(A) The purpose of these provisions is to promote consistency and precision in the interpretation of this chapter. The meaning and construction of words as set forth shall apply throughout this chapter, unless where modified in a specific section or where the context of such words or phrases clearly indicates a different meaning or construction.
(B) The following general rules of construction apply to this chapter.
(1) Headings. Section and division headings contained herein are provided for illustrative purposes only and shall not be deemed to limit, govern, modify or otherwise affect the scope, meaning intent of any provision of this chapter.
(2) Illustrations. In the case of any real or apparent conflict between the text of this chapter and any illustration explaining the text, the text shall apply.
(a) “Shall” is always mandatory. “May” is discretionary.
(b) Words used in the present tense include the future tense. Words used in the singular include the plural, and the plural the singular, unless the context clearly indicates the contrary.
(c) Unless the context clearly indicates the contrary, the following conjunctions shall be interpreted as follows:
1. “And” indicates that all connected items or provisions apply;
2. “Or” indicates that the connected items or provisions may apply singly or in any combination; and
3. “Either...or” indicates that the connected items or provisions shall apply singly but not in combination.
(d) Unless otherwise indicated, all public officials, bodies and agencies referred to in this chapter are those of the city.
(C) For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ABUTTING. Having lot lines or district boundaries in common, including property separated by a public street or alley. Used interchangeably with “adjacent.”
ACCESSORY STRUCTURE. A structure, which is incidental to and customarily associated with a specific principal use or building on the same site.
ACCESSORY USE. A use, which is incidental to and customarily associated with a specific principal use on the same site.
ADDITION. Any construction, which increases the size of a building or structure in terms of site coverage, height, length, width or gross floor area.
AGENT OF OWNER. Any person showing written verification that he or she is acting for, and with the knowledge and consent of, a property owner.
ALLEY. A public right-of-way, which is used as a secondary means of access to abutting property.
ALTERATION. Any construction or physical change in the internal arrangement of spaces, the supporting members, the positioning on a site, or the appearance of a building or structure.
APARTMENT. A housing unit within a building designed for and suitable for occupancy by only one family.
AERIAL MAP. An orthoimage with a scale of not less than one inch to 600 feet showing the location of a development project or subdivision in reference to surrounding property. The MAP shall show existing lots, streets, public facilities, floodplain and floodway zones, natural features, city limit or extra territorial jurisdiction lines. The area shown shall be sufficient to show how the proposed project or subdivision will fit into existing developments.
ATTACHED. Having one or more walls in common with a principal building or connected to a principal building by an integral architectural element, such as a covered passageway, façade wall extension or archway.
BASE DISTRICT. A district established by this chapter to prescribe basic regulations governing use and site development. No more than one BASE DISTRICT shall apply to the same portion of a site.
BASEMENT. A level of a building below street level that has at least one-half of its height below the surface of adjacent ground. A BASEMENT used for independent dwelling or business purposes shall be considered a story for the purposes of height measurement.
BEGINNING OF CONSTRUCTION. At the time the site is disturbed or altered for the project.
BLOCKFACE. The property abutting one side of a street and lying between the two nearest intersection streets, or between the one nearest intersecting street or a major physical barrier, including, but not limited to, railroads, streams, lakes, the corporate limits of the city or the extra-territorial jurisdiction of the city.
BUFFERYARD. A landscaped area intended to separate and partially obstruct the view of two adjacent land uses or properties from one another.
BUILDING. A structure having a roof and built to provide shelter, support, or enclosure for persons or property.
BUILDING COVERAGE. The area of a site covered by buildings or roofed areas, excluding allowed projecting eaves, balconies and similar features.
BUILDING LINE. The outer boundary of a building established by the location of its exterior walls.
BUILDING OFFICIAL. The Community Development Director is responsible for supervision and operation of the building and land use regulations of the city.
BUSINESS. Activities that include the exchange or manufacture of goods or services on a site.
BUSINESS CENTER. A building containing more than one commercial business, or any group of non-residential buildings within a common development, characterized by shared parking and access.
CERTIFICATE OF OCCUPANCY. An official certificate issued by the Building Official or his or her designee, indicating conformance with the zoning regulations and other applicable ordinances of the city and authorizing legal use of the premises for which it is issued.
CHANGE OF USE. The replacement of an existing use by a new use.
CLUSTER. A development design technique that concentrates buildings in specific areas on a site to allow remaining land to be used for recreation, common area or the preservation of historically or environmentally sensitive features.
CITY. The City of Columbus, Nebraska.
CITY COUNCIL. The City Council of Columbus, Nebraska.
COLLECTOR STREET. A street connecting neighborhoods within the city and its extra- territorial jurisdiction, designed to carry traffic from local to arterial streets.
COMMON AREA. An area held, designed and designated for common or cooperative use within a development.
COMMON DEVELOPMENT. A development proposed and planned as one unified project not separated by a public street or alley.
COMPATIBILITY. The degree to which two or more different land use types are able to exist together in close proximity, with no one use having significant negative effects on any other use.
COMPREHENSIVE PLAN. The duly adopted Comprehensive Development Plan of the City of Columbus.
CONDOMINIUM. A real estate ownership arrangement that combines fee simple title to a specific unit and joint ownership in common elements shared with other unit owners. Types of units may include dwelling units, parking spaces, office spaces or commercial spaces.
COUNTY. Platte County, Nebraska.
COURTYARD. An open, unoccupied space, bounded on two or more sides by the walls of the building.
CREATIVE SUBDIVISION. A wholly or principally residential subdivision that permits a reduction in lot area, setback or other site development regulations, provided the remaining land area is used for common area.
DENSITY. The amount of development per specific unit of a site.
DRIVE-IN-SERVICES. Uses which involve the sale of products or provision of services to occupants in vehicles.
DETACHED. Fully separated from any other building or attached to another building in such a manner as not to constitute an enclosed or covered connection.
DRIVEWAY. A permanently surfaced area providing vehicular access between a street and an off-street parking or loading area.
DOWNTOWN BUSINESS DISTRICT. Area bounded by 10th Street and 15th Street and 21st Avenue and 32nd Avenue, all public rights-of-way or portions thereof located within these boundaries, and all buildings or structures abutting, adjoining or bordering the same.
EASEMENT. A privilege or right of use granted on, above, under or across a particular tract of land by one owner to others.
ENCLOSED. A roofed or covered space fully surrounded by walls.
FAMILY. One or more related persons living together and occupying a single dwelling unit with shared common living, sleeping, cooking and eating facilities; or a group of non-related persons living together by joint agreement and occupying a single dwelling unit with shared common living, sleeping, cooking and eating facilities on a non-profit, cost-sharing basis. A group of non-related persons shall consist of not more than three persons in a dwelling unit containing two bedrooms or less or a group of not more than four persons living in a dwelling unit containing three bedrooms or more. The following person shall be considered related for the purpose of this chapter:
(a) Persons related by blood, marriage or adoption;
(b) Persons residing with a family for the purpose of adoption;
(c) Not more than eight persons under 19 years of age, residing in a foster house licensed or approved by the State of Nebraska;
(d) Not more than eight persons 19 years of age or older residing with a family for the purpose of receiving foster care licensed or approved by the State of Nebraska; and
(e) Person(s) living with a family at the direction of a court.
FEDERAL. Pertaining to the Government of the United States of America.
FLOOR AREA RATIO. The quotient of gross floor area divided by gross site area.
FRONTAGE. The length of a property line of any one lot abutting and parallel to a public street or private access.
GRADE. The elevation of the finished surface of ground, paving or sidewalk adjacent to any building line.
GROSS FLOOR AREA. The total enclosed area of all floors of a building, measured to the inside surfaces of the exterior walls. This definition excludes the areas of basements, elevator shafts, air spaces above atriums and enclosed off-street parking and loading areas serving a principal use.
HEIGHT. The vertical distance from the established grade to the highest point of the coping of a flat roof, the deck line of a mansard roof or to the average height between eaves and ridge forgable, hip, shed or gambrel roofs. Where a building is located on a slope, HEIGHT shall be measured from the average grade level adjacent to the building.
HOME OCCUPATION. An accessory occupational use conducted entirely within a dwelling unit by its inhabitants, which is clearly incidental to the residential use of the dwelling unit or residential structure and does not change the residential character of its site.
HOUSING UNIT OR DWELLING UNIT. A building or portion of a building arranged for and intended for occupancy as an independent living facility for one family, including permanent provisions for cooking.
IMPERVIOUS COVERAGE. The total horizontal area of all buildings, roofed or covered spaces, paved surface areas, walkways and driveways and any other site improvements that decrease the ability of the surface of the site to absorb water, expressed as a percent of site area. The surface water area of pools is excluded from this definition.
LANDSCAPED AREA. The area within the boundaries of a given lot, site or common development consisting primarily of plant material, including, but not limited to, grass, trees, shrubs, vines, groundcover and other organic plant materials; or grass paver masonry units installed such that the appearance of the area is primarily living landscape.
(a) INTERIOR LANDSCAPED AREA. Any landscaped area within a site exclusive of required perimeter landscaping.
(b) PERIMETER LANDSCAPED AREA. Any required landscaped area that adjoins the exterior boundary of a lot, site or common development.
LOADING AREA. An off-street area used for the loading or unloading of goods from a vehicle in connection with the use of the site on which such area is located.
LONG RANGE TRANSPORTATION PLAN. Transportation planning document that discusses how the city will grow over the next two decades and identified transportation strategies to enable a more resilient and economically vibrant future.
LOT. A parcel of real property with a separate and distinct number or other designation shown on a plat, record or survey, parcel map or subdivision map recorded in the office of the Platte County Register of Deeds. When a LOT is used together with one or more contiguous lots in a common development, all of the LOTS used, including any LOTS used for off-street parking, shall be considered a single lot for purposes of these zoning regulations. A LOT shall have a minimum frontage of 20 feet, except as provided in an approved planned unit development and/or creative subdivision.
(a) CORNER LOT. A lot located at the intersection of two streets, private street access or on two segments of a curved street or private street access forming an angle of no more than 135 degrees.
(b) DOUBLE FRONTAGE LOT. A lot, other than a corner lot, having frontage on two streets or private access easements.
(c) INTERIOR LOT. A lot other than a corner lot.
(d) LOT AREA. The total horizontal area within the lot lines of a lot.
(e) LOT DEPTH. The average horizontal distance between the front and rear lot lines.
(f) LOT LINE. The lines bounding a lot as herein defined.
1. FRONT LOT LINE. For an interior lot, the lot line separating the lot from the street or private access. For a residential corner lot, the building official may determine which lot line abutting a street or private access shall be the front lot line, or the front lot line may be designated as the front lot line on a subdivision plat or parcel map. For a non-residential corner lot, the lot line abutting a street or private access to which the principal building is oriented, or the line designated as the front lot line on a subdivision plat or parcel map.
2. REAR LOT LINE. The lot line which is opposite and most distant from the front lot line.
3. SIDE LOT LINE. Any lot line that is neither a front or rear lot line. A SIDE LOT LINE separating a lot from a street or private access easement is a street side lot line. A SIDE LOT LINE separating a lot from another lot or lots is an interior side lot line.
(g) LOT WIDTH. The horizontal distance between the side lot lines, measured at the two points of intersection between the front yard setback line and the side lot lines.
MANUFACTURED HOME DWELLING. A factory built structure which is to be used as a place for human habitation, which is not constructed or equipped with a permanent hitch or other device allowing it to be moved other than to a permanent site; does not have permanently attached to its body or frame any wheels or axles; bears a label certifying that it was built in compliance with the National Manufactured Home Construction and Safety Standards promulgated by the United States Department of Housing and Urban Development; and which complies with the following architectural and aesthetic standards:
(a) The home shall have at least 900 square feet of floor area;
(b) The home shall have an exterior width of at least 18 feet;
(c) The roof shall be pitched with a maximum vertical rise of 2.5 inches for each 12 inches of horizontal run;
(d) The exterior material is of a color, material and scale comparable with those existing in the residential site on which the manufactured home dwelling is being permanently installed;
(e) The home shall have a non-reflective roof material which is or simulates asphalt or wood shingles, tile or rock;
(f) Permanent utility connections shall be installed in accordance with local regulations;
(g) The home shall have all wheels, axles, transporting lights and towing apparatus removed; and
(h) The home shall be installed upon a permanent foundation that is constructed and built-in accordance with local regulations.
MIXED USE BUILDING. A building or structure that incorporates two or more use types within it.
MIXED USE DEVELOPMENT. A single development which incorporates two or more use types within its site boundaries.
MOBILE HOMES. A building type designed to be transportable in one or more sections, constructed on a permanent chassis or undercarriage, and designed to be used as a dwelling unit or other use with or without a permanent foundation when connected to the required utilities, but not bearing a seal attesting to the approval and issuance of the Nebraska Department of Health or conformance to the manufactured home procedural and enforcement regulations, as adopted by the United States Department of Housing and Urban Development; or not otherwise satisfying the definition of “manufactured home dwellings.” Tiny homes constructed on a permanent chassis or undercarriage shall be considered a MOBILE HOME.
NON-CONFORMING DEVELOPMENT. A building, structure or improvement which does not comply with the regulations for its zoning district set forth by this chapter but which complied with applicable regulations at the time of construction.
NON-CONFORMING USE. A lawful use of land, other than a sign, which does not comply with the use regulations for its zoning district set forth by this chapter but which complied with applicable regulations at the time the use was established.
NON-TRADITIONAL RESIDENTIAL PARK. A unified development in which the development is under single ownership, developed, subdivided, planned and improved for the placement of mobile and/or tiny home units for non-transient use. Mobile or tiny home parks include common areas and facilities for management, recreation, laundry, utility services, storage, storm shelter and other services; but do not include mobile home sales lots on which unoccupied mobile homes are parked for the purposes of display, inspection, sale or storage.
NON-TRADITIONAL RESIDENTIAL SUBDIVISION. A unified development in which the development is under common or split ownership, subdivided, planned and improved for the placement of housing units on lots.
(a) Mobile NON-TRADITIONAL RESIDENTIAL SUBDIVISIONS shall include common areas and facilities for parking, recreation, utility services and enclosed shelter, and may include facilities for management, laundry, storage and other services.
(b) NON-TRADITIONAL RESIDENTIAL SUBDIVISIONS may not include mobile home sales lots on which unoccupied mobile homes are parked for the purposes of display, inspection, sale or storage.
NUISANCE. An unreasonable and continuous invasion of the use and enjoyment of a property right which a reasonable person would find annoying, unpleasant, obnoxious or offensive.
OFF-STREET PARKING. Parking which must be provided on a site, but not within public right-of-way or property.
OPEN SPACE. Area included on any site, subdivision or lot that is open and unobstructed to the sky, except for allowed projections of cornices, overhangs, porches, balconies or plant materials.
OUTDOOR STORAGE. The storage of materials, parts or products that are related to the primary use of a site for a period exceeding three days.
OVERLAY DISTRICT. A district established by this chapter to prescribe special regulations to be applied to a site or subdivision only in combination with a base district.
OWNER. An individual, firm, association, syndicate, partnership or corporation having sufficient proprietary interest to seek development of land.
PARKING FACILITY. An area on a lot and/or within a building, including one or more parking spaces, along with provision for access circulation, maneuvering and landscaping meeting the requirements of this chapter. Parking facilities include parking lots, private garages and parking structures.
PARKING SPACES. An area on a lot and/or within a building, intended for the use of temporary parking of a personal vehicle. This term is used interchangeably with “parking stall.” Each parking space must have a means of access to a public street. Tandem parking stalls in single-family detached, single-family attached and townhome residential uses shall be considered to have a means of access to a public street.
PERMITTED USE. A land use type allowed as a matter of right in a zoning district, subject only to special requirements of this chapter.
PERSONAL VEHICLES. Includes passenger cars, vans, motorcycles, trucks, pick-up trucks, camper trailers, recreational vehicles, trailers under 40 feet in length and boats, which can be classified as personally owned.
PLANNED UNIT DEVELOPMENT. A development of land which is planned and developed as a whole in a single development operation or programmed series of development stages. The development may include streets, circulation ways, utilities, buildings, open spaces and other site features and improvements.
PORCH, UNENCLOSED. A roofed or unroofed open structure projecting from an exterior wall of a building and having no enclosed features more than 30 inches above its floor other than wire screening and a roof with supporting structure.
PREMISES. A tract of land consisting of one or more lots or sites which are contiguous and under common ownership or control.
PRIVATE DRIVE or ROAD. Access which is privately owned by one or more person, which has not been dedicated to the public, but rather established by the property owner(s) for access to and from the drive or road connecting to the public street.
PRIVATE GARAGE. A building for the storage of motor vehicles where no repair or service facilities are maintained and where no motor vehicles are kept for rental or sale.
PRIVATE STREET ACCESS. An approved private street access with easement which provides access to residential properties and meets the following conditions:
(a) Serves twelve or fewer housing units or platted lots;
(b) Does not function as a public street because of its alignment, design or location;
(c) Is completely internal to a development;
(d) Provides approved emergency access to all properties; and
(e) Follow naming requirements (lane/court).
PROPERTY LINE. The line separating parcels.
RECREATIONAL VEHICLE.
(a) A vehicle towed or self-propelled on its own chassis or attached to the chassis of another vehicle and designed or used for temporary dwelling, recreational or sporting purposes.
(b) RECREATIONAL VEHICLES include, but are not limited to, travel trailers, campers, motor coach homes, converted buses and trucks, boats and boat trailers and van conversions.
RESIDENTIAL CONVENIENCE SERVICES. Uses that are accessory to the primary residential use in the Multi-Family District or Non-Traditional Residential District, such as laundry services, solid waste, open recreational space, shared parking and the like.
REGULATION. A specific requirement set forth by this chapter which must be followed.
SCREENING. The method by which a view of one site from another adjacent site is shielded, concealed or hidden. SCREENING techniques include fences, walls, hedges, berms or other features.
SETBACK. A line within a lot parallel to and measured from a corresponding lot line, forming the boundary of a required yard and setting forth the nearest that a building face may come to that lot line.
SIGN. A symbolic, visual device fixed upon a building, vehicle, structure or parcel of land, which is intended to convey information about a product, business, activity, place, person, institution, candidate or political idea.
SITE. The parcel of land to be developed or built upon. A SITE may encompass a single lot, portion of a lot or a group of lots developed as a common development. A SITE must be in one base district, and cannot be separated by a public street or alley. One structure or building may not be divided into more than one site for the purpose of zoning.
SITE PLAN. A plan, prepared to scale, showing accurately and with complete dimensioning, the boundaries and topography of a site and the location of all buildings, structures, uses and principal site development features proposed for a specific parcel of land.
SPECIAL PERMIT USE.
(a) Use with operating and/or physical characteristics different from those of permitted uses in a given zoning district which may, nonetheless, be compatible with those uses under special conditions and with adequate public review.
(b) SPECIAL PERMIT USES are allowed in a zoning district only at the discretion of and with the explicit permission of the City Council, upon the recommendation of the Planning Commission.
STATE. The State of Nebraska.
STREET. A right-of-way, dedicated to public use, which affords a primary means of access to the abutting property.
(a) STREET, LOCAL. A street which is used primarily for access to the abutting properties.
(b) STREET, MAJOR. A street carrying traffic between neighborhoods, connecting neighborhoods with major activity centers or accommodating major through traffic. MAJOR STREETS are designated as collectors, arterials or highways by the Comprehensive Development Plan and Long-Range Transportation Plan.
STREET LEVEL. First floor, which the floor elevation is at or above sidewalk elevation or adjacent ground.
STRUCTURE. That which is built or constructed above or below grade.
TINY HOME. A dwelling unit that is 400 square feet or less in floor area excluding lofts.
TOWNHOUSE. A dwelling unit having a common wall with or abutting one or more adjacent dwelling units in a townhouse structure, with its own front and rear access to the outside, and neither above nor below any other dwelling unit. In addition, no more than 12 contiguous TOWNHOUSES with common or abutting walls.
USE. The conduct of an activity, or the performance of a function or operation, on a site or in a building or facility.
UTILITIES. Installations, either above or below ground, necessary for the production, generation, transmission, delivery, collection, treatments or storage of water, solid or fluid wastes, stormwater, energy media, gas, electronic or electromagnetic signals, or other services which are precedent to development and use of land.
VALUE. The estimated cost to construct or replace a structure in kind, based on current costs.
VEHICLE. Includes personal vehicles and recreational vehicles.
YARD. A required open space on a lot adjoining a lot line, containing only landscaping or other uses as provided by this chapter.
(a) FRONT YARD. A required yard extending the full width of a lot, between the front lot line and the front setback line.
(b) REAR YARD. A required yard extending the full width of a lot, between the rear lot line and the rear setback line.
(c) INTERIOR SIDE YARD. A required yard extending the depth of a lot from the front to rear lot lines, between the interior side lot line and the side setback line.
(d) STREET SIDE YARD. On a corner lot, a required yard extending the depth of a lot from the front to rear lot lines, between the street side lot line and the street side setback line.
ZONING DISTRICT. A designated specified land classification, within which all sites are subject to a unified group of use and site development regulations set forth in this chapter.
(Ord. 23-09, passed 8-21-2023)