The supplemental use regulations set forth additional standards for certain uses located within the various zoning districts. These regulations recognize that certain use types have characteristics that require additional controls in order to protect public health, safety, and welfare. These regulations complement the use regulations contained in Articles 4 through 19 of this chapter.
[Amended 4-15-2014 by Ord. No. 2014-8]
Nothing in these provisions shall relieve any property owner or user from satisfying any condition or requirement associated with a previous approval, conditional use permit, variance, development permit, or other permit issued under any local, state, or federal ordinance or statute.
A. 
Crop production in nonagricultural districts. Crop production is a permitted interim use in any zoning district.
B. 
Horticulture and crop production: retail sales. Retail operation of garden centers or roadside stands associated with a primary agricultural use may be permitted in the AG District, subject to the following requirements:
(1) 
Garden centers.
(a) 
A garden center is a building or premises used for the retail sale of plant materials or items useful in the growing or display of lawns, gardens, and plants.
(b) 
Garden centers must conform to all site development regulations for the zoning district.
(c) 
Any garden center adjacent to a residential district must maintain a twenty-foot landscaped bufferyard, consistent with the standards established in § 410-33.5.
(2) 
Roadside stands.
(a) 
A roadside stand is a facility used on a temporary or seasonal basis for the retail sale of produce grown largely on adjacent or surrounding agricultural lands.
(b) 
A roadside stand may be located within a required front yard but no closer than 40 feet to the edge of a traveled roadway.
(c) 
A roadside stand may operate for a maximum of 180 days in any one year.
C. 
Animal production in the RR District.
(1) 
Breeding and raising of small animals and fowl, such as birds, rabbits, chinchillas, and hamsters, is permitted in the RR District, provided that any building housing such animals shall be at least 50 feet from any property line and 25 feet from any dwelling unit on the site. Any such activity must be located entirely within a rear yard. The raising of fowl shall be limited to 50 birds per acre, up to a maximum of 500 birds.
(2) 
Within the RR District, any lot of one acre and over may maintain one horse, llama, or other equine and/or hoofed animal and its immature offspring. Such a lot may have one additional animal for each additional two acres of lot area, up to a maximum total of 10 animals. No stable shall be located closer than 50 feet to any dwelling unit on the site or 50 feet to any property line.
D. 
Animal production: separation from residential uses.
(1) 
Animal production use types may not be established within 500 feet of a preexisting residential districts, including RR through RM.
(2) 
No feeding or disposal of garbage, rubbish, or offal associated with animal production shall occur within 500 feet of any preexisting residential districts, including RR through RM.
E. 
Confined Animal Feeding Operations (CAFO).
(1) 
No new confined animal feeding operations shall be established within the zoning jurisdiction of the City of Seward.
(2) 
A CAFO that is lawfully in existence on the effective date of this chapter may continue to operate as a permitted use in an AG District. Operation and expansion of such a facility shall be subject to the following requirements:
(a) 
Any expansion must maintain a minimum setback of 500 feet from the property line of its parcel and a minimum separation of 1,760 feet from any residential, commercial, or industrial structure other than that of the owner of the facility. Separations shall be measured between the nearest points of the CAFO expansion and any affected structure.
(b) 
Livestock wastes shall be removed or disposed of by spraying or spreading on land promptly followed by discing or plowing; grinding or dehydrating in properly designed dehydrators; or composting in a facility located at least two miles from a residential zoning district.
(c) 
Insect and rodent control mechanisms shall be instituted for confined areas by removal or disposal of manure; or by other accepted pest control methods.
(d) 
All ground surfaces within CAFO areas shall be graded and compacted to provide proper drainage. No appreciable amount of surface runoff from CAFO areas shall be carried into a roadway ditch, drainage area, or other low-lying area.
(e) 
Water shall be retained on site to prevent runoff onto neighboring properties except in the event of a storm event with a four-percent or smaller probability of occurrence within any twenty-four-hour period, corresponding to a twenty-five-year flood level.
(f) 
A CAFO shall not produce measurable increases in pollution in any public water-based recreation facility, public water supply, or any waterway that is part of a public or private water supply.
(3) 
General standards and conditional use permit application requirements.
(a) 
All aspects of the CAFO operation shall comply with the standards of the Nebraska Department of Environmental Quality.
(b) 
Expansion of a lawfully existing CAFO is subject to approval of a conditional use permit. All expansions, alterations, or modifications of existing CAFOs shall comply with the setback and separation requirements set forth in this section. The conditional use permit application for expansion shall include certification of plan review and approval by the Nebraska Department of Environmental Quality; a site plan indicating the location and maximum area of the confined area; and a detailed description of operations that specifies the maximum number and type of livestock to be confined, waste disposal plans, drainage plans, and pollution control measures.
(c) 
A transfer of ownership and/or operator of an existing CAFO shall require application and approval of a conditional use permit, and compliance with the standards of this section.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
A. 
Separation from CAFOs. No new residential use shall be established within 1,760 feet of an existing CAFO, except for the residence of the owner or operator of the CAFO, employee, or working tenant.
B. 
Downtown and group residential in CBD District.
[Amended 7-20-2010 by Ord. No. 17-10; 1-7-2020 by Ord. No. 2020-1]
(1) 
Downtown and group residential uses are permitted in the CBD District only on levels above street level. A unit or units specifically designed for occupancy by disabled residents may be developed at street level subject to approval by the Board of Adjustments.
(2) 
Exception: A downtown street level residential unit may be developed under a conditional use permit, provided that such dwelling unit meets all of the following conditions (Note: Conditional use would mandate a recommendation for approval by the Planning Commission and approval by the City Council):
(a) 
The total floor space of the combined first floor residential use shall not exceed 50% of the building's total first floor square footage. Hallways and common areas shall not apply to this percentage.
(b) 
Access to the unit shall not be acquired through the store or commercial access. Access must be gained by a separate ingress and egress system. In addition, no part or portion of the residential dwelling shall be visible to the public from the street storefront, either by window, door or other type of opening.
(c) 
Minimum height, area regulations, light and ventilation requirements, and egress requirements set forth in the prevailing building codes are met.
(d) 
Must meet applicable fire separation requirements between any adjacent occupancies that may come about as a result of the development of the residential unit.
C. 
Group residential. Group residential and boardinghouse uses, when permitted, are subject to the requirements set forth in Table 31A.
Table 31A
Group Residential and Boardinghouse Density Requirements by Zoning District
Zoning District
Terms of Permitted Use
Maximum Number of Unrelated Persons in Structure
Minimum Floor Area per Resident
(square feet)
Minimum Site Area per Resident
(square feet)
AG
Special use for group residential
5
500
1,500
R-2
Special use for group residential
6
350
1,000
R-3
Special use for group residential
10
300
850
R-4
Permitted for group residential, special use for boardinghouse
15
250
650
RM
Special use for group residential
6
350
1,000
UC, C-1 and C-1(N)
Special use for group residential
10
300
650
D. 
Mobile home parks in the RM District. Mobile home parks and mobile home residential use are permitted in the RM District. Such use may be configured in a mobile home park or mobile home subdivision. Following the effective date of this chapter, no mobile home shall be located outside of a mobile home park or mobile home subdivision. A mobile home park is subject to compliance with the following regulations:
(1) 
Certification.
(a) 
A certification of compliance with all ordinances and regulations regarding mobile home licensing, zoning, health, plumbing, electrical, building, fire protection and any other applicable requirements shall be required of all mobile home parks.
(b) 
The Building Official is authorized to perform an annual inspection of any mobile home park to ensure compliance with these regulations.
(c) 
These regulations do not address the structural integrity of any units within a mobile home park. Compliance with these regulations does not represent City warrant of the structural integrity of any structure or unit in such a facility.
(2) 
Minimum and maximum area. A mobile home park shall be considered to be one zoned lot. The minimum contiguous area of a mobile home park shall be two acres.
(3) 
Density requirements.
(a) 
The maximum gross density of a mobile home park shall be seven units per acre.
(b) 
The minimum size of an individual mobile home space shall be 4,000 square feet for single-wide mobile home units and 5,000 square feet for double-wide mobile home units.
(c) 
Each mobile home space shall have a width of at least 40 feet and a length of at least 75 feet.
(4) 
Site development standards.
(a) 
Setbacks. Each mobile home park shall have a minimum perimeter setback of 30 feet. No space for a dwelling unit or any other structure shall be permitted in the required setback.
(b) 
Setback landscaping. All area contained within the required setbacks, except sidewalks and private drives, shall be landscaped and screened in conformance with Article 33 of this chapter.
(c) 
Impervious coverage. Impervious coverage for a mobile home park shall not exceed 60% of the total site area.
(d) 
Open space. Each mobile home park shall provide a minimum of 400 square feet of open recreational space per unit. Such space shall be provided at a central location accessible from all parts of the park by pedestrians. Required perimeter setbacks or buffers shall not be credited toward the fulfillment of this requirement.
(e) 
Separation between mobile home units. The minimum separation between a mobile home unit and attached accessory structure and any other mobile home units and/or accessory structure shall be 20 feet.
(f) 
Separation and setbacks for accessory buildings. An accessory building on a mobile home space shall maintain a minimum rear and side yard setback of five feet. A minimum distance of 10 feet shall be provided between any mobile home and an unattached accessory building.
(5) 
Street access and circulation requirements.
(a) 
Access to public street. Each mobile home park must abut and have access to a dedicated public street with a right-of-way of at least 60 feet. Direct access to a mobile home space from a public street is prohibited.
(b) 
Vehicular circulation. The mobile home park must provide interior vehicular circulation on a private internal street system. Minimum interior street width shall be 27 feet. The street system shall be continuous and connected with other internal and public streets; or shall have a cul-de-sac with a minimum diameter of 100 feet. No such culs-de-sac may exceed 300 feet in length.
(c) 
Separation between units and circulation areas. The minimum distance between a mobile home unit and any attached accessory structure and the pavement of an internal street or parking area shall be 10 feet.
(d) 
Sidewalks. Each mobile home park shall provide a sidewalk system to connect each mobile home space to common buildings or community facilities constructed for the use of its residents; and to the fronting public right-of-way. Sidewalk width shall be at least four feet.
(e) 
Street and sidewalk standards. All internal streets and sidewalks shall be hard-surfaced. Electric streetlighting is required along all internal streets.[1]
[1]
Editor's Note: Original Subsection (f), Parking requirements, which immediately followed this subsection, was repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
(6) 
Utilities.
(a) 
All mobile home parks shall provide individual units and common facilities with an adequate, piped supply of hot and cold water for both drinking and domestic purposes; and standard electrical service, providing at least one 120-volt and one 240-volt electrical service outlet to each mobile home space.
(b) 
Complete water and sewer service shall be provided within each mobile home park in accordance with Part 8, Subdivision Regulations, of this chapter.
(c) 
Properly spaced and operating fire hydrants shall be provided for proper fire protection within each mobile home park in accordance with Part 8, Subdivision Regulations, of this chapter.
(d) 
All electric, telephone, gas, and other utility lines shall be installed underground.
(7) 
Foundation requirements.
(a) 
All mobile homes shall be secured to the ground by tie-downs and ground anchors that comply with the requirements of the Nebraska Department of Health and Human Services.
(b) 
All mobile homes shall be blocked at a maximum of ten-foot centers around the perimeter of each unit; such blocking shall provide sixteen-inch by sixteen-inch bearing on the stand.
(c) 
Pads shall be a hard surface capable of carrying the weight and of sufficient length to support all blocking points of the mobile home.
(d) 
Each home shall be skirted within 30 days of its placement in the park. Skirting materials shall be compatible with the exterior finish of the mobile home.
(8) 
Financial responsibility. Each application for a mobile home park shall include a demonstration by the developer of financial capability to complete the project; and a construction schedule.
(9) 
Completion schedule. Construction must begin on any approved mobile home park within one year of the date of approval by the Planning Commission and City Council. Such construction shall be completed within two years of approval, unless otherwise extended by the Commission.
E. 
Mobile home subdivisions in the MH District.
(1) 
Mobile home subdivisions shall be developed in accordance with all standards and requirements set forth in Part 8, Subdivision Regulations, of this chapter. Site development regulations shall be the same as those required in the R-2 Zoning District. Each mobile home shall be considered a single-family detached residential unit for the purpose of determining applicable development regulations.
(2) 
Mobile home units within mobile home subdivisions shall be built in accordance with the minimum design standards of the United States Department of Housing and Urban Development and display a certification of such compliance. All units shall be installed on a permanent foundation with complete removal of wheels and towing packages.
F. 
Retirement residence.
(1) 
Maximum floor area ratio is 0.5 for buildings up to and including three stories. The number of living units and occupants is determined by floor area ratio rather than site area per unit regulators. For example, the maximum gross floor area of a retirement residence on a 100,000 square foot site is 50,000 square feet.
(2) 
Any action that would result in occupancy of the project by persons less than 60 years of age requires approval of a conditional use permit by the City Council following a recommendation by the Planning Commission.[2]
[2]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
G. 
Two-family residential. Where permitted, two-family residential development is subject to the following regulations:
(1) 
The second dwelling unit shall be located to the rear of the site and shall be separated from the primary dwelling unit by 25 feet.
(2) 
The second dwelling unit shall be served by a driveway at least 10 feet in width, leading from the public way adjacent to the lot.[3]
[3]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
(3) 
Both structures shall meet all other setback requirements of the zoning district.
A. 
Clubs. Clubs located adjacent to residential uses shall maintain a bufferyard of not less than 15 feet along the common boundary with such residential use.
B. 
Day-care centers (general).
(1) 
Each day-care center (general) must be validly licensed by either the State of Nebraska or the appropriate governmental agency.
(2) 
Each facility shall provide a minimum of 50 square feet of outdoor play area per child, fully enclosed by a fence or wall that is at least 42 inches but not more than 72 inches in height. Play areas shall be easily accessible from the main facility and be free of hazards, including potential traffic hazards.
(3) 
Conditional use permit applications for general day-care centers shall specify the number and projected ages of children to be cared for at the facility, and the number of projected full- and part-time staff.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
C. 
Group-care facilities and group homes.
(1) 
Each group-care facility or group home must be validly licensed by either the State of Nebraska or the appropriate governmental agency.
(2) 
Group homes are permitted in the CBD District only on levels above street level, except that a facility specifically designed for occupancy by disabled residents may be developed at street level, subject to approval as a conditional use by the Planning Commission.
[Amended 2-8-2019 by Ord. No. 2019-05; 9-17-2019 by Ord. No. 2019-26; 11-17-2020 by Ord. No. 2020-31; 10-4-2022 by Ord. No. 2022-17]
A. 
Auto service, repair, equipment repair, travel center, truck stop, and body repair uses.
(1) 
Where permitted in commercial districts, all repair activities, including oil drainage, lifts, and other equipment, must take place within a completely enclosed building. Outdoor storage is permitted only where incidental to auto repair and body repair, provided that such storage is completely screened so as not to be visible from residential areas or public rights-of-way. Screening is subject to provisions of Article 33 of this chapter.
(2) 
Any spray painting must take place within structures designed for that purpose and be approved by the Building Official.
(3) 
All entrances and exits serving a gasoline or diesel service station, convenience store offering fuel sales, or automobile repair shop shall be at least 150 feet from a school, public park, religious assembly use, hospital, or residential use, as measured along any public street. Such access shall be at least 40 feet away from the right-of-way line of any intersection.
(4) 
All fuel pumps shall be set back at least 15 feet from any street line.
B. 
Automobile, RV, and equipment rental and sales.
(1) 
All outdoor display areas for rental and sales facilities shall be hard-surfaced, unless screened from casual view as provided by § 410-33.6.
(2) 
Body repair services are permitted as an accessory use to automobile rental and sales facilities, provided that such repair services shall not exceed 25% of the gross floor area of the building.
C. 
Bed-and-breakfasts.
(1) 
When permitted in residential districts, bed-and-breakfasts shall include a maximum of four guest units and the residence of the facility owner.
(2) 
Bed-and-breakfasts permitted in the CBD District must provide any sleeping facility only on levels above street level, except that units specifically designed and reserved for occupancy by handicapped people may be located on the street level.
D. 
Campgrounds.
(1) 
Minimum size. Each campground established after the effective date of this chapter shall have a minimum size of one acre.
(2) 
Setbacks. All campgrounds shall maintain a fifty-foot front yard setback and a twenty-five-foot bufferyard from all other property lines.
(3) 
Each campground must maintain water supply, sewage disposal, and water and toilet facilities in compliance with all City ordinances; or, alternately, be limited to use by self-contained campers providing their own on-board water and disposal systems.
E. 
Construction sales and service. Retail home improvement stores and centers may include outdoor storage of materials and must comply with the following conditions:
(1) 
Architectural design and materials shall be consistent with the current or projected character of the surrounding area.
(2) 
All outside storage or display of merchandise or other materials or equipment shall be screened from view at eye level from a public street or adjacent property.
(3) 
All storage buildings with overhead doors, drive openings, or open bays and all loading areas shall be fully screened from view at eye level from a public street or adjacent property.
(4) 
Minimum screening shall be consistent with screening standards set forth in § 410-33.6.
(5) 
All areas not occupied by buildings or landscaping shall be paved with concrete or asphalt, or surfaced with gravel or similar treatment to reduce dust.
F. 
Convenience storage. When permitted outside of the I-2 District, convenience storage facilities shall be subject to the following additional requirements:
(1) 
Activities within the facility shall be limited to the rental of storage cubicles and the administration and maintenance of the facility.
(2) 
All driveways within the facility shall provide a paved surface with a minimum width of 25 feet.
(3) 
All storage must be within enclosed buildings and shall not include the storage of hazardous materials.
(4) 
No storage buildings may open into required front yards.
(5) 
Facilities, except within the CBD (Central Business District), must maintain landscaped bufferyards of 30 feet adjacent to any public right-of-way and 20 feet adjacent to other property lines, unless greater setbacks are required by Article 33.
(6) 
Within the CBD (Central Business District), all storage units must be contained within an enclosed building structure.
G. 
Dog day care.
(1) 
The dogs shall be under the direct supervision of an on-duty company employee at all times.
(2) 
Provide sight-obscuring fencing for all on-site outdoor exercise areas. The fence shall be subject to § 410-32.8, Fence regulations.
(3) 
Outdoor exercise area shall have artificial turf and/or pea gravel.
(4) 
Maximum of 15 dogs in the outdoor exercise area.
(5) 
Outdoor exercise area hours of operation are from dawn to dusk.
(6) 
The outdoor exercise area shall not be used on July 4.
(7) 
Dog day care facilities shall not be adjacent to a residential zoning district; this includes across streets and rights-of-way.
(8) 
The applicant shall be required to obtain all licenses and permits and meet the City's conditional use and site plan review requirements, as applicable.
H. 
Kennels.
(1) 
The minimum lot size shall be two acres.
(2) 
No dog runs or exterior kennels shall be located nearer than 50 feet to any property line and 100 feet to the property line of any residential use or district.
(3) 
All kennel facilities shall be screened around such facilities or at property lines to prevent distracting or exciting animals. Screening shall be of a type provided by Article 33, establishing landscape and screening standards.
I. 
Restricted (adult entertainment) businesses. Adult entertainment businesses shall be subject to the following restrictions, and no person shall cause or permit the establishment of any adult entertainment business contrary to said restrictions:
(1) 
No adult entertainment business shall be open for business between the hours of 12:00 midnight and 6:00 a.m.
(2) 
A new adult entertainment business shall not be allowed within 1,000 feet of an existing adult entertainment business.
(3) 
A new adult entertainment business shall not be located within 500 feet of any residentially zoned district or 1,000 feet of a preexisting school, public park, or place of worship.
(4) 
The provisions of this subsection shall apply to any adult entertainment businesses in existence at the time the ordinance codified in this chapter takes effect. All nonconformance shall come into compliance on or before January 1, 2005, and no such nonconforming use shall be permitted to expand in size or scope, and the rights granted in this chapter shall terminate upon cessation of business, sale or transfer of ownership of the adult entertainment business.
(5) 
Measurement of distances. For the purpose of this subsection, measurements shall be made in a straight line, without regard to intervening structures or objects, from the main entrance of such adult entertainment business to the point on the property line of such other business, school, church, public park or areas zoned for residential use which is closest to the main entrance of such adult entertainment business.
(6) 
No adult entertainment business shall be conducted in any manner that permits the observation of models or any material depicting, describing or relating to specified sexual activities or specified anatomical areas by display, decoration, sign, show window or other opening from any public way or from any property not licensed as an adult use. No operator of an adult entertainment business or any officer, associate, member, representative, agent, owner, or employee of such business shall engage in any activity or conduct or permit any other person to engage in any activity or conduct in or about the premises which is prohibited by this code or any laws of the state or the United States.
(7) 
No part of the interior of the adult entertainment business shall be visible from any pedestrian sidewalk, walkway, street, or other public or semi-public area.
(8) 
An adult entertainment business shall post a sign at the entrance of the premises, which shall state the nature of the business and shall state that no one under the age of 18 years is allowed on the premises. The sign shall comply with the City's sign regulations. This subsection shall not be construed to prohibit the owner from establishing an older age limitation for coming on the premises.
(9) 
Nuisance operation. Any adult entertainment business operated, conducted or maintained contrary to the provisions of this chapter shall be and the same is declared to be unlawful and a public nuisance, and the City Attorney may, in addition to or in lieu of prosecuting a criminal action under this chapter, commence an action or actions, proceeding or proceedings, for the abatement, removal or enjoinment thereof, in the manner prescribed by law, and shall take such other steps and shall apply to such court or courts as may have jurisdiction to grant such relief as will abate or remove such establishment and restrain and enjoin any person from operating, conducting or maintaining an adult entertainment business contrary to the provisions of this chapter.
A. 
Resource extraction. Resource extraction, where permitted, is subject to the following additional requirements:
(1) 
Erosion control. A resource extraction use may not increase the amount of storm run-off onto adjacent properties as determined by review of the Zoning Administrator. Erosion control facilities, including retention and sediment basins, are required of each facility, if necessary, to meet this standard.
(2) 
Surface drainage. The surface of the use may not result in the collection or ponding of water, unless specifically permitted as part of a conditional use permit.
[Amended 4-3-2018 by Ord. No. 2018-10]
(3) 
Storage of topsoil. Topsoil shall be collected and stored for redistribution following the end of the operation.
(4) 
Elimination of hazards. Excavation shall not result in a hazard to any person or property. The following measures are required:
(a) 
Restoration of slopes to a gradient not exceeding 33% as soon as possible.
(b) 
Installation of perimeter safety screening and/or fencing.
(c) 
Installation of visual screening adjacent to any property within a residential or public use district consistent with bufferyard standards contained in Article 33. Resource extraction uses in the AG District shall be subject to the same bufferyard requirements as those in the I-2 District.
(5) 
Restoration of landscape. The topography and soil of the resource extraction site shall be restored and stabilized within nine months of completion of the operation. The site shall be seeded, planted, and contoured in a way that prevents erosion. Alternately, the site may be used as a lake or body of water, subject to approval by the City Council with the recommendation of the Planning Commission and the appropriate Natural Resources District.
B. 
Salvage services and long-term vehicle storage and dismantling.
(1) 
Screening.
(a) 
The perimeter of each new facility shall be fully enclosed by opaque, freestanding fencing or screen walls. The minimum height of this enclosure shall be eight feet. Any such enclosure shall be constructed behind required landscaped bufferyards.
(b) 
Each existing salvage services facility shall be screened as provided above within one year of the effective date of this chapter.
(c) 
The above requirement shall also apply to uses adjacent to residential zoning districts or residential uses that include the long-term storage and dismantling of vehicles.
(2) 
Storage of materials within any salvage services facility may not be higher than the height of the surrounding screen fence or wall.
(3) 
No new salvage services use may be established within 500 feet of the nearest property line of a preexisting residential zoning district or of any pre-established civic use.
C. 
Vehicle storage.
[Added 2-8-2019 by Ord. No. 2019-05]
(1) 
Setback: All vehicle storage facilities shall be set back a minimum of 300 feet from the right-of-way of Highways 15 and 34.
(2) 
Fencing: All vehicle storage facilities will have a secure fencing system made from approved materials set forth herein.
(3) 
Screening: All vehicle storage facilities when adjacent to a lower density zoning district shall utilize screening as set forth in Article 33.
(4) 
Mobilization: All vehicles in a vehicle storage facility shall be operable and able to legally travel upon the streets and highways of the City of Seward and State of Nebraska.
The following performance standards apply to all industrial uses permitted within an Industrial Zoning District:
A. 
Physical appearance. All operations shall be carried on within an enclosed building except that new materials or equipment in operable condition may be stored outside. Normal daily inorganic wastes may be stored outside in containers, provided that such containers are not visible from the street.
B. 
Fire hazard. No operation shall involve the use of highly flammable gases, corrosive materials, strong acids or bases, liquids, or inherent fire hazards. This prohibition shall not apply to the normal use of heating or motor fuels and welding gases when handled in accordance with the regulations of Seward County and the City of Seward.
C. 
Maximum permitted sound levels adjacent to residential zoning districts. No operation in the I-1 District shall generate sound levels in excess of 65 dbA between the hours of 7:00 a.m. and 10:00 p.m., and 55 dbA between the hours of 10:00 p.m. and 7:00 a.m., measured at the boundary of a residential district. All noises shall be muffled so as not to be objectionable because of intermittence, beat frequency, or shrillness.
D. 
Sewage and wastes. No operation shall discharge into a sewer, drainageway, or the ground any material, which is radioactive, poisonous, detrimental to normal sewer plant operation, or corrosive to sewer pipes and installations.
E. 
Air contaminants. No material may be discharged into the air from any source in such quantity as to cause injury, detriment, nuisance, or annoyance to any considerable number of people or to the public in general; or to endanger the health, comfort, or safety of any considerable number of people or to the public in general; or to damage other businesses, vegetation, or property.
F. 
Odor. The emission of odors determined by the Planning Commission to be obnoxious to most people shall be prohibited. Such odors shall be measured at the property line of the operation.
G. 
Gases. No release of noxious or poisonous gases shall be permitted except as provided in this section. Measurements taken at the property line of the operation shall not exceed five parts per million for sulfur dioxide or carbon monoxide or one part per million for hydrogen sulfide.
H. 
Vibration. All machines shall be mounted to minimize vibration. No measurable vibration shall occur at the property line of the operation which exceeds a displacement of 0.003 inch.
I. 
Glare and heat. All glare generated by a use shall be shielded or directed so as not to be visible at the property line of the operation. No heat may be generated from an operation that raises the air temperature at the property line of the operation by more than 5° F. above the ambient air temperature.
J. 
Storage of chemical products. If allowed by conditional use permit, any above- or below-ground storage of liquid petroleum products or chemicals of a flammable or noxious nature shall not exceed 150,000 gallons when stored on one lot less than one acre. Such storage shall not exceed 25,000 gallons in any one tank. Storage of liquid petroleum products or chemicals of a flammable or noxious nature in excess of 25,000 gallons shall be located at least 50 feet from any structure intended for human habitation and at least 200 feet from any Residential, Office, or Commercial Zoning District.
[Amended 4-3-2018 by Ord. No. 2018-10]
[Amended 4-3-2018 by Ord. No. 2018-10]
In any district where radio, television, microwave, cellular, or other communications towers are allowed as a permitted or conditional permit use, such towers are subject to the following additional requirements:
A. 
Tower siting.
(1) 
It is the policy of the City of Seward to encourage co-location of new communications towers with existing towers or as part of suitable existing structures. All applications for approval of a communications tower location shall include evidence that all potential alternatives for location on existing towers have been explored and exhausted. Applicants may not be denied space on an existing tower within the City of Seward and its jurisdiction unless mechanical, structural, regulatory factors, or legitimate business expansion plans prohibit co-location.
(2) 
The applicant for a communications tower location is required to demonstrate as part of its application that the tower must be located on the proposed site in order to satisfy its function in the company's system. The applicant must also demonstrate that the proposed height is the minimum height necessary for the successful functioning of the tower.
B. 
Tower setbacks, design, and height.
(1) 
Freestanding towers shall be located so that the distance from the base of the tower to any adjoining property line or the supporting structure of a separate neighboring tower is a minimum of 100% of the tower height. The Planning Commission may recommend and the City Council approve a reduction to the setback with a conditional use permit if they determine that such reduction does not constitute a hazard to safety or property on adjacent properties or rights-of-way.
(2) 
The tower installation shall be designed to be aesthetically and architecturally compatible with the built environment of the City of Seward. The City encourages efforts to hide towers or restrict their visibility from public rights-of-way or neighboring properties. Associated support buildings shall be designed with materials that are consistent with those in the surrounding neighborhood. Metal exteriors shall generally not be permitted for accessory support buildings.
(3) 
All tower installations shall maintain landscaped peripheral yards with a minimum depth of 35 feet from surrounding property lines. One tree consistent with the provisions of Article 33 shall be planted for every 500 square feet of required peripheral yard area.
(4) 
As part of the conditional use permit approval process, the City Council may permit the tower to exceed the height restrictions otherwise allowable in the district.
(5) 
Towers shall have a color generally matching the surroundings or background that minimizes their visibility, unless a different color is required by the FCC or FAA.
(6) 
Lights, signals and signs. No signals, lights or signs shall be permitted on towers unless required by the FCC or the FAA. Should lighting be required, at the time of construction of the tower in cases where there are residential users located within a distance which is 300% of the height of the tower from the tower, then dual-mode lighting shall be requested from the FAA. Lighting on towers shall not exceed the minimum requirements of the FAA or other regulatory agencies.
(7) 
Adequate security measures are required at the base of the tower to prevent vandalism or hazards resulting from casual access to the facility.
C. 
City site selection criteria in evaluating applications for communications towers.
(1) 
Consistent with the policy of this chapter, the telecommunications company proposing to construct an antenna support structure, or mount an antenna on an existing structure, shall demonstrate, using technological evidence, that the antenna must go where it is proposed in order to satisfy its function in the company's grid system. Further, the company must demonstrate by technological evidence that the height requested is the minimum height necessary.
(2) 
Applications for necessary permits will only be processed when the applicant demonstrates that it is either an FCC-licensed telecommunications provider or has in place necessary agreements with an FCC-licensed telecommunications provider for use or lease of the support structure.
(3) 
Personal wireless service facilities should be located and designed to minimize any impacts on residential property values. Sites should be placed in locations where the existing topography, vegetation, buildings or other structures provide the greatest amount of screening.
(4) 
Location and design of sites in all districts should consider the impact of the site on the surrounding neighborhood and the visual impact within the zone district. In residential districts and residential land use areas, the minimum lot size for towers shall be three acres.
D. 
Priorities for siting.
(1) 
The following establishes the order of priorities for locating new communications facilities:
(a) 
Public property (excluding prairie, conservation or wildlife areas, or historic structures).
(b) 
Appropriate existing structures, such as buildings, towers, water towers, and smokestacks in other zoned districts.
(c) 
AG, I-1 or I-2 Districts that do not adjoin or adversely impact residential neighborhoods.
(d) 
Private nonresidential property in C-2 or C-3 Districts.
(e) 
Private, nonresidential properties in C-1 or UC Districts.
(f) 
Placement of antennas and towers on multifamily residential structures exceeding 30 feet in height in districts zoned R-3 and R-4.
(g) 
Residential districts only if locations for which a need has been demonstrated are not available on existing structures or in nonresidential districts; and only on or in existing churches, parks, schools, utility facilities or other appropriate public facilities.
(2) 
An applicant for a new antenna support structure to be located in a residential zoning district shall demonstrate that a diligent effort has been made to locate the proposed communications facilities on a government structure, a private institutional structure, or other appropriate existing structures within a nonresidential zoning district, and that due to valid considerations, including physical constraints, or technological feasibility, no appropriate location is available. The telecommunications company is required to demonstrate that it contacted the owners of structures in excess of 30 feet within a one-quarter-mile radius of the site proposed, asked for permission to install the antenna on those structures, and was denied for reasons other than economic ones. The information submitted by the applicant shall include a map of the area to be served by the tower, its relationship to other antenna sites in the applicant's network, and an evaluation of existing buildings taller than 30 feet, towers and water tanks within one-quarter mile of the proposed tower.
A. 
Landfills.
(1) 
Compliance with codes. Each landfill must comply with all relevant City, county, state, or federal codes and statutes.
(2) 
Prevention of hazards. No facility shall present a hazard to surrounding residents or properties.
(3) 
Drainage and water supply. No landfill may modify or prevent the flow of major natural drainageways within the jurisdiction of the City of Seward. Landfills shall not produce a measurable increase in pollution in any public water-based recreational facility or in any waterway or well that is a part of a public or private water supply.
(4) 
Minimum separation from residential uses. No nonputrescible landfill may be established within 300 feet of a developed residential or public use. No landfill involving the disposal of putrescible or septic wastes shall be established within one-quarter mile of any residential, public, or commercial zoning district; or any state or federal highway.
(5) 
Restoration of site. The site of any landfill must be restored, stabilized, planted, and seeded within six months after the end of the operation. Dissipation of waste products must be accomplished in a manner approved by the State of Nebraska's Department of Environmental Quality.
(6) 
Toxic waste. The disposal of hazardous, toxic, or radioactive wastes as defined by the Federal Environmental Protection Agency shall be prohibited within the City of Seward and its extraterritorial jurisdiction.
B. 
Wind energy conservation systems (WECS).
(1) 
The distance from all lot lines or any building or power line to any tower support base of a WECS shall be equal to the sum of the tower height and the diameter of the rotor. A reduction of this requirement may be granted as part of a conditional use permit approval if the City Council, after recommendation by the Planning Commission, finds that the reduction is consistent with public health, safety, and welfare.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
(2) 
The distance between the tower support bases of any two WECS shall be the minimum of five rotor lengths, determined by the size of the largest rotor. A reduction of this requirement may be granted as part of a conditional use permit approval if the City Council, after recommendation by the Planning Commission, finds that the reduction does not impede the operation of either WECS.[2]
[2]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
(3) 
Any tower or rotor shall maintain a distance of at least 100 horizontal feet from any structure, power line, or antenna located on another property.
(4) 
The WECS operation shall not interfere with radio, television, computer, or other electronic operations on adjacent properties.
(5) 
A fence eight feet high with a locking gate shall be placed around any WECS tower base; or the tower climbing apparatus shall begin no lower than 12 feet above ground.
(6) 
The height of the WECS may exceed the height restrictions of the base district by up to 50%. The bottom tip of any rotor must be at least 10 feet above any area accessible to pedestrians.
A. 
Home-based businesses; home occupations. Home-based businesses and home occupations are permitted as an accessory use in residential units and must register and obtain a permit from the office of the Building Inspector on an annual basis, subject to the following conditions:
(1) 
External effects.
(a) 
There shall be no change in the exterior appearance of the building or premises housing the home occupation other than signage permitted within this section.
(b) 
No noise, odors, bright lights, electronic interference, storage or other external effects attributable to the home occupation shall be noticeable from any adjacent property or public right-of-way.
(c) 
The home occupation shall be carried on entirely within the principal residential structure, or within an accessory structure that does not exceed 480 square feet in area or 15 feet in height.
(d) 
Mechanical or electrical equipment supporting the home occupation shall be limited to that which is self-contained within the structure and normally used for office, domestic or household purposes.
(e) 
No outdoor storage of materials or equipment used in the home occupation shall be permitted, other than motor vehicles used by the owner to conduct the occupation. Parking or storage of heavy commercial vehicles to conduct the home occupation is prohibited.
(f) 
No home occupation shall discharge into any sewer, drainageway, or the ground any material which is radioactive, poisonous, detrimental to normal sewer plant operation, or corrosive to sewer pipes and installations.
(2) 
Employees. The home occupation shall employ no more than one full-time or part-time employee on site other than the residents of the dwelling unit, provided that one off-street parking space is made available for the use of that nonresident employee.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
(3) 
Extent of use. For all residential and agricultural zoning districts, the smaller of 25% of the floor area of the dwelling or 480 square feet may be devoted to the home occupation, inclusive of any detached accessory buildings used for the home occupation.
(4) 
Signage. Each home-based business shall be permitted to have one nonilluminated wall sign not to exceed six square feet in area.
(5) 
Traffic generation and parking.
(a) 
Home-based businesses may generate no more than 10 vehicle trips per day, corresponding to the amount of traffic normally generated by a dwelling unit.
(b) 
Deliveries or service by commercial vehicles or trucks rated at 10 tons' gross empty weight is prohibited for any home-based business located on a local street.
(c) 
Parking needs generated by a home-based business shall be satisfied with off-street parking. No more than one vehicle used in connection with any home occupation shall be parked on the property. Such parking shall not be located in a required front yard. No more than two on-street parking spaces shall be used by the home occupation at any one time.
(6) 
Prohibited home-based businesses or home occupations. The following activities are prohibited as home-based businesses, even if they meet the other requirements set forth in this section:
[Amended 1-19-2005 by Ord. No. 9-05]
(a) 
Animal hospitals.
(b) 
General retail sales.
(c) 
Restaurants.
(d) 
Repair shops or service establishments that service major electrical appliance repair, motorized vehicles repair, small engines, and related items.
(e) 
Stables or kennels.
(f) 
Welding, vehicle body repair, or rebuilding or dismantling of vehicles.
B. 
Permitted accessory uses: residential use types.
(1) 
Conditional use permit:
[Added 1-19-2005 by Ord. No. 9-05[2]]
(a) 
Barber and beauty shops (see § 410-44.3.)
[2]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
(2) 
Residential uses may include the following accessory uses, activities, and structures on the same lot:
(a) 
Private garages and parking for the residency use.
(b) 
Recreational activities and uses by residents.
(c) 
Home occupations, subject to the provisions of this chapter.
(d) 
Noncommercial convenience services for the primary use of residents of multifamily uses or mobile home parks, including laundromats, clubhouses, and post offices.
(e) 
Garage sales, provided that the frequency of such sales at any one location is limited to one sale of no more than three days' duration in a month, and three sales during any twelve-month period.
C. 
Permitted accessory uses: civic use types. Guidance services and health care use types are permitted in the I-1 Limited Industrial Zoning Districts only as accessory uses to a primary industrial use.
D. 
Permitted accessory uses: other use types. Other use types may include the following accessory uses, activities, and structures on the same lot:
(1) 
Parking for the principal use.
(2) 
Manufacturing or fabrication of products made for sale in a principal commercial use, provided such manufacturing is totally contained within the structure housing the principal use.
(3) 
Services operated for the sole benefit of employees of the principal use.
E. 
Permitted accessory uses: agricultural use types.
(1) 
Garden centers and roadside stands, subject to the regulations set forth in § 410-31.2.
(2) 
Other uses and activities necessarily and customarily associated with the purpose and functions of agricultural uses.
(3) 
Buildings that directly serve and are required for the conduct of crop and animal production are exempt from requirements for building permits and inspections. Structures that house other uses are subject to the requirements of this chapter, even if located on property zoned or primarily zoned or used for agricultural purposes.
Outdoor storage is prohibited in all zoning districts except the I-1 Limited Industrial and I-2 General Industrial Zoning Districts, except as provided in this section.
A. 
Agricultural use types. Outdoor storage is permitted only where incidental to agricultural uses.
B. 
Residential uses and property. Except as otherwise provided by this chapter, any goods, equipment, materials, machinery, and parts thereof stored on any residentially zoned property must be stored in completely enclosed buildings or in spaces screened by fencing and/or evergreen shrubbery providing at least an 80% screen and having a height of no less than six feet nor more than eight feet.
C. 
Civic use types. Outdoor storage is permitted only where incidental to maintenance facilities, or in completely enclosed buildings or in spaces screened by fencing and/or evergreen shrubbery providing at least an 80% screen and having a height of no less than six feet nor more than eight feet.
D. 
Commercial use types.
(1) 
Outdoor storage is permitted where incidental to agricultural sales and service, auto rentals and sales, construction sales and service, equipment sales and service, stables and kennels, and surplus sales.
(2) 
Outdoor storage is permitted where incidental to auto services, equipment repair, long-term vehicle storage, and body repair, provided that such storage is completely screened at property lines by an opaque barrier, as set forth in § 410-33.6. This provision shall apply to any auto services, equipment repair, or body repair use established after the effective date of this chapter.
E. 
Industrial and miscellaneous use types.
(1) 
Outdoor storage is permitted where it is incidental to industrial uses within the AG and I-1 Zoning Districts. Any such outdoor storage is subject to screening requirements set forth in Article 33.
(2) 
Outdoor storage is permitted where incidental to landfills.
A. 
Purpose. These provisions are intended to permit occasional, temporary uses and activities, when consistent with the objectives of the Unified Land Development Ordinance and compatible with surrounding uses. They are further intended to prevent temporary uses from assuming the character of permanent uses.
B. 
Temporary use types. The following temporary uses are permitted, subject to the regulations contained within these sections:
(1) 
Model homes or apartments, if contained within the development to which they pertain.
(2) 
Development sales offices. Such offices may remain in place until 90% of the lots or units within the development are sold and may not be located within a mobile home or manufactured home/structure.
(3) 
Public assemblies, displays, and exhibits.
(4) 
Commercial circuses, carnivals, fairs, festivals, or other transient events, provided that events are located on property owned by the sponsoring nonprofit organization, or are located within an AG, C-1, C-2, CBD, I-1 or I-2 Zoning District. Such uses shall not exceed three weeks in duration.
(5) 
Outdoor art shows and exhibits.
(6) 
Seasonal sales, including Christmas tree or other holiday-related merchandise sales lots, provided that such facilities are not located in a residential zoning district.
(7) 
Construction site offices, if located on the construction site itself.
(8) 
Outdoor special sales, provided that such sales operate no more than three days in the same week and five days in the same month; and are located in commercial or industrial zoning districts.
(9) 
Construction batch plants in the I-1 District, provided that:
(a) 
No plant may be located within 600 feet of a developed residential use, park or school.
(b) 
The facility is located no more than one mile from its job site. The Zoning Administrator may extend this distance to two miles, if such extension avoids use of local streets by plant-related vehicles.
(c) 
Hours of operation do not exceed 12 hours per day.
(d) 
The duration of the plant's operation does not exceed 180 days.
(10) 
Additional temporary uses that the Zoning Administrator determines to be similar to the previously described uses in this section.
C. 
Required conditions of all temporary uses.
(1) 
Each site shall be left free of debris, litter, or other evidence of the use upon its completion or removal.
(2) 
The Zoning Administrator may establish other conditions that he/she deems necessary to ensure compatibility with surrounding land uses.
[Added 11-20-2018 by Ord. No. 2018-19]
Shipping containers placed on any site shall comply with the provisions of this section, except that portable moving containers/moving pods placed on private property for no more than 30 days in any twelve-month period shall not be regulated by this chapter.
A. 
Agricultural districts. Shipping containers are allowed in Ag districts, provided that the use is an accessory use to the primary use, and is in conformance with current permitted zoning uses. Shipping containers used only for storage do not require a building permit or engineering foundation.
B. 
Residential districts. Shipping containers are not allowed in residential districts. A temporary shipping container can be approved by the Zoning Administrator or designee, when accessory to a project that has a valid residential building permit for up to 180 consecutive days for temporary storage after the building permit is issued.
C. 
Commercial districts (C-2 Highway Commercial and BP Business Park).
(1) 
Shipping containers are allowed in C-2 and BP districts under a special use permit, included with but not limited to the following requirements:
(a) 
An approved site plan.
(b) 
Are located in the rear yard of the property for new construction.
(c) 
Are not permanently affixed to the ground or installed with an engineering foundation.
(d) 
Shipping containers shall only be used for storage of nonhazardous material and not be used for residential uses, commercial sales or service, or other use types.
(e) 
Comply with the screening standards set forth in § 410-33.6.
(f) 
Shipping containers in existence prior to the adoption of these regulations will be regulated under Article 43, Nonconforming Lots, Structures, and Uses.
(2) 
Shipping containers are not allowed in commercial districts when the primary use is a nonconforming use.
D. 
Industrial districts.
(1) 
Shipping containers are allowed in industrial districts, provided that the use is in conformance with current permitted zoning uses. Shipping containers used only for storage do not require a building permit or engineering foundation.
(2) 
Shipping containers are not allowed on industrially zoned properties on which the primary use is a nonconforming use.
E. 
Construction sites. Shipping containers are allowed on construction sites in commercial districts, the Urban Corridor Mixed-Use District, the Central Business District, and industrial districts where there is an active building permit if accessory to a project with a valid commercial building permit. The Zoning Administrator or designee may allow placement of a container at a commercial or industrial building site for up to one year for temporary storage after the building permit is issued.
F. 
Similar containers. Look-alike shipping container buildings or metal buildings marketed as "containers" or "portable storage units" are regulated as shipping containers to which this section shall apply.
G. 
Shipping containers on public streets. Placing a shipping container on a City street or right-of-way is not allowed.
H. 
Development standards.
(1) 
A building permit is required prior to placement of a shipping container(s) larger than 200 square feet in area, ensuring effective anchoring/foundation according to the then most current edition of the International Building Code. The application shall show the proposed cargo container is accessory to the permitted use of the property and meets the placement criteria for the zone.
(2) 
The setback, height, and lot coverage requirements in the underlying zoning district shall apply.
(3) 
The screening standards set forth in § 410-33.6 shall apply.
The supplemental site development regulations establish basic requirements for developable lots, including frontage requirements. They recognize the existence of special conditions that cannot comply literally with the site development regulations set out for each zoning district. Therefore, these regulations qualify or modify the district regulations of this chapter and provide for specific areas of exception.
Except as permitted below, any lot used in whole or part for residential purposes shall provide a minimum frontage of 20 feet along at least one public street, or shall possess an exclusive, uninterrupted private easement of access or right-of-way of at least 20 feet wide to a public street. There shall not be more than one single-family housing unit for such frontage or easement. A common easement of access at least 40 feet in width may be provided for two or more single-family units or for one or more duplex, two-family, townhouse, or multiple-family housing units.
In any district permitting residential use types, a single-family use type may be located on any lot or plot of official record but nonconforming in size as of the effective date of this chapter, regardless of its area or width.
A. 
Lots adjoining alleys. In calculating the depth of a required side or rear yard setback for a lot adjoining a dedicated public alley, one-half of the alley may be credited as a portion of the yard. However, no residential structure may be nearer than five feet to the near side of the alley.
B. 
Encroachments on required yards. Every part of a required yard shall be open and unobstructed from finished grade upward, except as specified herein.
[Amended 11-1-2005 by Ord. No. 54-05]
(1) 
Architectural projections, including roofs that cover porches, enclosed porches, window sills, belt courses, cornices, eaves, flues and chimneys, and ornamental features may project two feet into a required yard.
(2) 
Uncovered decks, and ornamental features that have no structural element more than three feet above or below the adjacent ground level may project six feet into a required front yard. However, all such projections must be set back at least three feet from an adjacent side lot line; or 15 feet from any street property line.
(3) 
Window wells, fire escapes, fireproof outside stairways, and balconies opening to fire towers may project a maximum of three feet into required yards, provided that they do not obstruct the light and ventilation of adjacent buildings.
(4) 
For buildings constructed upon a front property line, a cornice may project into the public right-of-way. Maximum projection is the smaller of four feet or 5% of the right-of-way width.
(5) 
Swimming pools shall be subject to the same location and setback requirements as accessory buildings.[1]
[1]
Editor's Note: Original Subsection 11.3204.b.6, Garage setbacks, which immediately followed this subsection, was repealed 4-3-2018 by Ord. No. 2018-10. Original Subsection 11.3204.c, Setbacks on arterial streets, was repelaed 11-1-2005 by Ord. No. 54-05.
C. 
Setback adjustments.
(1) 
Corner lots.
(a) 
Required setbacks shall not reduce the buildable width of any corner lot to less than 24 feet. Appropriate setback adjustments shall be allowed to maintain this minimum width.
(b) 
No setback adjustment shall permit encroachment into the vision clearance triangle.
(2) 
Conditional use permit approvals. The City Council, following the recommendation of the Planning Commission, may grant an exception from the setback requirement for a zoning district for a conditional use as part of its approval of that use. The limit or extent of this exception shall be a specific part of the conditional use permit.
[Amended 7-16-2019 by Ord. No. 2019-21]
D. 
Double-frontage lots. Residentially zoned double-frontage lots on a major street, and with no access to that street, may have a twenty-five-foot minimum front yard setback along said street. All other double-frontage lots must provide full front yard setbacks from each adjacent street.
E. 
Satellite antennas.
(1) 
Antennas with a surface area over 6.3 square feet which are accessory to a primary use and are designed to receive and transmit electromagnetic signals, or to receive signals from satellites, shall not be located within any front yard of the primary use.
(2) 
Antennas with a surface area of over 6.3 square feet are subject to the following additional regulations:
[Amended 11-1-2005 by Ord. No. 54-05]
(a) 
Such antennas shall be located no less than 10 feet from the property line of an adjacent property line.
(b) 
The maximum height shall be 15 feet and the maximum diameter shall be 11 feet.
F. 
Vision clearance triangles. Except in the CBD District, no structure or obstruction, including fences, walls, or landscape materials, shall be built to a height of between 24 inches and 10 feet above the established curb grade on the part of the lot within a vision clearance triangle. The vision clearance triangle shall be a triangle defined by:
[Amended 4-3-2018 by Ord. No. 2018-10]
(1) 
Twenty feet back from the intersection of curblines and right-of-way edges of alleys.
(2) 
Seventy-five feet from the intersection of the center lines of intersecting local streets.
(3) 
Ninety feet from the intersection of the center lines of intersecting collector or arterial streets.
[Amended 11-1-2005 by Ord. No. 54-05]
A. 
Setbacks and setback flexibility. Accessory buildings are subject to all site development regulations of their zoning district, except as provided below:
(1) 
Rear yard. The minimum rear yard setback for accessory buildings shall be 7.5 feet. The sum of the width of the alley and the rear yard setback shall be at least 20 feet if the accessory building is a garage with a vehicular entrance door that is directly oriented toward an alley. Double-frontage lots shall require front yard setbacks along both street frontages as required by the individual zoning district. Easements may be incorporated into these required setbacks. No accessory building shall be located within any easement or right-of-way along the rear property line.
(2) 
Street yards. No accessory building shall be located within 20 feet from any street right-of-way line.
(3) 
Garage setbacks. Any garage that fronts on a public street must be set back at least 20 feet from such street, regardless of the setback requirement within the zoning district. This shall not be interpreted to waive a larger required minimum setback required by the zoning district.
B. 
Maximum size of residential accessory buildings.
(1) 
The maximum size of a detached accessory building for a single-family detached, single-family attached, or duplex residential use in the R-1, R-2, R-3, R-4 and R-M Districts shall not exceed 900 square feet for lots less than one acre in size and 1,200 square feet for lots exceeding one acre in size. An accessory building may exceed these maximums subject to approval of a conditional use permit and other requirements of this section.
[Amended 4-3-2018 by Ord. No. 2018-10; 2-21-2023 by Ord. No. 2023-7]
(2) 
All accessory buildings on a site, taken together, must comply with the building coverage requirements for the zoning district.
C. 
Height of accessory buildings. In residential districts, the maximum height shall be 16 feet for any accessory building. Maximum height for a detached garage and/or other accessory building in an AG or RR District shall be 35 feet.
D. 
Other requirements for accessory buildings: physical separation, effects on other properties, hazards, and sequencing of construction.
(1) 
Separation from other buildings. No accessory building shall be placed within five feet of any other building on its own property.
(2) 
Attached accessory buildings. Any accessory building physically attached to the principal building shall be considered part of the principal building and subject to the development regulations of its zoning district, except as modified in this section.
(3) 
Effect on adjacent properties. If an adjacent lot is built upon, the accessory building must be entirely to the rear of the line of any principal building on such adjacent lot.
(4) 
Hazards. Any accessory use that creates a potential fire hazard shall be located a minimum of 10 feet from any residential structure. Such uses include but are not limited to detached fireplaces, barbecue ovens, or storage of flammable materials.
(5) 
No accessory building shall be built upon any lot until construction of the principal building has begun.
These provisions allow exceptions to the height limit of any zoning district in certain situations.
A. 
Vertical projections.
(1) 
Chimneys, cooling towers, building mechanical equipment, elevator bulkheads, fire towers, grain elevators, non-parabolic receiving antennas, tanks, solariums, steeples, penthouses not exceeding 25% of total roof area, flagpoles, stage towers or scenery lofts, and water towers may be built to any height in accordance with existing and future ordinances.
(2) 
Any such equipment or vertical projections attached to a building and exceeding the height limit shall be screened to prevent visibility from a public right-of-way or adjacent property using materials or design features that are consistent with the overall design of the main building.
(3) 
No such projection may be built which in the event of failure could constitute a hazard or fall onto either a public right-of-way or property or another private property.
B. 
Civic buildings. Buildings housing civic use types may be built to a maximum height of 60 feet. Such buildings located in residential districts shall be set back one foot in addition to required setbacks from each property line for each foot of height over the maximum height of the zoning district.
C. 
Wind energy conservation systems (WECS). Wind energy conservation systems are subject to the regulations of § 410-31.9B.
D. 
Conditional use permit approvals. The City Council, following the recommendation of the Planning Commission, may grant an exception from the height limit for a zoning district for a conditional use as part of its approval of that use. The limit or extent of this exception shall be a specific part of the conditional use permit.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
A. 
Purpose. As part of the approval process of innovative development designs, including conservation subdivisions, traditional neighborhood developments, or planned unit developments, the City may authorize greater flexibility in setbacks in order to produce innovative residential environments, to provide for more efficient use of land, to protect topography and to encourage the preservation of common area and open space.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
B. 
Site area per unit. Unless otherwise provided, the site area per unit for an innovative development as a whole shall be that of the zoning district in which such subdivision is located. For the purpose of computing site area per unit, the area of public streets and private ways within the subdivision must be excluded. Residential use types may be combined within the innovative subdivision, provided that the subdivision as a whole complies with the required maximum density of the zoning district.[2]
[2]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
C. 
Perimeter yards.
(1) 
Structures must maintain normal street yard setbacks from any public streets that form the perimeter of the development.
(2) 
Structures must maintain a twenty-foot minimum side yard setback from any property line that forms the boundary of the development.
D. 
Area and yards for individual lots.
(1) 
Individual lots within an innovative development are permitted special minimum lot area and yard setback requirements set forth elsewhere in this chapter. An innovative subdivision must be planned and developed as a common development.
(2) 
Any private garage oriented to or facing a public street or private way internal to the innovative subdivision must be set back a minimum of 20 feet from that public street or private way.[3]
[3]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
E. 
Coverage and landscaping requirements. Individual lots in an innovative development are exempt from maximum building and impervious coverage limitations and street yard landscaping requirements established for the zoning district. However, the subdivision as a whole, including streets, walks, and accessways, must comply with the building and impervious coverage regulations for its zoning district.
A. 
Location restriction.
(1) 
Unless otherwise provided by this chapter or other sections of the Seward Municipal Code, no fence shall be built on any lot or tract outside the surveyed lot lines.
(2) 
No fence shall be built by a private party on public land without the specific prior approval of the City. Removal of any such fence shall be at the expense of its owner.
B. 
Applicability. The regulations contained in this section apply to all fences with a height above grade of 30 inches and over.
C. 
Sight obstruction at street intersections. No fence or hedge permitted or required by this section or other sections of the Seward Municipal Code shall be built to a height of more than two feet above the established curb grade on the part of the lot within a vision clearance triangle.[2]
[2]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
D. 
Facing. The finished surfaces of any fence shall face toward adjacent properties and street frontage.
E. 
Effect on adjacent properties and drainage. Fences shall be erected and maintained so as to avoid limiting or obstructing the flow of water in natural drainagecourses, or drainageways created within easements.
F. 
Fence construction on utility easements. Any fence erected on a tract of land subject to an easement for the construction, maintenance, operation, or replacement of any water, sanitary or storm sewer, gas line, electric power, telephone, or other utility poles, or other cables or lines shall be designed and constructed to be readily removable to permit the use of the easement. Such fences shall be subject to removal by request whenever necessary to permit access. The cost of removal or replacement shall be the responsibility of the owner of the fence.
G. 
Residential fences. Fences constructed within residential districts or on land used for residential purposes are subject to the following provisions:
(1) 
Height. The maximum average height of a fence shall be 78 inches. This height limit does not apply to supports, posts, or attached ornaments. The maximum height for any fence outside of a required front yard shall be six feet.
(2) 
Setbacks. All residential fences in front yards shall be a minimum of two feet behind adjacent sidewalks.
(3) 
Materials. Fences shall be constructed of wood, chain-link, PVC/resin, stone or masonry materials, or ornamental metals only. Wood fences shall utilize standard building lumber only. Barbed-wire and/or electrified fences are not permitted, and are defined as any fence that includes in its material barbs, blades, razors, electric current or other features specifically designed to injure or abrade an individual or animal who attempts to negotiate the fence. Wire mesh fences may be permitted to enclose tennis courts and game and recreation areas on public land and residential lots.
H. 
Civic, office, commercial, and industrial fences. Fences constructed in commercial and industrial districts are subject to the following special provisions:
(1) 
The maximum height of a fence for any permitted use in any nonresidential zoning district shall be eight feet.
(2) 
Civic uses in residential districts. The maximum height of fences installed as part of primary and secondary educational facilities, day care, and park and recreation use types, or any other use that provides secured outdoor space for the use of children within Residential Zoning Districts, shall be eight feet.
(3) 
The Board of Adjustment may approve greater fence heights on a case-by-case basis if it concludes that such permission furthers the health, safety, and welfare of the residents of the City of Seward.
(4) 
Barbed wire shall not be used in the construction of any fence outside of the I-2 General Industrial Zoning District. Barbed wire may be used in the construction of fencing in an Industrial District, provided that the bottom strand of the barbed wire shall be at least six feet above ground level. Electrified fences are not permitted within the jurisdiction of the City of Seward.
[1]
Editor's Note: See also Ch. 225, Building Construction, Art. XIII, Fence Regulations.
Denial, revocations, or cancellations of a building permit based on the provisions of this article may be appealed to the Board of Adjustment, as set forth in § 410-44.8.