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)
(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.
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.
(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.
G.
Two-family residential. Where permitted, two-family residential development
is subject to the following regulations:
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.
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.
(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.
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)
(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]
(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]
(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]
(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.
(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:
E.
Permitted accessory uses: agricultural use types.
(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.
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.
[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.
(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.
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.
(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]
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]
[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]
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]
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]
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.
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]
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.
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.
