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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.
(also see Junkyard) Bar shall mean any establishment whose principal business is serving alcoholic beverages at retail for consumption on the premises. The waiver procedure herein is the exclusive remedy to the application of the provisions of this division and is to be utilized in lieu of an application to the Board of Adjustment for a variance. Said administrative waiver shall be noted on the plot plan, signed by the zoning official or his or her designee, and filed of record in the office of the Register of Deeds of Madison County at the applicant's expense.
(also see Nightclub) Basement shall mean that portion of a building which is partly or completely below grade. In District I-2, the following conditional uses, as well as those provided for in Sec. Any conditional use permit shall include as minimal conditions those conditions specifically set forth in this section for each conditional use listed. (5) Auto salvage and junkyards; provided, such yard is completely surrounded by a solid wall or fence not less than six (6) feet high. An administrative waiver of the encroachment shall have the same effect as if a variance to the encroachment had been granted by the board of adjustment.
Active recreation shall mean a recreational activity requiring physical exertion such as swimming, tennis, soccer, baseball, softball, running and playgrounds. (3) All uses subject to buffering requirements set forth in Sec. (4) All utility and sanitary facilities be elevated or floodproofed one foot above the regulatory flood protection elevation. The storage or processing of materials that are in time of flooding buoyant, flammable, explosive, or could be injurious to human, animal or plant life is prohibited. Storage of other material or equipment may be allowed if not subject to major damage by floods and firmly anchored to prevent flotation or if readily removable from the area within the time available after flood warning. (3) Require for all new construction and substantial improvements that fully enclosed areas below the lowest floor that are subject to flooding shall be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwaters. Notice of Proposed Construction or Alteration or Permit - Airport Overlay. Nonconforming structures - marking - Airport Overlay. All lighting fixtures, with the exception of fixtures used to accent architectural building features, landscaping or art shall be cutoff fixtures in accordance with the Illuminating Engineering Society (IES) standards.
Addition shall mean any construction which increases the size of a building or structure. (5) That until a floodway has been designated, no development including landfill, may be permitted within the identified flood plain unless the applicant for the land use has demonstrated that the proposed use, when combined with all other existing and reasonably anticipated uses, will not increase the water surface elevation of the 100-year flood more than one (1) foot on the average cross section of the reach in which the development or landfill is located. (7) Subdivision proposals and other proposed new development, including mobile home parks or subdivisions, be required to assure that (a) all such proposals are consistent with the need to minimize flood damage, (b) all public utilities and facilities, such as sewer, gas, electrical, and water systems are located, elevated and constructed to minimize or eliminate flood damage, (c) adequate drainage is provided so as to reduce exposure to flood hazards, and (d) proposals for development (including proposals for mobile home parks and subdivisions) of five (5) acres or fifty (50) lots, whichever is lesser, include within such proposals the regulatory flood elevation. Designs for meeting this requirement must either be certified by a registered professional engineer or architect or meet or exceed the following minimum criteria: a. (a) Within the turning zones, the height regulations set forth in Section 27-265 shall not apply to construction or a tree which is no higher than seventy-five (75) feet above the nearest existing or proposed runway end. Whenever the zoning official or his or her designee shall determine, or shall be notified by the Nebraska Department of Aeronautics that a specific nonconforming structure or objects have existed prior to June 29, 1959 which is the effective date of this division, within the airport hazard area previously described at such a height or in such a position as to constitute a hazard to the safe operation of aircraft landing at or taking off from the airport, the owner and the lessor of the premises on which such structure or object is located shall be notified in writing by the zoning official or his or her designee and shall permit the marking thereof by suitable lights or other signals designated by the zoning official or his or her designee and based on recommendations of the Nebraska Department of Aeronautics. (e) The overlay district is intended to be a pedestrian friendly urban business environment with mixed-use elements that connect and enhance the downtown and riverfront and serve the larger community as a whole.
(3) Fondling or erotic touching of human genitals, pubic region, buttock, or female breast. (14) Jewelry manufacturing including costume jewelry. If the structure is converted to another use, it must be brought into full compliance with the minimum standards governing such use. (1) All mobile homes shall be anchored to resist flotation, collapse, or lateral movement. Airport includes only public-use airports with state or federally approved airport layout plans and military airports with military service-approved military layout plans. The approach zone is one thousand (1,000) feet wide at the end of the zone nearest the runway which is adjacent to the operation zone and expands uniformly to sixteen thousand eight hundred forty (16,840) feet wide at the farthest end of the zone which is ten miles (10) from the operation zone. A copy of the written permit granted by the Nebraska Department of Aeronautics shall be provided to the City of Norfolk building permit official. Temporary or intermittent overhangs or doors shall be permitted to encroach into the public right of way as long as ADA compliance is maintained.
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.Antenna shall mean any attached or external system of wires, poles, rods, reflecting disks or similar devices used for the transmission or reception of electromagnetic waves. (2) Variances shall not be issued within any designated floodway if any increase in flood levels during the base flood discharge would result. (2) If such use is discontinued for twelve (12) consecutive months, any future use of the building or premises shall conform to this division. Screening devices shall relate to the building's style of architecture and materials. (j) Applications for development within the North Fork of the Elkhorn River Overlay District shall be reviewed for compliance with the existing comprehensive plan, existing zoning district regulations including setbacks, overlay district regulations and the goals and expectations of this overlay district. Prior to submittal to the review board, staff acknowledgement of site plans is mandatory, including review of landscaping and tree plans, architectural plans, lighting plans, and color and exterior finish samples. Additional height and area requirements and exceptions. (b) Where a proposed right-of-way line has been established for future widening or opening of a street or a highway upon which a lot abuts, then the depth or width of a yard shall be measured from such established line.(also see Satellite dish antenna and Tower) Apartment shall mean a room or a suite of rooms within an apartment house or multiple-family dwelling arranged, intended or designed for a place of residence of a single-family or group of individuals living together as a single housekeeping unit. (3) Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief. (3) Uses or adjuncts thereof which are or become nuisances shall not be entitled to continue as nonconforming uses. All screening devices shall be designed so that no part of the offensive element extends beyond the top of the screen, measured vertically. (2) Changes to the exterior of any structure in the overlay district shall require review and approval by the review board. (a) Public and semi-public buildings, hospitals, religious assemblies, sanitariums and schools, where permitted, may be erected to a height not exceeding seventy-five (75) feet, provided, such buildings are setback from side and rear lot lines an additional one (1) foot for each additional foot of building height above the height requirement of the district in which such buildings are located. (c) Setback requirements pertaining to any new buildings, structures, signs or parking on properties affected by street and highway improvement projects which have involved the acquisition of additional right-of-way from adjoining properties shall be measured from the right-of-way line which existed prior to any right-of-way actions for said project and not from the new right-of-way line resulting from said right-of-way actions; provided, however, in no event shall said new building, structure or parking be located less than fifteen (15) feet from the new right-of-way line unless otherwise allowed in the zoning district where located.Specified sexual activities include any of the following conditions: (1) Human genitals in a state of sexual stimulation or arousal. (7) Electric and electronic machinery manufacturing. (8) Fats and oils manufacturing excluding animal rendering. (24) Photographic equipment and supplies manufacturing. (25) Publishing, bookbinding and industries which provide specialized services to commercial printers; but excluding commercial print shops. (37) Soil extraction for public road purposes when meeting the requirements set forth in Section 27-293. A minimum of two openings having a total net area of not less than one square inch for every square foot of enclosed area subject to flooding shall be provided. The bottom of all openings shall be no higher than one foot above grade; and c. Unless specifically defined below, or in Section 27-2 of this Code, words and phrases used in this division shall be interpreted so as to give them the same meaning as they have in common usage and so as to give this division its most reasonable application. (b) An "approach zone" shall extend from the end of each operation zone and shall be centered along the extended runway centerlines. (c) If any new structures or alteration of existing structures exceed a height of one hundred fifty (150) feet above the surface of the ground at point of installation, it shall be unlawful to build, erect or maintain any said structure without first obtaining a written permit from the Nebraska Department of Aeronautics as provided in Nebraska Revised Statutes 1943 (Reissue 2012) 3-403. For nonconforming structures other than electric facilities, no permit under this section shall be required for repairs necessitated by fire, explosion, act of God, or the common enemy or for repairs which do not involve expenditures exceeding more than sixty (60%) percent of the fair market value of the nonconforming structure, so long as the height of the nonconforming structure is not increased over its preexisting height. Signage will address these challenges and opportunities and maintain a consistent urban neighborhood with a cohesive, harmonious, and distinct signage standard. Street light pole banners for corporate or civic events (no advertising) are permitted in the right of way. Light standard signs are limited to surface parking lots, and can only be used for way finding signage. Buildings within the overlay district shall not exceed 45 feet without requesting and being granted a conditional use permit for extra height.