Words in the present tense shall include the future; the singular shall include the plural and the plural the singular; the word "structure" shall include the word "building," and the word "shall" is mandatory. (g) The degree of flood protection required by this division is considered reasonable for regulatory purposes and is based on engineering and scientific methods of study. Review all development permits to assure that sites are reasonably safe from flooding and that the permit requirements of this division have been satisfied. Review permits for proposed development to assure that all necessary permits have been obtained from those federal, state or local governmental agencies from which prior approval is required. Notify adjacent communities and the Nebraska Natural Resources Commission Flood Plain Management Section prior to any alteration or relocation of a watercourse, and shall submit evidence of such notification to the Federal Insurance Administration when participating in the National Flood Insurance Program. Assure that maintenance is provided within the altered or relocated portion of said watercourse so that the flood carrying capacity is not diminished. Verify and record the actual elevation (in relation to mean sea level) of the lowest floor (including basement) of all new or substantially improved structures. Verify and record the actual elevation (in relation to mean sea level) to which the new or substantially improved structures have been floodproofed. When floodproofing is utilized for a particular structure, the enforcement officer shall be presented certification that the floodproofing requirements in Sec. Within these districts all uses not meeting the standards of this division and those standards of the underlying zoning district shall be prohibited. (b) All areas identified as unnumbered A Zones by the Federal Insurance Administration are subject to inundation of the 100-year flood; however, the water surface elevation was not provided. (d) Outdoor lighting design for the overlay district is intended to provide safety while accenting key architectural elements and landscape features and creating a unique identity for the businesses, residential and public spaces within the overlay district.
Certain articles or divisions contain definitions which are additional to those listed herein. (f) In their interpretation and application, the provisions of this division shall be held to the minimum requirements and shall be liberally construed in favor of the governing body and shall not be deemed a limitation or repeal of any other powers granted by state statutes. (2) The duties of the enforcement officer shall include, but not be limited to: a. The mapped flood plain areas within the jurisdiction of this division are hereby divided into the two following districts as identified in the official flood plain study: A floodway overlay district (FW) and a floodway fringe overlay district (FF). (a) No permit for development shall be granted for new construction, substantial improvement and other improvements including the placement of manufactured home dwellings within the identified flood plain unless the conditions of this section are satisfied. They shall be high quality stone, brick, metal (wrought iron, welded steel and/or aluminum [electro-statically plated black]).
The raising of livestock and poultry shall be an agricultural use if the area in which the livestock or poultry is kept is ten (10) acres or more in area. The Limited Industrial District (I-3) is intended to provide for manufacturing. Any additions to the mobile home be similarly anchored. No use shall increase the flood levels of the base flood elevation. 27-247 and 27-248 and include: (1) Agricultural uses such as general farming, pasture, nurseries, forestry. (h) All proposed development in the overlay district shall coordinate with and connect to cross access easements providing public access to the riverfront to encourage those working, living, or visiting within the overlay district to have access to and visibility of both riverfront and surrounding public amenities. This plan shall indicate location, diameter of minimum 2-inch caliper, and species of all trees. This plan shall indicate roof type, slope, and any visually offensive elements (as described in these requirements) and descriptions of screening devices. This includes any site lighting fixtures attached to buildings. Sign elevations (minimum scale: three-quarters inch equals one foot). Corporate signature or commercial prototype architecture, unless such is consistent with all requirements of this Code.
Agronomic Rates shall mean the application of plant nutrients, from all sources, to meet, but not exceed, the estimated annual nutrient needs of the crop being produced, based upon past or projected yields, so as to avoid build-up of nutrients including, but not limited to, nitrate, chloride, ammonia and phosphorus. Tracts of land in this district may or may not have been designated as an industrial area (county industrial tract) by the county board pursuant to Nebraska statutes. (2) Require that all mobile homes placed within Zones A1-30, AH and AE on the community's FIRM, be elevated on a permanent foundation such that the lowest floor of the mobile home is at or above the base flood elevation; and be securely anchored to an adequately anchored foundation system in accordance with the provisions of this section. (2) Residential uses such as lawns, gardens, parking and play areas. (i) The design guidelines set forth in this subsection shall be applicable to the North Fork of the Elkhorn River Overlay District. This plan shall indicate setbacks and all site development and shall depict: building orientation, locations of signage, location of service areas, dumpsters, loading zones, mechanical equipment, and any other "visually offensive elements" as described in these requirements, including locations and specifications of screening devices. (May be located on the landscape plan, if all items remain legible.) c. The landscape plan may be incorporated into the site plan, if all items remain legible. This plan shall depict general location of entries and exits, restrooms, and general uses. These are to be detailed drawings of building and site signage including all items affecting the appearance of signs, including but not limited to: dimensions, area in square feet, complete description of finish materials and their colors, color samples (minimum size three inches by five inches, using Pantone Matching System numbers with color on back of each sample) and method of illumination. Wood board or batten board of a board width from eight to 18 inches. Wood shiplap siding smooth face seven inches to the weather. Examples of such include, but are not limited to, flat roofed convenience stores and gas stations. Buildings which are of symbolic design for reasons of advertising and buildings which are not compatible to the atmosphere of this overlay district.
Aquifer recharge area shall mean an area that has soils and geological features that are conducive to allowing significant amounts of surface water to percolate into groundwater. (3) All uses subject to buffering requirements set forth in Sec. (6) Any person aggrieved by the decision of the board of adjustment or any taxpayer may appeal such decision as provided in Section 19-912, R. (4) The review board will be comprised of 5 members appointed by the mayor and confirmed by the city council. The request shall be heard by the planning commission in determining if any such provision be waived, modified or applied as written. Except in industrial districts, every building or structure hereafter erected or altered shall be located on a lot and in no case shall there be more than one principal use or building on a lot unless provided for in a planned development or except as provided herein. Flagpoles, chimneys, cooling towers, elevator bulkheads, penthouses, gas tanks, grain elevators, windmills, stacks, storage towers, radio and television towers, ornamental towers, masts and aerials, domes, spires, standpipes, and necessary mechanical appurtenances may be erected to any safe height not in conflict with existing laws affecting the same, provided, that such structures are set back from side and rear lot lines an additional one (1) foot for each additional two (2) feet of height above the height requirement of the district in which such structures may be located. Fire escapes, solid floored balconies and enclosed outside stairways may project not more than four (4) feet into a required rear yard.
Architectural canopy sign (see Sign, architectural canopy) Arterial street (see Street, arterial) Attached permanently shall mean attached to real estate in such a way as to require dismantling, cutting away, unbolting from permanent foundation or structural change in such structure in order to relocate it to another site. The review board will meet on the 2nd Monday of the month, only when a plan has been submitted within the timeframe described above. The planning commission shall hold a quasi-judicial hearing on the requested waiver. In commercial districts, a single principal building may contain more than one use permitted within the district in which the lot is located, subject to other provisions of the district. (d) Unless otherwise specified, where a lot in separate ownership as of the effective date of this chapter has less area and/or width as herein required, these regulations shall not prohibit the lawful use of the property. (f) A through lot having one end abutting a limited access highway, with no access to the highway, shall be deemed to front upon the street which gives access to that lot.
Adult entertainment businesses shall mean any business activity which offers the opportunity to view specified sexual activities or view and touch specified anatomical areas in a manner that lacks serious literary, artistic, political, or scientific value. (4) Within AH zones, adequate drainage paths around structures on slopes shall be required in order to guide floodwaters around and away from proposed structures. Generally this area includes three (3) miles beyond the boundaries of airport property and within the ten (10) mile approach extension which lie within the corporate limits of the city or extraterritorial zoning jurisdiction as delineated on the official extraterritorial zoning jurisdiction map of the city. Such operation zone extends two hundred (200) feet beyond the end of each runway. The Determination of No Hazard letter shall be provided to the City of Norfolk building permit official. Nonconforming structures - Generally - Airport Overlay. Signage in this overlay district will promote appropriate signs and street graphics, harmonious with the city's visual context, and connected to other specialty districts such as the downtown district. Screens for dynamic media directory signs shall be a maximum of 55" diagonally, with pedestrian level lighting, not to interfere with traffic. (f) Buildings proposed in the overlay district shall be of an orientation and height to support an urban business, mixed-use development while providing and celebrating a connection to the adjacent streets and riverfront.
Automobile service station (see Service station) Automobile wrecking yard shall mean the dismantling or wrecking of used motor vehicles or trailers, or the storage, sale, or dumping of dismantled or wrecked vehicles or their parts. (5) The review board will approve and amend plans by resolution. The criterion for granting a waiver or modification of any of the provisions of this division is whether the strict interpretation of the requirements of this division places an inordinate burden on the property owner. (g) In all industrial districts, buildings or structures within three hundred (300) feet of, within the same block as, and on the same side of a street as property in a district requiring a front yard of less than that required in the industrial district, may conform to the required front yard setback of the other district requiring the lesser front yard setback.
The presence on any lot or parcel of land of two or more vehicles, which, for a period exceeding 30 days, have not been capable of operating under their own power and from which parts have been or are to be removed for reuse or sale, shall constitute prima facie evidence of an automobile wrecking yard. (k) No building permit shall be applied for before the review board enacts a resolution approving or amending the final plans submitted to the review board, as required by this division. No waiver shall be granted unless the planning commission finds: (a) the strict application of the overlay regulation would produce undue hardship, a possible hardship example being an existing residential structure damaged over 50% by fire, explosion or act of God; (b) such hardship is not shared generally by other properties in the same overlay district and the same vicinity; (c) the granting of such waiver will not be of substantial detriment to adjacent property and the character of the overlay district will not be changed by the granting of the waiver; and (d) the granting of such waiver is based upon reason of demonstrable and exceptional hardship as distinguished from variations for purposes of convenience, profit, or caprice. (h) On lots where it is found that a dwelling or a structure, other than a sign, has been constructed within a required front, side or rear yard, and such encroachment does not exceed five percent (5%) of the required front, side or rear yard which was in effect at the time the dwelling or structure was built, upon application to the zoning official or his or her designee with a plot plan of such lot made by a registered surveyor showing the encroachment, such encroachment may be administratively waived by the zoning official or his or her designee.
(also see Dwelling unit) Apartment hotel shall mean a multiple-family dwelling under resident supervision which maintains an inner lobby through which all tenants must pass to gain access to the apartments and which may furnish services ordinarily furnished by hotels, such as drug store, barber shop, beauty parlor, shoeshine shop, cosmetologists shop, cigar stand or newsstand, when such uses are located entirely within the building with no entrance from the street nor visible from any public sidewalk, and having no sign or display visible from the outside of the building indicating the existence of such use. In District I-2, unless otherwise specified, the maximum height and minimum lot requirements shall be as follows: (1) Where a side lot line in this district abuts the side line of a lot in District S-R to R-O inclusive, a side yard of not less than seven (7) feet shall be provided, and a side yard of twenty-five (25) feet shall be provided on the street side of a corner lot. (4) Variances shall only be issued upon (1) a showing of good and sufficient cause, (2) a determination that failure to grant the variance would result in exceptional hardship to the applicant, and (3) a determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, create nuisances, cause fraud on or victimization of the public, or conflict with existing local laws or ordinances. (4) When any nonconforming use or structure is destroyed by any means, including flood, to the extent that more than fifty percent (50%) of the floor area requires reconstruction or to the extent of more than fifty percent (50%) of its replacement cost at the time of the damage or destruction, the nonconforming use or structure shall not be restored within those areas identified as floodway (FW). Rooftop screening devices shall not be required for plumbing roof vents which are less than four inches in diameter and less than 12 inches above roof penetration. Such changes shall include, but not be limited to, colors, building materials, roof finishes and signage. (b) Single-family, two family and multiple-family dwellings may be increased in height not exceeding ten (10) feet in addition to the height limitation established within the district provided that the side and rear yards are increased a distance of not less than ten (10) feet over the minimum requirements of the district in which they are located. In addition, any existing building, structure or parking affected by said project shall be allowed to relocate at the same setback from the new right-of-way line as the existing building, structure or parking was from the right-of-way line which existed prior to any right-of-way actions; except that no part of any such relocated building, structure or parking shall extend beyond the new right-of-way line into said right-of-way and shall comply with the provisions of Sec. (d) Every part of a required yard or court shall be open from its lowest point to the sky, unobstructed except for the ordinary projection of sills, belt courses, cornices, chimneys, buttresses, ornamental features and eaves; provided, however, that none of the above projections shall extend into a court more than six (6) inches nor into a minimum yard more than thirty (30) inches and provided further, that canopies or open porches may project a maximum of six (6) feet into the required front or rear yard; and open porches extending into the required yard shall not be enclosed.
Apartment house (see Residential uses) Approved lot (see Lot, approved) Aquifer shall mean a geological unit in which porous and permeable conditions exist and thus are capable of bearing and producing usable amounts of water. (2) Where an alley of record exists, such rear yard may be measured from the centerline of the alley. (4) Unless modified as a part of a site plan or conditional use approval. (5) Any applicant to whom a variance is granted shall be given a written notice that the cost of flood insurance will be commensurate with the increased risk resulting from the reduced lowest floor elevation. 1943, as the same may, from time to time, be amended. This limitation does not include the cost of any alteration to comply with existing state or local health, sanitary, building, or safety codes or regulations or the cost of any alteration of a structure listed on the National Register of Historic Places or a State Inventory of Historic Places. These roof vents are to be located where they will be least visible from roadways. Chain link fencing, with or without slats, is prohibited as a screening device for screening visually offensive elements and nuisance elements. Within the perimeter landscape strips, the following landscaping shall be provided per 100 (lineal feet): 1. Routine maintenance and replacement of materials which do not affect the approved exterior design shall be exempt from such review and approval. As part of an application for development, a request may be made for a waiver of any of the provisions of this division. (c) Parapet walls and false mansards shall not extend more than six (6) feet above the height limit. (e) An open fire escape may project into a required side yard not more than one-half the width of such yard, but not more than four (4) feet from the building.