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Sidney, NE Code of Ordinances
CITY OF SIDNEY, NEBRASKA CODIFIED ORDINANCES
COMPARATIVE SECTION TABLE
PART TWO ADMINISTRATION CODE
PART FOUR TRAFFIC CODE
PART SIX GENERAL OFFENSES CODE
PART EIGHT BUSINESS REGULATION AND TAXATION CODE
PART TEN STREETS, UTILITIES AND PUBLIC SERVICES CODE
PART TWELVE PLANNING AND ZONING CODE
TITLE TWO - Planning
TITLE FOUR - Subdivision Regulations Chap.
TITLE SIX - Zoning
CHAPTER 1240 General Provisions and Definitions
CHAPTER 1242 Administration, Enforcement and Penalty
CHAPTER 1244 Board of Adjustment
CHAPTER 1246 Special Permits
CHAPTER 1248 Amendments
CHAPTER 1250 Districts Generally and Zoning Map
CHAPTER 1252 Mobile Homes
CHAPTER 1254 Travel Trailers
CHAPTER 1256 Planned Business Centers
CHAPTER 1258 Floodway Districts
CHAPTER 1260 Planned Unit Developments
CHAPTER 1262 Use Regulations
CHAPTER 1264 Area and Height Restrictions
CHAPTER 1266 Accessory Buildings
CHAPTER 1268 Fences, Walls and Hedges
CHAPTER 1270 Off-Street Parking and Loading
CHAPTER 1272 Signs
CHAPTER 1274 Home Occupations
CHAPTER 1276 Right-of-Way Lines
CHAPTER 1278 Nonconforming Uses
CHAPTER 1280 Supplementary Regulations
CHAPTER 1282 Preservation of Landmarks and Historical Districts
CHAPTER 1284 Chronic Nuisances
APPENDIX - A ZONING MAP CHANGES
PART FOURTEEN BUILDING AND HOUSING CODE
PART SIXTEEN FIRE PREVENTION CODE
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1260.11 CONDITIONS, DURATION, RENEWAL AND TRANSFER OF PERMITS.
   (a)   Conditions. A special permit for a planned unit development may authorize the development to be carried out in accordance with the plan submitted or with such modifications or conditions, to be specified in the permit, as -the Planning Commission deems necessary to effectuate the purposes of this chapter. Conditions may include, but shall not be limited to, such matters as the recording of a final plat, easements or other additional covenants or restrictions, or time limits or a sequence of development to be observed.
   (b)   Duration. If a special permit for a planned unit development is issued, a building permit must be obtained and construction of the development must begin within one year after the date of issuance of the special permit:
   (c)   Renewal. A special permit for a planned unit development shall not be renewed. However, a new application for such a permit may be submitted to and acted upon by the Planning Commission.
   (d)   Transfer. If the ownership of a planned unit development site, or- a part thereof, is transferred, the special permit shall be deemed revoked, unless the Planning Commission approves transfer of the permit to the successor in interest in the development site. A mortgaging of the development site, or a part thereof, shall not constitute a transfer of ownership within the meaning of this section.
(Ord. 1049. Passed 2-26-85, )
1260.12 CONSTRUCTION.
   (a)   Commencement and Completion. The proposed construction shall begin within twelve months after approval of the application by the Planning Commission. A minimum of fifty percent, in terms of cost, of the fatal construction (including improvements other than buildings) shown on the approved plan shall be completed within a period of two years following approval; otherwise, approval of the plan will expire. The period of time for completion of the development may be extended from time to time by the Commission, upon a showing of good cause by the applicant for the permit.
   (b)   Grading. The permittee or his or her agent shall notify the City Inspector when the grading is ready for final inspection. Final approval of the grading shall not be given until all grading work, all drainage facilities and their protective devices and all erosion control measures have been completed in accordance with the final approved grading plan and until all required reports and core samples, if any are required, have been submitted. After final inspection and a determination that the work completed is in accordance with the final approved grading plan, the Inspector shall issue a written certification to that effect.
   (c)   Landscaping. The permittee or his or her agent shall notify the City Manager when the landscaping is ready for final inspection. Final approval of the landscaping shall not be given until all landscaping work, including installation of all plant material and irrigation systems, if any, has been completed in accordance with the final approved landscape plan. After final inspection and a determination that the work completed is in accordance with the final approved landscape plan, the Manager shall issue a written certification to that effect.
(Ord. 1049. Passed 2-26-85.)
1260.13 OCCUPANCY PERMITS.
   No unit in a planned unit development shall be occupied until:
   (a)   The City Manager or his or her authorized agent inspects the project and finds that all conditions of the special permit are completed; and
   (b)   An occupancy permit is issued by the City Manager or his or her authorized agent.
(Ord. 1049. Passed 2-26-85.)
1260.14 DEVELOPMENT STANDARDS.
   All residential planned unit developments shall be designed to meet all of the general development standards concerning open space, circulation, off-street parking, height, coverage, bulk and other conditions prescribed in this chapter in such manner as to form a harmonious integrated project of sufficient unity to justify exception to the general requirements of this Zoning Code. In addition, a planned unit development shall meet the development standards prescribed in other parts of this chapter which by their terms are applicable to such developments of the type in question.
(Ord. 1049. Passed 2-26-85.)
1260.15 COMPATIBILITY WITH SURROUNDING LAND USES.
   The location and arrangement of structures, harking areas, drives, walks and fences, lighting, signing and appurtenant facilities in a planned unit development shall be compatible with the surrounding land uses. The development shall not impose an undue burden on public services and facilities, such as fire and public services, or on the local school system.
(Ord. 1049, Passed 2-26-85.)
1260.16 ACCESSIBILITY OF DEVELOPMENT SITE.
   The total development site shall be accessible from public roads or streets, or both, that are adequate to carry the traffic that will be imposed upon them by the proposed development.
(Ord. 1049. Passed 2-26-85.)
1260.17 OWNERSHIP OF DEVELOPMENT.
   The entire block, lot or tract of land to be occupied by a planned unit development shall be held in a single ownership or control.
(Ord. 2049. Passed 2-26-85.)
1260.18 DENSITY STANDARDS.
   Density standards prescribed in this Zoning Code for the zone in which a planned unit development is located shall apply, unless the Planning Commission finds that authorization of a greater density in such development as provided in this chapter will provide greater open apace and other desirable features which are not regularly required for the zone. However, the Commission may not authorize a density within-such development exceeding 150 percent of the density authorized by this honing Code for the zone in which such development is located.
(Ord. 1049. Passed 2-26-85.)
1260.19 INDIVIDUAL USE AREAS.
   The minimum area of each individual use axes in a planned unit development shall be:
Individual Use Area            Minimum Area
Residential               1/2 acre
Residential./office/professional      7, 200 sq. ft.
Residential/commercial         None
Commercial               None
Industrial               2 acres
(Ord. 1049. Passed 2-26-85.)
1260.20 LOT COVERAGE.
   Buildings and structures shall not cover more of a lot or of the total development site than would be permitted in meeting:
   (a)   All requirements with respect to the zone in which such development is to be located; and
   (b)   All the requirements of this chapter.
(Ord. 1049. Passed 2-26-85.)
1260.21 SETBACKS.
   All buildings and structures in a planned unit development shall be set back from a street, road or drive, whether or not dedicated to public use, not less than the distance required with respect to setbacks from dedicated public streets in the zone in which the development site will be situated, except as herein provided. If the street, road or drive is formally dedicated to public use, the setback shall be from the dedicated right of way of the street, road or drive. If the street, road or drive is not formally dedicated to public use, the.setback shall be from a line established by a recordable instrument executed and acknowledged by the owner of the development site, expressly approved by the Planning Commission as establishing a setback that is compatible with the general setback requirements in the zone and as being sufficient as to form, and recorded by the Clerk-Treasurer at the expense of the owner before any affected building site in the development is sold -or contracted to be sold, or before construction of any building or structure on any such site is commenced. However, the Commission may.require an additional setback from a heavily traveled street, road or drive if it determines such a setback to be reasonably necessary or proper for the public health, safety and welfare.
(Ord. 1049. Passed 2-26-85.)
1260.22 HEIGHT OF STRUCTURES.
   The height of buildings and structures in a proposed planned unit development shall not exceed the height limitations in the zone in which the development is to be located.
(Ord. 1049. Passed 2-26-85.)
1260.23 PRIVATE STORAGE AREAS.
   Where a proposed building is to be constructed without an attached or detached garage for each dwelling unit, a minimum of 100 cubic feet of private storage space shall be provided within each dwelling unit. Such storage area shall be accessible from the exterior of the individual dwelling unit and the design, location and size of the storage space shall be integrated into the building and the development generally.
(Ord. 1049. Passed 2-26-85.)
1260.24 VEHICULAR STORAGE.
   Outside areas for storage of boats, trailers, recreational vehicles and similar vehicles are prohibited, unless provision for such areas for the exclusive storage of such vehicles is contained in restrictive covenants approved by the Planning Commission. Where such areas are provided, they shall be screened and enclosed from view on a horizontal plane from adjacent areas by a six-foot high architectural barrier compatible with the architectural design of the development and permanently maintained. A vehicle wash area may be provided within close proximity of the vehicle storage area. Specifications for such a wash area shall be submitted to and approved by the City Manager.
(Ord. 1049. Passed 2-26-85.)
1260.25 OTHER ACCESSORY USES.
   Other accessory uses solely for the convenience of the occupants of the development, which the Planning Commission determines to be compatible with a planned wit development approved by it, may be authorized by the Commission by special permit.
(Ord. 1049. Passed 2-26-85.)
1260.26 WALLS AND FENCES.
   The general development standards in Chapter 1268 for fences, walls and hedges shall apply to fences, walls and hedges in a planned unit development. However, the Planning Commission may require additional walls and fences if it determines that such walls or fences are necessary to protect adjacent properties or occupants of the development.
(Ord. 1049. Passed 2-26-85.)
1260.27 STREETS AND DRIVES.
   (a)   Adequacy. The streets and drives on a proposed planned unit development site shall be adequate to serve the occupants of the development.
   (b)   Primary Drives. All drives designed to provide primary access through a development shall be improved with pavement having a minimum width of twenty-eight feet. All improvements of such drives shall be constructed in accordance with general City standards, including the installation of standard curbs and gutters, for public streets of the City.
   (c)   Secondary Drives. All secondary drives and vehicular ways shall be improved with pavement having a minimum width of twenty-six feet. All improvements of such drives and ways shall be constructed in accordance with general City standards, including the installation of standard curbs and gutters, for public streets of the City.
   (d)   Drives Serving Garages. Where a private drive serves only garages, and the drive is posted to prohibit all other uses or parking, the-drive shall be improved with pavement having a minimum width of twenty-six feet and shall otherwise conform to general City standards, including the installation of standard curbs and gutters, for public streets of the City.
(Ord. 1049. Passed 2-26-85.)
1260.28 VEHICULAR ACCESS.
   (a)   To Development Sites. Vehicles shall have access to a planned unit development site only from a public street. However, no vehicle shall have direct access to a development site from a major public street, unless the Planning Commission determines: (1) That an existing development site has no alternative means of ingress and egress; and (2) That the owner of the site has shown that access from a major street will not hazardously affect the function of the street or be detrimental to the safety of motorists.
   (b)   To On-Site Parking Areas. Vehicles shall have access to on-site parking areas by means of:
      (1)   A loop system, each one-way roadway of which has a minimum width of twenty feet; or
      (2)   All drive and vehicular accessways that provide access for fire and emergency vehicles or either.
   A minimum vertical clearance of fourteen feet and-a minimum horizontal clearance of twenty feet shall be provided.
   (c)   To Dwelling Units. Vehicles shall not have direct ingress to or egress from individual units from or to a public street.
(Ord. 1049. Passed 2-26-85.)
1260.29 PEDESTRIAN CIRCULATION SYSTEMS.
   A pedestrian circulation system shall be incorporated into the development for the purpose of providing direct access to and from all individual dwelling units, trash storage areas, parking areas, recreational areas and other outdoor living spaces. The circulation system shall be developed with a combination of the following improvements
   (a)   A public sidewalk system adjacent to all public streets or drives which shall be constructed in accordance with general standards of the City for public sidewalks; and
   (b)   An interior walkway system, which shall include -pedestrian walks or paths consisting of varying widths designed to provide curvilinear forms wherever possible. The interior walkway system shall utilize substantial materials such as concrete, brick, flagstone or other materials approved by the City Manager.
   However, the Planning Commission may approve an alternative sidewalk and pedestrian access plan which it determines will accomplish substantially the same results.
(Ord. 1049. Passed 2-26-85.)
1260.30 MODIFICATION OF PLANS.
   The Planning Commission, upon review of a proposed planned unit development plan, may, even if the plan complies with the requirements of Sections 1260.18 through 1260.28(b), require modifications in the size, number and location of access points and vehicular, pedestrian or multi-model on-site circulation systems, which modifications it determines to be necessary or proper in order to protect and enhance adjacent properties and protect the public safety and welfare.
(Ord. 1049. Passed 2-26-85.)
1260.31 COMMON OPEN SPACES.
   A planned unit development plan shall include such provisions for the ownership and maintenance of all common open spaces as are reasonably necessary, as determined by the Planning Commission, to ensure the continuity, care, conservation and maintenance of such spaces, and to ensure that remedial measures will be available to the owners of individual units or their association if such space is permitted to deteriorate or is not maintained in a condition consistent with the best interests of the occupants of such development and of the entire community, or either.
(Ord. 1049. Passed 2-26-85.)
1260.32 DEDICATED RECREATIONAL AREAS.
   Any recreational area in a planned unit development which is proposed to be dedicated to the City for public use shall comprise not less than one acre and shall have direct access from a public street.
(Ord. 1049. Passed 2-26-85.)
1260.33 LIGHTING SYSTEMS.
   The developer of a planned unit development shall install a lighting system on all streets, roads and drives and along all major walkways in the development which shall equal in illumination lighting on public streets of the City, subject to approval of the City Manager. Such lighting shall be directed onto the drives and walkways and away from adjacent properties. Walkway lighting shall be a low-level fixture, shall be spaced to provide adequate walkway illumination, shall be vandalproof and shall not intrude unnecessarily into residential units. All drives, walkways, parking areas, outdoor activity areas, outdoor entries to individual dwelling units, private patios, mail collection areas and trash collection areas shall be illuminated during hours of darkness. Lighting for individual dwelling unit entries and private patios shall be independently controlled by the occupants of such dwelling unit.
(Ord, 1049. Passed 2-26-85.)
1260.34 LANDSCAPING.
   All setback areas in a planned unit development fronting on or visible from a public street and all recreation, leisure and open areas shall be landscaped and permanently maintained in an attractive and appropriate manner. Such landscaping shall consist primarily of ground cover, trees, shrubs and other living plants. Landscape maintenance shall be subject to immediate and periodic inspection by the City.
(Ord. 1049. Passed 2-26-85.)
1260.35 SIGNS.
   (a)   There shall be provided by the developer of a residential planned unit development signs that will enable motorists, pedestrians and emergency services, including fire and police services, to locate residential units from access points on the perimeter of the development. Such signs shall illustrate the site plan, names of streets and drives and ranges of corresponding street and drive addresses. Such signs shall include the following:
      (1)   One indirectly illuminated monument sign leer development entrance for the purpose of identification, which shall contain the wame and, address of the development only. Such sign shall not exceed twenty square feet in aggregate area or five feet in overall height. It shall be erected within a landscaped area and located not less than fifteen feet from the curb face.
      (2)   1n lieu of a monument sign such as is referred to in paragraph (a)(1) hereof, one wall sign per development entrance, which shall be incorporated into an exterior perimeter wall of the development. Such sign shall consist of in individually mounted letters and numbers which identify the name and address of the development only. Such letters and numbers shall not exceed eighteen inches in height and shall be indirectly illuminated.
      (3)   One directory sign per entrance of the development, which shall illustrate the site plan, names of streets and drives and ranges of corresponding street and drive addresses. Such sign. shall not exceed twenty square feet and five feet in height and shall be indirectly illuminated.
      (4)   One unlighted or luminous nameplate not exceeding thirty-two square inches in area for each dwelling unit,.indicating the address number of the unit; and
      (5)   Private drive signs at uniform locations throughout the development. Such signs shall be similar to standard City street signs and shall be approved by the City Manager.
   (b)   For sale, lease, rent and sold signs, which are permitted in Chapter 1272, are permitted in a planned unit development.
(Ord. 1049. Passed 2-26-85.)
1260.36 APPEARANCE STANDARDS.
   The Planning Commission, before approving a planned unit development, shall consider the following standards, as well as those referred to elsewhere in this chapter:
   (a)   Architectural features and general appearance of the proposed development shall enhance the orderly. and harmonious development of the entire development and the community as a whole.
   (b)   Architectural features and permanent colors, if any, shall be incorporated into the design of all vertical exterior surfaces of buildings in such a manner as to create an aesthetically pleasing whole.
   (c)   Particular attention shall be given to incorporating the design of the proposed development, including colors of signs, into the overall design of the entire development in order to achieve a unity.
   (d)   Vehicular accessways shall be designed with landscaping and building variations to avoid an alley-like appearance.
(Ord. 1049. Passed 2-26-85.)
1260.37 SEWERAGE AND WATER SYSTEMS.
   (a)   Sanitary Sewer and Water Systems. Sanitary sewer and water systems shall be designed and installed to City standards and specifications for such systems installed by the City. Such systems shall be located within private drives, roads or alleys, unless otherwise shown in the final plat approved by Council. In no case shall sewer mains or lines extend underneath any dwelling unit other than the unit served by the main or line. Provisions shall be made, in an instrument recordable and indexable against the development site in the office of the County Clerk, to identify those parts of the system which are privately owned and those, if any, which are publicly owned.
   (b)   Storm Drainage Systems. Storm drainage systems shall be designed and installed to City standards and specifications for such systems installed by the City. Such systems shall provide for delivery of on-site drainage to a public storm drainage system. An off-site storm drainage system may be required by the Planning Commission if it determines that such a system is necessary to protect adjacent properties.
(Ord. 1049. Passed 2-26-85.)
1260.38 FIRE HYDRANTS.
   A fire hydrant system to provide an adequate water flow for fire protection purposes shall be designed and installed to City standards and specifications for such systems installed by the City. The adequacy of such a proposed system shall be approved by the City Water and Fire Departments and the system shall be tested and approved by such Departments prior to commencement of the framing stages of building on the development site.
(Ord. 1049. Passed 2-26-85.)
1260.39 UTILITY INSTALLATIONS.
   All utility services, including cable television, shall be installed underground, unless the Planning Commission finds that specific engineering or design problems would prevent such installation. Electrical utilities shall be installed in accordance with the code required by the State.
(Ord. 1049. Passed 2-26-85.)
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