)   Each mobile home shall have a minimum width of ten (10) feet and contain a minimum of four hundred (400) square feet of living floor area.

(b)   All mobile homes shall be skirted and placed upon a permanent foundation in conformity with city building codes.  Such skirting shall provide a removable access panel to provide easy access to all utility hookups located within the skirted area.

(c)   All mobile homes shall meet or exceed the applicable portions of the minimum specifications of the American National Standards Institute Specification A119.1 and the applicable portions of city building codes.

(d)   All utility connections shall be in conformance with city and state codes.

(e)   A tract proposed for a mobile home subdivision shall not contain less than five (5) acres and shall be platted in accordance with subdivision regulations as set forth in Chapter 23 of this Code.

(f)   All mobile home lots shall front on a public right-of-way.

(g)   Where a mobile home subdivision abuts an area zoned for residential use other than mobile homes, a solid or semisolid fence or wall six (6) feet in height, or a buffer of trees and shrubs six (6) feet in height and fifteen (15) feet in width, shall be provided between the mobile home subdivision and the adjoining residential area.  When the landscape buffer is used in lieu of said fence or wall, the buffered area shall not be part of any required rear or side yard.

(h)   Mobile homes may be offered for sale in the mobile home subdivision by lot owners only. 

Source:  Ord. No. 4603, § 1, 9-16-02

Secs. 27-126--27-130.  Reserved.

DIVISION 9.  DISTRICT R-O, LIMITED RESIDENTIAL OFFICE DISTRICT

Sec. 27-131.  Intent - District R-O.

The Limited Residential Office District (R-O) is intended to provide stability for older residential areas along arterial streets.  Generally designated in the comprehensive plan, this district immediately abuts arterial streets in those areas of older single-family dwellings where high traffic volume or age or other factors may reduce the long term viability of single-family residential uses.  These areas are still desirable for some residential uses including multiple-family dwellings or office uses in order to preserve the character of the area.  The character of the area should be such that the office population density ratio should generally equal that required for multiple-family dwellings. 

Source:  Ord. No. 4603, § 1, 9-16-02

Sec. 27-132.  Permitted uses - District R-O.

In District R-O, no building, structure, land, or premises shall be used, and no building or structure shall be hereafter erected, constructed, reconstructed, moved, or altered as a permitted use, except for one or more of the following or as provided for in Sec. 27-401:

(1)       For all permitted uses, only existing buildings within the district may be converted internally to a permitted use. 

(2)       Single-family residential.

(3)       Manufactured home dwellings.

(4)       Townhouse residential.

(5)       Duplex residential.

(6)       Multiple-family residential.

(7)       Group Residential

(8)       Churches and publicly owned and operated community buildings, public museums and public libraries.

(9)       Publicly owned parks and playgrounds, including public recreations or service buildings with such parks, public administrative buildings and police and fire stations.

(10)     Schools and private schools.

(11)     Railroad rights-of-way not including railroad yards or buildings.

(12)     Home occupations.

(13)     Soil extraction for public road purposes when meeting the requirements set forth in Section 27-293.  

Source:  Ord. No. 4603, § 1, 9-16-02; Ord. 4679, § 8, 8-18-03

Sec. 27-133.  Conditional uses - District R-O.

In District R-O, the following conditional uses, as well as those provided for in Sec. 27-401, may be allowed.  Any conditional use permit shall include as minimal conditions those conditions specifically set forth in this section for each conditional use listed.  Additional conditions, stipulations, or restrictions may also be required as is deemed necessary for the protection of the public interest.  The exterior character of the building shall not be modified from that of the existing residential structure, other than exterior enlargements or additions required by state and city regulations.

(1)       For all conditional uses, only existing buildings within the district may be converted internally to a conditional use. 

(2)       Libraries, museums, art galleries, art centers and similar uses.

(3)       Bed and breakfast inns where the following additional provisions are met.

a.         Rooms utilized by guests and occupants of the premises should be in the principal residential structure.  Separate structures, accessory buildings and garages shall not be utilized as living units or sleeping rooms.

b.         The use by a guest shall be temporary only.

c.         Two (2) off-street parking spaces shall be provided for each dwelling unit plus one (1) off-street parking space for each sleeping room designated for guests, which parking areas shall not be located in the required front or side yard setbacks; however, existing parking spaces for offices may be used and shall count towards the number of required parking spaces.

(4)       Tea rooms.

(5)       Offices of the following uses limited to a maximum of four (4) employees including principals and located in an existing building designated and originally occupied as a dwelling.  The residential appearance of the building shall be maintained by not changing the exterior character thereof.  The following uses may be provided where the above conditions are met.

a.         Attorneys.

b.         Architects, engineers, landscape architects, city planners and other similar professional services.

c.         Insurance agents.

d.         Stockbrokers.

e.         Travel agents.

f.          Real estate agents.

g.         Research or other service oriented offices not related to the sale of goods or merchandise on the premises. 

Source:  Ord. No. 4603, § 1, 9-16-02

Sec. 27-134.  Height and Area Regulations - District R-O.

(a)   In District R-O, unless otherwise specified, the maximum height and minimum lot requirements shall be as follows:

(b)   Where a lot in separate ownership as of the effective date of this chapter has less area and/or width than herein required, this regulation shall not prohibit the erection of a single-family dwelling or other permitted use meeting the area requirements.

(c)   Accessory buildings and structures shall comply with the requirements of Sec. 27-287.  The total square footage of floor area for accessory buildings, including detached garages, shall not exceed eight hundred sixty-four (864) square feet per dwelling unit. 

Source:  Ord. No. 4392, § 4, 2-1-99; Ord. No. 4603, § 1, 9-16-02

Secs. 27-135--27-140.  Reserved.

DIVISION 10.  DISTRICT O-D, OFFICE DISTRICT

Sec. 27-141.  Intent - District O-D.

The Office District (O-D) is intended to provide a broad range of office, personal service and administrative functions.  This is a non-retail oriented district intended to be used as a transition between more intensive districts and residential uses. 

Source:  Ord. No. 4603, § 1, 9-16-02

Sec. 27-142.  Permitted uses - District O-D.

In District O-D, no building, structure, land, or premises shall be used, and no building or structure shall be hereafter erected, constructed, reconstructed, moved, or altered as a permitted use, except for one or more of the following or as provided for in Sec. 27-401: 

(1)       Corporate offices.

(2)       General offices.

(3)       Medical offices.

(4)       Photographic studios provided no goods or products are sold, stocked or inventoried on the premises.  There shall be no retail sales of equipment.

(5)       Other similar uses where no merchandise is displayed or retailed on the premises.

(6)       Multiple-family dwellings.

(7)       Ophthalmologists and optometrists including the retail sale of merchandise related to the practice of ophthalmology and optometry so long as the area being utilized for the sale of retail merchandise does not constitute more than one-third (1/3) of the total area being utilized for said ophthalmology or optometry practice.

(8)       Soil extraction for public road purposes when meeting the requirements set forth in Section 27-293.  

Source:  Ord. No. 4222, § 3, 11-18-96; Ord. No. 4386, § 1, 11-16-98; Ord. No. 4603, § 1, 9-16-02; Ord. 4679, § 9, 8-18-03

Sec. 27-143.  Conditional uses - District O-D.

In District O-D, the following conditional uses, as well as those provided for in Sec. 27-401, may be allowed.  Any conditional use permit shall include as minimal conditions those conditions specifically set forth in this section for each conditional use listed.  Additional conditions, stipulations, or restrictions may also be required as is deemed necessary for the protection of the public interest.

(1)       Mortuaries and/or funeral home services.

(2)       Lawn care services. 

Source:  Ord. No. 4603, § 1, 9-16-02

Sec. 27-144.  Height and Area Regulations - District O-D.

In District O-D, unless otherwise specified, the maximum height and minimum lot requirements shall be as follows: 

Source:  Ord. No. 4603, § 1, 9-16-02

Secs. 27-145--27-150.  Reserved.

DIVISION 11.  DISTRICT C-1, LOCAL BUSINESS DISTRICT

Sec. 27-151.  Intent - District C-1.

The Local Business District (C-1) is intended to provide a stable area of local retail and services to the surrounding neighborhoods. 

Source:  Ord. No. 4603, § 1, 9-16-02

Sec. 27-152.  Permitted uses - District C-1.

In District C-1, no building, structure, land, or premises shall be used, and no building or structure shall be hereafter erected, constructed, reconstructed, moved, or altered as a permitted use, except for one or more of the following or as provided in Sec. 27-401:

(1)       The uses specified below or allowed in this district pursuant to the land use matrix shall not include outdoor storage of material, supplies or equipment unless authorized by conditional use permit.

(2)       The uses specified below or allowed in this district pursuant to the land use matrix shall be retail or service establishments exclusively.

(3)       Corporate offices.

(4)       General offices.

(5)       Financial services.

(6)       Medical offices.

(7)       Convenience food sales.

(8)       Limited food sales.

(9)       General food sales.

(10)     Limited retail services.

(11)     Medium retail services.

(12)     Personal services.

(13)     Bowling alleys, skating rinks, and similar indoor recreational facilities.

(14)     Cocktail lounges.

(15)     Mortuary, funeral and crematory services.

(16)     Automobile service stations including parking lots.

(17)     Cafeterias and restaurants not including drive-up windows.

(18)     Schools including private schools, dance, music or other occupational or hobby activities.

(19)     Off-sale of alcoholic liquor, beer or wine.

(20)     Soil extraction for public road purposes when meeting the requirements set forth in Section 27-293.  

Source:  Ord. No. 4603, § 1, 9-16-02; Ord. 4679, § 10, 8-18-03

Sec. 27-153.  Conditional uses - District C-1.

In District C-1, the following conditional uses, as well as those provided for in Sec. 27-401, may be allowed.  Any conditional use permit shall include as minimal conditions those conditions specifically set forth in this section for each conditional use listed.  Additional conditions, stipulations, or restrictions may also be required as is deemed necessary for the protection of the public interest.

(1)       Residential located above the ground floor only.

(2)       Outdoor storage of materials.

(3)       Cafeterias and restaurants utilizing drive-up windows or lanes.

(4)       Supermarket.

(5)       Lawn care. 

Source:  Ord. No. 4603, § 1, 9-16-02

Sec. 27-154.  Height and area regulations - District C-1.

In District C-1, unless otherwise specified, the maximum height and minimum lot requirements shall be as follows:

Source:  Ord. No. 4603, § 1, 9-16-02; Ord. No. 4796, § 1, 5-2-05

Secs. 27-155--27-160. Reserved.

DIVISION 12.  DISTRICT C-2, CENTRAL BUSINESS DISTRICT

Sec. 27-161.  Intent - District C-2.

The Central Business District (C-2) is intended to be a general purpose broad based retailing district.  It will contain business and commercial activities which serve the entire city. 

Source:  Ord. No. 4603, § 1, 9-16-02

Sec. 27-162.  Permitted uses - District C-2.

In District C-2, no building, structure, land, or premises shall be used, and no building or structure shall be hereafter erected, constructed, reconstructed, moved, or altered as a permitted use, except for one or more of the following or as provided for in Sec. 27-401:

(1)       The uses specified below or allowed in this district pursuant to the land use matrix shall not include outdoor storage of material, supplies or equipment; however, outdoor storage of registered motor vehicles shall not be prohibited.

(2)       Mortuary, funeral and crematory services. 

(3)       Bowling alleys, dance halls, skating rinks, taverns, nightclubs and similar commercial recreation buildings.

(4)       Cafeterias and restaurants not including drive-up windows or drive-up lanes, where people are not served in automobiles.

(5)       Schools including private schools, dance, music or other occupational or hobby activities. 

(6)       Off-sale of alcoholic liquor, beer or wine.

(7)       Radio, television stations and broadcasting studios except towers.

(8)       Corporate offices.

(9)       General offices.

(10)     Financial services.

(11)     Medical offices.

(12)     Convenience food sales.

(13)     Limited food sales.

(14)     General food sales.

(15)     Limited retail services.

(16)     Medium retail services.

(17)     Personal services.

(18)     Cocktail lounges.

(19)     Passenger transportation facilities.

(20)     Soil extraction for public road purposes when meeting the requirements set forth in Section 27-293.  

Source:  Ord. No. 4603, § 1, 9-16-02; Ord. 4679, § 11, 8-18-03; Ord. No. 5147, § 2, 12-20-10

Sec. 27-163.  Conditional uses - District C-2.

In District C-2, the following conditional uses, as well as those provided for in Sec. 27-401, may be allowed.  Any conditional use permit shall include as minimal conditions those conditions specifically set forth in this section for each conditional use listed.  Additional conditions, stipulations, or restrictions may also be required as is deemed necessary for the protection of the public interest.

(1)       Motor vehicle or boat sales rooms or yards.

a.         No outdoor storage of supplies shall be allowed.

b.         No dismantled vehicles or parts shall be stored or displayed outside of buildings.

(2)       Dry cleaning establishments.  No explosive cleaning fluids may be used.

(3)       Automobile service stations, provided that all motor vehicle fuel storage tanks are located below the surface of the ground.

(4)       Hospitals for small animals and pets.  All animals shall be kept within an enclosed building.

(5)       Shops for custom work or manufacturing of articles to be sold at retail on the premises.

a.         The space occupied by the manufacturing activity shall not exceed fifty percent (50%) of the total floor area of the entire building.

b.         Any manufacturing in conjunction with such work shall not produce noxious or offensive vibrations, noise, odor, dust, smoke or gas.

(6)       Residential located above the ground floor only.

(7)       Nightclubs. 

Source:  Ord. No. 4603, § 1, 9-16-02

Sec. 27-164.  Height and area regulations - District C-2.

In District C-2, unless otherwise specified, the maximum height and minimum lot requirements shall be as follows:

Source:  Ord. No. 4603, § 1, 9-16-02; Ord. No. 5198, § 1, 2-6-12

Secs. 27-165--27-170.  Reserved.

DIVISION 13.  DISTRICT C-2A, SPECIAL BUSINESS DISTRICT

Sec. 27-171.  Intent - District C-2A.

The Special Business District (C-2A) is intended to be a general purpose broad based retailing district.  It will contain business and commercial activities which serve the entire city. 

Source:  Ord. No. 4603, § 1, 9-16-02

Sec. 27-172.  Permitted uses - District C-2A.

In District C-2A, no building, structure, land, or premises shall be used, and no building or structure shall be hereafter erected, constructed, reconstructed, moved, or altered as a permitted use, except for one or more of the following or as provided for in Sec. 27-401:

(1)       The uses specified below or allowed in this district pursuant to the land use matrix shall not include outdoor storage of material, supplies or equipment; however, outdoor storage of registered motor vehicles shall not be prohibited.

(2)       Mortuary, funeral and crematory services.

(3)       Convenience food sales.

(4)       Limited food sales.

(5)       Corporate offices.

(6)       General offices.

(7)       Financial services.

(8)       Medical offices.

(9)       Limited retail services.

(10)     Medium retail services.

(11)     Personal services.

(12)     Bowling alleys, dance halls, skating rinks, taverns, nightclubs and similar commercial recreation buildings.

(13)     Cafeterias and restaurants not including drive-up windows or lanes, where people are not served in automobiles.

(14)     Schools including private schools, dance, music or other occupational or hobby activities.

(15)     Soil extraction for public road purposes when meeting the requirements set forth in Section 27-293.  

Source:  Ord. No. 4603, § 1, 9-16-02; Ord. 4679, § 12, 8-18-03; Ord. No. 5147, § 3, 12-20-10

Sec. 27-173.  Conditional uses - District C-2A.

In District C-2A, the following conditional uses, as well as those provided for in Sec. 27-401, may be allowed.  Any conditional use permit shall include as minimal conditions those conditions specifically set forth in this section for each conditional use listed.  Additional conditions, stipulations, or restrictions may also be required as is deemed necessary for the protection of the public interest.

(1)       Apartment houses designed as one structure or as a group of structures.

(2)       Residential above the ground floor only. 

Source:  Ord. No. 4603, § 1, 9-16-02

Sec. 27-174.  Height and area regulations - District C-2A.

In District C-2A, unless otherwise specified, the maximum height and minimum lot requirements shall be as follows:

Source:  Ord. No. 4603, § 1, 9-16-02; Ord. No. 5198, § 2, 2-6-12

Secs. 27-175--27-180.  Reserved.

DIVISION 14.  DISTRICT C-3, SERVICE COMMERCIAL DISTRICT

Sec. 27-181.  Intent - District C-3.

The Service Commercial District (C-3) is intended to provide areas around the city to provide for general business, commercial and service activities.  It is also intended to provide business oriented areas adjacent to major arterials and expressways with special design considerations in order to insure safe and efficient circulation and attractive appearance. 

Source:  Ord. No. 4603, § 1, 9-16-02

Sec. 27-182.  Permitted uses - District C-3.

In District C-3, no building, structure, land, or premises shall be used, and no building or structure shall be hereafter erected, constructed, reconstructed, moved, or altered as a permitted use, except for one or more of the following or as provided for in Sec. 27-401:

(1)       Convenience food sales.

(2)       Limited food sales.

(3)       General food sales.

(4)       Supermarkets.

(5)       Financial services.

(6)       Limited retail services.

(7)       Medium retail services.

(8)       Mass retail services.

(9)       Personal services.

(10)     Theaters, motels, hotels.

(11)     Frozen food lockers for individual or family use.

(12)     Gymnasiums.

(13)     Motor vehicle and boat sales and services.

(14)     Soil extraction for public road purposes when meeting the requirements set forth in Section 27-293.

(15)     Automobile and other motor vehicle repair services including engine overhaul, major repair, bodywork and limited truck repair services so long as any area being utilized for truck repair services does not constitute more than one-third (1/3) of the total area being utilized for automobile services described herein.

Source:  Ord. No. 4603, § 1, 9-16-02; Ord. 4679, § 13, 8-18-03; Ord. No. 5087, § 1, 9-8-09

Sec. 27-183.  Conditional uses - District C-3.

In District C-3, the following conditional uses, as well as those provided for in Sec. 27-401, may be allowed.  Any conditional use permit shall include as minimal conditions those conditions specifically set forth in this section for each conditional use listed.  In the event a conditional use in this district abuts upon residentially zoned property, a solid or semi-solid fence or wall at least six (6) feet but not more than eight (8) feet high, finished on both sides, shall be provided; or a ten (10) foot landscape buffer consisting of shrubs (3 to 4 feet apart) and evergreens (6 to 14 feet apart) planted to provide an effective visible screen, may be provided along the property line and maintained by the owner or owners of property.  Additional conditions, stipulations, or restrictions may also be required as is deemed necessary for the protection of the public interest.

(1)       Miniature golf courses.

All lighting shall be directed away from adjoining or adjacent residential districts.

(2)       Mini-storage or self-storage.

All material or property shall be maintained in a completely enclosed building that is partitioned into units.  Each unit within the storage area shall be designed to be leased to the general public for storage but not for the conducting of business.

a.         The depth of the rear yard shall not be less than twenty-five (25) feet or twenty percent (20%) of the lot depth, whichever is less, for all one (1) to two and one-half (2½) story buildings.

b.         The depth of the rear yard shall not be less than thirty (30) feet for all three (3) or more story buildings.

(3)       Mobile and mobile home sales including use of either for office. 

Source:  Ord. No. 4603, § 1, 9-16-02

Sec. 27-184.  Height and area regulations - District C-3.

In District C-3, unless otherwise specified, the maximum height and minimum lot requirements shall be as follows:

Source:  Ord. No. 4603, § 1, 9-16-02; Ord. No. 4796, § 2, 5-2-05;  Ord. No. 5015, § 1, 7-7-08

Secs. 27-185--27-190.  Reserved.

DIVISION 15.  DISTRICT B-P, BUSINESS PARK DISTRICT

Sec. 27-191.  Intent – District B-P.

The Business Park District is intended to promote the development of planned business parks that accommodate corporate offices, research facilities, and structures which can combine office, distribution, and limited industrial uses.  These facilities serve a more regional audience, but may provide services to local residents.  They are characterized by extensive landscaping, abundant parking facilities, and good visual and pedestrian relationships among buildings. 

Source:  Ord. No. 4603, § 1, 9-16-02

Sec. 27-192.  Permitted uses – District B-P.

In District B-P, no building, structure, land, or premises shall be used, and no building or structure shall be hereafter erected, constructed, reconstructed, moved, or altered as a permitted use, except for one or more of the following or as provided for in Sec. 27-401:

(1)       Corporate offices.

(2)       General offices.

(3)       Medical offices.

(4)       Financial services.

(5)       Light industrial uses.

(6)       Warehousing and distribution.

(7)       Restaurants.

(8)       Personal services.

(9)       General industrial uses.

(10)     Ophthalmologists and optometrists including the retail sale of merchandise related to the practice of ophthalmology and optometry so long as the area being utilized for the sale of retail merchandise does not constitute more than one-third (1/3) of the total area being utilized for said ophthalmology or optometry practice.

(11)     Soil extraction for public road purposes when meeting the requirements set forth in Section 27-293.

(12)     Automobile and other motor vehicle repair services including engine overhaul, major repair, body work and limited truck repair services so long as any area being utilized for truck repair services does not constitute more than one-third (1/3) of the total area being utilized for automobile services described herein. 

Source:  Ord. No. 4603, § 1, 9-16-02; Ord. 4679, § 14, 8-18-03; Ord. No. 5087, § 2, 9-8-09

Sec. 27-193.  Conditional uses - District B-P.

In District B-P, the following conditional uses, as well as those provided for in Sec. 27-401, may be allowed.  Any conditional use permit shall include as minimal conditions those conditions specifically set forth in this section for each conditional use listed.  Additional conditions, stipulations, or restrictions may also be required as is deemed necessary for the protection of the public interest.

(1)       Limited retail services.

(2)       Medium retail services. 

Source:  Ord. No. 4603, § 1, 9-16-02

Sec. 27-194.  Height and area regulations – District B-P.

Source:  Ord. No. 4603, § 1, 9-16-02

DIVISION 16.  DISTRICT I-1, LIGHT INDUSTRIAL DISTRICT

Sec. 27-195.  Intent - District I-1.

The Light Industrial District (I-1) is intended to provide for manufacturing, storage, production and associated retail activities. 

Source:  Ord. No. 4603, § 1, 9-16-02

Sec. 27-196.  Permitted uses - District I-1.

In District I-1, no building, structure, land, or premises shall be used, and no building or structure shall be hereafter erected, constructed, reconstructed, moved, or altered as a permitted use, except for one or more of the following or as provided for in Sec. 27-401:

(1)       Agricultural implement sales and services.

(2)       Light industrial uses.

(3)       General industrial uses.

(4)       Passenger and freight transportation facilities and yards.

(5)       Dog pounds, if within an enclosed building.

(6)       Lumber yards and planing mills.

(7)       Manufactured housing sales and service.

(8)       Ophthalmologists and optometrists including the retail sale of merchandise related to the practice of ophthalmology and optometry so long as the area being utilized for the sale of retail merchandise does not constitute more than one-third (1/3) of the total area being utilized for said ophthalmology or optometry practice.

(9)       Sales rooms, yards and service for contractors' equipment and oil well supplies.

(10)     Veterinary hospitals.

(11)     Warehouse and distribution, including personal storage warehouses.

(12)     Wholesale produce markets.

(13)     Accessory uses customarily incidental to any of the foregoing uses.

(14)     Soil extraction for public road purposes when meeting the requirements set forth in Section 27-293.

(15)     Automobile and other motor vehicle repair services including engine overhaul, major repair, body work and limited truck repair services so long as any area being utilized for truck repair services does not constitute more than one-third (1/3) of the total area being utilized for automobile services described herein. 

Source:  Ord. No. 4603, § 1, 9-16-02; Ord. 4679, § 14, 8-18-03; Ord. No. 5087, § 3, 9-8-09

Sec. 27-197.  Conditional uses - District I-1.

In District I-1, the following conditional uses, as well as those provided for in Sec. 27-401, may be allowed.  Any conditional use permit shall include as minimal conditions those conditions specifically set forth in this section for each conditional use listed.  Additional conditions, stipulations, or restrictions may also be required as is deemed necessary for the protection of the public interest.

(1)       Truck repair shops where all repair work is done within an enclosed building and where all inoperable trucks, materials, or parts are stored within an enclosed building, except that truck trailers and tractors awaiting repair need not be stored within an enclosed building.  

(2)       One single-family residential dwelling unit for watchman or caretaker of facility operating as a permitted use in this district. 

Source:  Ord. No. 4603, § 1, 9-16-02

Sec. 27-198.  Height and area regulations - District I-1.

In District I-1, unless otherwise specified, the maximum height and minimum lot requirements shall be as follows:

Source:  Ord. No. 4603, § 1, 9-16-02; Ord. No. 5015, § 2, 7-7-08; Ord. No. 5198, § 3, 2-6-12

Secs. 27-199--27-200.  Reserved.

DIVISION 17  DISTRICT I-2, HEAVY INDUSTRIAL DISTRICT

Sec. 27-201.  Intent - District I-2.

The Heavy Industrial District (I-2) is intended to provide for manufacturing, storage, production, and associated activities. 

Source:  Ord. No. 4603, § 1, 9-16-02

Sec. 27-202.  Permitted uses - District I-2.

In District I-2, no building, structure, land or premises shall be used and no building or structure shall be hereafter erected, constructed, reconstructed, moved, or altered as a permitted use, except for one or more of the following or as provided for in Sec. 27-401

(1)       Uses similar to those permitted in District I-1.

(2)       Light industrial uses.

(3)      General industrial uses.

(4)       Passenger and freight transportation facilities and yards.

(5)       Grain elevators, flour mills, feed mills and grain processing.

(6)       Ophthalmologists and optometrists including the retail sale of merchandise related to the practice of ophthalmology and optometry so long as the area being utilized for the sale of retail merchandise does not constitute more than one-third (1/3) of the total area being utilized for said ophthalmology or optometry practice.

(7)       Storage in bulk of such materials as brick, building materials, cement, coal, gravel, grease, hay, ice, lead, lime, machinery, metals, oil, plaster, poultry, roofing, rope, sand, stone, tar, tarred or creosoted products, terra cotta, timber, wood, or wool.

(8)       Accessory uses customarily incidental to the above uses.

(9)      Soil extraction for public road purposes when meeting the requirements set forth in Section 27-293.  

Source:  Ord. No. 4603, § 1, 9-16-02; Ord. 4679, § 16, 8-18-03; Ord. 5197, § 1, 2-6-12

Sec. 27-203.  Conditional uses - District I-2.

In District I-2, the following conditional uses, as well as those provided for in Sec. 27-401, may be allowed.  Any conditional use permit shall include as minimal conditions those conditions specifically set forth in this section for each conditional use listed.  Additional conditions, stipulations, or restrictions may also be required as is deemed necessary for the protection of the public interest.

(1)       Heavy industrial uses.

(2)       Single-family residential unit for watchman or caretaker of industrial plant.

(3)       Livestock sales.

(4)       Landfills and solid waste disposal facilities.

(5)       Auto salvage and junkyards; provided, such yard is completely surrounded by a solid wall or fence not less than six (6) feet high. 

Source:  Ord. No. 4603, § 1, 9-16-02; Ord. 5197, § 1, 2-6-12

Sec. 27-204.  Height and area regulations - District I-2.

In District I-2, unless otherwise specified, the maximum height and minimum lot requirements shall be as follows:

Source:  Ord. No. 4603, § 1, 9-16-02; Ord. No. 5198, § 4, 2-6-12

Secs. 27-205--27-210.  Reserved.

DIVISION 18.  DISTRICT I-3, LIMITED INDUSTRIAL DISTRICT

Sec. 27-211.  Intent - District I-3.

The Limited Industrial District (I-3) is intended to provide for manufacturing.  Tracts of land in this district may or may not have been designated as an industrial area (county industrial tract) by the county board pursuant to Nebraska statutes. 

Source:  Ord. No. 4603, § 1, 9-16-02

Sec. 27-212.  Permitted uses - District I-3.

In District I-3, no building, structure, land, or premises shall be used, and no building or structure shall be hereafter erected, constructed, reconstructed, moved, or altered as a permitted use, except for one or more of the following or as provided for in Sec. 27-401:

(1)       Apparel or garment manufacturing.

(2)       Bakeries manufacturing.

(3)       Beverage bottling and manufacturing.

(4)       Canning and preserving factories.

(5)       Dairy products manufacturing.

(6)       Drug and pharmaceutical manufacturing.

(7)       Electric and electronic machinery manufacturing.

(8)       Fats and oils manufacturing excluding animal rendering.

(9)       Food (prepared) and manufacturing including ice plants.

(10)     Furniture and fixtures manufacturing.

(11)     Glass and glassware manufacturing including clay, plaster and gypsum products.

(12)     Grain and feed mills.

(13)     Instruments manufacturing used for engineering, scientific and research purposes.

(14)     Jewelry manufacturing including costume jewelry.

(15)     Leather and leather products manufacturing.

(16)     Machinery and engine manufacturing.

(17)     Manufactured and modular home manufacturing.

(18)     Medical instruments and supplies manufacturing.

(19)     Metal (fabricated) manufacturing including hand tools and general hardware.

(20)     Musical instrument manufacturing.

(21)     Optical instrument manufacturing.

(22)     Paper, paperboard and allied products manufacturing excluding pulp mills.

(23)     Pen, pencil and artists material manufacturing.

(24)     Photographic equipment and supplies manufacturing.

(25)     Publishing, bookbinding and industries which provide specialized services to commercial printers; but excluding commercial print shops.

(26)     Sugar and confectionery refining and manufacturing.

(27)     Textile manufacturing.

(28)     Toy, amusement and sporting goods manufacturing.

(29)     Transportation equipment manufacturing.

(30)     Utility installations.

(31)     Warehousing and storage.

(32)     Watches, clocks and clock operated devices manufacturing.

(33)     Wood products manufacturing.

(34)     Miscellaneous manufacturing.

(35)     Wholesale trade activities which are subordinate accessory uses to the above permitted uses. 

(36)     Accessory uses customarily incidental to the above uses.

(37)     Soil extraction for public road purposes when meeting the requirements set forth in Section 27-293.  

Source:  Ord. No. 4603, § 1, 9-16-02; Ord. 4679, § 17, 8-18-03

Sec. 27-213.  Conditional Uses - District I-3 - Reserved.

Sec. 27-214.  Height and area regulations - District I-3.

In District I-3, unless otherwise specified, the maximum height and minimum lot requirements shall be as follows:

Source:  Ord. No. 4603, § 1, 9-16-02; Ord. No. 5198, § 5, 2-6-12

Sec. 27-215.  Outdoor storage of material.

All uses permitted in District I-3 shall be performed within an enclosed structure or building.  Outdoor storage of materials shall be screened from adjoining streets and residential districts by a solid or semi-solid fence, wall or evergreen hedge six (6) feet in height. 

Source:  Ord. No. 4603, § 1, 9-16-02

Secs. 27-216--27-220.  Reserved.

ARTICLE VIII.  SPECIAL AND OVERLAY DISTRICTS

DIVISION 1.  MIXED USE SPECIAL DISTRICT

Sec. 27-221.  Intent.

The Mixed Use District (M-U) is intended to accommodate projects which combine several compatible land uses into an integrated development.  The M-U District may also be used to predesignate parts of the city which are appropriate for a mixture of residential, commercial, office, and accessory uses.  The District permits mixing residential areas with workplaces and services.  Development in the M-U District must accommodate transportation systems, pedestrian and bicycle movement, and surrounding environments.  The M-U District may be enacted as either a base district or an overlay district in combination with another base district. 

Source:  Ord. No. 4603, § 1, 9-16-02

Sec. 27-222.  Permitted Uses.

Each ordinance establishing an M-U District establishes the use types permitted within its boundaries. 

Source:  Ord. No. 4603, § 1, 9-16-02

Sec. 27-223.  Site Development Regulations.

(a)   The minimum area of any M-U District is one acre. 

(b)   Prior to the issuance of any building permits or other authorization, all projects in the M-U District shall receive approval by the city council, following a recommendation by the planning commission.  This approval may be granted for a specific plan for the development of an M-U District in lieu of a plan for individual projects, provided that any subsequent developments are consistent with the specific plan. 

Source:  Ord. No. 4603, § 1, 9-16-02

Sec. 27-224.  Procedure for application.

Applications for approval must contain at a minimum the following information:

(1)       A detailed site map, including:

a.   A boundary survey.

b.   Site dimensions.

c.   Contour lines at no greater than five foot intervals.

d.   Adjacent public rights-of-way, transportation routes, and pedestrian or bicycle systems.

e.   Description of adjacent land uses.

f.    Utility service to the site and easements through the site.

g.   Description of other site features, including drainage, soils, or other considerations that may affect development.

(2)       A development plan, including:

a.   A site layout, including the location of proposed buildings, parking, open space, and other facilities.

b.   Location, capacity, and conceptual design of parking facilities.

c.   Description of the use of individual buildings.

d.   Description of all use types to be included in the project or area, and maximum floor area devoted to each general use.

e.   Maximum height of buildings.

f.    Schematic location and design of open space on the site, including a landscaping plan.

g.   Vehicular and pedestrian circulation plan, including relationship to external transportation systems.

h.   Schematic building elevations and sections if required to describe the project.

i.    Grading plans.

j.    Proposed sewer and utility improvements.

k.   Location, sizes, and types of all proposed signage.

(3)       Specific proposed development regulations for the project, including:

a.   The specific use types permitted within the proposed district.

b.   Maximum floor area ratios.

c.   Front, side, and rear yard setbacks.

d.   Maximum height.

e.   Maximum building and impervious coverage.

f.    Design standards applicable to the project.

(4)       A traffic impact analysis, if required by the city. 

Source:  Ord. No. 4603, § 1, 9-16-02

Sec. 27-225.  Adoption of District

(1)       The planning commission and city council shall review and evaluate each Mixed Use District application.  The city may impose reasonable conditions, as deemed necessary to ensure that a mixed use development shall be compatible with adjacent land uses, will not overburden public services and facilities and will not be detrimental to public health, safety and welfare.

(2)       The planning commission, after proper notice, shall hold a public hearing and act upon each application.

(3)       The planning commission may recommend amendments to Mixed Use District applications.

(4)       The recommendation of the planning commission shall be transmitted to the city council for final action.

(5)       The city council, after proper notice, shall hold a public hearing and act upon any ordinance establishing a Mixed Use District.  Proper notice shall mean the same notice established for any other zoning amendment.

(6)       An ordinance adopting a Mixed Use District shall require a favorable simple majority of the city council for approval.

(7)       Upon approval by the city council, the development plan shall become a part of the ordinance creating or amending the Mixed Use District.  All approved plans shall be filed with the city clerk. 

Source:  Ord. No. 4603, § 1, 9-16-02

Sec. 27-226.  Amendments

The zoning official is authorized at his or her discretion to approve amendments to an approved development plan, provided that:

(1)       A written request is filed with the zoning official, along with information specifying the exact nature of the proposed amendment.

(2)       The amendment is consistent with the provisions of this section.

(3)       The amendment does not alter the approved site regulations of the development plan and does not materially alter other aspects of the plan, including traffic circulation, mixture of use types, and physical design.

(4)       Any amendment not conforming to these provisions shall be submitted to the planning commission and city council for action. 

Source:  Ord. No. 4603, § 1, 9-16-02

Secs. 27-227--27-230.  Reserved.

DIVISION 2.  PLANNED DEVELOPMENT OVERLAY DISTRICT

Sec. 27-231.  Intent - Planned Development Overlay.

The Planned Development Overlay District (P-D overlay) is an overlay district supplementing the existing permitted uses and is intended to permit the private or public development or redevelopment of areas throughout the city which shall be in accordance with the goals and objectives of the comprehensive plan.  The land use patterns of the areas involved shall provide a desirable environment and shall be harmonious to the general surrounding uses permitting flexibility in overall development while insuring adequate safeguards and standards for public health, safety, convenience, and general welfare.  The district is intended to allow a limited number of uses not otherwise permitted in the underlying zoning district. 

Source:  Ord. No. 4603, § 1, 9-16-02

Sec. 27-232.  Permitted uses - Planned Development Overlay.

In the planned development overlay district, permitted uses shall be allowed as follows:

(1)       Permitted and conditional uses allowed in the zoning district underlying the planned development or P-D overlay designation.

(2)       Permitted uses listed in the A, R-R, S-R, R-1, R-2, R-3, R-M, R-O, O-D, C-1, C-2, C-2A, C-3, B-P and I-1 Districts in an area not to exceed twenty percent (20%) of the total P-D overlay size including required parking and setbacks; however, in general, permitted uses of the underlying zoning district shall be developed first.

(3)       The underlying zoning district height, bulk and setback requirements may be varied to promote an efficient and creative P-D overlay. 

Source:  Ord. No. 4603, § 1, 9-16-02

Sec. 27-233.  Procedure for application - Planned Development Overlay.

The person applying for a planned development overlay designation shall submit the following material for review and recommendation by the planning commission.

(1)       A survey of the exact area for which the P-D overlay designation is being requested.  (Scale: 1" = 50')

(2)       An abstracter's certificate listing all owners of property for which the P-D overlay designation is being requested.

(3)       A topographical map of the entire subject area at a contour interval showing two foot changes in elevation.  This map shall indicate all natural and manmade features. (Scale: 1" = 50')

(4)       A preliminary plan of the entire subject area drawn in such detail as to show the land uses being requested, the densities being proposed, where applicable, the system of collector streets, signs and off-street parking system.  If private streets or common areas are proposed, the applicant shall submit general information as to their design, location and maintenance, including proposed articles and bylaws for a homeowners association if such association is to own the streets or common areas.

(5)       A written statement explaining in detail the full intent of the applicant indicating the specifics of the development plan as it relates to the type of dwelling units contemplated and resultant population; the extent of nonresidential development and the resultant traffic generated and parking demands created; and providing supporting documentation such as but not limited to market studies, supporting land use request, and the intended scheduling of development.

(6)       Written consent to P-D overlay designation of all owners of land for which P-D overlay designation is requested. 

Source:  Ord. No. 4603, § 1, 9-16-02

Sec. 27-234.  Preliminary plan review - Planned Development Overlay.

(a)   Following a public hearing and subsequent review and recommendations by the planning commission, the city council may approve, modify or deny without public hearing the preliminary plan.  Approval shall be given only upon a finding by the council that:

(1)       The proposal, with such use and design, would meet the intent of the comprehensive plan; and

(2)       The proposed P-D overlay designation contains a minimum of one (1) acre as it is not the intention of this district to be an unrelated parcel-by-parcel rezoning.

(b)   City council approval shall include the following conditions:

(1)       Approval shall be effective for a period of one (1) year;

(2)       No development shall take place on an area that has been given preliminary approval until the final plan is approved and adopted by the council; and

(3)       Approval of the preliminary plan by the city council shall not constitute approval of the final site plan.  It shall be deemed as approval of the land use plan submitted and shall serve as a guide in the preparation of the final plan. 

Source:  Ord. No. 4603, § 1, 9-16-02; Ord. No. 5053, § 1, 3-2-09

Sec. 27-235.  Final plan review - Planned Development Overlay.

Within a period of one (1) year from the date of approval of the preliminary plan, the applicant shall submit the final plan for review by the planning commission.  The final plan shall include the following:

(1)       A final overall site plan for the entire area being requested under this P-D overlay designation.  This plan shall detail specific uses, building location, off-street parking, street alignment changes, open spaces and other physical plan components being proposed.  Supporting documentation in the form of conceptual building design and schedule of construction shall be submitted.

(2)       The final plan shall reflect the use patterns as approved in the preliminary plan.  Standards for building size, signs and off-street parking shall be equal to standards set forth in the underlying district.  Where the developer has demonstrated that alternative standards would not result in negative impact on surrounding properties, the council may grant variances from the strict application of these regulations with conditions as are necessary to insure compatibility with adjacent uses and zoning.

(3)       All dedications of public rights-of-way or planned public open spaces shall be made prior to any construction taking place on the site.  Private streets, common areas or other land to be held in common shall be deeded to a homeowners association or business association.

(4)       In residential areas, any common open space may be deeded to an association of all owners of property within the planned development, either as right in fee or easement, and shall be retained as open space for park, recreation and related uses for residents of the planned development.  All lands dedicated shall meet the requirements of the city council to the public. 

Source:  Ord. No. 4603, § 1, 9-16-02

Sec. 27-236.  Final plan approval - Planned Development Overlay.

(a)   Upon review and recommendation by the planning commission and following public hearing, the city council shall approve, modify or deny the final plan.

(b)   Upon approval of a final plan, the city council shall by ordinance designate the property as a planned development with a P-D overlay designation in accordance with the final plan.

(c)   The final plan approved by the council shall become an integral part of the ordinance creating or amending the P-D overlay designation.  All approved plans shall be filed with the city clerk.  All development within the planned development shall be in compliance with the final plan as adopted by ordinance. 

Source:  Ord. No. 4603, § 1, 9-16-02

Sec. 27-237.  Abandonment - Planned Development Overlay.

(a)   If the applicant chooses to abandon an approved preliminary plan or an approved final plan, notice shall be given to the city in writing.  Upon receipt of such notice of abandonment, the planning commission shall initiate proceedings to remove the P-D overlay designation.

(b)   If the applicant fails to submit a final plan or plans within the time limits that are made a part of the preliminary plan, or fails to substantially commence the construction included in an approved final plan within 18 months of the approval date of the final plan, and has not applied for an extension to the above time limits from the city, the city may revoke its approval of the preliminary plan or final plan and shall so notify the applicant.  If, within 30 days of receipt of the notice of such revocation, the applicant does not present to the city an application for reinstatement of the preliminary plan or final plan, the city shall consider that the plan in question has been abandoned and the P-D overlay designation shall be removed. 

Source:  Ord. No. 4603, § 1, 9-16-02

Sec. 27-238.  Amendments - Planned Development Overlay.

After the application for a planned development has been approved, including the specific final plan required under this article, the zoning official is authorized to approve amendments to the final plan, provided that:

(1)       A request for amendment is filed with the city, together with all information pertinent to the proposed amendments;

(2)       Such amendment shall not violate any regulations set forth in this chapter;

(3)       Such amendment may provide for minor relocation or increases in total floor area, and storage space originally permitted;

(4)       There is no increase in the number of dwelling units;

(5)       No reduction is made to the applicable setback or yard requirements;

(6)       No public land is accepted;

(7)       Such amendment shall not be contrary to the general purpose and intent of this chapter;

(8)       Any amendment not in conformance with this section shall be submitted to the planning commission in the same manner as an original application for P‑D overlay designation. 

Source:  Ord. No. 4603, § 1, 9-16-02

Secs. 27-239--27-240.  Reserved.

DIVISION 3.  FLOOD PLAIN OVERLAY DISTRICT

Sec. 27-241.  Flood Insurance Program.

The City of Norfolk, Nebraska has recognized the National Flood Insurance Program (NFIP), as delineated by the Federal Emergency Management Agency of the United States Government by the adoption of Ordinance No. 3488, passed and approved on June 15, 1987, by the City of Norfolk, Nebraska. 

Source:  Ord. No. 4603, § 1, 9-16-02

Sec. 27-242.  Definitions - Flood Plain Overlay District.

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

Actuarial rates or “risk premium rates” shall mean those rates established by the Federal Insurance Administrator pursuant to individual community studies and investigations which are undertaken to provide flood insurance in accordance with 42 U.S.C. 4014 and the accepted actuarial principles.  Actuarial rates include provisions for operating costs and allowances.

Appeal shall mean a request for a review of the building official's (local administrator) interpretation of any provision of this chapter or a request for a variance.

Area of shallow flooding shall mean a designated AO or AH zone on a community's Flood Insurance Rate Map (FIRM) with a one percent or greater annual chance of flooding to an average depth of one to three feet where a clearly defined channel is unpredictable and where velocity flow may be evident.  Such flooding is characterized by ponding or sheet flow.

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

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

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

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

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

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

Flood or Flooding shall mean a general and temporary condition of partial or complete inundation of normally dry land areas from the overflow of inland or tidal waters, or the unusual and rapid accumulation of runoff of surface waters from any source.

Flood elevation - ten year shall mean the flood elevation which has a probability of being equaled or exceeded once in ten years.

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

Flood insurance study shall mean the official report provided by the Federal Emergency Management Agency.  The report contains flood profiles, as well as the Flood Boundary Floodway Map and the water surface elevation of the base flood.

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

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

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

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

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

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

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

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

Mobile home (flood plain overlay) shall mean 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 connected to the required utilities.  For flood plain management purposes, the term “mobile home (flood plain overlay)” includes a manufactured home dwelling which is not set on a permanent foundation and also includes park trailers, travel trailers, and other similar vehicles placed on a site for greater than 180 consecutive days.  For insurance purposes, the term “mobile home (flood plain overlay)” does not include park trailers, travel trailers, and other similar vehicles.

Mobile home park or subdivision (flood plain overlay) shall mean a parcel (or contiguous parcels) of land divided into two or more mobile home spaces or lots for rent or sale.

New construction shall mean structures for which the “start of construction” or substantial improvement is commenced on or after the effective date of the FIRM.

Start of construction (for other than new construction or substantial improvements under the Coastal Barrier Resources Act (Pub. L. 97-348) includes substantial improvement) shall mean the date the building permit was issued, provided the actual start of construction, repair, reconstruction, 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 dwelling 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.

Structure (flood plain overlay) shall mean a walled and roofed building that is principally above ground, as well as a manufactured home dwelling, and a gas or liquid storage tank that is principally above ground.

Substantial improvement shall mean any repair, reconstruction, or improvement of a structure, the cost of which equals or exceeds fifty percent (50%) of the market value of the structure either, (1) before the improvement or repair is started, or (2) if the structure has been damaged and is being restored, before the damage occurred.  For the purpose of this definition, “substantial improvement” is considered to occur when the first alteration of any wall, ceiling, floor, or other structural part of the building commences, whether or not that alteration affects the external dimensions of the structure.  The term does not, however, include either (1) any project for improvement of a structure to comply with existing, state or local health, sanitary, or safety code specifications which are solely necessary to assure safe living conditions, or (2) any alteration of a structure listed on the National Register of Historic Places or a State Inventory of Historic Places.

Variance (flood plain overlay) shall mean a grant of relief to a person from the requirements of this division which permits construction in a manner otherwise prohibited by this division where specific enforcement would result in unnecessary hardship.

100-year flood shall mean the base flood having a one percent chance of actual occurrence. 

Source:  Ord. No. 4603, § 1, 9-16-02

Sec. 27-243.  Statement of purpose - Flood Plain Overlay.

It is the purpose of this division to promote the public health, safety and general welfare and to minimize those flood losses resulting from periodic inundation which result in loss of life, property, or health or create safety hazards or the disruption of commerce and governmental services and which may cause 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, by applying the provisions of this division to:

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

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

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

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

Source:  Ord. No. 4603, § 1, 9-16-02

Sec. 27-244.  General provisions - Flood Plain Overlay.

(a)   This division shall apply to all lands within the jurisdiction of the City of Norfolk, Nebraska identified on the Flood Insurance Rate Map (FIRM) as numbered and unnumbered A Zones and/or within the zoning overlay districts FW and FF defined in Sec. 27-246 of this division.  In all areas covered by this division, no development shall be permitted except upon a permit to develop granted by the governing body or its duly designated representative under such safeguards and restriction as they may reasonably impose for the promotion and maintenance of the general health, welfare, and safety of the inhabitants of the community and where specifically noted in Secs. 27-247, 27-248, and 27-249 of this Code.

(b)   The zoning official or his or her designee of the community is hereby designated as the council's duly designated enforcement officer.

(c)   The boundaries of the floodway and floodway fringe overlay districts shall be determined by scaling distances on the official zoning map.  Where interpretation is needed to the exact location of the boundaries of the districts as shown on the official zoning map, as for example where there appears to be a conflict between a mapped boundary and actual field conditions, the enforcement officer shall make the necessary interpretations.  In such cases where the interpretation is contested, the board of adjustment will resolve the dispute.  The base flood elevation for the point in question shall be the governing factor in locating the district boundary on the land.  The person contesting the location of the district boundary shall be given a reasonable opportunity to present his or her case to the board and to submit his or her own technical evidence, if so desired.

(d)   No development located within known flood areas of the community shall be located, extended, converted or structurally altered without full compliance with the terms of this division and other applicable regulations.

(e)   It is not intended by this division to repeal, abrogate or impair any existing easements, covenants, or deed restrictions.  However, where this division imposes greater restrictions, the provision of this division shall prevail. 

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

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

(h)   Where a request for a permit to develop is denied by the enforcement officer, the applicant may apply for variance directly to the board of adjustment.  The board may grant or deny such request by appropriate resolution adopted within 30 days after the date of such application. 

Source:  Ord. No. 4603, § 1, 9-16-02

Sec. 27-245.  Development permit - Flood Plain Overlay.

(a)   Permit required.  No person, firm or corporation shall initiate any development or substantial improvement or cause the same to be done without first obtaining a separate permit for development for each such building or structure.

(b)   Administration.

(1)       The enforcement officer is hereby appointed to administer and implement the provisions of this division.

(2)       The duties of the enforcement officer shall include, but not be limited to:

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

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

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

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

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

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

g.         When floodproofing is utilized for a particular structure, the enforcement officer shall be presented certification that the floodproofing requirements in Sec. 27-248 have been met or exceeded from a registered professional engineer or architect.

(3)       Application for permit.

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

a.         Identify and describe the work to be covered by the permit.

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

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

d.         Be accompanied by plans and specifications for proposed construction.

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

f.          Give such other information as reasonably may be required by the enforcement officer. 

Source:  Ord. No. 4603, § 1, 9-16-02

Sec. 27-246.  Establishment of zoning districts - Flood Plain Overlay.

The mapped flood plain areas within the jurisdiction of this division are hereby divided into the two following districts as identified in the official flood plain study:  A floodway overlay district (FW) and a floodway fringe overlay district (FF).  Within these districts all uses not meeting the standards of this division and those standards of the underlying zoning district shall be prohibited.  These zones shall be consistent with the numbered and unnumbered A zones as identified on the official FIRM when identified in the flood insurance study provided by the Federal Insurance Administration. 

Source:  Ord. No. 4603, § 1, 9-16-02

Sec. 27-247.  Standards for the floodway overlay district and the floodway fringe overlay district.

(a)   No permit for development shall be granted for new construction, substantial improvement and other improvements including the placement of manufactured home dwellings within the identified flood plain unless the conditions of this section are satisfied.

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

(c)   New construction, subdivision proposals, substantial improvements, prefabricated buildings, placement of manufactured home dwellings and other developments shall require:

(1)       Design or anchorage to prevent flotation, collapse or lateral movement due to flooding.

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

(3)       Construction with materials resistant to flood damage, utilizing methods and practices that minimize flood damages, and with electrical, heating, ventilation, plumbing, and air conditioning equipment and other service facilities that are designed and/or located so as to prevent water from entering or accumulating within the components during conditions of flooding.

(4)       All utility and sanitary facilities be elevated or floodproofed one foot above the regulatory flood protection elevation.

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

(6)       Storage of material and equipment.

a.         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.

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

(7)       Subdivision proposals and other proposed new development, including mobile home parks or subdivisions, be required to assure 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 mobile home parks and subdivisions) of five (5) acres or fifty (50) lots, whichever is lesser, include within such proposals the regulatory flood elevation. 

Source:  Ord. No. 4603, § 1, 9-16-02

Sec. 27-248.  Floodway fringe overlay district.

(a)  Permitted uses.  Any use permitted in Sec. 27-249 shall be permitted in the Floodway Fringe Overlay District.  No use shall be permitted in the district unless the standards of Sec. 27-247 are met.

(b)  Standards for the floodway fringe overlay district.

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

(2)       Require new construction or substantial improvements of nonresidential structures to have the lowest floor, including basement, elevated one foot above the base flood elevation or, together with attendant utility and sanitary facilities be floodproofed so that below such a level the structure is water tight with walls substantially impermeable to the passage of water and with structural components having the capability of resisting hydrostatic and hydrodynamic loads and effects of buoyancy.  A registered professional engineer or architect shall certify that the standards of this subsection are satisfied. 

(3)       Require for all new construction and substantial improvements that fully enclosed areas below the lowest floor that are subject to flooding shall be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwaters.  Designs for meeting this requirement must either be certified by a registered professional engineer or architect or meet or exceed the following minimum criteria:

a.         A minimum of two openings having a total net area of not less than one square inch for every square foot of enclosed area subject to flooding shall be provided. 

b.         The bottom of all openings shall be no higher than one foot above grade. 

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

(4)       Within AH zones, adequate drainage paths around structures on slopes shall be required in order to guide floodwaters around and away from proposed structures.

(c)  Mobile homes.

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

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

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

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

d.         Any additions to the mobile home be similarly anchored.

(2)       Require that all mobile homes placed within Zones A1-30, AH and AE on the community's FIRM, be elevated on a permanent foundation such that the lowest floor of the mobile home is at or above the base flood elevation; and be securely anchored to an adequately anchored foundation system in accordance with the provisions of this section.

(d)  Located within the areas of special flood hazard established in Sec. 27-244 are areas designated as AO Zones.  These areas have special flood hazards associated with base flood depths of 1 to 3 feet where a clearly defined channel does not exist and where the path of flooding is unpredictable and indeterminate; therefore, the following provisions apply within AO Zones:

(1)       All new construction and substantial improvements of residential structures shall have the lowest floor (including basement) elevated above the highest adjacent grade at least as high as one foot above the depth number specified in feet on the community's FIRM or if no depth number is specified, at least two feet above the highest adjacent grade.

(2)       All new construction and substantial improvements of nonresidential structures shall:

a.         Have the lowest floor (including basement) elevated above the highest adjacent grade at least as high as one foot above the depth number specified in feet on the community's FIRM or if no depth number is specified, at least two feet above the highest adjacent grade; or

b.         Together with attendant utility and sanitary facilities be completely floodproofed to or above that level so that any space below that level is watertight with walls substantially impermeable to the passage of water and with structural components having the capability of resisting hydrostatic and hydrodynamic loads and effects of buoyancy.  Such certification shall be provided to the enforcement officer as set forth in Sec. 27-245.

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

Source:  Ord. No. 4603, § 1, 9-16-02

Sec. 27-249.  Floodway overlay district.

(a)   Permitted uses.  Only uses having a low flood damage potential and not obstructing flood flows shall be permitted within the floodway overlay district to the extent that they are not prohibited by any other provisions of this Code and provided they do not require structures, fill, or storage of materials or equipment.  No use shall increase the flood levels of the base flood elevation.  These uses are subject to the standards of Secs. 27-247 and 27-248 and include:

(1)       Agricultural uses such as general farming, pasture, nurseries, forestry.

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

(3)       Nonresidential areas such as loading areas, parking, airport landing strips.

(4)       Public and private recreational uses such as golf courses, archery ranges, picnic grounds, parks, wildlife and nature preserves. 

(b)   New placement of residential structures including mobile homes is prohibited within the identified floodway (FW) areas.

(c)   Replacement of mobile homes in existing mobile home parks and subdivisions is prohibited.

(d)   In Zone A unnumbered, the enforcement officer may obtain, review and reasonably utilize any floodway data available through federal, state or other sources or Sec. 27-247 of this division, in meeting the standards of this section. 

Source:  Ord. No. 4603, § 1, 9-16-02

Sec. 27-250.  Variance procedures - Flood Plain Overlay.

(a)   The board of adjustment as established by the city shall hear and decide appeals and requests for variances from the requirements of this division.

(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 enforcement officer in the enforcement or administration of this division.

(c)   In passing upon such applications, the board of adjustment shall consider all technical evaluation, all relevant factors, standards specified in other sections of this division; and

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

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

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

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

(5)       The necessity to the facility of a waterfront location, where applicable;

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

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

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

(9)       The safety of access to the property in times of flood for ordnance and emergency vehicles;

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

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

(d)   Conditions for variances.  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, provided the following items have been fully considered.  As the lot size increases beyond the one-half acre, the technical jurisdiction required for issuing the variance increases.

(1)       Variances may be issued for the reconstruction, rehabilitation or restoration of structures listed on the National Register of Historic Places or the State Inventory of Historic Places, without regard to the procedures set forth in the remainder of this section.

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

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

(4)       Variances shall only be issued upon (1) a showing of good and sufficient cause, (2) a determination that failure to grant the variance would result in exceptional hardship to the applicant, and (3) a determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, create nuisances, cause fraud on or victimization of the public, or conflict with existing local laws or ordinances.

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

(6)       Any person aggrieved by the decision of the board of adjustment or any taxpayer may appeal such decision as provided in Section 19-912, R.R.S. 1943, as the same may, from time to time, be amended. 

Source:  Ord. No. 4603, § 1, 9-16-02

Sec. 27-251.  Nonconforming use - Flood Plain Overlay.

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

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

(2)       If such use is discontinued for twelve (12) consecutive months, any future use of the building or premises shall conform to this division. 

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

(4)       When any nonconforming use or structure is destroyed by any means, including flood, to the extent that more than fifty percent (50%) of the floor area requires reconstruction or to the extent of more than fifty percent (50%) of its replacement cost at the time of the damage or destruction, the nonconforming use or structure shall not be restored within those areas identified as floodway (FW).  This limitation does not include the cost of any alteration to comply with existing state or local health, sanitary, building, or safety codes or regulations or the cost of any alteration of a structure listed on the National Register of Historic Places or a State Inventory of Historic Places. 

Source:  Ord. No. 4603, § 1, 9-16-02

Sec. 27-252.  Amendments to flood plain regulations.

Amendments of Secs. 27-241 through 27-260 shall be made pursuant to the provisions of Sec. 27-39 of this chapter. 

Source:  Ord. No. 4603, § 1, 9-16-02

Secs. 27-253 – 27-260. Reserved.

DIVISION 4.  AIRPORT OVERLAY DISTRICT

Sec. 27-261.  Intent - Airport Overlay.

The Airport Overlay District is intended to restrict development on land surrounding the municipal airport to provide protection for those aircraft utilizing the airspace within for takeoffs, landings and other maneuvers. 

Source:  Ord. No. 4603, § 1, 9-16-02

Sec. 27-262.  Scope and map - Airport Overlay.

(a)   This division shall apply to such lands situated between the boundaries of the municipal airport and a line three (3) miles distant therefrom in all directions which lie within the corporate limits of the city or two miles therefrom.  This area within three (3) miles of the boundaries of the municipal airport shall be known as the airport hazard area, and shall be regulated as provided herein.

(b)   The boundaries, approach zones, transition zones, and turning zones of said airport area are as indicated on the official airport zoning map. 

Source:  Ord. No. 4603, § 1, 9-16-02

Sec. 27-263.  Description of hazard area - Airport Overlay.

(a)   The hazard area consists of approach zones, turning zones, and transition zones.  The outer boundary of the hazard area is composed of a series of connected tangents and simple curves which also constitute the outer boundaries of the approach and turning zones.

(b)   The inner boundary of the hazard area is a boundary line consisting of a series of intersecting tangents, five hundred (500) feet from and parallel to the center line of the instrument runway or landing strip and two hundred fifty (250) feet from and parallel to the respective center lines of all other runways or landing strips and connecting the inner boundaries of adjacent zones at the ends of the runways, landing strips or proposed runways or landing strips. 

Source:  Ord. No. 4603, § 1, 9-16-02

Sec. 27-264.  Zone descriptions - Airport Overlay.

(a)   An “approach zone” shall be located at each end of each existing or proposed runway, landing strip or other portion of the airfield used regularly, or to be used regularly, for the landing or taking off of airplanes.  Such approach zones shall begin one hundred (100) feet beyond the ends of their respective landings and at such beginning shall be one thousand (1000) feet in width for instrument runway or landing strip and five hundred (500) feet in width for all other runways or landing strips and shall extend and expand uniformly centered along the extended center line of the respective landing strip to the outer boundary of the approach zone at a rate of thirty (30) feet of width for each one hundred (100) feet of horizontal length for the instrument runway or landing strip and twenty (20) feet in width for each one hundred (100) feet of horizontal length for all other runways.

(1)       The “inner area” of each approach zone shall be that portion of the approach zone beginning one hundred (100) feet beyond the end of the respective or proposed landing strip and extending to the intersection of the controlling glide angle with a plane one hundred fifty (150) feet above the highest elevations of the end of the respective runway or landing strip.

(2)       The “outer area” of each approach zone shall be the area between the inner area of the approach zone and the outer limit of the approach zone.

(b)   The “turning zones” shall comprise all portions of the hazard area not contained in the approach zones and in the transition zones.  The outer limits of the turning zones shall be a series of points forming a line which is a horizontal distance of three (3) statute miles from the nearest points of the airport's property line boundary.

(c)   The “transition zones” shall be the area bounded by the inner boundary of the hazard area, the sides of contiguous inner areas of approach zones and the outer limits of the transition zones; said outer limits of the transition zones being the intersections, at elevations one hundred fifty (150) feet above the highest elevations at the ends or edges of the closest runway or landing strip, or proposed runway or landing strip, of a series of contiguous planes originating from bases established by the inner boundary of the hazard and the edges of adjacent inner areas of approach zones.  Said planes rising from their respective bases at the rate of one foot vertically to seven (7) feet horizontally to the lines of intersection previously referred to. 

Source:  Ord. No. 4603, § 1, 9-16-02

Sec. 27-265.  Height regulations - Airport Overlay.

No building, transmission line, communication line, pole, tree, smokestack, chimney, wires, tower or other structure or appurtenance thereto of any kind or character shall hereafter be erected, constructed, repaired or established, nor shall any tree or other object of natural growth be allowed to grow:

(1)       In inner areas of approach zones to a height above the elevation of the nearest point on the end or proposed end of said instrument runway or landing strip in excess of one-fiftieth, and all other runways or landing strips in excess of one-fortieth, of the distance from the said point to said structure or object;

(2)       In the outer areas of approach zone and in turning zones to a height in excess of one hundred fifty (150) feet above the elevation at the end or proposed end of the runway or landing strip;

(3)       In the transition zones to a height above plane forming the transition slopes;

(4)       In the existing or proposed runways or landing strips to a height above the existing or proposed finished grade of said runways or landing strips.

In the outer area of approach zones and within the turning zones, these height regulations shall not apply to construction or planting which is no higher than seventy-five (75) feet above the elevation of the end of the nearest runway or landing strip. 

Source:  Ord. No. 4603, § 1, 9-16-02

Sec. 27-266.  Permit - Airport Overlay.

(a)   It shall hereafter be unlawful to erect, construct, reconstruct, repair, or establish any building, transmission line, communication line, pole, tree, tower, smokestack, chimney, wires, or other structure or appurtenance thereto of any kind or character or to plant or replant any tree or other object of natural growth, within the boundary of the hazard of said airport without first obtaining a permit from the zoning official or his or her designee.

(b)   An application for a permit as required under these regulations shall be made upon a form to be available in the office of the zoning official or his or her designee, and shall indicate the approximate location, ground elevation with reference to the elevation at the end of the nearest runway or landing strip and height of the proposed structure or planting. 

Source:  Ord. No. 4603, § 1, 9-16-02

Sec. 27-267.  Nonconforming structures - Generally - Airport Overlay.

Within the hazard area as previously defined, a nonconforming building, transmission line, communication line, pole, tree, smokestack, chimney, wires, tower or other object or appurtenance thereto of any kind or character, or object of natural growth may hereafter be replaced, substantially reconstructed, repaired, altered, replanted or allowed to grow to a height which does not constitute a greater hazard to air navigation than that which existed prior to June 29, 1959 which was the effective date of this division of the Code.  In the event a nonconforming structure or object of natural growth has been abandoned for a period of twelve (12) months or more, it may be reconstructed only at a height complying with the provisions of this division or pursuant to the terms of any conditional use permit granted as authorized by the Chapter.  Transmission lines and communication lines as referred to in these regulations shall be interpreted to mean all poles, wires, guys and all other equipment necessary for the operation and maintenance of same within the zone regulated.  

Source:  Ord. No. 4603, § 1, 9-16-02; Ord. No. 4625, § 1, 1-6-03

Sec. 27-268.  Nonconforming structures - marking - Airport Overlay.

Whenever the zoning official or his or her designee shall determine, or shall be notified by the Nebraska Department of Aeronautics that a specific nonconforming structure or objects have existed prior to the effective date of this division, within the zoned area previously described at such a height or in such a position as to constitute a hazard to the safe operation of aircraft landing at or taking off from the airport, the owner and the lessor of the premises on which such structure or object is located shall be notified in writing by the zoning official or his or her designee and shall within a reasonable time permit the marking thereof by suitable lights or other signals designated by the zoning official or his or her designee and based on recommendations of the Nebraska Department of Aeronautics.  The cost of such marking shall not be assessed against the owner or lessor of said premise. 

Source:  Ord. No. 4603, § 1, 9-16-02

Sec. 27-269.  Administrative agency - Airport Overlay.

The zoning official or his or her designee shall administer and enforce this division and shall have all the powers and perform all the duties of the administrative agency as provided by the Airport Zoning Act of this state. 

Source:  Ord. No. 4603, § 1, 9-16-02

Sec. 27-270.  Board of zoning adjustment - Airport Overlay.

The board of zoning adjustment shall be the board of adjustment with respect to this division, to have and exercise the powers conferred by statute and such others powers and duties as are conferred and imposed by law. 

Source:  Ord. No. 4603, § 1, 9-16-02

DIVISION 5.  WELLHEAD PROTECTION OVERLAY DISTRICT

Sec. 27-271.  Intent - Wellhead Protection Overlay.

The intent of this Wellhead Protection Overlay District is to overlay any of the primary zoning districts herein established and described in Article VII of this Chapter which may be applicable to land contained within the officially designated wellhead protection areas of the city in order to minimize the potential for contamination of the groundwater in the areas surrounding the city's water supply wells through regulation of land uses which have the potential for contamination of the groundwater source(s) from which said municipal wells derive water. 

Source:  Ord. No. 5025, § 3, 8-18-08

Sec. 27-272.  Prerequisite requirements - Wellhead Protection Overlay.

Prior to any application of this district to any lands within the city and/or its extraterritorial zoning jurisdiction area, the city shall have first complied with all other requirements of the Wellhead Protection Area Act (Neb. Rev. Stat. 46-1501 through 45-1509) and the additional requirements listed as follows:

a)        Delineation of the wellhead protection area(s) based upon a twenty (20) year time of travel recharge zone, as defined by the Nebraska Department of Environmental Quality.

b)        Completion and mapping of an inventory of potential contamination sources within the wellhead protection area(s), including identification of known abandoned wells and/or wells not in use.

c)        Formulation of emergency/contingency/long-range plans in the event of disruption of the supply of water from wells in the wellhead protection area(s).

d)        Formulation and implementation of an ongoing public involvement/education program to permit public comment in the establishment of a Wellhead Protection Plan (WHPP), including a plan to provide public information regarding the WHPP and voluntary cooperation with the same.

e)        Development of a plan to install and maintain Wellhead Protection Area signs on roadways around the wellhead protection area(s). 

Source:  Ord. No. 5025, § 3, 8-18-08

Sec. 27-273.  Limitation on application - Wellhead Protection Overlay.

This district may only be applied to lands within wellhead protection areas based upon a twenty (20) year time of travel recharge zone, as defined by the Nebraska Department of Environmental Quality.  In the event the boundaries of any such wellhead protection area(s) do not follow easily identifiable boundaries such as roads, rivers, creeks, section, quarter section or quarter-quarter section lines, the boundaries of such areas shall be expanded to, but not beyond, the nearest such lines to avoid confusion and added administrative costs associated with in-the-field determination of such boundaries. 

Source:  Ord. No. 5025, § 3, 8-18-08

Sec. 27-274.  Amendment of Official Zoning Map - Wellhead Protection Overlay.

Whenever the requirements of Section 27-272 of this Code have been complied with, and the Norfolk Planning Commission and City Council have conducted public hearings regarding application of this district in accordance with Article IV of this Chapter and the City Council has acted to approve the application of a Wellhead Protection Overlay District, the boundaries of such wellhead protection area (overlay district), defined in accordance with Section 27-273 above, shall be indicated on the Norfolk, Nebraska Official Zoning Map and such map amendment shall be signed in accordance with the requirements of Article IV of this Chapter. 

Source:  Ord. No. 5025, § 3, 8-18-08

Sec. 27-275.  Permitted uses and structures - Wellhead Protection Overlay.

Any use or structure indicated as a permitted use in the primary zoning district(s) on which this Wellhead Protection Overlay is overlain, shall be permitted in accordance with the zoning permit requirements set forth in such primary zoning district(s), except when specifically prohibited in Sec. 27-277 of this Code and except when an otherwise permitted use is listed as a conditional use in Sec. 27-276 of this Code.  All such permitted uses shall comply with any additional wellhead protection restrictions applicable to such uses as set forth in Sec. 27-278 of this Code. 

Source:  Ord. No. 5025, § 3, 8-18-08

Sec. 27-276.  Conditional uses and structures - Wellhead Protection Overlay.

a.   Any use listed as a conditional use in the primary zoning district(s) on which this Wellhead Protection Overlay is overlain, except the uses specifically prohibited in Section 27-277 of this Code, may be authorized as a conditional use in accordance with the requirements and procedures specified in Article VI of this Chapter, provided the authorization of any conditional use shall include at least the condition that any use so authorized shall comply with all applicable requirements and restrictions of Sec. 27-278 of this Code.

b.   In addition to the conditional uses authorized above, non-residential, septic and/or on-site wastewater treatment systems may be granted as a conditional use within the Wellhead Protection Overlay District. 

Source:  Ord. No. 5025, § 3, 8-18-08

Sec. 27-277.  Prohibited uses and structures - Wellhead Protection Overlay.

Uses and structures, which are prohibited in the primary zoning district(s) on which this district is overlain, shall be prohibited and, regardless of whether prohibited in the primary zoning district(s), the following uses, activities and structures shall be specifically prohibited on any land area on which this district is applied:

a.         Medium or Large Concentrated Animal Feeding Operations as defined in Nebraska Title 130 (Livestock Waste Control Regulations), and associated waste handling facility uses.

b.         Stockpiling of livestock manure, paunch, or sludge.

c.         Containment of liquid livestock waste, manure, paunch, or sludge.

d.         Landfills and refuse recycling centers.

e.         Sand, gravel, or limestone mining operations.

f.          Chemical reclamation facilities.

g.         Hazardous waste impoundment facilities.

h.         Salvage (junk) yards of all types.

i.          Non-residential septic and/or on-site wastewater treatment systems, unless a conditional use permit is issued as authorized in Section 27-276(b). 

Source:  Ord. No. 5025, § 3, 8-18-08

Sec. 27-278.  Wellhead protection requirements and restrictions - Wellhead Protection Overlay.

The following requirements and restrictions shall apply to all uses within any land areas on which this district is applied:

a)        Storage of gasoline, diesel fuel, fuel oil or other similar fuels, whether on a farm or ranch or in association with any other use, shall comply with the rules and regulations of Title 126 (Rules and Regulations Pertaining to Management of Waste), Title 159 (Underground Fuel Storage Tanks), and the National Fire Protection Association Code 30, administered by the Nebraska Department of Environmental Quality or other responsible agency or department.  In addition, storage of gasoline, diesel fuel, fuel oil or other similar fuels in excess of one hundred forty (140) gallons within two hundred (200) feet of any well, whether on a farm or ranch or in association with another land use and whether or not such fuels are stored on, above or below ground, shall include an impervious liner or shall include double wall construction.

b)        Fuel storage associated with any irrigation engine, including any portable fuel storage tanks shall be equipped with an impervious containment area, or double wall construction, in accordance with Chapter 34 of the International Fire Code, 2006 edition, the National Fire Protection Association Code 30, and with Title 126 (Rules and Regulations Pertaining to the Management of Waste), administered by the Nebraska Department of Environmental Quality, in the event of a release.

c)        No new fuel storage in excess of one hundred forty (140) gallons shall be permitted within one thousand (1,000) feet of any municipal well.

d)        Bulk storage of fertilizers, herbicides, pesticides and other materials other than fuels, determined by the United States Environmental Protection Agency to be hazardous materials, shall be prohibited, except when a conditional use for such use is authorized and such authorization includes a condition that all such uses shall comply with the applicable rules and regulations of Title 118 (Groundwater Quality Standards and Use Classifications), Title 119 (National Pollutant Discharge Elimination System Permits), Title 126 (Rules and Regulations Pertaining to the Management of Waste), Title 128 (Nebraska Hazardous Waste Regulations), Title 159 (Rules and Regulations Pertaining to Underground Fuel Storage Tanks) and Title 198 (Rules and Regulations Pertaining to Agricultural Chemical Containment), administered by the Nebraska Department of Environmental Quality and other agencies.

e)        Any industrial or commercial process that includes more than 1,000 lbs. of materials, determined by the United States Environmental Protection Agency to be hazardous materials, shall be prohibited, except when a conditional use for such use is authorized and such authorization includes a condition that all such uses shall comply with the applicable rules and regulations of Title 118 (Groundwater Quality Standards and Use Classifications), Title 119 (National Pollutant Discharge Elimination System Permits), Title 126 (Rules and Regulations Pertaining to the Management of Waste), Title 128 (Nebraska Hazardous Waste Regulations), Title 159 (Underground Fuel Storage Tanks) and Title 198 (Rules and Regulations Pertaining to Agricultural Chemical Containment), administered by the Nebraska Department of Environmental Quality and other agencies.

f)         Prior to the development of any permitted land use, any abandoned well which has not been closed and sealed in accordance with the requirements of Title 178 Chapter 12 (Water Well Standards) and the requirements of the applicable Natural Resource District(s) guidelines shall be so closed and sealed.

g)        No septic tank, tile field or other on-site wastewater treatment system, associated with any type of land use, shall be located within one thousand (1,000) feet of any municipal well protected under this district.

h)        One septic tank and tile field or other on-site wastewater treatment system may be established on an undeveloped lot of record, as defined in Sec 27-2 of this Code, located more than one thousand (1,000) feet from any municipal well protected under this district and existing as of the effective date of application of this district and the entirety of said lot of record lies within the land area on which this district is applied and when a public sewer is not available within 300 feet or as otherwise defined in Sec. 26-57 of this Code and provided such tank, tile field or other system complies with the requirements of Title 124 (Rules and Regulations Pertaining to On-Site Wastewater Treatment) of the Nebraska Department of Environmental Quality.

i)          If a new lot is created after the effective date of application of this district and the entirety of said lot lies within the land area on which this district is applied and a public sewer is not available within 300 feet or as otherwise defined in Sec. 26-57 of this Code to serve such lot of record, one septic tank and tile field or other on-site wastewater treatment system may be established, provided such tank, tile field or other system complies with the requirements of Title 124 (Rules and Regulations Pertaining to On-Site Wastewater Treatment) of the Nebraska Department of Environmental Quality and is located more than one thousand (1,000) feet from any municipal well protected under this district.  However, in no event shall more than four (4) septic tanks, tile fields or other on-site wastewater treatment systems be established or located in any quarter/quarter (40 acre) parcel of land within this overlay district.

j)         Domestic, irrigation, and any other water wells, other than municipal water wells shall be prohibited within a wellhead protection area on which this district has been applied, provided that:

(1)       Any existing irrigation well may be replaced with the same capacity well if said existing well no longer functions, or

(2)       A new irrigation well may be established on a non-irrigated parcel of land eighty (80) acres in area or larger provided such well shall not be located closer than one thousand (1,000) feet to any well protected under this district, or

(3)       If an undeveloped lot of record, as defined in Sec. 27-2 of this Code, exists as of the effective date of application of this district and the entirety of said lot of record lies within the land area on which this district is applied, one (1) four (4) inch casing diameter domestic well may be established, provided such well shall be constructed in accordance with the rules and requirements of Title 178 (Water Well Standards) and said well or wells are not located closer than one thousand (1,000) feet to any well protected under this district, or

(4)       If a new lot is created after the effective date of application of this district and the entirety of said lot lies within the land area on which this district is applied one (1) four (4) inch casing diameter domestic well may be established, provided such well shall not be located closer than one thousand (1,000) feet to any well protected under this district and shall be constructed in accordance with the rules and requirements of Title 178 (Water Well Standards).  However, in no event shall more than four (4) four (4) inch casing diameter domestic wells be established or located in any quarter/quarter (40 acre) parcel of land within this overlay district.

k)         Any application of agricultural crop fertilizers, livestock manure, pesticides, or herbicides to the land or crops through an irrigation system (chemigation) shall comply with the rules and requirements of Title 195 (Rules and Regulations Pertaining to Chemigation).  Further, when such fertilizers and/or livestock manure is applied, the amount of such fertilizers and/or livestock manure shall be at agronomic rates.  Written verification of amounts of such fertilizers and/or livestock manure shall be provided upon request to the city by the owner of any land within this district.

l)          If any land area contained within a Wellhead Protection Overlay District is also part of a special protection area or ground water management area established under the Groundwater Management Protection Act, all uses within such areas, including agricultural uses, shall comply with the action plan and best management practices established for such areas by the applicable Natural Resource District(s).

m)       Any land use or any particular potential pollution hazard for which a separation distance is provided in Title 179 (Rules and Regulation Pertaining to Siting, Design and Construction of Public Water Systems) of the Nebraska Department of Health and Human Services shall be located a sufficient distance from any municipal water well so that the distance from the municipal water well to the potential source of contamination described in Title 179 shall exceed the separation distances provided for in Title 179. 

Source:  Ord. No. 5025, § 3, 8-18-08

Sec. 27-279.  Minimum lot development requirements - Wellhead Protection Overlay.

The minimum lot area, width, yard, building height and other requirements for any lot in this overlay district shall be as set forth in the primary zoning district(s) on which this district is overlain. 

Source:  Ord. No. 5025, § 3, 8-18-08

Sec. 27-280.  Reserved.

ARTICLE IX.  SUPPLEMENTAL REGULATIONS

Sec. 27-281.  More than one principle structure or use on a lot.

Every building or structure hereafter erected or altered shall be located on a lot and in no case shall there be more than one principal use or building on a lot except as provided herein.  In commercial or industrial districts, a single principal building may contain more than one use permitted within the district in which the lot is located, subject to other provisions of the district. 

Source:  Ord. No. 4603, § 1, 9-16-02

Sec. 27-282.  Additional height and area requirements and exceptions.

(a)   Public and semi-public buildings, hospitals, churches, sanitariums and schools, where permitted, may be erected to a height not exceeding seventy-five (75) feet, provided, such buildings are setback from side and rear lot lines an additional one (1) foot for each additional foot of building height above the height requirement of the district in which such buildings are located.

(b)   Single-family, two family and multiple-family dwellings may be increased in height not exceeding ten (10) feet in addition to the height limitation established within the district provided that the side and rear yards are increased a distance of not less than ten (10) feet over the minimum requirements of the district in which they are located.

(c)   Parapet walls and false mansards shall not extend more than six (6) feet above the height limit.  Flagpoles, chimneys, cooling towers, elevator bulkheads, penthouses, gas tanks, grain elevators, windmills, stacks, storage towers, radio and television towers, ornamental towers, masts and aerials, domes, spires, standpipes, and necessary mechanical appurtenances may be erected to any safe height not in conflict with existing laws affecting the same, provided, that such structures are set back from side and rear lot lines an additional one (1) foot for each additional two (2) feet of height above the height requirement of the district in which such structures may be located.

(d)   Unless otherwise specified, where a lot in separate ownership as of the effective date of this chapter has less area and/or width as herein required, these regulations shall not prohibit the lawful use of the property. 

Source:  Ord. No. 4603, § 1, 9-16-02

Sec. 27-283.  Additional yard requirements and exceptions.

(a)   In all zoning where lots comprising forty percent (40%) or more of the frontage, on the same side of the street between two (2) intersecting streets, are developed with buildings having front yards with a variation of not more than ten (10) feet in depth, the average of such front yards shall establish the minimum front yard depth for the remainder of the frontage.

(b)   Where a proposed right-of-way line has been established for future widening or opening of a street or a highway upon which a lot abuts, then the depth or width of a yard shall be measured from such established line.

(c)   Setback requirements pertaining to any new buildings, structures, signs or parking on properties affected by street and highway improvement projects which have involved the acquisition of additional right-of-way from adjoining properties shall be measured from the right-of-way line which existed prior to any right-of-way actions for said project and not from the new right-of-way line resulting from said right-of-way actions; provided, however, in no event shall said new building, structure or parking be located less than fifteen (15) feet from the new right-of-way line unless otherwise allowed in the zoning district where located.  In addition, any existing building, structure or parking affected by said project shall be allowed to relocate at the same setback from the new right-of-way line as the existing building, structure or parking was from the right-of-way line which existed prior to any right-of-way actions; except that no part of any such relocated building, structure or parking shall extend beyond the new right-of-way line into said right-of-way and shall comply with the provisions of Sec. 27-290 of this Code.

(d)   Every part of a required yard or court shall be open from its lowest point to the sky, unobstructed except for the ordinary projection of sills, belt courses, cornices, chimneys, buttresses, ornamental features and eaves; provided, however, that none of the above projections shall extend into a court more than six (6) inches nor into a minimum yard more than thirty (30) inches and provided further, that canopies or open porches may project a maximum of six (6) feet into the required front or rear yard; and open porches extending into the required yard shall not be enclosed.

(e)   An open fire escape may project into a required side yard not more than one-half the width of such yard, but not more than four (4) feet from the building.  Fire escapes, solid floored balconies and enclosed outside stairways may project not more than four (4) feet into a required rear yard.

(f)   A through lot having one end abutting a limited access highway, with no access to the highway, shall be deemed to front upon the street which gives access to that lot.

(g)   In all industrial districts, buildings or structures within three hundred (300) feet of, within the same block as, and on the same side of a street as property in a district requiring a front yard of less than that required in the industrial district, may conform to the required front yard setback of the other district requiring the lesser front yard setback.

(h)   On lots where it is found that a dwelling or a structure, other than a sign, has been constructed within a required front, side or rear yard, and such encroachment does not exceed five percent (5%) of the required front, side or rear yard which was in effect at the time the dwelling or structure was built, upon application to the zoning official or his or her designee with a plot plan of such lot made by a registered surveyor showing the encroachment, such encroachment may be administratively waived by the zoning official or his or her designee.  Said administrative waiver shall be noted on the plot plan, signed by the zoning official or his or her designee, and filed of record in the office of the Register of Deeds of Madison County at the applicant's expense.  An administrative waiver of the encroachment shall have the same effect as if a variance to the encroachment had been granted by the board of adjustment.

(i)   Handicap ramps may encroach into the required yards provided they do not obstruct pedestrian or vehicular traffic, or encroach into an easement, required off-street parking area or a sight triangle.  Canopy or other protection of a handicap ramp shall comply with the provisions of subsection (4) of this section.

(j)   When computing the depth of a required rear yard for any building or structure where such yard abuts an alley, one-half (1/2) of such alley may be assumed to be a portion of the required rear yard.

(k)   All buildings or structures located upon unplatted tracts of land shall have a one hundred (100) foot setback from any property line abutting a limited access street, controlled access street or any street classified as an arterial street as defined in this chapter except that signs meeting the setback requirements set forth in Sec. 27-331 shall be allowed if, prior to the installation or erection of said sign, an agreement is entered into wherein the owner of the sign and the owner of the real estate on which the sign is located agree that in the event a city, county or state project would subsequently require the sign to be moved, the property owner and/or the sign owner would agree to relocate the sign at their expense and indemnify and hold harmless the city, county or state from any liability occasioned by the moving of the sign.

(l)   All buildings or structures located upon a tract of land platted after the effective date of this amendment must have a setback not less than the minimum front yard setback requirement as indicated in the zoning designation of which the property is located within from any property line abutting a limited access street, controlled access street or any street classified as an arterial street as defined in this chapter except that signs meeting the setback requirements set forth in Sec. 27-331 shall be allowed if, prior to the installation of said sign, an agreement is entered into wherein the owner of the sign and the owner of the real estate agree that in the event a city, county or state project would subsequently require the sign to be moved, the property owner and/or the sign owner would agree to relocate the sign at their expense and indemnify and hold harmless the city, county or state from any liability occasioned by the moving of the sign. 

Source:  Ord. No. 4170, § 3, 5-20-96; Ord. No. 4603, § 1, 9-16-02

Sec. 27-284.  Communications, microwave, and cellular towers.

(a)   In any district where radio, television, microwave, cellular, or other communication towers are allowed as a permitted or conditional uses, such towers are subject to the following additional requirements.

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

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

(3)       Freestanding towers shall be located so that the distance from the base of the tower to any adjoining property line or the supporting structure of a separate neighboring tower is a minimum of 100% of the tower height.  The planning commission may reduce the set back with a conditional use permit if it determines that such reduction does not constitute a hazard to safety or property on adjacent properties or rights-of-way.

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

(5)       All tower installations shall maintain landscaped peripheral yards with a minimum depth of 35 feet from surrounding property lines.  One tree consistent with the provisions of Sec. 27-309 shall be planted for every 500 square feet of required peripheral yard area.

(6)       As part of its conditional use approval process, the planning commission may, after public notice and hearing, permit the tower to  exceed the height restrictions otherwise allowable in the district. 

Source:  Ord. No. 4603, § 1, 9-16-02

Sec. 27-285.  Adult entertainment uses.

Adult entertainment businesses shall be subject to the following restrictions, and no person shall cause or permit the establishment of any adult entertainment business contrary to these restrictions:

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

(2)       No new adult entertainment business shall be permitted within 500 feet of another such business; or within 500 feet of a residential use, residential zoning district, or a pre-existing school, public park, or place of religious assembly.  For the purposes of these regulations, measurements shall be made in a straight line, without regard to intervening structures or objects, from the business’ main entrance to the point on the adjoining property closest to such main entrance.

(3)       No adult entertainment business shall employ any person under 21 years of age.

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

(5)       No adult entertainment business shall be conducted in any manner that permits the observation of models or any material depicting, describing, or relating to sexual activities or anatomical areas identified in the definition of “adult entertainment business” by display, decoration, sign, show window, or other opening from any public way or from any property not licensed as an adult entertainment business.  No operator or agent of such business shall engage in any activity or conduct or permit any other person to engage in any activity or conduct in or about the premises that is prohibited by local, state, or federal law.

(6)       No part of the interior of the adult entertainment business shall be visible from any sidewalk, walkway, street, or public area.

(7)       Each adult entertainment business shall post a sign at the main entrance to the premises which states the nature of the business and states that no one under the age of 18 is permitted on the premises.  This section shall not prohibit the operator from establishing a higher minimum age for entering the premises.

(8)       Any adult entertainment business operated, conducted, or maintained contrary to these provisions shall be declared unlawful and a public nuisance, permitting the city attorney the discretion to seek any legal steps necessary for the abatement of the nuisance, in addition to other criminal actions under city ordinances.

(9)       Adult entertainment businesses shall not be permitted as part of a home occupation. 

Source:  Ord. No. 4603, § 1, 9-16-02

Sec. 27-286.  Boarding/rooming houses, group residential and group care facility densities.

Boarding/rooming houses, group care facilities and group residential uses, when permitted and located in a single-family or duplex residential structure, are subject to the density requirements set forth in the following table:

Source:  Ord. No. 4603, § 1, 9-16-02

Sec. 27-287.  Accessory uses.

(a)   Detached accessory buildings shall meet the following requirements:

(1)       Detached garages shall comply with front and side yard requirements of the zoning district where located.  Detached garages may be located within two (2) feet of the rear lot line, but shall not be located within any easement.

(2)       Detached accessory buildings larger than sixty-four (64) square feet other than garages shall be located in the rear yard as defined in Sec. 27-2 and shall comply with the side yard requirements of the zoning district where located.  Detached accessory buildings larger than sixty-four (64) square feet may be located within two (2) feet of the rear lot line, but shall not be located within any easements.

(3)       Detached accessory buildings smaller than one hundred eighty (180) square feet shall be securely anchored to the ground and shall be located in the rear yard as defined in Sec. 27-2 and may be located entirely within the required rear yard, but shall not be closer than two (2) feet to any side or rear lot line.

(4)       No accessory building shall be used for dwelling purposes.

(5)       No accessory building shall be located closer than ten (10) feet to the principal building and no accessory use which could constitute a fire hazard shall be located closer than five feet to a building unless other separation distances are provided for in this chapter or unless other separation distances are allowable by the building code based upon the exterior wall fire resistance ratings of the accessory building.

(6)       No structure other than a fence shall be erected or constructed within an easement. 

(7)       Exterior building materials and architectural designs used for accessory buildings exceeding 180 square feet shall be comparable to, or similar to, or architecturally harmonious with, the existing main residential structure and compatible with the character of the surrounding residential area, unless specifically provided for by a conditional use permit.  Compatibility shall include but not be limited to:

a.         Use of non-reflective exterior materials of a color, material, and scale comparable to existing structures in the residential area.

b.         A minimum roof pitch with a vertical rise of 2.5 inches for each 12 inches of horizontal run.

c.         Roof construction of non-reflective materials which either are or simulate the appearance of asphalt, wood shingles, tile, or rock. 

Source:  Ord. No. 4099, § 3, 7-17-95; Ord. No. 4603, § 1, 9-16-02

Sec. 27-288.  Fences.

(a)   In all residential zoning districts, fences are permitted in all required yards, or along the edge of any yard, to a height of up to eight (8) feet; except that within any required yard adjoining a street, no fence shall exceed four (4) feet in height subject to the provisions of Sec. 27-290.  On through lots, a fence not to exceed eight (8) feet in height is permitted along the edge of the yard adjoining the street which does not provide access to the lot.

(b)   In nonresidential districts, fences exceeding eight (8) feet in height are allowed subject to the provisions of Sec. 27-290.

(c)   Barbed wire and electric fences shall be subject to Sec. 14-227 of this Code.

(d)   Building permits are required for fences exceeding six (6) feet in height above grade. 

Source:  Ord. No. 4603, § 1, 9-16-02

Sec. 27-289.  Home occupations.

The intent of this section is to allow residents the opportunity to use their residence as a place to either produce or supplement their personal and family income, while protecting residential areas from adverse impacts associated with a home business, and to achieve and maintain an attractive and efficiently functioning community.

(a)   A home occupation shall not be conducted on any residential property unless the home occupation is registered with the zoning official or his or her designee.  Registration shall be for an unlimited time period and shall continue to be effective until re-registration or cancellation occurs.  A home occupation registration shall be cancelled in the event of the cessation of the home occupation.  In the event the nature and activities associated with the home occupation change or if a different home occupation than originally registered is conducted on the premises, the premises shall be re-registered.  The zoning official may cancel any registration upon determining that the home occupation is no longer being conducted on the premises.  All registrations shall be made on forms provided by the Fire Division Prevention Bureau.  Failure to register as provided in this section shall constitute an offense.

(b)   Applicants for a home occupation shall permit inspection of the premises, at a reasonable time, by the zoning official or his or her designee to determine compliance with these regulations.

(c)   A home occupation may be carried on within a dwelling unit or accessory building under the following conditions:

(1)       The home occupation shall be incidental to the residential use of the property where it is conducted.

(2)       The maximum allowable square footage that may be utilized in conducting such home occupation shall be limited to twenty percent (20%) of the floor area of the dwelling.

(3)       No outdoor storage of any equipment, machinery, parts, goods, materials or any other articles used in connection with the home occupation is allowed.

(4)       Any activities carried on outdoors in connection with the home occupation shall be screened from view.

(5)       There shall be no sign other than one non-illuminated, non-animated wall sign, not exceeding two (2) square feet in area, indicating only the name of the home occupation.

(6)       The home occupation shall not involve the parking or storage of tractor trailers, semi-trucks or heavy equipment such as construction equipment used in a business.

(7)       Adult entertainment businesses, welding, vehicle body repair, vehicle painting, mechanical repair, or rebuilding or dismantling of vehicles are not allowed as home occupations.

(8)       Except as provided herein, there shall be no person employed in the home occupation other than a member of the family who resides on the premises where the home occupation is conducted.  The zoning official or his or her designee may approve one nonresident employee upon application by the owner showing:

a.         Certification by the appropriate state or federal agency that the owner is physically disabled;

b.         Certification of an attending physician that the owner cannot perform the tasks required by the home occupation without assistance; and

c.         There are no other employees either resident or nonresident engaged in the home occupation on the premises.

(9)       The home occupation shall not cause glare, noise or odors disturbing to residents of surrounding property or interference with television or radio reception.

(10)     The home occupation shall not constitute a fire hazard or a nuisance to neighboring properties.

(11)     The home occupation shall be such that it requires no additional on or off-street parking. 

Source:  Ord. No. 4603, § 1, 9-16-02

Sec. 27-290.  Sight triangle restrictions.

Except in zoning districts where no front yard setback is required, on all corner lots a visual clearance area is required where nothing shall be erected, placed, planted, or allowed to grow to a height more than three (3) feet higher than the curb level, or three (3) feet higher than the center line grade of intersecting streets where there is no curb, within twenty-five (25) feet of the intersection of the street lines. 

Source:  Ord. No. 4603, § 1, 9-16-02

Sec. 27-291.  Subdivision identification lot, where located.

A subdivision identification lot as provided in Sec. 23-41.1 of this Code may be located in any zoning district in any newly platted or replatted subdivision subject to the requirements of Sec. 23-41.1 and Sec. 27-333 of this Code. 

Source:  Ord. No. 4603, § 1, 9-16-02

Sec. 27-292.  Water and septic system requirements.

(a)   A permit from the Norfolk Fire Division Prevention Bureau shall be required prior to the installation, replacement or repair of any septic tank system.

(b)   All lots utilizing on-site septic systems shall provide an area for a back up absorption field.  The area provided for the back up absorption field shall be able to meet the setback requirements of the primary absorption field as listed in subsection (f)(2) of this section.

(c)   Application for the installation of a septic tank system shall provide a site plan showing the location of the septic tank system, a backup absorption area, and well locations.

(d)   Lots with individual septic systems existing prior to the effective date of this section shall be subject to the provisions of Sec. 26-57 of this Code.

(e)   Discharges to surface waters, ground water without the proper vadose zone separation to the high seasonal water table, or the ground surface, from a septic tank or its soil absorption system shall be prohibited and is a violation of this section.

(f)   All on-site sewage systems installed, modified, repaired or put into operation within the extraterritorial jurisdiction of the city, on or after the effective date of this chapter shall meet the following requirements:

(1)       Those areas classified as development areas as defined in this chapter shall meet the following requirements at the time of development.  Said requirements shall be enforced throughout development:

a.         In development areas as defined in Sec. 27-2, the location of all existing and proposed wells and septic systems shall be shown on the subdivision plat.

b.         Individual septic systems may be placed on development area lots greater than three (3) acres in size provided they meet all the design and setback requirements and the structural facility does not occupy more than sixty (60%) of said lot.

c.         Development area lots with an area of one (1) to three (3) acres shall have either community sewer or community water systems.

d.         Development area lots with less than one (1) acre shall have community sewers and treatment.

(2)       Nondevelopment areas shall have a minimum lot size greater than three (3) acres.

a.         The installation of a septic system is prohibited within the setback distances listed below.

b.         A new septic system shall not be installed in a designated floodway.

c.         All septic systems shall meet the requirements of this article and Title 124 of the regulations promulgated by the Nebraska Department of Environmental Quality.  In addition, septic systems shall meet the requirements of Secs. 26-76 through 26-95 of this Code.

d.         All septic systems subject to Title 122 of the regulations promulgated by the Nebraska Department of Environmental Quality, shall obtain a class V permit as required by Title 122. 

Source:  Ord. No. 4603, § 1, 9-16-02

Sec. 27-293.  Soil extraction for public road purposes as a permitted use; requirements.

No soil extraction shall occur unless a permit is issued by the zoning official as authorized by this section when the following requirements are met:

(a)       The character of runoff from and onto adjacent land shall not be changed by the soil extraction.

(b)       The topsoil shall be collected, stockpiled and redistributed over the exposed soil area of the excavation at the completion of the operation.  The soils in the excavation area shall then be stabilized, the land graded, seeded or sodded to prevent erosion and siltation.  This subsection may be waived by the zoning official for that portion covered by an approved water impoundment.

(c)       There shall be no excavation closer than one hundred (100) feet to any abutting property not involved in the operation.  All cuts shall be no less than four to one (4 to 1).

(d)       Costs for any damage to public roads or bridges used for access to the site which requires additional maintenance or repair by any political subdivision as a result of the nature of any additional traffic generated, shall be the responsibility of the owner of the property from which the soil is being removed and/or the contractor.  The determination of costs and the method of repair and maintenance shall be as prescribed by the city engineer responsible for municipally-controlled roads and/or the county road superintendent responsible for county-controlled roads.  The property owner and/or contractor may appeal the city engineer’s and/or county road superintendent’s decision to the Norfolk City Council within thirty (30) days after receiving the city engineer’s and/or county road superintendent’s decision.

(e)       The protection of the public health and safety shall be the responsibility of the owner of the property from which the soil is being removed and/or the contractor.  Public health and safety methods shall be as directed by the zoning official who, upon observing a problem or verifying a complaint, may order the operation to cease until the problem is resolved.  The decisions of the zoning official may be appealed to the Norfolk City Council.

(f)        The owner of the property and/or contractor shall provide prior to the commencement of soil extraction a certificate of insurance indicating the existence of a liability policy naming the City of Norfolk as an additional insured on said policy and providing the following coverages in amounts not less than those listed below:

(g)       The property owner and/or contractor shall sign a statement agreeing to hold the city harmless from any and all liability and indemnifying the city from any and all liability arising out of the soil extraction. 

(h)       To assure that all of these conditions are met by the owner and/or contractor, a performance bond in the amount of sixty thousand dollars ($60,000.00) shall be posted with the city.

(i)        All extraction of soils within a designated floodway shall conform to the City of Norfolk Floodplain Regulations.

(j)        A permit may be issued by the zoning official upon receipt of a completed application and the requirements of subsections f, g and h. 

Source:  Ord. No. 4679, § 18, 8-18-03

Sec. 27-294.  Periodic garage, rummage, and yard sales.

It shall be unlawful for the occupant or owner of any property being utilized for residential purposes within the city to hold or allow to be held upon said property more than three garage sales, rummage sales, yard sales or any other periodic sales per calendar year.  It shall further be unlawful for any such sale to be held for more than three (3) consecutive days.

Source:  Ord. No. 4898, § 1, 9-5-06

Secs. 27-295--27-300.  Reserved.

ARTICLE X.  LANDSCAPING AND SCREENING

Sec. 27-301.  Purpose.

The Landscaping and Screening Regulations provide additional guidance on the development of sites within Norfolk by addressing landscaping and screening requirements.  They are designed to improve the appearance of the community; buffer potentially incompatible land uses from one another; and conserve the value of properties within the city. 

Source:  Ord. No. 4603, § 1, 9-16-02

Sec. 27-302. Applicability.

The provisions of this section shall apply to all new development on each lot or site upon application for a building permit, except for the following:

(1)       Reconstruction or replacement of a lawfully existing use or structure following a casualty loss.

(2)       Remodeling, rehabilitation, or improvements to existing uses or structures which do not substantially change the location of structures, parking, or other site improvements.

(3)       Additions or enlargements of existing uses or structures which increase floor area or impervious coverage area by less than 20 percent.  Where such additions or enlargements are 20 percent or greater, these provisions shall apply only to that portion where the new development occurs. 

Source:  Ord. No. 4603, § 1, 9-16-02

Sec. 27-303.  Landscaping Requirements.

Landscaping shall be required adjacent to each street property line and within street yards as set forth in the table designated as Sec. 27-305.  This required area excludes driveways or parking lot entrances. 

Source:  Ord. No. 4603, § 1, 9-16-02

Sec. 27-304.  Landscaping Materials and Installation Standards.

(a)   Approved plant materials.  Plant and landscaping materials set forth in Sec. 27-311 of this Code shall be installed in required landscaped areas or bufferyards.  All plant materials shall conform in size, species and spacing with the requirements of this article.

(b)   Use of inorganic landscaping materials.  No artificial trees, shrubs, plants or turf shall be used to fulfill the minimum requirements for landscaping.  Inorganic materials, such as stone or decorative pavers, may be used provided that such material does not comprise more than 35% of the minimum required landscaped area.  Other concrete and/or asphalt pavement surfaces may not be used within the minimum required landscaped area, except for driveways and walkways. 

Source:  Ord. No. 4603, § 1, 9-16-02

Sec. 27-305.  Required Landscape Depth.

Source:  Ord. No. 4603, § 1, 9-16-02

Sec. 27-306.  Bufferyard Provisions.

These provisions apply when use is established in a more intensive zoning district (District 1) which is adjacent to a less intensive zoning district (District 2).  The owner, developer, or operator of the use within District 1 shall install and maintain a landscaped bufferyard on his or her lot or site, as set forth in this section.  Bufferyard requirements apply only to those districts indicated in the table designated as Sec. 27-307.  Bufferyards are not required of single-family, two-family or duplex use types in the more intensive zoning district.

(1)       The bufferyard dimensions set forth in Sec. 27-307 apply to zoning districts which share a common lot line or are adjacent but separated by an intervening alley.

(2)       When a street separates adjacent zoning districts requiring a bufferyard, the size of the bufferyard shall be one-half the required bufferyard set forth in Sec. 27-307.

(3)       Each required bufferyard must be entirely landscaped and free of paved areas, access ways, storage, or other disturbances. 

Source:  Ord. No. 4603, § 1, 9-16-02

Sec. 27-307.  Bufferyard Requirements.

Source:  Ord. No. 4603, § 1, 9-16-02

Sec. 27-308.  Screening standards.

(a)   Application.  Screening is required between adjacent zoning districts indicated in Code Sec. 27-307 when one or more of the following conditions in the more intensive zoning district is directly visible from and faces toward the boundary of the less intensive zoning district:

(1)       The rear elevation of buildings.

(2)       Outdoor storage areas or storage tanks, unless otherwise screened.

(3)       Loading docks, refuse collection points, and other service areas.

(4)       Major machinery or areas housing a manufacturing process.

(5)       Major onsite traffic circulation areas or truck and/or trailer parking.

(6)       Sources of glare, noise, or other environmental effects.

(b)   Opaque barrier.  A six foot opaque barrier shall be provided which visually screens the conditions listed in subsection (1) above from less intensive uses as follows:

(1)       A solid wood and/or masonry fence or wall at least six feet in height.

(2)       A landscaping screen, using evergreen or deciduous materials, capable of providing a substantially opaque, hedge-like barrier and attaining a minimum height of six feet within three years of planting.

(3)       A landscaped earth berm with a maximum slope of three to one, rising no less than six feet above the existing grade of the lot line separating the zoning districts.

(4)       Any combination of these methods that achieves a cumulative height of six feet.

(c)   Location of screening wall.  A screening wall or fence shall be installed no closer to the less intensive zoning district than one-half the width of the required bufferyard.

(d)   Screening, effect on drainage.  Screening shall not adversely affect surface water drainage.

(e)   Permitted interruptions of screening.  Screening may be interrupted to provide access drives to service areas or for loading purposes to buildings.  Such breaks or interruptions shall not exceed 20% of the length of the required screened area. 

Source:  Ord. No. 4603, § 1, 9-16-02

Sec. 27-309.  Tree plantings.

One tree of an approved species, as set forth in Sec. 27-311 of this Code, having a minimum caliper size of two inches shall be planted and maintained for each 500 square feet of required landscaped area for each of the following contexts:

(1)       In any landscaped area for office and commercial uses only required by the minimum depth requirements, the bufferyard requirements, or the parking lot interior landscaping requirements;

(2)       In any landscaped area for all uses within a B-P District required by the minimum depth requirements, the bufferyard requirements, or the parking lot interior landscaping requirements; and

(3)       In any landscaped area required by the bufferyard requirements for industrial uses.

Existing trees approved for preservation shall be counted toward satisfaction of this requirement. 

Source:  Ord. No. 4603, § 1, 9-16-02

Sec. 27-310.  General Provisions.

(a)   Time of application.  The provisions contained in this Article shall be applied for each individual lot or site when an application for a building permit on such lot is made.  When required, a landscape plan shall be submitted with each application for a building permit.  Such plan shall be reviewed by the zoning official for compliance with the provisions of this section.

(b)   Maintenance of required landscaping.  Upon installation of required landscape materials, each owner shall take appropriate actions to ensure their continued health and maintenance.  Required landscaping that does not remain healthy shall be replaced consistent with this Article.

(c)   Obstruction of view.  Landscaping or screening installed in any landscaped area shall not obstruct the view from or to any driveway approach, street, alley, or sidewalk.

(d)   Earth berm locations.  All earth berm locations shall be reviewed by the zoning official, or his or her designee to determine how the berms shall relate to drainage and public utilities.

(e)   Exceptions.  A development may continue to comply with the bufferyard and screening requirements in effect at the time of issuance of its original permit, regardless of whether an adjacent lot or site is subsequently rezoned to a less intensive district which would otherwise require compliance with bufferyard or screening provisions. 

Source:  Ord. No. 4603, § 1, 9-16-02

Sec. 27-311.  Approved landscaping materials.

The following are approved landscaping materials:

(a)     Shrubs

(1)       Evergreen:

(2)       Deciduous: