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.Â
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.Â
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.Â
Shall, must, and may. "Shall" and "must" are always mandatory; "may"
is discretionary.
D.Â
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.Â
Conjunctions. Unless the context clearly indicates the contrary,
the following conjunctions shall be interpreted as follows:
F.Â
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.
Having lot lines or district boundaries in common. Used interchangeably
with "adjacent."
A structure that is incidental to and customarily associated
with a specific principal use or building on the same site.
A use that is incidental to and customarily associated with
a specific principal use on the same site.
Any construction that increases the size of a building or
structure in terms of site coverage, height, length, width, or gross
floor area.
The average number of motor vehicles per day that pass over
a given point or segment of street.
Any person showing written verification that he/she is acting
for, and with the knowledge and consent of, a property owner.
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.
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.
A housing unit within a building designed for and suitable
for occupancy by only one family. Apartments are generally located
within multifamily residential buildings.
The City Council of the City of Seward or its designee.
The American Society of Civil Engineers.
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.
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.
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.
The initial incorporation of labor and materials within the
foundation of a building or structure.
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.
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.
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.
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.
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.
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.
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.
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."
An exterior wall of a building exposed to public view.
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.
The outer boundary of a building established by the location
of its exterior walls.
The City official, designated by the City Council, who is
responsible for the enforcement of the applicable building code and
conditional use permits.[1]
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.
Activities that include the exchange or manufacture of goods
or services on a site.
A building containing more than one commercial business,
or any group of nonresidential buildings within a common development,
characterized by shared parking and access.
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.
The distance between the center line of roads intersecting
a common road from the same or opposite sides.
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]
The replacement of an existing use type by a new use type.
The bed or banks of a natural stream or drainageway that
convey the constant or intermittent flow of water, including storm
run-off.
The City of Seward, Nebraska.
The City Council of Seward, Nebraska.
An area held, designed, and designated for common or cooperative
use within a development.
A development proposed and planned as one unified project
not separated by a public street or alley.
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.
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.
The duly adopted Comprehensive Development Plan of the City
of Seward.
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.
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]
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.
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.
Wholly or in majority, a residential subdivision that permits
a reduction in lot area, setback, or other site development regulations,
provided:[5]
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.
Seward County, Nebraska.
An open, unoccupied space, bounded on two or more sides by
the walls of the building.
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.
A local street with only one outlet and with an opposite
end providing for the reversal of traffic.
A vertical or sloping edge of a roadway, intended to define
the edge of the cartway and to channel or control drainage.
A grant of land to the City or another public agency for
a public purpose.
The amount of development per specific unit of a site.
Standards that set forth specific improvement requirements.
Fully separated from any other building or not jointed to
another building in such a manner as to constitute an enclosed or
covered connection.
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.
The legal owner(s) or authorized agent of any land engaged
in a proposed development.
A planning or construction project involving substantial
improvement or change in the character and/or land use of a property.
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.
The removal of surface water or groundwater from land by
drains, grading, or other means.
The system through which water flows from the land.
Uses that involve the sale of products or provision of services
to occupants in vehicles.
A permanently paved, surfaced area providing vehicular access
between a street and an off-street parking or loading area.
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.
 |
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.
A roofed or covered space fully surrounded by walls.
The use of a lot or structure at the time of the effective
date of this chapter.
A major street with limited access for high traffic speeds
and volumes designed to move traffic around the City rather than through
it.
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.
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.
Pertaining to the government of the United States of America.
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.
The quotient of gross floor area of all buildings on a site
divided by the gross site area of the site.
 |
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.
An accessory building or portion of a main building used
primarily for storage of motor vehicles.
The elevation of the finished surface of ground, paving,
or sidewalk adjacent to any building line.
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.
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.
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.
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.
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.
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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.
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]
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.
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.
PERIMETER LANDSCAPED AREAAny required landscaped area that adjoins the exterior boundary of a lot, site or common development.
INTERIOR LANDSCAPED AREAAny landscaped area within a site, exclusive of required perimeter landscaping.
An approved private right-of-way that provides access to
residential properties and meets at least three of the following conditions:
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.
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.
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°.
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."
INTERIOR LOTA lot other than a corner lot whose sides do not abut a street.
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.
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The total horizontal area within the lot lines of a lot.
The mean horizontal distance measured between the front and
rear lot lines.
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.
FRONT LOT LINEThe lot line separating a lot and a public or private street right-of-way or easement.
For an interior lot, the lot line separating the lot from the
right-of-way or easement.
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.
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.
REAR LOT LINEThe lot line that is opposite and most distant from the front line.
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.
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.
The principal artery of a system of continuous piping which
conveys fluids and to which branches may be connected.
Any subdivision not defined and approved as a minor subdivision.
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.
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:
Any dwelling unit shall have no less than 900 square feet of
floor area.
Any dwelling shall have no less than 18 feet exterior width.
The roof shall be pitched with a minimum vertical rise of 2Â 1/2
inches for each 12 inches of horizontal run.
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.
The dwellings shall have wheels, axles, transporting lights,
and removable towing apparatus removed if present.
The dwelling shall be placed upon a permanent foundation approved
by the City of Seward.
All utility services shall be directly connected to the structure.
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.
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.
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.
A single development that incorporates complementary land
use types into a single development.
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."
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.
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.
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.
Any traffic lane within a cartway where traffic movement
is the primary or sole function.
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.
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.
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.
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.
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.
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.
Located outside the boundaries of the parcel that is the
subject of an application.
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.
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]
A district established by this chapter that prescribes special
regulations to be applied to a site only in combination with a base
district.
An individual, firm, association, syndicate, partnership,
or corporation having sufficient proprietary interest to seek development
of land.
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.
A lane located on the sides of streets, designated or allowing
on-street parking of motor vehicles.
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.
Permanently surfaced with poured concrete, concrete pavers,
or asphalt.
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.
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.
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.
The Planning Commission of the City of Seward.
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.
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.
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.
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.
A lot, parcel, tract or plot of land, contiguous and under
common ownership or control, together with the buildings and structure
thereon.
The main use of land or structures, as distinguished from
an accessory use.
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.
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.
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.
A specific requirement set forth by this Unified Land Development
Ordinance that must be followed.
A supply of off-street parking at a location not on the site
of a given development.
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.
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.
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.
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.
INTERCEPTORA sanitary sewer that serves as a trunk, collecting sewage generated by a number of individual developments.
OUTFALLA sanitary sewer that may be developed to connect an individual subdivision or development to an interceptor sewer.
LOCALA pipe that connects lateral sewers to an outfall or interceptor sewer.
LATERALA private service line connecting buildings to local sewers.
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.
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.
The distance as required by the minimum setback(s) which
establishes the horizontal component(s) of the building envelope.
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]
A paved path provided for pedestrian use, usually located
at the side of and detached from a road, but within the right-of-way.
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.
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.
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.
The State of Nebraska.
A conduit that conducts storm drainage from a development
or subdivision, ultimately to a drainageway or stream.
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.
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:
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.
A street connecting neighborhoods within the same communities,
designed to carry traffic from local to arterial streets.
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.
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.
A street which is used primarily for access to the abutting
properties.
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.
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.
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.
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.
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.
A building formed by at least two contiguous townhouses and
not more than 12 contiguous townhouses with common or abutting walls.
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.
The conduct of an activity, or the performance of a function
or operation, on a site or in a building or facility.
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.
The official abandonment of a public right-of-way or easement
by the City in accordance with state law.
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.
Any passenger vehicle, motorcycle, recreational vehicle,
or truck that is propelled or drawn by mechanical power.
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.
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:
REAR YARDThe space extending the full width of a lot, lying between the rear lot line and the rear setback line.
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.
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.
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The City official authorized by the City Council to administer
this Unified Land Development Ordinance.
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.
