Article 2 shall be known as the definitions. The purpose of these provisions is to promote consistency and precision in the interpretation of the Unified Land Development Ordinance. The meaning and construction of words as set forth shall apply throughout the Unified Land Development Ordinance, unless where modified in a specific section or where the context of such words or phrases clearly indicates a different meaning or construction.
The following general rules of construction apply to the text of the Unified Land Development Ordinance:
A. 
Headings. Section and subsection headings contained herein are provided for illustrative purposes only and shall not be deemed to limit, govern, modify, or otherwise affect the scope, meaning, or intent of any provision of the Unified Land Development Ordinance.
B. 
Illustration. In the case of any real or apparent conflict between the text of the ordinance and any illustration explaining the text, the text shall apply.
C. 
Shall, must, and may. "Shall" and "must" are always mandatory; "may" is discretionary.
D. 
Tenses and numbers. Words used in the present tense include the future tense. Words used in the singular include the plural, and the plural the singular, unless the context clearly indicates the contrary.
E. 
Conjunctions. Unless the context clearly indicates the contrary, the following conjunctions shall be interpreted as follows:
(1) 
"And" indicates that all connected items or provisions apply.
(2) 
"Or" indicates that the connected items or provisions may apply singly or in any combination.
(3) 
"Either . . . or" indicates that the connected items or provisions shall apply singly but not in combination.
F. 
Referenced agencies. Unless otherwise indicated, all public officials, bodies, and agencies referred to in this chapter are those of the City of Seward.
For the purposes of this Unified Land Development Ordinance, certain terms and words are hereby defined. Certain sections contain definitions that are additional to those listed here. Where terms are not specifically defined, their ordinarily accepted meaning or meanings implied by their context shall apply.
ABUTTING
Having lot lines or district boundaries in common. Used interchangeably with "adjacent."
ACCESSORY STRUCTURE
A structure that is incidental to and customarily associated with a specific principal use or building on the same site.
ACCESSORY USE
A use that is incidental to and customarily associated with a specific principal use on the same site.
ADDITION
Any construction that increases the size of a building or structure in terms of site coverage, height, length, width, or gross floor area.
ADT or AVERAGE DAILY TRAFFIC
The average number of motor vehicles per day that pass over a given point or segment of street.
AGENT OF OWNER
Any person showing written verification that he/she is acting for, and with the knowledge and consent of, a property owner.
ALLEY
A public right-of-way other than a street and 20 feet or less in width which is used as a secondary means of access to abutting property.
ALTERATION
Any construction or physical change in the internal arrangement of spaces, the supporting members, the positioning on a site, or the appearance of a building or structure.
APARTMENT
A housing unit within a building designed for and suitable for occupancy by only one family. Apartments are generally located within multifamily residential buildings.
APPROVING AUTHORITY
The City Council of the City of Seward or its designee.
ASCE
The American Society of Civil Engineers.
ATTACHED
Having one or more walls in common with a principal building or connected to a principal building by an integral architectural element, such as a covered passageway, facade wall extension, or archway.
BASE ZONING DISTRICT
A district established by this chapter that prescribes basic regulations governing land use and site development standards. No more than one base zoning district shall apply to any individually platted lot or parcel unless the lot or parcel is part of a planned unit development.
BASEMENT
A level of a building below street level that has at least 1/2 of its height below the surface of the adjacent ground. A basement used for independent dwelling or business purposes shall be considered a story for the purposes of height measurement.
BEGINNING OF CONSTRUCTION
The initial incorporation of labor and materials within the foundation of a building or structure.
BICYCLE LANE AND PATH
A designated lane on a roadway or an exclusive path separated from a roadway, designed specifically to accommodate the physical requirements of bicycling. Bicycle paths are ordinarily designed to accommodate other forms of nonmotorized transportation or recreational movement, but will also accommodate motorized vehicles, such as motorized wheelchairs, designed specifically to provide access to people with disabilities.
BLOCK
An area of land within a subdivision that is entirely bounded by streets and/or the exterior boundaries of the subdivision, or by a combination of the above with a watercourse, lake, railroad, or other significant natural or man-made barrier, and which has been designated as such on a plat for the purposes of legal description of a property.
BLOCK FACE
The property abutting one side of a street and lying between the two nearest intersection streets, or between the one nearest intersecting street and a major physical barrier, including, but not limited to, railroads, streams, lakes, or the corporate limits of the City of Seward.
BOARD OF ADJUSTMENT
A body established by the City expressly for the purpose of granting relief from situations of hardship and to hear appeals as provided by this chapter.
BOULEVARD
A public street generally characterized by a wider-than-normal right-of-way and extensive green space in relation to pavement surface. Boulevards may either include dual street channels separated by a landscaped median; or by a single street channel with wider-than-normal greenway setbacks behind the curb.
BUFFERYARD
A landscaped area around the perimeter of a tract of land, usually intended to separate and partially obstruct the view of two adjacent land uses or properties from one another.
BUILDING
A structure entirely separated from any other structure by space or by walls and having a roof and built to provide shelter, support, or enclosure for persons or property.
BUILDING COVERAGE
The at-grade area of a site covered by buildings or roofed areas, excluding allowed projecting eaves, balconies, and similar features; also referred to as the "building footprint."
BUILDING ELEVATION
An exterior wall of a building exposed to public view.
BUILDING ENVELOPE
The three-dimensional space within which a structure is permitted to be built on a lot after all zoning and other applicable municipal requirements have been met.
BUILDING LINE
The outer boundary of a building established by the location of its exterior walls.
BUILDING OFFICIAL
The City official, designated by the City Council, who is responsible for the enforcement of the applicable building code and conditional use permits.[1]
BUILDING PERMIT
A document that must be issued by the Building Official prior to erecting, constructing, enlarging, altering, moving, improving, removing, converting, or demolishing any building or structure on a platted lot(s) or a parcel exceeding 10 acres in size as regulated by this chapter or by the applicable building codes of the City of Seward.[2] Issuance of a building permit follows review of plans by the Building Official to determine that the proposed use of building or land complies with the provisions of the Unified Land Development Ordinance.
BUSINESS
Activities that include the exchange or manufacture of goods or services on a site.
BUSINESS CENTER
A building containing more than one commercial business, or any group of nonresidential buildings within a common development, characterized by shared parking and access.
CARTWAY (or ROAD OR STREET CHANNEL)
The actual surface area of a road used to accommodate motor vehicles, including moving traffic lanes, acceleration and deceleration lanes, and parking lanes. On a street with curbs, the cartway is measured from back to back of curbs. On streets without curbs, the cartway is measured between the outer edges of the pavement.
CENTER-LINE OFFSET
The distance between the center line of roads intersecting a common road from the same or opposite sides.
CERTIFICATE OF OCCUPANCY
An official certificate issued by the Building Official or his/her designee prior to occupancy of a completed building or structure, upon a finding of conformance with the applicable building code and this Unified Land Development Ordinance.[3]
CHANGE OF USE
The replacement of an existing use type by a new use type.
CHANNEL
The bed or banks of a natural stream or drainageway that convey the constant or intermittent flow of water, including storm run-off.
CITY
The City of Seward, Nebraska.
CITY COUNCIL
The City Council of Seward, Nebraska.
COMMON AREA
An area held, designed, and designated for common or cooperative use within a development.
COMMON DEVELOPMENT
A development proposed and planned as one unified project not separated by a public street or alley.
COMMON OPEN SPACE
Land within or related to a development that is not individually owned or dedicated for public use, designed and generally intended for the common use of the residents of the development.
COMPATIBILITY
The degree to which two or more different land use types are able to exist together in close proximity, with no one use having significant negative effects on any other use.
COMPREHENSIVE PLAN
The duly adopted Comprehensive Development Plan of the City of Seward.
CONCEPT PLAN
A preliminary presentation that includes the minimum information necessary, as determined by the Zoning Administrator, to be used for the purpose of discussion or classification of a proposed plat prior to formal application.
CONDITIONAL USE PERMIT
An approval of a use with operating and/or physical characteristics different from those of permitted uses in a given zoning district which may, nonetheless, be compatible with those uses under special conditions and with adequate public review. Conditional uses are allowed in a zoning district only at the discretion of and with the explicit permission of the Planning Commission and City Council, as provided by § 410-44.3 of this chapter.[4]
CONDOMINIUM
An ownership regime whereby the title to each unit of occupancy is held in separate ownership, and the real estate on which the units are located is held in common ownership solely by the owners of the units with each owner having an undivided interest in the common real estate. Condominiums may include residential, commercial, office, or industrial uses.
CONSERVATION DEVELOPMENT
A development design technique that concentrates buildings in specific areas on a site to allow remaining land to be used for recreation, common open space, or the preservation of historically or environmentally sensitive features.
CONSERVATION (OR CLUSTER) SUBDIVISION
Wholly or in majority, a residential subdivision that permits a reduction in lot area, setback, or other site development regulations, provided:[5]
A. 
There is no increase in the overall density permitted for a conventional subdivision in a given zoning district; and
B. 
The remaining land area is used for common open space.
CONVENTIONAL SUBDIVISION
A subdivision which literally meets all nominal standards of the Unified Land Development Ordinance for lot dimensions, setbacks, street frontage, and other site development regulations.
COUNTY
Seward County, Nebraska.
COURTYARD
An open, unoccupied space, bounded on two or more sides by the walls of the building.
CREATIVE (OR INNOVATIVE) DEVELOPMENT OR SUBDIVISION
A subdivision that, while complying with the Subdivision Ordinance,[6] diverges from nominal compliance with site development regulations in the Unified Land Development Ordinance. Creative subdivisions imply a higher level of pre-planning than conventional subdivisions. They may be employed for the purpose of environmental protection or the creation of superior community design. Types of creative subdivisions include conservation subdivisions and traditional neighborhood districts.
CUL-DE-SAC
A local street with only one outlet and with an opposite end providing for the reversal of traffic.
CURB
A vertical or sloping edge of a roadway, intended to define the edge of the cartway and to channel or control drainage.
DEDICATION
A grant of land to the City or another public agency for a public purpose.
DENSITY
The amount of development per specific unit of a site.
DESIGN STANDARDS
Standards that set forth specific improvement requirements.
DETACHED
Fully separated from any other building or not jointed to another building in such a manner as to constitute an enclosed or covered connection.
DETENTION BASIN
An artificial or natural water collection facility, designed to collect surface or subsurface water and to control its rate of discharge, in order to prevent a net increase in the rate of water flow that existed prior to a development.
DEVELOPER
The legal owner(s) or authorized agent of any land engaged in a proposed development.
DEVELOPMENT
A planning or construction project involving substantial improvement or change in the character and/or land use of a property.
DIVIDED STREET
A street with opposing lanes separated by a median strip, center island, or other form of physical barrier, which cannot be crossed except at designated locations.
DRAINAGE
The removal of surface water or groundwater from land by drains, grading, or other means.
DRAINAGE SYSTEM
The system through which water flows from the land.
DRIVE-IN SERVICES
Uses that involve the sale of products or provision of services to occupants in vehicles.
DRIVEWAY
A permanently paved, surfaced area providing vehicular access between a street and an off-street parking or loading area.
DWELLING UNIT
One or more rooms, designed, occupied or intended for occupancy as a separate place of residence, with cooking, sleeping, and sanitary facilities provided within the dwelling unit for the exclusive use of one family, as defined in this section, maintaining a household.
410 Dwelling Unit.tif
EASEMENT
A privilege or right of use granted on, above, under, or across a particular tract of land for a specific purpose by one owner to another owner, public or private agency, or utility, where fee simple title remains with the property owner.
ENCLOSED
A roofed or covered space fully surrounded by walls.
EXISTING USE
The use of a lot or structure at the time of the effective date of this chapter.
EXPRESSWAY
A major street with limited access for high traffic speeds and volumes designed to move traffic around the City rather than through it.
FAMILY
One or more persons, related or unrelated, living together as a single housekeeping unit with or without domestic servants, caregivers, foster children, and supervisory personnel in a group living arrangement. The term "family" shall not include occupancy of a residence by persons living in fraternities, sororities, clubs, or transient or permanent commercial residential facilities catering to the general public. The term "family" also excludes the occupancy of nursing and convalescent homes.
FASCIA
A parapet-type wall used as part of the facade of a flat-roofed building and projecting no more than six feet from the immediately adjacent building face. Such a wall shall enclose at least three sides of the projecting flat roof and return to the parapet wall or the building.
FEDERAL
Pertaining to the government of the United States of America.
FINAL PLAT APPROVAL
The final official action of the City Council, upon a recommendation by the Planning Commission, permitting the filing of a subdivision with the Seward County Register of Deeds and the conveyance of individual parcels and lots to subsequent owners.
FLOOR AREA RATIO (FAR)
The quotient of gross floor area of all buildings on a site divided by the gross site area of the site.
410 Floor Area Ratio.tif
FRONTAGE
The length of a property line of any one premises abutting and parallel to a public street, private way, or court from which access is permitted.
GARAGE
An accessory building or portion of a main building used primarily for storage of motor vehicles.
GRADE
The elevation of the finished surface of ground, paving, or sidewalk adjacent to any building line.
A. 
For buildings having walls facing one street only, the grade shall be the elevation of the ground at the center of the wall facing the street.
B. 
For buildings having walls facing more than one street, the grade shall be the average elevation of the grades of all walls facing each street.
C. 
For buildings having no walls facing a street, the grade shall be the average level of the finished surface of the ground adjacent to the exterior walls of the building.
GROSS FLOOR AREA (GFA)
The total enclosed horizontal area of all floors of a building, measured to the inside surfaces of the exterior walls. This definition excludes the areas of mechanical equipment rooms, elevator shafts, airspaces above atriums, and enclosed off-street parking and loading areas serving a principal use.
HEIGHT
The vertical distance from the established grade to the highest point of the coping of a flat roof, the deck line of a mansard roof, or to the average height between eaves and the ridge for gable, hip, shed, or gambrel roofs. For other cases, height shall be measured as the vertical distance from the established grade to the highest point of a structure as herein defined. Where a building or structure is located on a slope, height shall be measured from the average grade level adjacent to the building or structure.
410 Height.tif
HOME-BASED BUSINESS; HOME OCCUPATION
An accessory occupational use conducted within a dwelling unit or accessory structure by its inhabitants, which is clearly incidental to the residential use of the dwelling unit or residential structure and does not change the residential character of its site.
HOUSING UNIT
A building or portion of a building arranged for and intended for occupancy as an independent living facility for one family, including permanent provisions for cooking.[7]
IMPERVIOUS COVERAGE
The total horizontal area of all buildings, roofed or covered spaces, paved surface areas, walkways and driveways, and any other site improvements that decrease the ability of the surface of the site to absorb water, expressed as a percent of site area. The surface water area of swimming pools is excluded from this definition.
LANDSCAPED AREA
The area within the boundaries of a given lot, site or common development consisting primarily of plant material, including but not limited to grass, trees, shrubs, vines, ground cover, and other organic plant materials; or grass paver masonry units installed such that the appearance of the area is primarily landscaped.
A. 
PERIMETER LANDSCAPED AREAAny required landscaped area that adjoins the exterior boundary of a lot, site or common development.
B. 
INTERIOR LANDSCAPED AREAAny landscaped area within a site, exclusive of required perimeter landscaping.
LANE
An approved private right-of-way that provides access to residential properties and meets at least three of the following conditions:
A. 
Serves 12 or fewer housing units or platted lots.
B. 
Does not function as a local street because of its alignment, design, or location.
C. 
Is completely internal to a development.
D. 
Does not exceed 600 feet in length.
LOADING AREA
An off-street area used for the loading or unloading of goods from a vehicle in connection with the use of the site on which such area is located.
LOT
A platted parcel of property with a separate and distinct number or other identifying designation which has been created, assigned and recorded in the office of the Seward County Register of Deeds. Each individual lot is subject to the provisions of a particular base zoning district, and shall have a minimum frontage of 20 feet, except as provided in an approved planned unit development, conservation development, or traditional neighborhood development.
A. 
CORNER LOTA lot located at the junction of at least two streets, private ways or courts or at least two segments of a curved street, private way or court, at which the angle of intersection is no greater than 135°.
B. 
DOUBLE-FRONTAGE LOTA lot, other than a corner lot, having frontage on two nonintersecting streets, private ways or courts. Primary access shall be restricted on a double-frontage lot to the minor of the two streets or to the front line as determined at time of platting or as defined by this chapter; also known as a "through lot."
C. 
INTERIOR LOTA lot other than a corner lot whose sides do not abut a street.
D. 
COMMON DEVELOPMENT LOTWhen two or more contiguous lots are developed as part of a single development, these lots may be considered a single lot for purposes of this chapter.
410 Common Dev Lot.tif
LOT AREA
The total horizontal area within the lot lines of a lot.
LOT DEPTH
The mean horizontal distance measured between the front and rear lot lines.
LOT LINE
A property boundary line(s) of record that divides one lot from another lot or a lot from the public or private street right-of-way or easement.
A. 
FRONT LOT LINEThe lot line separating a lot and a public or private street right-of-way or easement.
(1) 
For an interior lot, the lot line separating the lot from the right-of-way or easement.
(2) 
For a corner lot, the shorter lot line abutting a public or private street or easement. In instances of equal line dimension, the front lot line shall be determined by the Building Official, or as may be noted on the final plat.
(3) 
For a double-frontage lot, the lot lines separating the lot from the right-of-way or easement of the more minor street. In cases where each street has the same classification, the front lot line shall be determined by the Building Official at the time of application for the original building permit for the lot, or as may be noted on the final plat.
B. 
REAR LOT LINEThe lot line that is opposite and most distant from the front line.
C. 
SIDE LOT LINEAny lot line that is neither a front nor rear lot line. A side lot line separating a lot from a street, private way or court is a street side lot line. A side lot line separating a lot from another lot or lots is an interior side lot line.
LOT WIDTH
The horizontal distance measured between the side lot lines of a lot, at right angles to its depth along a straight line parallel to the front lot line at the minimum required building setback line.
MAIN
The principal artery of a system of continuous piping which conveys fluids and to which branches may be connected.
MAJOR SUBDIVISION
Any subdivision not defined and approved as a minor subdivision.
MANUFACTURED HOME DWELLING
A dwelling unit built in compliance with National Manufactured Housing Construction and Safety Standards Act, 42 U.S.C. §§ 5401 to 5426 et seq., and the regulations promulgated by the United States Department of Housing and Urban Development, and when constructed shall bear the seal of the Department of Health and Human Services Regulation and Licensure as required by Neb. RS 71-1559.
A. 
Dwelling units built in compliance with the above may be placed in any zoning district where single-family dwelling units are permitted when the following additional requirements are met:
(1) 
Any dwelling unit shall have no less than 900 square feet of floor area.
(2) 
Any dwelling shall have no less than 18 feet exterior width.
(3) 
The roof shall be pitched with a minimum vertical rise of 2 1/2 inches for each 12 inches of horizontal run.
(4) 
The exterior shall be of a color, material and scale comparable with existing residential site-built single-family dwellings. The home shall have a nonreflective roof material which is or simulates asphalt or wood shingles, tile or rock.
(5) 
The dwellings shall have wheels, axles, transporting lights, and removable towing apparatus removed if present.
(6) 
The dwelling shall be placed upon a permanent foundation approved by the City of Seward.
(7) 
All utility services shall be directly connected to the structure.
B. 
Manufactured homes which do not meet all of the standards in Subsection A above may be placed in a manufactured home park or as permitted by code, provided the structure is transportable in one or more sections which in the traveling mode are eight body feet or more in width or 40 body feet or more in length or, when erected on site, are 320 or more square feet and which are built on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities and includes the plumbing, heating, air-conditioning and electrical systems contained therein.
MINOR SUBDIVISION
A subdivision of land which creates no more than four lots from any single parcel of land; requires no extension of streets, sewers, utilities, or other municipal facilities; no dedication of easements or rights-of-way or annexation; complies with all preexisting zoning requirements; and has not been subject to a previous administrative or minor subdivision.
MIXED-USE BUILDING
A building or structure that incorporates two or more use types within a single building or structure, provided that each use type is permitted within the individual base zoning district in which the building or structure is to be located.
MIXED-USE DEVELOPMENT
A single development that incorporates complementary land use types into a single development.
MOBILE HOME
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 United States Department of Housing and Urban Development; or not otherwise satisfying the definition of "manufactured home dwellings."
MOBILE HOME PARK
A unified development under single ownership, developed, subdivided, planned, and improved for the placement of mobile home units for nontransient use. Mobile home parks include common areas and facilities for management, recreation, laundry, utility services, storage, 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 SUBDIVISION
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, 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.
MONUMENT
An identification marker established by a registered land surveyor at each section corner, block corner, lot corner, or other point as required by this chapter.
MOVING LANE
Any traffic lane within a cartway where traffic movement is the primary or sole function.
NONCONFORMING DEVELOPMENT
A building, structure, or improvement which does not comply with the regulations for its zoning district set forth by this Unified Land Development Ordinance but which complied with applicable regulations at the time of construction.
NONCONFORMING LOT
A lot which was lawful prior to the adoption, revision, or amendment of this Unified Land Development Ordinance but that fails by reason of such adoption, revision, or amendment to conform to the present requirements of the Unified Land Development Ordinance. No action can be taken which would increase the nonconforming characteristics of the lot.
NONCONFORMING SIGN
A sign that was legally erected prior to the adoption, revision, or amendment of this Unified Land Development Ordinance but that fails by reason of such adoption, revision, or amendment to conform to the present requirements of this Unified Land Development Ordinance.
NONCONFORMING STRUCTURE
A structure which was lawful prior to the adoption, revision, or amendment of this Unified Land Development Ordinance but that fails by reason of such adoption, revision, or amendment to conform to the present requirements of the Unified Land Development Ordinance. No action can be taken which would increase the nonconforming characteristics of the structure.
NONCONFORMING USE
A land use which was lawful prior to the adoption, revision, or amendment of this Unified Land Development Ordinance but that fails by reason of such adoption, revision, or amendment to conform to the present requirements of the Unified Land Development Ordinance. No action can be taken which would increase the nonconforming characteristics of the land use.
NUISANCE
An unreasonable and continuous invasion of the use and enjoyment of a property right which a reasonable person would find annoying, unpleasant, obnoxious, or offensive.
OFF-SITE
Located outside the boundaries of the parcel that is the subject of an application.
OPEN SPACE
Area included on any site or lot that is open and unobstructed to the sky, except for allowed projections of cornices, overhangs, porches, balconies, or plant materials.
OUTDOOR STORAGE
The outdoor storage of materials, parts, or products that are related to the primary use of a site for a period exceeding three days.[8]
OVERLAY DISTRICT
A district established by this chapter that prescribes special regulations to be applied to a site only in combination with a base district.
OWNER
An individual, firm, association, syndicate, partnership, or corporation having sufficient proprietary interest to seek development of land.
PARKING FACILITY
An area on a lot and/or within a building, including one or more parking spaces, along with provision for access, circulation, maneuvering, and landscaping, meeting the requirements of this Unified Land Development Ordinance. Parking facilities include parking lots, private garages, and parking structures. Vehicle storage is a use distinct from parking. Vehicle storage is also governed by applicable provisions of Article 34, Off-Street Parking.
PARKING LANE
A lane located on the sides of streets, designated or allowing on-street parking of motor vehicles.
PARKING SPACE
An area on a lot and/or within a building, intended for the use of temporary parking of a personal vehicle. This term is used interchangeably with "parking stall." Each parking space must have a means of access to a public street. Tandem parking stalls in single-family detached, single-family attached, and townhouse residential uses shall be considered to have a means of access to a public street.
PAVED
Permanently surfaced with poured concrete, concrete pavers, or asphalt.
PERFORMANCE BOND
A surety bond or cash deposit posted by a contractor or developer made out to the City in an amount equal to the full cost of the improvements. The bond amount shall be that of the contract price and shall be legally sufficient to secure to the City that said improvements will be constructed in accordance with the terms of the contract documents within a period specified by this chapter.
PERMITTED USE
A land use type allowed as a matter of right in a zoning district, subject only to special requirements of this Unified Land Development Ordinance.
PLANNED UNIT DEVELOPMENT
A development of land which is under unified control and is planned and developed as a whole in a single development operation or programmed series of development stages. The development may include streets, circulation ways, utilities, buildings, open spaces, and other site features and improvements.
PLANNING COMMISSION
The Planning Commission of the City of Seward.
PLAT
A document, usually a map or maps, expressing the designation or division of land into one or more lots or parcels, any one of which is 10 acres or less. Plats include preliminary and final plats.
A. 
PRELIMINARY PLATA plat indicating the proposed layout of a development and related information, intended for the purpose of preliminary approval by approving authorities but not for filing with the Seward County Register of Deeds.
B. 
FINAL PLATThe final map of the subdivision which is presented for final approval. The final plat contains detailed information and documentation and is designed to be filed with the Register of Deeds.
PORCH, UNENCLOSED
A roofed or unroofed open structure projecting from an exterior wall of a building and having no enclosed features more than 30 inches above its floor other than wire screening and a roof with supporting structure.
PREMISES
A lot, parcel, tract or plot of land, contiguous and under common ownership or control, together with the buildings and structure thereon.
PRINCIPAL USE
The main use of land or structures, as distinguished from an accessory use.
PRIVATE GARAGE
A building for the storage of motor vehicles where no repair service facilities are maintained and where no motor vehicles are kept for rental or sale.
PROPERTY LINE
The boundary between separate property ownerships, as recorded by the legal description of a parcel and defined by the Seward County Register of Deeds. In subdivisions, property lines are usually but not in every case coincident with lot lines.
RECREATIONAL VEHICLE
A vehicle towed or self-propelled on its own chassis or attached to the chassis of another vehicle and designed or used for temporary dwelling, recreational, or sporting purposes. Recreational vehicles include, but are not limited to, travel trailers; campers; motor coach homes; converted buses; and trucks, boats, and boat trailers.
REGULATION
A specific requirement set forth by this Unified Land Development Ordinance that must be followed.
REMOTE PARKING
A supply of off-street parking at a location not on the site of a given development.
RIGHT-OF-WAY
A strip of land, generally linear, occupied or intended to be occupied by a system that conveys people, traffic, fluids, utilities, or energy from one point to another. Rights-of-way may include streets and roads, crosswalks, bicycle paths, recreational trails, railroads or fixed guideway transit, electric transmission lines, gas pipelines, water mains, or sewer mains.
RURAL SUBDIVISION
A residential subdivision located more than one-half mile past the corporate limits but within the two-mile planning jurisdiction of the City; or outside of areas designated for future urban development by the Comprehensive Plan.
SALVAGE YARD (or SALVAGE SERVICES)
Places of business engaged in the storage, sale, dismantling or other processing of used or waste materials that are not intended for reuse in their original forms, including automotive wrecking yards, junkyards, or paper salvage yards.
SANITARY SEWER
A sewer that conducts sanitary wastes from a point of origin to a treatment or disposal facility. In developing areas, sanitary sewers normally include interceptor, outfall, local, and lateral sewers.
A. 
INTERCEPTORA sanitary sewer that serves as a trunk, collecting sewage generated by a number of individual developments.
B. 
OUTFALLA sanitary sewer that may be developed to connect an individual subdivision or development to an interceptor sewer.
C. 
LOCALA pipe that connects lateral sewers to an outfall or interceptor sewer.
D. 
LATERALA private service line connecting buildings to local sewers.
SCREENING
The method by which a view of one site from another adjacent site is shielded, concealed, or hidden. Screening techniques include fences, walls, hedges, berms, or other features as may be permitted by the landscape provisions of this chapter.
SEPTIC SYSTEM
An underground system, utilizing a watertight receptacle to receive the discharge of sewage and a soil absorption leach field, which provides for the decomposition of wastes produced by development on a single lot.
SETBACK
The distance as required by the minimum setback(s) which establishes the horizontal component(s) of the building envelope.
SHIPPING CONTAINER
Include standardized reusable vessels that were originally designed for or capable of being mounted or moved by rail, truck or ship by means of being mounted on a chassis or similar transport device. This definition includes the terms "transport containers" and "portable site storage containers" having a similar appearance to and similar characteristics of shipping containers.
[Added 11-20-2018 by Ord. No. 2018-19]
SIDEWALK
A paved path provided for pedestrian use, usually located at the side of and detached from a road, but within the right-of-way.
SIGN
A symbolic, visual device fixed upon a building, vehicle, structure, or parcel of land, which is intended to convey information about a product, business, activity, place, person, institution, candidate, or political idea.
SITE
The parcel of land to be developed or built upon. A site may encompass a single lot; or a group of lots developed as a common development under the special and overlay districts provisions of this chapter.
SITE PLAN
A plan, prepared to scale, showing accurately and with complete dimensioning the boundaries of a site and the location of all buildings, structures, uses, and principal site development features proposed for a specific parcel of land; and any other information that may be reasonably requested by the City in order that an informed decision can be made on the associated request.
STATE
The State of Nebraska.
STORM SEWER
A conduit that conducts storm drainage from a development or subdivision, ultimately to a drainageway or stream.
STORY
The portion of a building included between the surface of any floor and the surface of the next floor above it; if there is no floor above it, the space between such floor and the next ceiling above it. A half story is a story under a sloped roof, the wall heights of which on at least two opposite, exterior walls are less than four feet.
STREET
Land dedicated for public use, from right-of-way line to right-of-way, which affords a primary means of access to the abutting property. Streets may be categorized in a hierarchy or conceptual arrangement of streets based on function. The hierarchical approach classifies streets from courts or lanes, which provide private access to a limited number of lots, to arterials, which accommodate large volumes of high-speed, regional traffic. Street types contained within the hierarchy include:
A. 
Court or lane.
B. 
Local.
C. 
Collector.
D. 
Expressway.
E. 
Minor arterial.
F. 
Major arterial.
STREET, ARTERIAL
Streets or highways intended to provide for through traffic movement between areas of the City or across the City. Major arterials usually imply relatively high speeds and traffic volumes, and are often subject to control of access to individual properties. Minor arterials are generally intended to provide trips of moderate lengths and imply lower operating speeds and more frequent points of local access than major arterial streets.
STREET, COLLECTOR
A street connecting neighborhoods within the same communities, designed to carry traffic from local to arterial streets.
STREET, DESIGNED
A future street designated on the Comprehensive Development Plan to ensure traffic-carrying capacity between neighborhoods, connections between neighborhoods and major activity centers and accommodation of major through traffic. Such streets may be designated as "collectors," "arterials" or "expressways," with the tentative location of the street shown on the Transportation Plan.
STREET, INTERSECTING AND PRINCIPAL
In regard to a site, the principal street shall be the street to which the majority of lots on a blockface are oriented; the intersecting street shall be a street other than a principal street.
STREET, LOCAL
A street which is used primarily for access to the abutting properties.
STREET, MAJOR
A street carrying traffic between neighborhoods, connecting neighborhoods with major activity centers, or accommodating major through traffic. Major streets are designated as collectors, arterials, or expressways by the Comprehensive Development Plan.
STREET YARD
The distance between a lot line adjacent to a public street and the wall or facade of a building parallel to such lot line. If the building wall is not parallel to the lot line, the street yard depth shall be the distance between the street lot line and a parallel line that equals the average distance of the building wall or facade from the street lot line.
STRUCTURE
Any object constructed or built and attached or anchored permanently or semi-permanently to the ground in such a way as to prevent routine movement.
SUBDIVISION
The division of a lot, tract, or parcel into two or more lots, tracts, parcels, or other units of land for title transfer or development, when one of the resultant lots is equal to 10 acres or less.
TOWNHOUSE
A dwelling unit having a common wall with or abutting one or more adjacent dwelling units in a townhouse structure, with its own front and rear access to the outside, and neither above nor below any other dwelling unit.
TOWNHOUSE STRUCTURE
A building formed by at least two contiguous townhouses and not more than 12 contiguous townhouses with common or abutting walls.
URBAN SUBDIVISION
A residential subdivision generally located within the corporate limits of the City of Seward or within less than 1/2 mile of such corporate limits; or within an area designated for future urban development by the Comprehensive Development Plan.
USE
The conduct of an activity, or the performance of a function or operation, on a site or in a building or facility.
UTILITIES
Installations, either above ground or below ground, necessary for the production, generation, transmission, delivery, collection, treatment, or storage of water, solid or fluid wastes, stormwater, energy media, gas, electronic or electromagnetic signals, or other services which are precedent to development and use of land.
VACATION
The official abandonment of a public right-of-way or easement by the City in accordance with state law.
VARIANCE
A modification of the application of certain regulations or provisions of this chapter by the Board of Adjustment, under the authority provided by this chapter and state statutes.
VEHICLE, MOTOR
Any passenger vehicle, motorcycle, recreational vehicle, or truck that is propelled or drawn by mechanical power.
YARD, REQUIRED
That portion of a lot that lies between a lot line and the corresponding building setback line or the required landscape area. This area shall be unoccupied and unobstructed from the ground upward except as may be specifically provided for or required by this chapter.
A. 
FRONT YARDThe space extending the full width of a lot, lying between the front lot line and the front setback line. For a corner lot, the front yard shall normally be defined as that yard along a street which meets one of the following two criteria:
(1) 
The yard along the blockface to which a greater number of structures are oriented; or
(2) 
The yard along a street that has the smaller horizontal dimension.
B. 
REAR YARDThe space extending the full width of a lot, lying between the rear lot line and the rear setback line.
C. 
SIDE YARDThe space extending the depth of a lot from the front lot line to the rear lot line, lying between the side yard setback line and the interior lot line.
D. 
STREET SIDE YARDOn a corner lot, the space extending from the front yard to the rear yard, between the street side yard setback line and the street side lot line.
410 Street Side Yard.tif
ZONING ADMINISTRATOR
The City official authorized by the City Council to administer this Unified Land Development Ordinance.
ZONING DISTRICT
A designated specified land classification, within which all sites are subject to a unified group of use and site development regulations set forth in this Unified Land Development Ordinance.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
[2]
Editor's Note: See Ch. 225, Building Construction.
[3]
Editor's Note: See Ch. 225, Building Construction.
[4]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
[5]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
[6]
Editor's Note: See Part 8, Subdivision Regulations, of this chapter.
[7]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
[8]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).