Zoning districts are established in the zoning regulations to promote compatible land use patterns and to establish site development regulations appropriate to the purposes and specific nature of each district.
The following base districts and overlay districts are hereby established:
Base Zoning Districts
District Name
AG
Agricultural/Urban Reserve District
RR
Rural Residential District
R-1
Urban Residential Low-Density District
R-2
Urban Residential Moderate-Density District
R-3
Urban Residential Mixed-Density District
R-4
Urban Residential High-Density District
RM
Mobile Home Residential District
UC
Urban Corridor Mixed Use District
C-1
Community Commercial District
C-2
Highway Commercial District
CBD
Downtown Seward Mixed Use District
BP
Business Park District
I-1
Limited Industrial District
I-2
General Industrial District
Special Districts
District Name
MU
Mixed Use Special District
U/MU
University Mixed Use District
C/OS
Conservation/Open Space District
Overlay Districts
District Name
PUD
Planned Unit Development Overlay District
TND
Traditional Neighborhood Development Overlay District
RC
Rural Conservation Development Overlay District
ND
Historic and Neighborhood Conservation Overlay District
FP/FW
Floodplain Overlay District
AV
Aviation Overlay District
A. 
A base district designation shall apply to each lot or site within the City and its planning jurisdiction. A site must be in one base district.
B. 
Overlay districts may be applied to any lot or site or any portion thereof, in addition to a base district designation.
C. 
Special districts stand alone as a base district.
References in the Unified Land Development Ordinance to less intensive or more intensively urbanized districts shall be deemed to refer to those agricultural, residential, commercial, and industrial base zoning districts established in § 410-4.2, and shall represent a progression from the AG Agricultural District as the least intensively urbanized to the I-2 General Industrial District as the most intensively urbanized.
For each zoning district, permitted uses are set forth in the Use Matrix. Individual sections describe the purpose and specific development regulations for each zoning district. Supplemental regulations may affect specific land uses or development regulations in each zoning district. The applicable supplemental regulations are noted in Use Matrix.[1]
[1]
Editor's Note: The Use Matrix is included as an attachment to this chapter.
A. 
Adoption of Zoning Map. Boundaries of zoning districts established by these zoning regulations shall be shown on the Zoning Map maintained by the City Clerk. This map shall bear the signature of the Mayor attested by the City Clerk under the certification that this is the Official Zoning Map referred to by this chapter. This map, together with all legends, references, symbols, boundaries, and other information, shall be adopted as a part of and concurrent with these regulations. Said Zoning Map shall be on file with the City Clerk and shall be readily accessible to the public at Seward City Hall.
B. 
Changes to Zoning Map. The City Council may from time to time adopt a new Official Zoning Map which shall supersede the prior Official Zoning Map, in the event that the Official Zoning Map becomes damaged or destroyed, or for purposes of clarity due to a number of boundary changes, or to correct drafting errors or omissions; provided, however, that any such adoption shall not have the effect of amending the original Unified Land Development Ordinance or any subsequent amendment thereof.
The following rules shall apply in determining the boundaries of any zoning district shown on the Zoning Map:
A. 
Where district boundaries are indicated as approximately following lot lines, such lot lines shall be considered the district boundaries.
B. 
Where district boundaries are indicated as within a street or alley, railroad, streams or creeks, or other identifiable rights-of-way, the center line of such rights-of-way shall be deemed the district boundary.
C. 
Where a district boundary divides a property, the location of the boundary shall be determined by the use of the scale appearing on the Zoning Map.
D. 
Where district boundaries are indicated as approximately following corporate limits, such corporate limits shall be considered the district boundaries.
E. 
Where district boundaries are indicated as approximately following section lines, quarter-section lines, or quarter-quarter-section lines, such lines shall be considered the district boundaries.
F. 
Boundaries not capable of being determined as set forth in Subsections A through E shall be as dimensioned on the Official Zoning Map or if not dimensioned shall be determined by the scale shown on the map.
Whenever a public street or alley is vacated, the zoning district adjoining each side of such right-of-way shall be extended out to the former center line.
All unimproved or agricultural territory that may hereafter be annexed to the City shall be considered as lying in the AG Agricultural District until such classification shall be changed as provided by this chapter. Any improved property that is annexed into the City shall be zoned according to the zoning district that most nearly describes either its present use or the use proposed by Seward's Comprehensive Development Plan. This zoning shall be established by the Planning Commission and the City Council at the time of annexation.
Except as specified in this chapter, no building or structure shall be erected, converted, enlarged, reconstructed or structurally altered, nor shall any building or land be used, which does not comply with all of the district regulations established by this chapter for the district in which the building or land is located.
No lot shall contain any building used in whole or in part for residence purposes unless such lot abuts for at least 20 feet on at least one public street, or unless it has an exclusive unobstructed private easement of access or right-of-way of at least 20 feet wide to a street; and there shall be not more than one single-family dwelling for such frontage or easement, except that a common easement of access at least 50 feet wide may be provided for two or more such single-family dwellings or for one or more two-family or multiple dwellings.
Within zoning districts in Seward, different uses are permitted with different conditions. These are displayed in the Use Matrix.[1] Levels of permission include:
A. 
Uses which are permitted by right. These uses are permitted subject to issuance of a building permit by the Building Official, subject only to compliance with all regulations of this chapter. Uses permitted by right might be subject to supplemental regulations contained in this chapter. These uses are indicated in the Use Matrix by a "P" in the applicable cell.
B. 
Conditional uses. These uses are subject to approval of a conditional use permit by the Planning Commission, following the procedure set forth in § 410-44.3. These uses are indicated in the Use Matrix by an "S" in the applicable cell.[2]
[2]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
C. 
Site plan approval. Some use types require an additional site plan approval by the Zoning Administrator/Building Official, based on specific criteria for review. This procedure is set forth in § 410-44.2. These uses are indicated in the Use Matrix by an asterisk (*) following the citing of a specific use type.
[1]
Editor's Note: The Use Matrix is included as an attachment to this chapter.
The regulators set forth in the tables in Articles 5 through 19 establish the limits and requirements for most development in the City of Seward and its extraterritorial jurisdiction. This section is intended to provide guidance for applying the regulators contained in these tables.
A. 
Site area per housing unit. This indicates the gross land area per unit within a residential development. For example, a forty-lot subdivision on a ten-acre (435,600 square foot) tract will have a site area per unit of 10,890 square feet. Site area per unit, which measures gross density, may differ from minimum lot size. In conservation development, the site area per unit will be larger than minimum lot size, permitting the clustering of lots in exchange for common open space. In multifamily development, the site area per unit will usually be smaller than minimum lot size, because the lot is the legal parcel on which a multiple-unit building is built.
B. 
Minimum lot area. This indicates the minimum size of a legally described and recorded parcel upon which development can take place. As noted above, minimum lot area and site area per unit may not be the same.
C. 
Minimum lot width. This is the required minimum distance connecting at points along opposite side lot lines, measured at the required front yard setback. For example, the lot width of an irregular lot in a district requiring a twenty-five-foot front yard setback is determined by:
(1) 
Locating the points along each side lot line at a distance of 25 feet back from the front property line.
(2) 
Drawing a line connecting these two points.
(3) 
Measuring the length of this line. The length is the lot width.
D. 
Minimum yards. These define the required setbacks of buildings from front, side, and rear property lines. While the yard requirements apply to a majority of development, this chapter provides for a number of exceptions. Some of these include:
(1) 
Planned developments. Front yard setbacks can be varied within planned developments, which are reviewed and approved by the City Council after a recommendation from the Planning Commission.
(2) 
Major streets. The City may require greater than normal setbacks along segments of the City's arterial street system, as defined in the Comprehensive Development Plan.
(3) 
Flexibility provided by supplemental development regulations. Article 32 establishes supplemental regulations, many of which provide flexibility or variations in setback regulations for specific contexts.
(4) 
Maximum setbacks. Some specific zoning districts provide maximum as well as minimum setbacks. These setbacks establish "build-to" lines that may be necessary to protect the appearance and character of special urban districts.
E. 
Maximum height. Height normally measures the vertical distance from the established grade to the highest point of a building. However, as established by the definition of "height,"[1] the point of measurement may vary for different types of buildings and roof slopes.
[1]
Editor's Note: See § 410-2.3.
F. 
Maximum building coverage. This measures the percentage of a site that may be covered by the footprint of buildings. Thus, a 20,000 square foot building on a 40,000 square foot site has a building coverage of 50%. This is a method of regulating the scale of buildings in an area.
G. 
Maximum impervious coverage. This measures the percentage of a site that may be covered by buildings and other surfaces and development features which prevent the penetration of water into the ground (such as driveways, porches, parking lots, and other features). Limits on impervious coverage help control the velocity and quantity of stormwater runoff and provide for groundwater recharge.
H. 
Floor area ratio. Just as site area per unit controls the density of residential development, floor area ratio (FAR) controls the density of nonresidential development. FAR is the ratio of gross floor area of a building to total site area. Thus, in an area with a maximum permitted FAR of 1.0, a 40,000 square foot building may be located on a 40,000 square foot site. Naturally, because of coverage ratios, landscaping, and parking requirements, such a building will be multi-story.
I. 
Maximum amount of total parking located in street yard. This controls the maximum amount of parking that can be located in the area between a building facade and the street. When applied in certain zoning districts, it is intended to reduce the number of cars seen from the street, encourage site planning which locates parking in rear and side yards, and produce a stronger relationship between buildings and streets. For example, a project with 100 parking stalls and a fifty-percent limit on the amount of parking located in street yards must locate 50 of its stalls in rear or side yards without street exposure.
J. 
Minimum depth of landscaping adjacent to street rights-of-way. This establishes the depth of landscaping that must be provided on private property adjacent and in from the right-of-way line. Thus, if the required minimum depth is 15 feet, a project must landscape the first 15 feet of its site back from the right-of-way line. All landscaping must be done in accordance with Article 33, establishing landscaping standards.
K. 
Minimum bufferyard requirements. This establishes the depth of a bufferyard that must be provided by intensive land uses adjacent to primarily residential land uses in residential zoning districts. All landscaping must be done in accordance with Article 33, establishing landscaping standards.
L. 
Supplemental use regulations. Certain permitted uses require satisfaction of specific requirements in order to function successfully in their urban or rural contexts. These supplemental requirements are set forth in Article 31. These requirements are cross-referenced in the "Supplemental Regulations" column of the Use Matrix.[2]
[2]
Editor's Note: The Use Matrix is included as an attachment to this chapter.