(A) Short title. This chapter shall be known as the “Zoning Ordinance of the City of Holdrege, Nebraska”.
(B) Purposes. The several purposes of this chapter are: to encourage the most appropriate use of land; to conserve and stabilize the value of property; to aid in the rendering of fire and police protection; to provide adequate open space for light and air; to lessen the congestion on streets; to give an orderly growth to the city; to prevent undue concentrations of population; to facilitate adequate provisions for community utilities and facilities such as water, sewerage, electrical distribution systems, transportation, schools, parks and other public requirements; and, in general, to promote public health, safety and general welfare.
(C) Definitions. As used in this chapter, the masculine includes the feminine and neuter, and the singular includes the plural. For the purpose of this chapter, the following definitions apply unless the context clearly indicates or requires a different meaning.
ACCESSORY STRUCTURE OR USE. A structure or use incidental and subordinate to the main use of the property, including a home occupation, and which is located on the same lot with the main use.
ADULT DAY CARE.
(a) A service which allows for structured social and habilitation activities. It may:
1. Alleviate deteriorating effects of isolation; and/or
2. Aid in transitions from one living arrangement to another.
(b) The services are provided outside of the client’s place of residence for a period of four or more hours daily, but less than 24 hours (Social Services Block Grant - Title XX).
ADULT DAY HEALTH CARE.
(a) A service which allows for structured social, habilitation and health activities. It may:
1. Alleviate deteriorating affects of isolation;
2. Aid in transition from one living arrangement to another; and/or
3. Provide a supervised environment while the regular caregiver is working or otherwise unavailable.
(b) It is provided outside of the client’s place of residence for a period of four or more hours daily, but less than 24 hours (state’s Health and Human Services Regulations and Licensure Manual, H & CB Services 480 NAC 5-005).
AGRICULTURE. The use of land for the purpose of raising and harvesting crops; or for the raising, breeding or management of livestock, poultry or honeybees; or for dairying, truck gardening, forestry, nurseries or orchards; or for the non-commercial on-farm storage or processing of agricultural products; or for other similar agricultural, horticultural or silvacultural use.
ALLEY. A narrow street through a block primarily for vehicular service access to the back or side of properties otherwise abutting on another street.
ANIMAL UNIT. One animal unit shall equal one head of slaughter or feeder cattle or exotic animals such as a llama, ostrich, emu or the like, seven-tenths head of mature dairy cattle (whether milked or dry cows), five hogs each weighing over 55 pounds, one head of horses, ten sheep or lambs, 55 turkeys, 125 laying hens or broilers if the facility has continuous overflow watering, 30 laying hens or broilers if the facility has a liquid manure system and/or five ducks.
APARTMENT HOUSE. See DWELLING, MULTIPLE-FAMILY.
BASEMENT. The portion of a building between floor and ceiling which is partly below and partly above grade, but so located that the vertical distance from the grade to the floor below is greater than the vertical distance from the grade to the ceiling.
BILLBOARD. See SIGN.
BUILDING. A structure built for the support, shelter or enclosure of persons, animals, chattels or property of any kind.
BUILDING LINE. The line, parallel to the street line, that passes through the principal building nearest the front lot line. (Refer to Picture #1.)
Picture #1
CHILD CARE CENTER. A facility, other than a public or parochial school which provides care to 13 or more children from more than one family, and is required to be licensed as a child care center by the state’s Department of Health and Human Services System, as provided and defined under 474 NAC Ch. 6, § 002.
CHILD CARE HOME. A private home providing care (for children) for compensation which is or should be licensed by the state’s Department of Health and Human Services System, in which one person can supervise up to eight children and two persons can supervise up to 12 children in a residential dwelling, under the authority of Neb. RS 71-1908, as provided and defined under 474 NAC Ch. 6, § 002.
CITY or COMMUNITY. The City of Holdrege, Nebraska.
CITY GENERAL DEVELOPMENT PLAN. An official map, master or development plan, street plan, land use plan, building setback plan, design plan or other map, plan or policy pertaining to the physical development of the city which has been officially adopted by the Council and/or Planning Commission in accordance with state law.
DWELLING, MULTIPLE-FAMILY. A building containing two or more dwelling units.
DWELLING, ONE-FAMILY. A detached building containing one dwelling unit.
DWELLING UNIT. One or more rooms designed for occupancy by one family and not having more than one cooking facility.
EMPLOYEES. All persons, including proprietors, working on the premises during the largest shift at peak season.
FAMILY. An individual, or two or more persons related by blood, marriage, legal adoption or guardianship living together in a dwelling unit in which board and lodging may also be provided for not more than four additional persons, excluding servants; or a group of not more than five persons who need not be related by blood, marriage, legal adoption or guardianship living together in a dwelling unit.
FEEDLOT, COMMERCIAL. See INTENSIVE LIVESTOCK FACILITIES/OPERATIONS.
FENCE, SIGHT-OBSCURING. A fence or any planting arranged in such a way as to obstruct vision.
FLOOR AREA. The area included in surrounding walls of a building, or portion thereof, exclusive of vents, shafts and courts.
GARAGE, PRIVATE. An accessory building or portion of a main building used for the parking or temporary storage of vehicles or used by occupants of the main building.
GARAGE, PUBLIC. A building other than a private garage used for the care and repair of motor vehicles or where such vehicles are parked or stored for compensation, hire or sale.
GRADE (GROUND LEVEL). The average of the finished ground level at the center of all walls of the building. In case walls are parallel to and within five feet of a sidewalk, the above-ground level should be measured at the sidewalk.
HEIGHT OF BUILDING. The vertical distance from the mean elevation of the grade at the front face of the building to the highest point of the copying of a flat roof or to the deck line of a mansard roof, or to the average height of the highest gable of a pitched, hipped or shed roof.
HOME OCCUPATION. An occupation carried on within a dwelling or accessory building by members of the family occupying the dwelling with no servant, employee or other person being engaged; provided, the residence character of the building is maintained and the occupation is conducted in such a manner as not to give an outward appearance, nor manifest any characteristic of a business in the ordinary meaning of the term, nor infringe upon the right of neighboring residents to enjoy the peaceful occupancy of their homes.
HOSPITAL. An establishment which provides sleeping and eating facilities to persons receiving medical, obstetrical or surgical care and nursing service on a continuous basis.
HOTEL. A building in which lodging is provided for guests for compensation and in which no provision is made for cooking in the guest rooms.
INTENSIVE LIVESTOCK FACILITIES/OPERATIONS. A lot or portion of a lot used for the enclosing and feeding of livestock for market.
KENNEL. A lot or building in which four or more dogs or cats at least four months of age are kept commercially for board, propagation or sale.
LOT. A parcel or tract of land which is occupied by a structure together with the yards and other open spaces required by this chapter.
LOT AREA. The total horizontal area within the lot lines of a lot.
LOT, CORNER. A lot abutting on two intersecting streets other than an alley; provided that, the streets do not intersect at an angle greater than 135 degrees.
LOT, DEPTH. The horizontal distance from the midpoint of the front lot line to the midpoint of the rear lot line.
LOT, INTERIOR. A lot other than a corner lot.
LOT LINE. The property line bounding a lot.
LOT LINE, FRONT. In the case of an interior lot, the lot line separating the lot from the street other than an alley, and in the case of a corner lot, the shortest lot line along a street other than an alley.
LOT LINE, REAR. A lot line which is opposite and most distant from the front lot line and, in the case of an irregular, triangular or other shaped lot, a line ten feet in length within the lot parallel to and at a maximum distance from the front lot line.
LOT LINE, SIDE. Any lot line not a front or rear lot line.
LOT WIDTH. The horizontal distance between the side lot lines, ordinarily measured parallel to the front lot line.
MANUFACTURED HOME. 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, which does not have permanently attached to its body or frame any wheels or axles, and which bears a label certifying that it was built to compliance with National Manufactured Home Construction and Safety Standards, 24 C.F.R. parts 3280 et seq., promulgated by the United States Department of Housing and Urban Development, or modular housing unit as defined in Neb. RS 71-1557 bearing the seal of the Department of Health.
MOBILE HOME. A year-round, transportable structure which is a single-family dwelling unit suitable for permanent, more than 30 days of living quarters, more than eight feet wide and 40 feet in length and built to be towed on its own chassis with or without a permanent foundation when connected to the required utilities. This portable dwelling may consist of one or more units that can be telescoped when towed and expanded later for additional capacity, or two or more units, separately towable, but designed to be joined as one integral unit. Nothing in this definition shall be construed so as to include prefabricated, modular, precut dwelling units or these manufactured in sections or parts away from the site and transported thereto for assembly.
MOBILE HOME PARK. Any area of land which one or more mobile homes are parked, connected to utilities and used by one or more persons for living or sleeping purposes. A mobile home parked in this area can either be placed on a permanent foundation or supported only by its wheels, jacks, blocks or skirtings or a combination of these devices. A MOBILE HOME PARK includes any premises set apart for supplying to the public parking space, either free of charge or for revenue purposes for one or more mobile homes, connected to utilities and used by one or more persons for living, or sleeping purposes and shall include any building, structure, tent, vehicle or enclosure used or intended for use as a part of the equipment of such MOBILE HOME PARK.
MODULAR HOME. Any dwelling whose construction consists entirely of or the major portions of its construction consist of a unit or units not fabricated on the final site for the dwelling units, which units are movable or portable until placed on a permanent foundation and connected to utilities. All MODULAR HOMES shall bear a label certifying that it was built to compliance with the state’s Department of Health and Human Services System as established in Neb. RS 71-1557.
MOTEL. A building or group of buildings on the same lot containing guest units with separate entrances from the building exterior and consisting of individual sleeping quarters, detached or in connecting rows, with or without cooking facilities, for rental to transients.
NON-CONFORMING STRUCTURE OR USE. A lawful existing structure or use at the time this chapter or any amendments thereto becomes effective which does not conform to the requirements of the zone in which it is located.
PARKING SPACE. A rectangular area containing not less than 200 square feet with maneuvering and access space required for a standard American automobile to park within the rectangle.
PERSON. Every natural person, firm, partnership, association or corporation.
SCREENING. See FENCE, SIGHT-OBSCURING.
SERVICE DRIVE. A driveway entering a street from a drive-in business establishment or an off-street parking area, excluding residential driveways, serving fewer than ten dwelling units.
SETBACKS. See YARD.
SIGN. A presentation or representation, other than a house number, by words, letters, figures, designs, pictures or colors publicly displayed so as to give notice relative to a person, a business, an article or merchandise, a service, an assemblage, a solicitation or a request for aid or other type of advertising. This includes the board, metal or surface upon which the sign is painted, included or attached. Each display surface of a sign shall be considered to be a SIGN.
STABLE. A lot or building in which one or more horses are kept for personal use, commercially for board, propagation purposes or for sale. Where permitted, there shall be three acres of land provided for each animal.
STORY. The portion of a building included between the upper surface of any floor and the upper surface of the floor next above; except that, the top story shall be that portion of a building included between the upper surface of the top floor and the ceiling above. If the finished floor level directly above a basement or cellar is more than six feet above grade, such basement or cellar shall be considered a STORY.
STREET. The entire width between the boundary lines of every way which provides for public use for the purpose of vehicular and pedestrian traffic and the placement of utilities and including the terms “road”, “highway”, “land”, “place”, “avenue”, “alley” or other similar designations.
STRUCTURAL ALTERATION. Any change to the supporting members of a structure including foundations, bearing walls or partitions, columns, beams or girders, or any structural change in the roof.
STRUCTURE. That which is built or constructed. An edifice or building of any kind or any piece of work artificially built up or composed of parts joined together in some definite manner and which requires location on the ground or which is attached to something having a location on the ground.
SUPERVISED GROUP HOME HOUSING. A facility licensed or approved by the state in which more than four but less than eight persons who are unrelated by blood; marriage or adoption reside while receiving therapy or counseling, but not nursing care, for any of the purposes listed below:
(a) Adaptation to living with, or rehabilitation from, the handicaps of physical disability;
(b) Adaptation to living with, or rehabilitation from, the handicaps of emotional or mental disorder, cerebral palsy, autism or mental retardation; or
(c) Rehabilitation from the effects of drug or alcohol abuse.
USE. The purpose for which land or a structure is designed, arranged or intended, or for which it is occupied or maintained.
VISION CLEARANCE AREA. A triangular area on a lot at the intersection of two streets or a street and a railroad, two sides of which are lot lines measured from the corner intersection of the lot lines to a distance specified in the regulations. The third side of the triangle is a line across the corner of the lot joining the ends of the other two sides. Where the lot lines at intersections have rounded corners, the lot lines will be extended in a straight line to a point of intersection. The VISION CLEARANCE AREA contains no plantings, walls, structures or temporary or permanent obstructions exceeding two and one-half feet in height measured from the top of the curb or existing grade.
YARD. An open space on a lot which is unobstructed from the ground upward, except as otherwise provided in this chapter.
YARD, FRONT. A yard between side lot lines and measured horizontally at right angles to the front lot line from the front lot line to the nearest point of the main building or, if no building is on the lot, the building setback line. (Refer to Picture #2.)
Picture #2
YARD, REAR. A yard extending between side lot lines and measured horizontally at right angles to the rear lot line from the rear lot line to the nearest point of the main building.
YARD, SIDE. A yard between a building and the side lot line measured horizontally at right angles to the side lot line from the side lot line to the nearest point of the main building or, if no building is on the lot, the building setback line.
(2005 Code, § 11-101)