Article 3 shall be known as the "Use Types." The purpose of
the use types is to establish a classification system for land uses
and a consistent set of terms defining uses permitted or conditionally
permitted within various zoning districts. The use types article also
provides a procedure for determining the applicable use type of any
activity not clearly within any defined use type.
A.
Classification of uses. In the event of any question as to the appropriate
use types of any existing or proposed use or activity, the Zoning
Administrator of the City of Seward shall have the authority to determine
the appropriate use type. A determination of the Zoning Administrator
may be appealed to the Board of Adjustment. In making such determinations,
the Zoning Administrator and Board of Adjustment shall consider such
characteristics or specific requirements of the use in common with
those included as examples of use types. Those examples, when included
in use type descriptions, are intended to be illustrative, as opposed
to exclusive lists.
B.
Records. The Zoning Administrator shall make all such determinations
of appropriate use types in writing. The record of the determination
shall contain a report explaining the reasons for the determination.
Agricultural use types include the planting, cultivating, harvesting,
and storage of grains, hay, or plants commonly grown in Seward County;
or the raising and feeding of livestock or poultry.
A.
Horticulture: the growing of horticultural and floricultural specialties,
such as flowers, shrubs, or trees intended for ornamental or landscaping
purposes. This definition may include accessory retail sales under
certain conditions. Typical uses include wholesale plant nurseries
and greenhouses.
B.
Crop production: the raising and harvesting of tree crops, row crops
or field crops on an agricultural or commercial basis. This definition
may include accessory retail sales under certain conditions.
C.
Animal production: the raising of animals or production of animal
products, such as eggs or dairy products, on an agricultural or commercial
basis on a site which is also used for crop production or where grazing
of natural vegetation is the major feed source; or the raising of
animals for recreational or educational use. Typical uses include
grazing, ranching, free-range dairy farming, and poultry farming.
D.
Confined animal feeding operation (CAFO): the use of a site of any
size for the confined feeding or holding of 1,000 or more animal units
of livestock or poultry, or of a site with a gross density of two
or more animal units per acre, within buildings, lots, pens, or other
close quarters which are not used for crop production or where grazing
of natural vegetation is not the major feed source. Livestock and
poultry shall include any animal or fowl that is used primarily for
use as food or food products for human consumption, or for laboratory
or testing purposes. A CAFO does not include areas which are used
for the raising of crops or other vegetation, and upon which livestock
are allowed to graze or feed. For the purpose of calculating animal
units, the animal unit equivalents for each type of livestock are
established as follows:
|
Type of Livestock
|
Equivalent Animal Units Per Acre
| |
|---|---|---|
|
Slaughter and feed cattle
|
1.00
| |
|
Mature dairy cattle
|
1.40
| |
|
Swine
|
0.75
| |
|
Sheep
|
0.20
| |
|
Horses
|
2.00
| |
|
Turkeys
|
0.20
| |
|
Ducks
|
0.20
| |
|
Chickens
|
0.10
|
E.
Livestock sales: the use of a site for the temporary confinement
and exchange or sale of livestock. Typical uses include sales barns.
Residential use types include uses providing wholly or primarily
nontransient living accommodations. They exclude institutional living
arrangements providing twenty-four-hour skilled nursing or medical
care, forced residence, or therapeutic settings.
A.
Single-family residential: the use of a site for one dwelling unit,
occupied by one family. Mobile home units, as defined by this section,
are not a single-family residential use type.
(1)
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.
(2)
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.
B.
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.
C.
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.
D.
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.
E.
Multiple-family residential: the use of a site for three or more
dwelling units within one building not otherwise defined as townhouse
units.
F.
Downtown residential: the use of upper levels above street level
of a building within the Central Business District of the City of
Seward for single- or multiple-family residential uses.
G.
Group residential: 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.
H.
Lodging house: the use of a site for the residence of more than four
unrelated persons, not otherwise defined as a family, in which occupants
are accommodated in rooms not defined as dwelling units.
I.
Manufactured home residential: use of a site for one or more manufactured home dwellings, as defined in § 410-2.3.
J.
Mobile home park: use of a site under single ownership for one or
more mobile home units. Generally, the land on which mobile homes
are placed in a mobile home park is leased from the owner of the facility.
K.
Mobile home subdivision: division of a tract of land into lots that
meet all the requirements of the City of Seward's subdivision ordinance
for the location of mobile homes.[1] Generally, a lot within a mobile home subdivision is owned
by the owner of the mobile home placed upon such lot.
L.
Retirement residence: a building or group of buildings which provides
residential facilities, provided that 75% of the residents are at
least 60 years of age, or households headed by a householder of at
least 60 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.
Civic use types include the performance of utility, educational,
recreational, cultural, medical, protective, governmental, and other
uses that are strongly vested with social importance.
A.
Administration: governmental offices providing administrative, clerical
or public contact services that deal directly with the citizen, together
with incidental storage and maintenance of necessary vehicles. Typical
uses include federal, state, county, and City offices.
B.
Cemetery: land used or intended to be used for the burial of the
dead and dedicated for cemetery purposes, including columbariums,
crematoria, mausoleums and mortuaries when operated in conjunction
with and within the boundary of such cemetery.
C.
Clubs: uses providing meeting, recreational, or social facilities
for a private, nonprofit or noncommercial association, primarily for
use by members and guests.
(1)
Clubs (recreational): clubs that provide indoor and/or outdoor
athletic facilities, with or without social or meeting facilities.
Typical uses include country clubs, private or nonprofit community
or recreation centers, and private golf courses and driving ranges.
(2)
Clubs (social): clubs that provide primarily social or meeting
facilities. Typical uses include private social clubs and fraternal
organizations.
D.
College and university facilities: an educational institution of
higher learning that offers a course of study designed to culminate
in the issuance of a degree certified by a generally recognized accrediting
organization.
E.
Convalescent services: a use providing bed care and inpatient services
for persons requiring regular medical attention, but excluding a facility
providing surgical or emergency medical services and excluding a facility
providing care for alcoholism, drug addiction, mental disease, or
communicable disease. Typical uses include nursing homes.
F.
Cultural services: a library, museum, or similar registered nonprofit
organizational use displaying, preserving and exhibiting objects of
community and cultural interest in one or more of the arts and sciences.
G.
Day-care services (limited): includes all classifications of day-care
facilities regulated by the State of Nebraska that operate providing
care for not more than six persons. This term includes nursery schools,
preschools, day-care centers for children or adults, and similar uses,
but excludes public and private primary and secondary educational
facilities.
H.
Day-care services (general): includes all classifications of day-care
facilities regulated by the State of Nebraska that operate providing
care for more than six persons. This term includes nursery schools,
preschools, day-care centers for children or adults, and similar uses,
but excludes public and private primary and secondary educational
facilities.
I.
Detention facilities: a publicly operated or contracted use providing
housing and care for individuals legally confined, designed to isolate
those individuals from the community.
J.
Emergency residential services: a facility or use of a building to
provide a protective sanctuary for victims of crime or abuse, including
emergency housing during crisis intervention for victims of rape,
abuse, or physical beatings.
K.
Group-care facility: 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
four 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 defined as "group homes." Group-care facilities include facilities
which provide for the:
(1)
Adaptation to living with, or rehabilitation from, the handicaps
of physical disability.
(2)
Adaptation to living with, or rehabilitation from, the handicaps
of emotional or mental disorder; or of mental retardation if such
facility has an overnight occupancy of more than eight persons.
(3)
Rehabilitation from the effects of drug or alcohol abuse.
(4)
Supervision while under a program alternative to imprisonment,
including but not limited to pre-release, work-release, and probationary
programs.
L.
Group home: a facility licensed 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
adaptation to living with or rehabilitation from cerebral palsy, autism,
or mental retardation.
M.
Guidance services: a use providing counseling, guidance, recuperative,
or similar services to persons requiring rehabilitation assistance
as a result of mental illness, alcoholism, detention, drug addiction,
or similar condition on a daytime care basis.
N.
Health care: a facility providing medical, psychiatric, or surgical
service for sick or injured persons exclusively on an outpatient basis,
including emergency treatment, diagnostic services, training, administration
and services to outpatients, employees, or visitors.
O.
Hospital: a facility providing medical, psychiatric, or surgical
service for sick or injured persons primarily on an inpatient basis,
including emergency treatment, diagnostic services, training, administration,
and services to patients, employees, or visitors.
P.
Maintenance facilities: a public facility supporting maintenance,
repair, vehicle or equipment servicing, material storage, and similar
activities, including street or sewer yards, equipment service centers,
and similar uses having characteristics of commercial services or
contracting or industrial activities.
Q.
Park and recreation services: publicly owned and operated parks,
playgrounds, and recreation facilities, including publicly owned community
centers, and open spaces.
R.
Postal facilities: postal services, including post offices, bulk
mail processing or sorting centers operated by the United States Postal
Service.
S.
Primary educational facilities: a public, private, or parochial school
offering instruction at the elementary school level in the branches
of learning study required to be taught in schools within the State
of Nebraska.
T.
Public assembly: facilities owned and operated by a public agency,
charitable nonprofit, or private organization accommodating major
public assembly for recreation, sports, amusement, or entertainment
purposes. Typical uses include civic or community auditoriums, sports
stadiums and arenas, convention facilities, fairgrounds, incidental
sales, and exhibition facilities.
U.
Religious assembly: a use located in a permanent building and providing
regular organized religious worship and religious education incidental
thereto (excluding private primary or private secondary educational
facilities, community recreational facilities, day-care facilities,
and incidental parking facilities). A property tax exemption obtained
pursuant to the Property Tax Code of the State of Nebraska shall constitute
prima facie evidence of religious assembly use.
V.
Safety services: facilities for conduct of public safety and emergency
services, including police and fire protection services and emergency
medical and ambulance services.
W.
Secondary educational facilities: a public, private, or parochial
school offering instruction at the junior high or high school level
in the branches of learning and study required to be taught in the
schools of the State of Nebraska.
X.
Utilities: any aboveground structures or facilities, other than lines,
poles, and other incidental facilities, used for the production, generation,
transmission, delivery, collection, or storage of water, sewage, electricity,
gas, oil, energy media, communications, electronic or electromagnetic
signals, or other services which are precedent to development and/or
use of land.
Office use types include 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.
A.
Corporate offices: use of a site for administrative, processing,
or research offices, which generally does not provide service to clientele
from Seward and the surrounding region. Corporate offices are destinations
for commuters drawn from a relatively wide region around Seward, as
well as from the community itself. Typical uses include corporate
headquarters offices, telemarketing, or information processing offices.
B.
General offices: use of a site for business, professional, or administrative
offices which may invite clients from both local and regional areas.
Typical uses include real estate, insurance, management, travel, or
other business offices; organization and association offices; or professional
offices.
C.
Financial services: provision of financial and banking services to
consumers or clients. Walk-in and drive-in services to consumers are
provided on site. Typical uses include banks, savings and loan associations,
credit unions, savings banks, and loan companies. An ATM (automatic
teller machine) that is not accompanied on-site by an office of its
primary financial institution is considered within the personal services
use type. The financial services use type is divided into two categories:
D.
Medical offices: use of a site for facilities which provide diagnoses
and outpatient care on a routine basis, but which do 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. The medical offices use type is divided
into two categories:
[Amended 4-3-2018 by Ord.
No. 2018-10; 2-8-2019 by Ord. No. 2019-05; 6-16-2020 by Ord. No. 2020-13; 10-4-2022 by Ord. No. 2022-17]
Commercial uses include the sale, rental, service, and distribution
of goods; and the provision of services other than those classified
under other use types.
A.
Agricultural sales and service: establishments or places of business
engaged in sale from the premises of feed, grain, fertilizers, farm
equipment, pesticides and similar goods or in the provision of agriculturally
related services with incidental storage on lots other than where
the service is rendered. Typical uses include nurseries, hay, farm
implement dealerships, feed and grain stores, and tree service firms.
B.
Automotive and equipment services: establishments or places of business
primarily engaged in sale and/or service of automobiles, trucks, or
heavy equipment. The following are considered automotive and equipment
use types:
(1)
Automobile auction lots: sale of motor vehicles through a process
of periodic auctions or bid procedures. Automobile auction lots usually
include large on-site storage areas of motor vehicles and lack showrooms,
auto repair facilities and other structures and facilities that are
typical of new car dealerships.
(2)
Automotive rental and sales: sale or rental of automobiles,
noncommercial trucks, motorcycles, motor homes, recreational vehicles
or boats, including incidental storage, maintenance, and servicing.
Typical uses include new and used car dealerships; motorcycle dealerships;
and boat, trailer, and recreational vehicle dealerships.
(3)
Auto services: provision of fuel, lubricants, parts and accessories,
and incidental services to motor vehicles; and washing and cleaning
and/or repair of automobiles, noncommercial trucks, motorcycles, motor
homes, recreational vehicles, or boats, including the sale, installation,
and servicing of equipment and parts. Typical uses include service
stations, car washes, muffler shops, auto repair garages, tire sales
and installation, wheel and brake shops, and similar repair and service
activities, but exclude dismantling, salvage, or body and fender repair
services.
(4)
Body repair: repair, painting, or refinishing of the body, fender,
or frame of automobiles, trucks, motorcycles, motor homes, recreational
vehicles, boats, tractors, construction equipment, agricultural implements,
and similar vehicles or equipment. Typical uses include body and fender
shops, painting shops, and other similar repair or refinishing garages.
(5)
Equipment rental and sales: sale or rental of trucks, tractors,
construction equipment, agricultural implements, mobile homes, and
similar heavy equipment, including incidental storage, maintenance,
and servicing. Typical uses include truck dealerships, construction
equipment dealerships, and mobile home sales establishments.
(6)
Equipment repair services: repair of trucks, tractors, construction
equipment, agricultural implements, and similar heavy equipment. Typical
uses include truck repair garages, tractor and farm implement repair
services, and machine shops, but exclude dismantling, salvage, or
body and fender repair services.
C.
Bed-and-breakfast: a lodging service that provides overnight or short-term
accommodations to guests or visitors, usually including provision
of breakfast. Bed-and-breakfasts are usually located in large residential
structures that have been adapted for this use. For the purpose of
this definition, bed-and-breakfasts are always owned and operated
by the resident owner or resident manager of the structure, include
no more than four units, and accommodate each guest or visitor for
no more than 14 consecutive days during any one-month period.
D.
Business support services: establishments or places of business primarily
engaged in the sale, rental or repair of equipment, supplies and materials
or the provision of services used by office, professional and service
establishments to the firms themselves, but excluding automotive,
construction and farm equipment. Typical uses include office equipment
and supply firms, small business machine repair shops or hotel equipment
and supply firms, messenger and delivery services, custodial or maintenance
services, and convenience printing and copying.
E.
Business or trade schools: a use providing education or training
in business, commerce, language, or other similar activity or occupational
pursuit, and not otherwise defined as a home occupation, college or
university, or public or private educational facility.
F.
Campground: facilities providing camping or parking areas and incidental
services for travelers in recreational vehicles or tents, which accommodate
each guest or visitor for no more than 14 consecutive days during
any one-month period.
G.
Cocktail lounge: a use engaged in the preparation and retail sale
of alcoholic beverages for consumption on the premises, including
taverns, bars, cocktail lounges, and similar uses other than a restaurant
as that term is defined in this section.
H.
Commercial recreation (controlled-impact): private businesses, or
other organizations which may or may not be commercial by structure
or by nature, which are primarily engaged in the provision or sponsorship
of sports, entertainment, or recreation for participants or spectators.
Controlled-impact commercial recreation uses typically take place
entirely within enclosed buildings or, when outdoors, have limited
effects related to lighting, hours of operation, or noise. Typical
uses include theaters, private dance halls, billiard or bowling centers,
game arcades, indoor skating facilities, miniature golf courses, and
private golf courses.
I.
Commercial recreation (high-impact): private businesses, or other
organizations which may or may not be commercial by structure or by
nature, which are primarily engaged in the provision or sponsorship
of sports, entertainment, or recreation for participants or spectators.
High-impact commercial recreation uses are typically located outdoors
and have operating effects caused by lighting, noise, traffic, or
hours of operation that create substantial environmental impacts.
Typical uses include shooting ranges, lighted driving ranges, go-kart
tracks, amusement parks, race tracks, and private baseball complexes.
J.
Communications services: establishments primarily engaged in the
provision of broadcasting and other information relay services accomplished
through the use of electronic and telephonic mechanisms, but excludes
those classified as "utilities." Typical uses include television studios,
telecommunications service centers, telegraph service offices, or
film and sound recording facilities. Broadcast and communications
towers, and their minor ancillary ground structures, are classified
as "miscellaneous use types."
K.
Construction sales and services: establishments or places of business
primarily engaged in the retail or wholesale sale, from the premises,
of materials used in the construction of buildings or other structures
other than retail sale of paint, fixtures and hardware. This use type
excludes those uses classified under "automotive and equipment services."
Typical uses include building materials sales, or tool and equipment
rental or sales.
L.
Consumer services: establishments that provide services, primarily
to individuals and households, but excluding automotive use types.
Typical uses include automated banking machines, appliance repair
shops, watch or jewelry repair shops, or musical instrument repair
shops.
M.
Convenience storage: storage services primarily for personal effects
and household goods within enclosed storage areas having individual
access, but excluding use of such areas as workshops, hobby shops,
manufacturing, or commercial activity. Typical uses include mini-warehousing.
N.
Dog day care: establishments where dogs may be groomed, trained,
exercised, and socialized but not bred, sold, or let for hire. Dogs
may be boarded when totally within a building.
O.
Food sales: establishments or places of business primarily engaged
in the retail sale of food or household products for home consumption.
Food sales establishments may include the sale of non-food items.
Typical uses include groceries, delicatessens, meat markets, retail
bakeries, and candy shops.
(1)
Convenience food sales: establishments occupying facilities
of less than 10,000 square feet; and characterized by sales of specialty
foods or a limited variety of general items, and the sale of fuel
for motor vehicles.
(2)
Limited food sales: establishments occupying facilities 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, and small grocery stores.
(3)
General food sales: establishments selling a wide variety of
food commodities and related items, using facilities 10,000 square
feet or larger 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 40,000 square feet or larger.
Typical uses include large grocery stores.
P.
Funeral services: establishments engaged in undertaking services
such as preparing the human dead for burial, and arranging and managing
funerals. Typical uses include funeral homes or mortuaries.
Q.
Gaming facilities: establishments engaged in the lawful, on-site
operation of games of chance that involve the risk of money for financial
gain by patrons. Gaming facilities shall include the accessory sale
of liquor and food, pursuant to regulations of the City of Seward
and/or the State of Nebraska.
R.
Kennels: boarding and care services for dogs, cats and similar small
mammals or large birds; or any premises on which more than three animals
included under this definition over four months of age are kept and
maintained. Typical uses include boarding kennels, ostrich-raising
facilities, pet motels, or dog training centers.
S.
Laundry services: establishments primarily engaged in the provision
of laundering, cleaning or dyeing services other than those classified
as "personal services." Typical uses include bulk laundry and cleaning
plants, diaper services, or linen supply services.
T.
Liquor sales: establishments or places of business engaged in retail
sale of alcoholic beverages for off-premises consumption. Typical
uses include liquor stores, bottle shops, or any licensed sales of
liquor, beer or wine for off-site consumption.
U.
Lodging: lodging services involving the provision of room and/or
board, but not meeting the classification criteria of bed-and-breakfasts.
Typical uses include hotels, apartment hotels, and motels.
V.
Personal improvement services: establishments primarily engaged in
the provision of informational, instructional, personal improvements
and similar services of a nonprofessional nature. Typical uses include
driving schools, health or physical fitness studios, music schools,
reducing salons, dance studios, handicraft and hobby instruction.
W.
Personal services: 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 when performing massage services 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.
X.
Pet services: retail sales, incidental pet health services, and grooming
and boarding, when totally within a building, of dogs, cats, birds,
fish, and similar small animals customarily used as household pets.
Typical uses include pet stores, small animal clinics, dog bathing
and clipping salons, and pet grooming shops, but exclude uses for
livestock and large animals.
Y.
Research services: establishments primarily engaged in research of
an industrial or scientific nature. Typical uses include electronics
research laboratories, space research and development firms, testing
laboratories, or pharmaceutical research labs.
Z.
Restaurants: a use engaged in the preparation and retail sale of
food and beverages; including the sale of alcoholic beverages when
conducted as a secondary feature of the use.
(1)
Restaurant (drive-through or fast-food): an establishment that
principally supplies food and beverages in disposable containers and
is characterized by high automobile accessibility, ordering boards,
drive-through windows/lanes, on-site accommodations, self-service,
and short stays by customers.
(2)
Restaurant (general): an establishment characterized by table
service to customers and/or accommodation to walk-in clientele, as
opposed to drive-in or fast-food restaurants. Typical uses include
cafes, coffee shops, and restaurants.
AA.
Restricted (or adult) businesses: any business activity that 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. 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.
(1)
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.
(2)
"Specified sexual activities" include any of the following conditions:
(a)
Human genitals in a state of sexual stimulation or arousal.
(b)
Acts or representations of acts of human masturbation, sexual
intercourse with humans or animals, oral sex, or flagellation.
(c)
Fondling or erotic touching of human genitals, pubic region,
buttock, or female breast.
(d)
Excretory functions as part of or in connection with any activities
set forth in (a) through (c) above.
BB.
Retail services: sale or rental with incidental service of commonly
used goods and merchandise for personal or household use, but excludes
those 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:
(1)
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).
(2)
General retail services include:
(a)
Limited retail services: establishments providing retail services,
occupying facilities of 3,000 square feet or less. Typical establishments
provide for specialty retailing or retailing oriented to Seward and
its surrounding vicinity.
(b)
Medium retail services: establishments providing retail services,
occupying facilities between 3,001 square feet and 10,000 square feet
in a single establishment or multi-tenant facility. Typical establishments
provide for specialty retailing or general-purpose retailing oriented
to Seward and its surrounding vicinity.
(c)
Large retail services: establishments providing retail services,
occupying facilities between 10,001 square feet and 40,000 square
feet in a single establishment or multi-tenant facility. Typical establishments
provide for specialty retailing or general retailing oriented to Seward
and its surrounding vicinity.
(d)
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
retailing oriented to Seward and the surrounding region.
CC.
Stables and/or riding academies: the buildings, pens and pasture
areas used for the boarding and feeding of horses, llamas, or other
equine not owned by the occupants of the premises. This use includes
instruction in riding, jumping, and showing or the riding of horses/equines
for hire.
DD.
Surplus sales: businesses engaged in the sale, including sale by
auction, of used items or new items which are primarily composed of
factory surplus or discontinued items. Surplus sales uses sometimes
include regular outdoor display of merchandise. Typical uses include
flea markets, auction houses, factory outlets, or merchandise liquidators.
EE.
Trade services: establishments or places of business primarily engaged
in the provision of services that are not retail or primarily dedicated
to walk-in clientele. These services often involve services to construction
or building trades and may involve a small amount of screened, outdoor
storage in appropriate zoning districts. Typical uses include shops
or operating bases for plumbers, electricians, or HVAC (heating, ventilating,
and air conditioning) contractors.
FF.
Travel centers: facilities that provide for the sale of fuel, provisions,
and supplies to motorists, including operators of over-the-road trucks,
in which less than 30% of the total site area is devoted to the servicing,
accommodation, parking, or storage of over-the-road trucks. The calculation
of these areas includes but is not limited to fuel islands for diesel
fuel, truck washing facilities, truck parking areas, and associated
maneuvering areas. Travel centers include a mix of uses, including
food sales, general retail services, auto and equipment services,
and restaurants, and are typically located along or near interstate
highways or other principal state and federal designated highway routes.
GG.
Truck stops: facilities that provide for the sale of fuel, provisions,
and supplies to motorists, including operators of over-the-road trucks,
in which 30% or more of the total site area is devoted to the servicing,
accommodation, parking, or storage of over-the-road trucks. The calculation
of these areas includes but is not limited to fuel islands for diesel
fuel, truck washing facilities, truck parking areas, and associated
maneuvering areas. Travel centers include a mix of uses, including
food sales, general retail services, auto and equipment services,
and restaurants, and are typically located along or near interstate
highways or other principal state and federal designated highway routes.
HH.
Veterinary services (general): veterinary services and hospitals
for small animals. Typical uses include pet clinics, dog and cat hospitals,
pet cemeteries and crematoriums, and veterinary hospitals for livestock
and large animals.
II.
Veterinary services (large animal): veterinary services and hospitals
for large animals such as cows, bulls, horses, and other livestock.
Typical uses include veterinary hospitals for livestock and large
animals.
A.
Off-street parking: Parking use types include surface parking of
motor vehicles on a temporary basis within a privately or publicly
owned off-street parking facility.
B.
Parking structure: the use of a site for a multilevel building which
provides for the parking of motor vehicles on a temporary basis, other
than as an accessory to a principal use on the same site.
Industrial use types include the on-site extraction or production
of goods by nonagricultural methods, and the storage and distribution
of products.
A.
Agricultural industry: establishments which include the storage,
manufacture, sale, or distribution of agricultural supplies or products
that create major external effects, including substantial truck or
rail traffic and/or significant potential for hazard. Typical uses
include grain elevators and storage of agricultural chemicals such
as anhydrous ammonia. Agricultural industries do not include retailers
of farm equipment or other, generally nonhazardous agricultural supplies.
B.
Construction yards: establishments housing facilities of businesses
primarily engaged in construction activities, including incidental
storage of materials and equipment on lots other than construction
sites. Typical uses are building contractor's yards.
C.
D.
Light industry: 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. These establishments
are characterized by having no major 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.
E.
General industry: 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, but often including outdoor storage of materials or
products.
F.
Heavy industry: 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.
G.
Recycling collection: any site which is used in whole or part for
the receiving or collection of any post-consumer, nondurable goods,
including, but not limited to, glass, plastic, paper, cardboard, aluminum,
tin, or other recyclable commodities.
H.
Recycling processing: any site which is used for the processing of
any post-consumer, nondurable goods, including, but not limited to,
glass, plastic, paper, cardboard, aluminum, tin, or other recyclable
commodities.
I.
Resource extraction: a use involving on-site extraction of surface
or subsurface mineral products or natural resources, excluding site
grading for a specific construction project or preparation of a site
for subsequent development. Typical uses are quarries, borrow pits,
sand and gravel operations, mining, and removal of dirt for off-site
use.
J.
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. Typical uses include
automotive wrecking yards, junkyards, or paper salvage yards.
K.
Vehicle storage: storage of operating or nonoperating vehicles. Typical uses include storage of private parking tow-aways, impound yards, and personal RV and vehicle storage facilities but exclude dismantling, salvage, and individual storage or parking vehicles on primary residence property per ULDO Article 34.
[Amended 2-8-2019 by Ord.
No. 2019-05]
L.
Warehousing (enclosed): uses including storage, distribution, and
handling of goods and materials within enclosed structures. Typical
uses include wholesale distributors, storage warehouses, and van and
storage companies.
M.
Warehousing (open): uses including open-air storage, distribution,
and handling of goods and materials. Typical uses include monument
yards, grain elevators, and open storage.
Transportation use types include the use of land for the purpose
of providing facilities supporting the movement of passengers and
freight from one point to another.
A.
Aviation (general): airports, including take-off and landing fields,
aircraft parking and service facilities, and related facilities for
operation, service, fueling, repair, storage, charter, sales, and
rental of aircraft, and including activities directly associated with
the operation and maintenance of airport facilities and the provision
of safety and security. Typical uses include private or municipal
airports.
B.
Aviation (private): take-off or landing strips or fields within a
parcel generally put to other uses and primarily used for the convenience
of the owner of the parcel. Typical uses include private airstrips
within a large property.
C.
Railroad facility: fixed railroad facilities, including switching
yards, equipment servicing facilities, and freight terminal facilities,
but not including normal rights-of-way.
D.
Transportation terminal: facility for loading, unloading, and interchange
of passengers, baggage, and incidental freight or package express,
including bus terminals, railroad stations, and public transit facilities.
E.
Truck terminal: a facility for the receipt, transfer, short-term
storage, and dispatching of goods transported by truck.
A.
Alternative energy production devices: the use of a site for the
production of energy utilizing methods that do not involve the oxidation,
combustion, or fission of primary materials. Typical uses include
solar collector fields, geothermal energy installations, or water-powered
mills or generating facilities.
B.
Amateur radio tower: a structure(s) for the transmission or broadcasting
of electromagnetic signals by FCC-licensed amateur radio operators.
C.
Communications tower: a structure(s) for the transmission or broadcasting
of radio, television, radar, or microwaves, ordinarily exceeding the
maximum height permitted in its zoning district. Typical uses include
broadcasting towers and cellular communications towers.
D.
Construction batch plant: a temporary demountable facility used for
the manufacturing of cement, concrete, asphalt, or other paving materials
intended for specific construction projects.
E.
Landfill A (nonputrescible solid waste disposal): the use of a site
as a depository for solid wastes that do not readily undergo chemical
or biological breakdown under conditions normally associated with
land disposal operations. Typical disposal material would include
ashes, concrete, paving wastes, rock, brick, lumber, roofing materials
and ceramic tile.
F.
Landfill B (putrescible and nonputrescible solid waste disposal):
the use of a site as a depository for any solid waste except hazardous
and toxic waste as defined by the Federal Environmental Protection
Agency and/or the State of Nebraska. Typical disposal material would
include nonputrescible wastes; and putrescible wastes such as vegetation,
tree parts, agricultural wastes (garbage) and manure.
G.
Shipping containers: 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[1]]
[1]
Editor's Note: This ordinance also provided for the redesignation
of former Subsection G as Subsection H.
H.
Wind energy conservation system (WECS): any device that converts
wind energy to a form of usable energy, including wind charges, windmills,
or wind turbines.
