Article 4. Application of Regulation

Article 4. Application of Regulation

§11-401   REGULATIONS APPLICATION; USE.    

1. No building or land shall hereafter be used or occupied and no building or structure or part thereof shall be erected, moved, or structurally altered except in conformity with the regulations of this Chapter, or amendments thereto, for the district in which it is located.

2. No lot, even though it may consist of one (1) or more adjacent lots of record, shall be reduced in size so that the lot width or depth, front, side or rear yards, lot area per family, or other requirements of this Chapter are not maintained.  This prohibition shall not be construed to prevent the condemnation of narrow strips of land for public utilities or street right-of-way purposes.

3. No part of a yard or other open space required in connection with any building or structure for the purpose of complying with the provisions of this Chapter shall be included as a part of a yard or other open space similarly required for another building or structure.

4. Only one (1) principal building and its customary accessory buildings may hereafter be erected on any lot.

§11-402   REGULATIONS APPLICATION; ADVERTISING SIGNS. Advertising signs shall not be erected, constructed, or altered except in compliance with the requirements and the regulations of the Zoning District in which they are to be located.

§11-403  REGULATIONS APPLICATION; SIGNS AND SPECIFICATIONS. Structural supports for advertising signs shall not be exposed to public view, but shall be an integral part of the design of the advertising sign.  Signs shall be structurally safe and in good repair, as determined by the Municipal Engineer, including those connected to a building facade. Signs shall not flash all elements simultaneously and shall not resemble any traffic sign, signal or device. Revolving beacons are prohibited. Signs shall not be located in such manner as to obscure or otherwise interfere with the effectiveness of any existing business advertising, or an official traffic sign, signal or device or which do not obstruct or interfere with the driver's view of approaching, merging or intersecting traffic, as determined by the Municipal Engineer.

§11-404  REGULATIONS APPLICATION; SIGNS IN RESIDENTIAL DISTRICTS.  The following types of non-illuminated, non-advertising, and non-flashing signs are permitted in all R-Districts.

Nameplates and Identification Signs.  Signs indicating the name or address of the occupant or a permitted home occupation; provided, that they shall not be larger than three (3) square feet in area.  Only one (1) such sign per dwelling unit shall be permitted except in the case of corner lots where two (2) such signs, one (1) facing each street, shall be permitted for each dwelling unit.  For multiple-family dwellings, a single identification sign not exceeding six (6) square feet in area shall be permitted.

2. Sales or Rental Signs. Signs advertising the sale or rental of the premises upon which they are located may be permitted or provided:

a. The size of any such sign is not in excess of six (6) square feet.

b. Not more than one (1) sign is placed upon any property unless such property fronts upon more than one (1) street, in which event two (2) signs may be erected, one (1) on each frontage.

c. Such sign shall be promptly removed when premise is sold or rented.

3. Institutional Signs. Signs of schools and places of worship may be erected and maintained; Provided, that:

a. The size of any such sign is not in excess of twenty-four (24) square feet; and

b. Not more than one (1) such sign is placed on a property, unless such property fronts upon more than one (1) street, in which event two (2) such signs may be erected, one (1) on each frontage.

4. Signs Accessory to Parking Areas. Signs designating entrances or exits to or from a parking area shall not exceed two (2) square feet each.  One (1) sign per parking area designating the conditions of use or identity of such parking area shall be limited to nine (9) square feet; Provided, that on a corner lot two (2) such signs shall be permitted, one (1) facing each street.

5. Development Signs. Signs advertising the sale or development of the premises upon which they are erected, when erected in connection with the development of the premises by a builder, contractor, developer, or other persons interested in such sale or development, may be erected and maintained; Provided:

a. The size of any sign is not in excess of twenty-four (24) square feet; and not more than one (1) sign is placed upon any property, unless such property fronts upon more than one (1) street, in which event one (1) such sign may be erected on each frontage.

c. Any such sign shall be removed by the developer within thirty (30) days of the final sale of property.

6. Directional Signs. Signs indicating the location and direction of premises available for or in process of development, but not erected upon such premises, and having inscribed thereon, the name of the owner, developer, builder, or agent, may be erected and maintained; Provided, that:

a. The size of any such sign is not in excess of six (6) square feet, and not in excess of four feet (4') in length.

b. Not more than one (1) such sign is erected on each five hundred feet (500') of street frontage.

7. Artisans' Signs. Signs of mechanics, painters, and other artisans, may be temporarily erected and maintained during the period such persons are performing work on the premises; Provided, that:

a.   The size thereof is not in excess of twelve (12) square feet.

b.   Such signs are removed promptly upon completion of the work.

8. Private Driveways. Signs indicating the private nature of a driveway and trespassing signs; Provided, that the size of any such sign shall not exceed two (2) square feet.

9. Projection of Signs. No sign in any R-District shall project beyond the property line.

§11-405   REGULATIONS APPLICATION; SIGNS IN COMMERCIAL AND INDUSTRIAL DISTRICTS. Signs are permitted in commercial and manufacturing zones in accordance with the following regulations:

1. Size of Sign. No single sign in any B- or I-District shall have a surface area greater than one hundred (100) square feet. Projection of Signs.

a.  No sign in any B-2 or I-District shall project into a public right- of-way.

b. In B-1 District, marquee signs which extend into a public right-of-way may be permitted under the provisions of Chapter 8, Section 107.

3. Height of Signs. The top of any sign shall not project above the building roof line.

4. Flashing and Movable Signs. Flashing signs and signs with movable parts are not permitted.  (Amended by Ord.  No.  897-113, 11/2/87)

§11-406   REGULATIONS APPLICATION; EXISTING SIGNS.  Signs lawfully existing at the time of the adoption or amendment of this Ordinance may be continued, although the use, size, or location does not conform with the provisions of this Ordinance. However, it shall be deemed a nonconforming use or structure, and the provisions of Article 1 of this Chapter shall apply. 

§11-407  REGULATIONS APPLICATION; SPECIAL EXCEPTIONS. Pursuant to section 18-1306 R.R.S. the Governing Body hereby elects to retain for itself the power to grant conditional uses or special exceptions. The granting of a conditional use permit or special exception shall only allow property owners to put their property to a special exception use specifically identified in this ordinance for the zoning district in which the property is situated.

Upon application, pursuant to the provisions of this Chapter and the rules and procedures as set out herein of the Governing Body shall grant or refuse special exceptions in accordance with the standards of this Article and the intent of this Chapter. In granting any special exceptions, the Governing Body shall authorize the issuance of a Zoning Certificate and may prescribe and impose appropriate conditions and safeguards, including a specified time limit for the Zoning Certificate. No conditional use or special exception permit shall be authorized unless two-thirds (2/3) of the Council votes in favor of said permit.

Special exceptions shall be authorized only if they meet the following standards:

1. Noise. The use shall not include noise which is objectionable due to volume, frequency, or beat unless muffled or otherwise controlled.

2. Vibration. The use shall not include vibration which is discernible without instruments on any adjoining lot or property.

3. Air Pollution. The use shall not involve any pollution of air by flying ash, dust, vapors, or other substances which are harmful to health, animals, vegetation, or other property or which can cause soiling, discomfort, or irritation. No solid or liquid particles shall be emitted in concentrations exceeding 0.3 grains per cubic foot of the conveying gas or air.

4. Odors. The use shall not involve any malodorous gas or matter which is discernible on any adjoining lot or property.

5. Glare. The use shall not involve any direct or reflected glare that is visible from any adjoining property or from any public street, road, or highway, which property or roadway is all or partially located within the Residential Districts.

6. Overtaxing of Public Utilities and Facilities.  The use shall not involve any activity substantially increasing the burden on any public utilities or facilities, unless provision is made for any necessary adjustments.

7. Heat.  No direct or reflected heat shall be detectable from any lot line due to the use of the property

8. Character of Neighborhood. The use shall not involve any activity not in character with the majority of the uses in the neighborhood unless, by design, setback, nature of operation, and other devices, the character of the neighborhood will be maintained.

9. General Welfare of the Community.  The use shall not involve any activity which adversely affects the general welfare of the community.  (Amended by Ord.  No.  87-113, 11/2/87)

§11-407.01 REGULATIONS APPLICATION; SPECIAL EXCEPTIONS; MOBILE HOMES. No mobile home, not meeting the Manufactured Homes Standards of Section 11-427,  shall be placed in any zoning district where such use is permitted only as a special exception until there is first filed with the Municipal Clerk the written consent of persons owning three-fourths (3/4) of the property within three hundred feet (300') of said proposed location together with the written consent of all persons owning the lots and parts of lots abutting the site on which it is proposed to locate said mobile home. For the purpose of this section lots which would be abutting to the property except for the existence of streets and alleys shall be considered abutting.  Any mobile home while so placed on any lot shall be connected to the Sanitary Sewer System and shall conform to the building setbacks of the area on which it is located. A separate sewer connection shall be required for each mobile home so placed.  Each mobile home shall be secured with a minimum of three (3) sets of tie downs, anchored to withstand a wind load of 25 PSF. At the time of filing the required signatures, the applicant shall make application to the Governing Body to permit the special exception pursuant to section 11-407 hereof.  (Ord. No. 87-112, 11/2/87) (Amended by Ord. 95-125)

§11-407.02  REGULATIONS APPLICATION; VARIANCE. Where by reason of exceptional narrowness, shallowness, or shape of a specific piece of property at the time of the enactment of the zoning regulations, or by reason of exceptional topographic conditions or other extraordinary and exceptional situation or condition of such piece of property, the strict application of any enacted regulation under this act would result in peculiar and exceptional practical difficulties to or exceptional and undue hardships upon the owner of such property, the Board of Adjustment may authorize upon an appeal relating to the property, a variance from such strict application so as to relieve such difficulties or hardship, if such relief may be granted without substantial detriment to the public good and without substantially impairing the intent and purpose of any ordinance or resolution. 

No such variance shall be authorized by the Board unless it finds that:

The strict application of this zoning ordinance would produce undue hardship;

(b) such hardship in no shared generally by other properties in the same zoning district and the same vicinity;

(c) the authorization of such variance will not be substantial detriment to adjacent property and the character of the district will not be changed by the granting of the variance; and

(d) the granting of such variance is based upon reason of demonstrable and exceptional hardship as distinguished from variations for purposes of convenience, profit or caprice.  No variance shall be authorized unless the Board finds that the condition or situation of the property concerned or the intended use of the property is not of so general or recurring a nature as to make reasonably practicable the formulation of a general regulation to be adopted as an amendment to this zoning ordinance. The concurring vote of four members of the Board shall be necessary to grant a variance from this zoning ordinance.  (Ref.  19-910 RS Neb.) (Ord.  No.  87-113, 11/2/87)

§11-408 REGULATIONS APPLICATION; SIDE YARD. Where a side yard to a principal building is provided, although not required by this Chapter, it shall not be less than five feet (5') in width unless it abuts a street or alley. (Amended by Ord. No. 971, 11/6/78)

§11-409 REGULATIONS APPLICATION; REAR YARD DEPTHS. The required rear yard depth on any lot shall not be less than twenty-five feet (25') from the rear lot line to any portion of the rear wall of a dwelling unit.

§11-410 REGULATIONS APPLICATION; PROJECTION.  Every part of a required yard or court shall be open from its lowest point to the sky unobstructed.  (Amended by Ord.  No.  971, 11/6/78)

§11-411  REGULATIONS APPLICATION; CORNER LOTS. On corner lots, the side yard on that side of the lot abutting the side street shall not be less than the required depth for front yards in that district.  (Amended by Ord.  No.  971, 11/6/78)

§11-412  REGULATIONS APPLICATION; CORNER VISIBILITY.  On a corner lot in any district except B-2, having a residential use, no planting, structure, sign, fence, wall, or obstruction to vision between the range of two and one-half (2 1/2') and ten (10') feet in height measured from the center line of the street shall be placed or maintained within the triangular area formed by the intersecting curb lines if extended straight and a straight line connecting points on the curb lines each of which is sixty feet (60') in distance from the point of intersection.  Curb line shall be measured from the back of each curb.

On a corner lot in any B-2 district where the use is residential, no planting, structure, sign, fence, wall, or obstruction to vision between the range of two and one half (2 1/2') and ten (10') feet in height measured from the center line of the street shall be placed or maintained within the triangular area formed by the intersecting curb lines if extended straight and a straight line connecting points on the curb lines each of which is thirty feet (30') in distance from the point of intersection.  Curb line shall be measured from the back of each curb.

§11-413  REGULATIONS APPLICATION; WALLS AND FENCES. Walls and fences are permitted in yards but shall be limited to forty-eight inches (48") in height in front yards and side yards abutting street right-of-ways in R-District, subject to corner visibility requirements.

§11-414  REGULATIONS APPLICATION; REQUIRED YARD. No part of a yard, or other open space, or off-street parking or loading space required for, or in connection with any building for the purpose of complying with this Chapter shall be included as part of a yard, open space, or off-street parking or loading space, similarly required for any other building having a similar use. (Amended by Ord.  No.  971, 11/6/78)

§11-415  REGULATIONS APPLICATION; VACATION OF PUBLIC WAYS. Whenever any street, alley, or other public way is vacated in the manner authorized by the law, the district adjoining each side of such street, alley, or public way, shall be automatically extended to the center of such vacation, and all areas included in the vacation shall then and henceforth be subject to all regulations of the extended district.

§11-416  REGULATIONS APPLICATION; NUMBER OF BUILDINGS. There shall be no more than one (1) principal dwelling and two (2) accessory structures, including a private garage, on each lot in any R-District.

§11-417   REGULATIONS APPLICATION; LANDSCAPING.  Any use required by this Chapter to be landscaped in accordance with this section shall be contained within a fence or wall six feet (6') high, or a visual screen consisting of evergreen, or evergreen-type hedges or shrubs, spaced at intervals of not more than six feet (6'), located, and maintained in good condition within fifteen feet (15') of the property line.

§11-418  REGULATIONS APPLICATION; OPEN STORAGE.  All open storage shall be landscaped in accordance with the previous section.  No materials or wastes shall be deposited on any premise in such form or manner that they may be transferred off such premise by natural causes or forces.  All materials or wastes which might cause fumes or dust or which constitute a fire hazard, or which may be edible by or otherwise be attractive to rodents, insects, or animals, shall be stored outdoors and only in closed containers.

§11-418.01  APPLICATION; MOBILE AND MODULAR HOME STORAGE PROHIBITED, EXCEPTION.  It shall be unlawful for any person, firm, corporation or association to place upon any property within the zoning jurisdiction of the City of Falls City any mobile or modular home or portion thereof unless the same is placed on such property pursuant to a valid building permit issued by the City; Provided however, that mobile and modular homes of portions thereof may be stored in the A, B-2 or I-1 zoning districts upon the issuance of a permit from the zoning officer. Applications for such permits shall set out the location of the property, the number of units to be stored and such other information as the zoning officer shall require and shall be accompanied by a ten dollar ($10.00) permit fee. In determining if a permit shall be issued the zoning officer shall consider:

1)   The effect such storage will have on the neighborhood;

2)   Devaluation of surrounding property;

3)   The visibility of traffic in the area;

4)   The proximity to schools, parks and public buildings;   and

5)   The size and shape of the lot.

The zoning officer may as a condition to the issuance of a permit place such conditions thereon as he deems necessary to protect the interest of the public and surrounding property owners.  (Ord.  No.  87-112, 11/2/87)

§11-419 REGULATIONS APPLICATION; ACCESS TO SERVICE STATIONS. No automobile service station, public garage, or commercial parking area or garage for twenty-five (25) or more motor vehicles, shall have an entrance or exit for vehicles within two hundred feet (200') along the same side of a street on which is located a school, playground, place of worship, hospital, library, or institution for dependents or for children, except where such property is in another block or on another street on which the lot does not abut.        

§11-420   REGULATIONS APPLICATION; HOME OCCUPATIONS.  Home occupations shall be permitted, except in an area zoned R-1, within a single-dwelling unit or accessory building and only by the person or person maintaining the dwelling; Provided, the following regulations are followed:   

A. Not more than one (1) nonresident person shall be employed in the home occupation.

B. One (1) sign having an area of not more than three (3) square feet shall be permitted.

C. The home occupation shall not utilize more than twenty-five percent (25%) of the gross floor area of the dwelling unit.  

D. Any use customarily conducted entirely within a dwelling or its accessory buildings and carried on by the inhabitants thereof, which use is clearly incidental to the use of the dwelling as a place of residence; Provided, no article is sold or offered for sale except as may be produced by the immediate family residing therein. In particular, a home occupation includes but is not limited to the following: Art studio; dressmaker; seamstress; milliner, and other home services and trades; and teaching of musical instruments limited to one (1) pupil at a time or a class of not more than five (5) students.

However, a home occupation shall not be interpreted to include the following:

a.   Barber shops and beauty parlors;

b.   Commercial stables and kennels;

c.   Restaurants;

d.   Tea rooms;

e.   Tourist or boarding house;

f.   Animal hospitals;

g.   Convalescent homes;

h.   Mortuary establishments. (Amended by Ord.  No.  971, 11/6/78)

§11-421 REGULATIONS APPLICATION; MULTIPLE-FAMILY DWELLINGS.  Application for multiple-family dwellings and planned unit residential developments shall require the submission of a site development plan to the appropriate board; said plan or plans as submitted to either the Planning Commission or the Board of Adjustments are required to show all structures, roadways, pathwalks, parking areas, recreation areas, utility, and exterior lighting installation and landscaping on the site, all existing structures and usages within two hundred feet (200') of the site boundaries, and any other elements as may be deemed essential by the Planning Commission or the Board of Adjustments. Before approving the site plan, the Planning Commission and Board of Adjustments shall make findings with respect to the following:

A.  All proposed site traffic access ways are adequate, but not excessive in number, adequate in grade, width, alignment, and visibility, and not located too near street corners, entrances to schools or place of public assembly and other similar considerations.

B. That the interior traffic circulation system is adequate and that all required parking spaces are provided and are easily accessible.

C. That in accordance with the spirit and intent of this Chapter, wherever possible, usable open space is disposed of in such a way as to insure the safety and welfare of residents. 

D.  That adequate provision has been made for light, air, access, and privacy in the arrangement of the buildings to each other. Each dwelling unit shall have a minimum of two (2) exterior exposures. Laundry facilities, including washing machines and clothes dryers, shall be available on the premises for use by all occupants of the premises.  Exterior clotheslines shall not be permitted.

E.  That the proposed site is properly landscaped, the purpose of which is to further enhance the natural qualities of the land. Where adjacent land use dictates, proper screening and buffer zones may be required. No certificate of occupancy shall be issued for any such building or buildings, unless the same conforms in all respects to such site plan, and unless all facilities included in the site plan have been in accordance therein.

F.  A building group may not be so arranged as to be inaccessible by emergency vehicles.

G. The front or rear of any building shall be no closer to the front or rear of any other building than forty feet (40').

H.  No driveway or parking lot shall be closer than twenty-five feet (25') to the front of any building nor ten feet (10') to the side or rear or any building.      

In the case of any enclosed garage or carport provided as a portion to the main structure, distance requirements for driveways providing access to these accommodations shall not apply.

In the case of an older single-family dwelling converted to multiple-dwelling use in R-1, 11-305 C5, the previous driveway site may be retained to preserve insofar as possible, the appearance of a single-family dwelling unit and yard.

I. All driveways and parking areas shall be developed with all-weather hard surfaces and shall contain facilities for night illumination.

J.  There shall be provided on the site of such development an open area or areas, in addition to parking areas, devoted to the joint use of residents thereof.  Such open space shall consist of not less than four hundred (400) square feet of space per dwelling unit. At least fifty percent (50%) of such open space shall be developed with recreational facilities.

K. There shall be provided on the site of such development and area or areas devoted to the storage of automobiles. One (1) parking space shall be provided for each dwelling unit on the site plus on (1) additional unit for each two (2) dwelling units except in the case of senior citizen housing where one (1) parking space shall be provided for each two (2) dwelling units.  Parking areas shall contain a minimum of one hundred eight (180) square feet per space.

L.  Property landscaping shall be provided along all walks and streets, around recreation areas and along the outer property line of the site. (Amended by Ord.  No.  971, 11/6/78)

§11-421.01  GROUP HOMES; DEFINED.  For the purposes of this Article, unless the context otherwise requires, the term "group home" shall mean a facility licensed by the State of Nebraska in which at least four (4) but not more than eight (8) persons not including resident managers or house parents, who are unrelated by blood, marriage, or adoption reside while receiving therapy, training, or counseling for the purposes of adaptation to living with, or rehabilitation from cerebral palsy, autism, or mental retardation.  (Ref.  18-1744 RS Neb.) (Ord.  No.  80-129, 12/15/80)

§11-421.02 GROUP HOMES; ESTABLISHMENT. A group home, as defined in section 10-421.01, may be established and operated in any residential zone within the exercised zoning jurisdiction of the Municipality, except as limited in section 11-421.03.  (Ref.  18-1745 RS Neb.) (Ord.  No.  80-129, 12/15/80) 

§11-421.03 GROUP HOMES; ESTABLISHMENT, EXCEPTIONS. Departments and agencies of the state are prohibited from licensing a new group home if it will be within twelve hundred feet (1200') of an existing group home, unless the Governing Body grants the proposed facility a conditional or special use permit.  For purposes of this section, "existing group home" shall include, in addition to group homes defined in section 11-421.01, a home of any size which serves other populations, including but not limited to correctional homes and homes which serve people recuperating from the effects of drugs or alcohol, mental illness, or physical disability.

The number of group homes established in the Municipality shall be limited according to the population of the Municipality, except that the Governing Body may issue a variance to allow additional group homes. For the Municipality with a population of one thousand (1,000) residents or less, one (1) group home may be established, for a Municipality with a population of more than one thousand (1,000) and less than ten thousand (10,000) residents, one (1) group home may be established for every two thousand (2,000) residents, for a Municipality with a population of at least ten thousand (10,000) residents but less than fifty thousand (50,000) residents, one (1) group home may be established for every three thousand (3,000) residents.  (Ref.  18-1746, 18-1747 RS Neb.) (Ord.  No.  80-129, 12/15/80)

§11-422   REGULATIONS APPLICATION; INDUSTRIAL PARK

A.   No loading or unloading shall be permitted in the front yard.

B. Landscaping consisting of grass, shrubs, and trees planted at intervals not greater than fifty feet (50') shall be provided along all property lines to a depth of not less than twenty feet (20') in the front yard and ten feet (10') in the side and rear yards.

C.  Materials or products which will not be injured by the weather and which are kept in an orderly manner so as not to be unsightly may be stored outside a plant.

D. Self-illuminated signs shall be prohibited. Indirect illumination of signs by floodlights is permitted.

E.   Treatment of the sides and rear of all buildings within the Industrial Park District shall be comparable in amenity and appearance to the treatment given to street frontages of these same buildings.  (Amended by Ord.  No.  971, 11/6/78)

§11-423   REGULATIONS APPLICATION; PLANNED UNIT DEVELOPMENT.  Planned unit development shall be permitted in appropriate zones only after specific approval by the Planning Commission and the Governing Body.

A.   The application shall show the proposed use or uses, dimensions and locations of proposed structure and of areas to be reserved for vehicular and pedestrian traffic, parking, public uses such as schools, and playgrounds, landscaping, and other open spaces, architectural drawings and sketches showing design of structures and their relationship, and such other information as may be requested by such bodies or a determination that it is desirable to deviate from certain other provisions of this Chapter.

B.   The application shall be first referred to the Municipal Engineer and Building Inspector for thirty (30) days for examination of the application for compliance with all applicable ordinances. Where deemed advisable by either authority, all information required for preliminary approval of subdivision plats may also be required in the application for a planned unit development.

C.  The following regulations shall apply:

1.   Spacing and Orientation of Building Groups - Residential:

a.  Walls containing main window exposures or main entrances shall be so oriented as to ensure adequate light and air exposure.

b. Such buildings shall be so arranged as to avoid undue exposure to concentrated loading or parking facilities, and shall be so oriented as to preserve visual and audible privacy between adjacent buildings.

c. A building wall containing windows and an entrance way shall be located no closer to another building than a distance equal to the height of the taller building of two (2), but in no case less than twenty-five feet (25').

d. A building wall containing only windows or only an entrance way shall be located no closer to another building than a distance equal to the height of the taller building of the two (2), but in no case less than twenty-five feet (25').

e. A building group shall not be so arranged that any temporary or permanently inhabited building is inaccessible to emergency vehicles.

2.  Spacing and Orientation of Building Groups - Commercial and Industrial:

a. Exterior walls of opposite buildings shall be located no closer than a distance equal to the height of the taller building.

b. A building group shall not be so arranged that any permanently or temporarily occupied building is inaccessible to emergency vehicles.

3. Circulation. There shall be adequate, safe, and convenient arrangement of pedestrian circulation facilities, roadways, driveways, off-street parking, and loading spaces.

§11-424  REGULATIONS APPLICATION; OFF-STREET PARKING. In all districts except the (B) Business District, every industrial, commercial, institutional, recreational, residential, or any other use shall be provided off-street parking spaces in accordance with the following requirements:

A.  Size and Access. Each off-street parking space shall have an area of not less than one hundred eighty (180) square feet exclusive of access drives or aisle, and shall be of usable shape and condition.

There shall be adequate provision for ingress and egress to all parking spaces.  Access drives or driveways shall not be less than nine feet (9') wide.

No access drive or driveway shall be located in any R-District to provide access to uses other than those permitted in and R-District.

B.  Location. Off-street parking spaces for uses in R-Districts shall not be located between the front building line and street line.

C. Off-Site Facilities. All permitted and required accessory off-street parking spaces open or enclosed shall be located on the same lot as the use to which such spaces are accessory, except that spaces may be provided within a radius of two hundred fifty feet (250') from the lot boundary on land which is in the same ownership as the use to which they are accessory, subject to deed restrictions binding the owner and his heirs, successors, and assigns to maintain the required number of spaces available throughout the life of such use.

D. Parking for Places of Worship. The number of required off-street parking spaces may be eliminated or reduced if there exists, within five hundred feet (500') of the place of worship, public or private parking lots containing a sufficient number of off-street parking spaces to satisfy the requirements of the following table. The place of worship must provide the difference if the number of parking spaces in the private or public lots is below the number required. Any spaces provided in public or private lots must be shown to be available for worshipers on the day or days of greatest use.

E.   Number of Parking Spaces Required.

Uses                                                                       Minimum Required Off-Street Parking Spaces

Bed & Breakfast . . . . .                                     1 additional space per rentable room

Bowling Alley . . . . . .                                       5 spaces for each alley

Dwelling. . . . . . . . .                                           1 space for each dwelling unit plus: 1 additional space for each 2                                                                                       dwelling units in multifamily dwellings, except that older citizen                                                                                           housing may use 1 space per unit regardless of number of units

Eating or Drinking Place, Bar

Cocktail Lounge, Night Club or

Indoor Entertainment ..                                  1 space for each 4 seats

Funeral Home . . . . . .                                      10 spaces for each chapel

Hospital, Nursing or Convalescent Home . .  1 space for each 3 beds

Manufacturing, Processing or Repairing . .   1 space for each 600sf gross floor area

Medical or Dental Office..........                         8 spaces for each doctor

Motel . . . . . . . . . .                                               5 space for each 4 rentable units

Office. . . . . . . . . .                                               1 space for each 500sf gross floor area

Place of Worship. . . . . .                                     1 space for each 5 seats except that where no individual seats                                                                                               are provided, 20 inches of bench shall be considered as one seat.

Professional Office in a Residence . . . . . . .    2 spaces

Retail Store or Personal

Service Establishment . . .                                  1 space for each 300sf gross floor area

Professional Business, Technical School, Studio for Art,

Music, Dancing or Photography . . . . . . . .         1 space for each classroom seat

Wholesale Establishment or Warehouse . . . .   1 space for each 2 employees in maximum shift with an absolute                                                                                        minimum parking area of 25 percent of gross floor area.


1.  Size and location. Each loading space shall not be less than twelve feet (12') in width, thirty-five feet (35') in length, and have a minimum vertical clearance of fourteen feet (14'), and may occupy all or any part of any required yard.  (Amended by Ord. Nos. 971, 11/6/78; 87-113 11/2/87)

§11-425  REGULATIONS APPLICATION; OFF-STREET LOADING. In all districts, in connection with buildings occupied by industrial, commercial, and certain institutional uses, there shall be provided and maintained, on the same lot with such building,  off-street loading berths in accordance with the requirement of the table following:      

2.   Required Number of Off-Street Loading Spaces: 

Uses

Square Feet Gross Floor Area

Required Off-street Loading Spaces

School

N/A

1

Hospital

Under 30,000 for each additional 30,000 or major fraction thereof

1 additional

Funeral Home

N/A

1

Office, Motel

Under 25,000

1

Retail, Service

From 25,001-100,000

2-4

Wholesale, Warehouse, Manufacturing, Processing or Repair

For each additional 50,000 or major fraction thereof

1 additional

 

§11-426 REGULATIONS APPLICATION; ADDITIONAL PARKING REGULATIONS.

1.   Off-street parking and loading facilities for separate uses may be provided jointly if the total number of spaces so provided is not less than the sum of separate requirements for each use; Provided, that all regulations governing the location of accessory spaces in relation to the use served are adhered to and that no accessory space or portion thereof shall serve as a required space for more than one use.

2.   Every parcel of land hereafter used as a public or private parking area for five (5) or more cars or loading area, including a commercial parking lot, shall be developed and maintained in accordance with the following requirement:

a.   Screening and Landscaping.  Such areas shall be effectively screened by a fence or hedge as provided previously on the side or sides which adjoin or face an R-District.

b.   Minimum Distances and Setbacks.  No such area or part thereof shall be closer than ten feet (10') to any dwelling, school, hospital or other institution for human care located on an adjoining lot, or two feet (2') from any lot line.

c.   Surfacing.  Such area shall be surfaced with a durable and dustless surface.  All areas shall be marked so as to provide for the orderly and safe loading, parking and storage of self-propelled vehicles.

d.   Lighting.  Lighting used to illuminate any off-street parking loading area shall be so arranged as to reflect the light away from adjoining premises.  Off-street parking facilities for multiple-family dwellings shall be adequately lighted.

e.   Drainage.  Any off-street parking area and off-street loading area shall be graded and drained so as to dispose of all surface water without detriment to surrounding uses.

§11-427 ZONING REGULATIONS; MANUFACTURED HOMES; STANDARDS

(1)  A manufactured home may be used as a residential structure in any zone in which residential uses are permitted if such manufactured home bears an appropriate seal which indicates that it was constructed in accordance with the standards of the Department of Health or the United States Department of Housing and Urban Development.

(2)  Manufactured homes permitted pursuant to this section shall be located and installed according to the following standards which are applicable to site-built, single-family dwellings:

(a)  The home shall be located and installed on a permanent perimeter foundation;

(b)  The home shall be installed with permanent utility connections;

(c)  The home shall comply with all setback and lot requirements of the residential zone in which it is located;

(d)  The home shall comply with the minimum square footage requirements of the residential zone in which it is located.

(3)  Manufactured homes shall also meet the following standards:

(a)  The home shall have no less than nine hundred (900) square feet of floor area;

(b)  The home shall have no less than an eighteen-foot (18') exterior width;

(c)  The roof shall be pitched with a minimum vertical rise of two and one-half inches (2 1/2") for each twelve inches (12") of horizontal run;

(d)  The exterior material shall be of a color, material, and scale comparable with those existing in residential site-built, single-family construction;

(e)  The home shall have a nonreflective roof material which is or simulates asphalt or wood shingles, tile, or rock; and

(f)  The home shall have wheels, axles, transporting lights, and removable towing apparatus removed.

(4)  Nothing in this section shall be deemed to supersede any valid restrictive covenants of record.

(5)  For purposes of this section, manufactured home shall mean

(a) 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 in compliance with National Manufactured Home Construction and Safety Standards, 24 C.F.R. 3280 et seq. promulgated by the United States Department of Housing and Urban Development, or (b) a modular housing unit as defined in section 71-1557 RS Neb., bearing the seal of the Department of Health. (Ref. 19-902 RS Neb.)(Added by Ord. 95-125)

§11-428  JUNK OR SALVAGE YARD.

Salvage or junk yard operations and related facilities, as defined in Section 11-202, shall only be allowed by special exception in the “A” Agricultural zoning district under the following conditions:

1.   Located on a tract of land at least one-quarter (1/4) mile from a residential or agricultural farm residence.

2.   A $500,000.00 remediation fund, bond or certificate of insurance with a 10-day notification of termination clause in the name of the Governing Body shall be posted for clean up or environmental remediation of the facility and property in the event of abandonment.

3.   The operation shall be conducted wholly within a noncombustible building or within an area completely surrounded on all sides by a visual obscuring fence, wall or hedge.  The fence, wall or hedge shall be of uniform height (at least eight (8) feet high) and uniform texture and color shall be so maintained by the proprietor as to insure maximum safety to the public and preserve the general welfare of the neighborhood.  The fence or wall shall be installed in such a manner as to retain all scrap, junk or other material within the yard and no scrap, junk or other material shall protrude above or be visible through the fence from any public Right-of-way or residence.

4.   No junk shall be loaded, unloaded or otherwise placed, either temporarily or permanently, outside the enclosed building, fence or wall, or within the public right-of-way.

5.   Any other requirement deemed appropriate and necessary by the Governing Body for the protection of the general health and welfare.

6.   Special use permits granted under this section may be subject to annual review by the Governing Body with written notice of hearing of such review given to permit holder at last known address.

In making any decision granting a special use permit, the Governing Body shall impose such restrictions, terms, time limitations, landscaping, improvement of off-street parking lots, and other appropriate safeguards as required to protect adjoining property.

§11-429 LIVESTOCK CONFINEMENT FACILITIES/OPERATIONS.

Livestock confinement facilities/operations as defined by Section 11-202 shall only be allowed by special exception in the A Agricultural District under the following conditions:

1.Distance Requirements:

Any new or expanding livestock facilities/operations, as defined in Section 11-202, shall either be: (1) a minimum distance of one-quarter(1/4)mile  from  any residence, commercial  or industrial facility, or church, school or any other facility operated and/or utilized by the general public other than the residence of the confinement facilities/operations owner and/or operator, or (2) have signed letters of agreement from a minimum of seventy-five percent (75%)of the residences, commercial or industrial facilities, or churches, schools or any other facilities operated and/or utilized for benefit of the general public within the specified minimum distance, supporting the proposed expansion or development of the livestock facility/operation. The minimum distance shall be measured from the nearest edge of the area used, or approved for use, as the livestock facility/operation under this Resolution to the nearest point of such residence, commercial or industrial facility, or church, school or any other facility operated and/or utilized by the general public.

2.  A management plan for the facility shall be established which is acceptable to the Nebraska Department of Environmental Quality and Governing Body.  The Plan shall provide for the proper disposal of animal waste and dead animals in a manner as not to contaminate ground water or any stream, creek or river and minimizes odor.

3.  Disposal and storage of livestock confinement facility/operation animal waste shall be in conformance with the following:

A. Disposal and storage of livestock confinement facility/operation animal waste on land within the City of Falls City other than on the property upon which the livestock confinement facility/operation is located, shall be subject to the license requirements and waste disposal requirements and recommendations of the State of Nebraska, and subject to the approval of the Governing Body.

B. The disposal of livestock waste shall not be closer than thirteen hundred and twenty (1,320) feet to an adjacent property without a written letter of agreement from that property owner. 

C. There shall be no storage, of livestock waste from a livestock confinement facility/operation upon land designated as wetlands by the United States Department of Agriculture, Farm Services Commission. 

D. Paunch waste disposal shall only be allowed in the “A” Agriculture District in conformance with a Special Use Permit process. 

5.  Special use permits granted under this section shall be subject to review by the Governing Body if not in compliance with the Nebraska Department of Environmental Quality regulations.

6.  Any other requirement deemed appropriate and necessary by the Governing Body for the protection of the general health, safety and welfare of the residents of the City of Falls City.

Find a Home for these Pets

Please visit the website of The Humane Society of Richardson County to see the animals available for adoption. Homes are urgently needed! Click here to learn more.

Brownville Concert Series

The mission of the Concert Series is to bring professional live performance to Southeast Nebraska. The program is varied and includes classical instrumental, Cabaret performances based on the American Songbook, Jazz (instrumental and vocal), Rock and Roll, Bluegrass, Vocal Recital, Opera and a specially commissioned Christmas Gala. Learn More

Famous Falls Cityans

Magicians, atheletes, artists and governors all once called Falls City their. Learn more about famous Falls Cityans by clicking here.