Chapter 12
ZONING
Article 3. District Regulations
§12-301 GENERAL APPLICATION OF REGULATIONS. The regulations set by this Chapter within each district shall be minimum regulations and shall apply uniformly to each class or kind of structure or land, and particularly, except as hereinafter provided:
1. No building, structure, or land shall hereafter be used or occupied, and no building or structure or part thereof shall hereafter be erected, constructed, reconstructed, moved, or structurally altered except in conformity with all of the regulations herein specified for the district in which it is located; provided, however, that outside of the corporation limits of Henderson, Nebraska, the use of land for farming or agricultural purposes, except feed lots, is specifically exempt from the provisions of this Chapter.
2. No building or other structure shall hereafter be erected or altered:
a. to exceed the height or bulk;
b. to accommodate or house a greater number of families;
c. to occupy a greater percentage of lot area;
d. to have narrower or smaller rear yards, front yards, side yards, or other open spaces,
than herein required; or in any other manner contrary to the provisions of this Chapter.
3. No part of a yard, or other open space, or offstreet parking or loading space required about 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.
4. No yard or lot existing at the time of passage of this Chapter shall be reduced in dimension or area below the minimum requirements set forth herein. Yards or lots created after the effective date of this Chapter shall meet at least the minimum requirements established by this Chapter.
5. All territory which may hereafter be annexed to the city shall be considered to be in the agricultural district until otherwise classified.
§12-302 NON-CONFORMING USES. A non-conforming use of a building at the time of the adoption of this section may be continued although such use does not conform with the provisions thereof. Such use may be extended throughout the building, provided no structural alterations, except those required by law or ordinance, are made therein. And the following additional regulations shall apply:
1. Whenever a district shall be hereafter changed, any then existing non-conforming use in such changed district may be continued, provided all other regulations governing the use are complied with;
2. A non-conforming use if changed to a conforming use shall not thereafter be changed back to any nonconforming use;
3. A non-conforming use if changed to a more restricted nonconforming use shall not thereafter be changed unless to a still more restricted use;
4. Where a building located in a district restricted against its use has been destroyed by fire or other calamity to the extent of not more than one-half of its assessed value, a permit may be granted for its reconstruction within a period of not to exceed six months from the date of such fire or other calamity.
5. Where a non-conforming use has existed and such nonconforming use is not exercised or continued for a period of one year, such non-conforming use shall cease to exist and the premises and building or buildings which have been subjected to such non-conforming use shall thereafter conform to the use and regulation of the district in which such premises or building is located.
Nothing herein contained shall require any change in plans, construction or designated use of a building or structure for which a building permit has been issued and the construction of which shall have been diligently prosecuted within six months of the date of such permit, and the ground story framework of which, including the second tier of beams, shall have been completed within nine (9) months of the date of the permit, and which entire building shall be completed according to such plans as filed within one year from the date of the permit.
§12-303 MANUFACTURED HOMES. (1) A manufactured home as defined by state law shall be located and installed according to the same standards for foundation system, permanent utility connections, setback, and minimum square footage which would apply to a site-built, single-family dwelling on the same lot.
(2) Manufactured homes shall further meet the following standards:
(a) The home shall have no less than nine hundred square feet of floor area;
(b) The home shall have no less than an eighteen-foot exterior width;
(c) The roof shall be pitched with a minimum vertical rise of two and one-half inches for each twelve inches 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.
§12-304 MOBILE HOMES.
1. All inhabited mobile homes shall be located in a mobile home court that has received a special permit as required by sections 12-305 and 12-306. No mobile home outside of an approved court, except on farmsteads when used in connection with farming activities, shall be connected to utilities except those being offered for sale by dealers or manufacturers and not inhabited.
2. Mobile Homes, To Be Used as Dwellings Only: No mobile home shall be used for any purpose other than a dwelling. However, a mobile home may be used as a temporary office or shelter incidental to construction on a development of the premises on which the mobile home is located during the construction or development.
§12-305 “A” AGRICULTURAL DISTRICT. The intent of this district is to recognize the transition between agricultural uses of land and communities; to encourage the continued use of that land which is suitable for agriculture, but limit any land uses that may be a detriment to normal community expansion.
1. Permitted Principal Uses:
a. Agricultural uses, excluding feed lots and the commercial feeding of livestock.
b. Ranch and farm dwellings.
c. On-site signs.
d. Outdoor advertising business.
e. Recreational camps, parks, playgrounds, golf courses, country clubs, tennis courts, riding academies and other similar recreational uses.
2. Permitted Accessory Uses:
a. Roadside stands.
b. Other uses appurtenant to the permitted uses when established in conformance with the space limits of this district.
3. Special Exception Uses:
a. Feed lots and the commercial feeding of livestock including accessory uses such as feed mills, feed plants and fertilizer operations but excluding packing and rendering plants.
b. Cemeteries, crematories, mausoleums and columbariums.
c.Educational services.
d. Utility substations, filter beds, sanitary landfills, sewage treatment and water supply plants.
e. Commercial mines, quarries, sand and gravel pits and accessory uses.
f. Mobile home parks in compliance with Supplementary District Regulations.
g. Other uses that are consistent with the intent of this district.
4. Prohibited Uses: All uses which are not specifically permitted or are not permissible as a special exception use.
5. Space limitations:
Minimum lot area: . . . . . . . . . . . . 4 acres
Minimum lot width: . . . . . . . . . . . .200 feet
Maximum height of building: . . . . . . . . . . 35 ft.
for structures intended for human occupancy; all other,
no restrictions.
Minimum front yard: . . . . . . . . . . . . .35 feet
Minimum rear yard: . . . . . . . . . . . . .50 feet
Minimum side yard: . . . . . . . . . . . . .20 feet
§12-306 “R-1” SINGLE FAMILY RESIDENTIAL. This district is intended to provide for a medium density of single-family residential dwellings within the existing ranges of municipal services, or where municipal services can be obtained or developed economically.
1. Permitted Principal Uses:
a. Single-Family Dwellings;
b. Churches and places of worship;
c. Public and private schools;
d. Public Parks, playgrounds or playfields;
e. Public libraries;
f. Golf course, except miniature golf courses and driving tees;
g. Community buildings owned and/or occupied by public agencies;
h. Nursing, convalescent, and retirement homes;
i. Mobile home parks in conformance with Supplementary District Regulations.
2. Permitted Accessory Uses:
a. Private garage containing not more than three vehicle spaces;
b. Customary home occupations;
c. Temporary buildings for uses incidental to construction work provided such buildings are removed promptly upon termination of construction work;
d. Other uses normally appurtenant to the permitted uses when established in conformance with the space limitations of this district.
3. Special Exception:
a. Utility substations;
b. Mobile home parks in compliance with Supplementary District Regulations.
c. Dwelling, Two-Family.
d. Dwelling, Multiple-Family.
e. Bed and breakfast, tea room and gift shop.
4. Prohibited Uses: All uses which are not specifically permitted or are not permissible as a special exception.
5. Space Limitations:
Minimum lot area:. . . . . . . . . . . . . . . . .7,000 sq. feet
Minimum lot width:. . . . . . . . . . . . . . . . . . . . .60 feet
Maximum height of building. . . . . . . . . . . . . . 35 feet
Minimum front yard:. . . . . . . . . . . . . . . . . . . . 30 feet
Minimum rear yard:. . . . . . . . . . . . . . . . . . . . .20 feet
Minimum side yard:. . . . . . . . . . . . . . . . . . . . . .5 feet
Maximum ground coverage. . . . . . . . . . . . . . . . 40 %
6. Garden sheds and other similar structures that are not greater than 170 square feet in size may be located within the minimum yard requirements set forth in this section.
7. Fence Requirements: All fences constructed in the residential districts shall be erected and conform to all requirements listed below and all other applicable City Ordinances and codes. The materials and construction plans used must be approved by the building inspector and/or zoning administrator.
1. Before constructing any fence and application for such construction must first be submitted to the zoning administrator and a permit for the fence construction issued by the zoning administrator. The application must show the existing buildings and the new fence with measurements made from the lot line.
2. All fences must be installed entirely on the owner’s property and shall not be attached to the adjacent neighbor’s garage or building.
3. Fences are permitted along a rear or side property line or portion of a rear or side property line as follows:
1. Fences are not in excess of six (6) feet in height as measured above the natural grade may be of any style.
2. Fences in excess of six (6) feet in height are prohibited.
4. Electric fences and barbed wire fences are prohibited.
5. Fences shall display a finished face toward adjacent streets and properties.
6. Any enclosing structure intended to serve exclusively as a dog run shall conform to the setback requirements for an accessory use or structure in residential districts.
7. A chain link fence or other substantially open fence not used as a site barrier, privacy screen, windbreak or dog run, shall not exceed four (4) feet in height.
8. At least on unlocked gate or fence opening of a minimum of three (3) feet in width shall be provided in each yard to permit emergency entrance from street.
9. a. Front yard: Fences within the front yard shall not exceed three (3) feet in height.
b. Rear yard: Fences within the rear yard shall not exceed six (6) feet in height.
c. Side yards: Fences within side yards shall not exceed six (6) feet in height, except that fences withing the exterior side yard of a corner lot, adjacent to the street shall not exceed three (3) feet in height.
10. All fences shall be maintained in good condition so as not to become unsightly, unsafe, a nuisance or detrimental to the surrounding area.
11. All fences shall be at least twelve (12) feet from the curb on the edge of the street and at least one (1) foot from the edge of a sidewalk or walk way.
12. All building materials and construction plans must be approved by the zoning administrator and/or building inspector.
13. No exceptions to these requirements shall be permitted unless a variance is obtained.
8. Miscellaneous Provisions: Supplementary District Regulations shall be complied with as defined herein.
§12-307 “R-3” MULTIPLE FAMILY RESIDENTIAL. This district is intended to provide for a high density of residential dwellings, including multiple family units, within the existing ranges of municipal services.
1. Principal permitted uses:
a. Any use permitted in the R-1 single family residential district.
b. Multiple dwellings.
c. Row houses.
d. Boarding and lodging houses.
e. Senior citizens housing.
2. Permitted Accessory Uses:
a. Private garages located not less than 50 feet from the front street line, unless the garage is part of the main building.
b. Temporary buildings for uses incidental to construction work provided such buildings are removed promptly upon termination of construction work.
c. Other uses normally appurtenant to the permitted uses when established in conformance with the space limitations of this district.
3. Prohibited Uses: All uses which are not specifically permitted.
4. Space Limitations:
Minimum lot area:
a. single family dwellings. . . . . . . . . . . . . . . . . . . . . 4,500 sq. ft.
b. two-family dwellings. . . . . . . . . . . . . . 2,500 sq. ft. per family
c. multiple-family dwellings. . . . . . . . . . .1,500 sq. ft. per family
Minimum lot width:. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .50 feet
Maximum height of building. . . . . . . . . . . . . . . . . . . . . . . . . . .45 feet
Minimum front yard:. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .25 feet
Minimum rear yard:. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .20 feet
Minimum side yard: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 feet
Maximum ground coverage . . . . . . . . . . . . . . . . . . . . . . . . . . . . .50%
Garden sheds and other similar structures that are not greater than 170 square feet in size may be located within the minimum yard requirements set forth in this section.
5. Miscellaneous Provisions: Supplementary district regulations shall be complied with as defined herein.
§12-308 “C-1” COMMERCIAL. The intent of the Commercial District is to provide a central location for commercial business services and activities to support community and trade area needs.
1. Permitted principal uses:
Antique stores.
Apparel and accessory stores.
Bakeries, retail only.
Banks.
Barber and beautician services.
Beer, wine, and alcoholic beverage retail store.
Book and stationery stores.
Bowling alleys.
Camera and photographic supply stores.
Confectionery stores
China and glassware stores.
Civic, social and fraternal associations,
Credit services, including loan offices.
Community buildings, owned by public agencies.
Dairy product retail stores.
Dental services.
Department stores.
Drapery, curtain, and upholstery stores.
Drinking places, including drug and proprietary stores.
General merchandise retail stores.
Eating places, indoor (outdoor).
Electrical appliances and television sales and repair.
Engineering and architectural services.
Filling stations.
Finance, insurance and real estate services.
Floor covering, retail.
Food lockers without preparation facilities.
Food stores, general retail.
Furniture, and home furnishings retail.
Fur storage and retail.
Gifts, novelties and souvenir stores.
Hardware retail stores.
Heating and air conditioning equipment retail.
Jewelry retail.
Laundry, self-service and/or dry cleaning plants.
Legal services.
Mail order houses, retail only.
Meat markets, retail only.
Medical and other health services.
Motion picture theaters, indoor.
Office furniture and supplies retail.
Paint, glass and wallpaper retail.
Printing and engraving services.
Public parks.
Parking lots.
Radio and television broadcast studios.
Recreation centers, indoor only.
Savings and loan associations.
Shoe repair services.
Shoe sales, retail.
Sporting goods, retail.
Telephone and telegraph exchange stations.
Tires, batteries and accessories, retail.
Utilities offices and administrative services.
Welfare and charitable services.
On-site signs.
Outdoor advertising business.
2. Permitted Accessory Uses: Other uses normally appurtenant to the permitted uses when established in conformance with the space limits of this district.
3. Special Exception Uses: Any professional or educational service. Funeral homes and mortuaries on lots of 12,000 square feet or more, providing parking space in conformance with Supplementary District Regulations. Electrical and gas distribution substations, and other public utility installations, but not including equipment storage or maintenance yards. Any building over 35 feet in height.
4. Prohibited Uses: All residential dwellings and all other uses which are not specifically permitted or are not permissible as a special exception use.
5. Space Limitations: No requirements; except where a C-1 Commercial district abuts a residential district, a twenty-five (25) foot yard shall be provided between the permitted structure and the district boundary. No building shall exceed four stories or 45 feet, whichever is greater.
6. Miscellaneous Provisions: Supplementary District Regulations shall be complied with as defined herein.
§12-309 “C-2” HIGHWAY COMMERCIAL. The highway commercial district is intended to provide commercial area for those businesses which normally function with and need major highway access.
1. Principal Permitted Uses:
a. Automobile and truck sales, service and repair.
b. Auto wash.
c. Bottled gas transfer and distribution.
d. Contract construction services.
e. Farm machinery and equipment sales and service.
f. Feed, grain, and fertilizer sales.
g Lumber yards and construction materials sales.
h. Plumbing and heating services.
I. Veterinary services and small animal hospital.
j. Wholesale distribution and warehousing.
k. Garden supplies and nurseries.
l. Golf driving ranges.
m. Marine craft and accessories.
n. Mobile home sales.
o. Miniature golf courses.
p. Motels.
q. Public utility installations, and equipment storage.
r. Restaurants, including drive-ins.
s. Raising of field crops and horticulture.
t. On-site signs; provided where this district is within 75 feet of R-1 or R-3 Districts, such signs shall not be closer than 75 feet to such districts, unless such sign does not show directly toward such district or districts.
u. Outdoor advertising business.
2. Permitted Accessory Uses:
a. Uses and structure customarily incidental to the principal uses of this district.
b. Storage warehouses in conjunction with permitted principal uses.
c. Vehicle storage garages or vehicles lots enclosed by a
5 feet high opaque fence or planted screen.
d. Temporary buildings for uses incidental to construction
work provided such buildings are removed promptly upon termination of construction work
e. Uses permitted in C-1 Commercial District.
3. Special Exception Uses:
a. Tourist campgrounds on lots of five (5) acres provided adequate public utilities are available to the site.
b. Commercial outdoor recreation facilities not specifically listed.
c. A dwelling unit, including mobile home, for use by the owner, operator or caretaker of the commercial establishment, provided an open yard of at least 3,000 square feet is maintained in conjunction with the dwelling.
4. Prohibited Uses:
a. Two family dwellings.
b. Multiple family dwellings.
c. Ranch and farm dwellings.
d. All uses which are not specifically permitted or are not permissible as a special exception use.
5. Space Limitations:
Minimum lot area: 10,000 sq. feet
Minimum lot width: 80 feet
Maximum height of building: 35 feet
Maximum front yard: 35 feet
Maximum rear yard: 20 feet
Maximum side yard: 10 feet
Maximum ground coverage: 40 %
6. Miscellaneous provisions: Supplementary District Regulations shall be complied with as defined herein.
§12-310 “I” INDUSTRIAL. This district is intended to provide for the future development of new industrial and certain commercial activities in areas where ingress and egress can be provided in a safe and convenient manner. The activities located in this district should be engaged in either manufacturing, wholesale commercial trade, or commercial trade, with the majority of the trade or commerce having a market area external to the immediate York County area. It is further intended that activities proposing to locate in any of the areas designated Industrial shall satisfy the Planning Commission and the City Council that the activities conducted in the aforementioned areas shall conform to the pollution control standards in existence for the State of Nebraska. No use shall be permitted that does not conform to these minimum pollution control standards.
1. Principal Permitted Uses:
a. Terminal yard, trucking.
b. Wholesale distribution and warehousing.
c. Manufacture and/or assembly of component parts.
d. Food processing and packaging.
e. Fertilizer production or mixing.
f. Concrete batch plant.
g. Cement or clay products manufacture.
h. Contract construction equipment storage.
I. Fuel storage yard and/or refining.
j. Machine shops and/or welding shops
k. Truck and tractor repair.
1. Mobile or modular home manufacturing.
m. Beverage bottling or distribution.
n. Raising of field crops and horticulture.
o. On-site signs.
p. Outdoor advertising business.
q. Stockyards and/or slaughterhouses.
2. Permitted Accessory Uses:
a. A dwelling unit, including mobile home, for use by
the owner, operator, or caretaker of the industry,
provided an open yard of at least 3,000 square feet is
maintained in conjunction with the dwelling.
b. Other uses normally appurtenant to the permitted
uses when established in conformance with the
space limits of this district.
3. Special Exception Uses:
a. Gravel, sand or dirt removal, stockpiling, processing or distribution.
b. Retail sales of products constructed on-site.
c. Auto wrecking and salvaging operations, sufficiently screened from public view.
d Truck terminal, tractor, trailer or truck storage including maintenance facilities.
e. Contractor̓s storage yard or plant.
4. Prohibited Uses:
a. Commercial cattle feed lots.
b. Any residential use except for owner, operator or watchman quarters.
c. All uses which are not specifically permitted, cannot meet the performance standards for industry, or are not permissible as a conditional use.
5. Space Limitations:
Minimum lot area:. . . . . . . . . . . . . . . . . . . . 20,000 sq. feet
Minimum lot width:. . . . . . . . . . . . . . . . . . . . . . . . . 80 feet
Maximum height of building:. . . . . . . . . . . . .no restriction
Minimum front yard:. . . . . . . . . . . . . . . . . . . . . . . . 50 feet
Minimum rear yard:. . . . . . . . . . . . . . . . . . . . . . . . . 20 feet
Minimum side yard:. . . . . . . . . . . . . . . . . . . . . . . . . 10 feet
Maximum ground coverage. . . . . . . . . . . . . . . . . . . . . 50%
6. Miscellaneous Provisions:
a. Supplementary District Regulations shall be complied with as defined herein.
b. All uses within this district shall meet the minimum performance standards for industry as defined herein.
7. Industrial Performance Standards: The performance standards listed below are minimum standards for industrial land use that shall be met in conjunction with this district.
Physical Appearance: Junk, salvage, auto wrecking, and other similar operations shall be shielded from view from streets and from adjacent properties in another district by means of a sturdy, sight obscuring fence in good repair.
Fire Hazard: All flammable substances involved in any activity established in this district shall be handled in conformance with any additional regulations that may from time to time be adopted by the City Council.
Noise: All noise and noise causing activities shall be muffled so that they will not create a disturbance greater than normal peak hour traffic noise on a major street when observed from any area zoned residential. Major street noise for comparison purposes shall be measured on the primary State Highway nearest the industry.
Sewer and Liquefied Wastes: No operation shall be carried on which involves the discharge into the sewer, water course, or liquid wastes of chemical nature which are detrimental to normal sewage plant operations or corrosive and damaging to sewer pipes and installations.
Odor: The emission of odors that are generally agreed to be obnoxious to any considerable number of persons, shall be prohibited, observations of odor shall be made at the property line of the establishment causing the odor. As a guide to classification of odor it shall be deemed that strong odors of putrefaction and fermentation tend to be obnoxious and that such odors as associated with baking or the roasting of nuts and coffee shall not normally be considered obnoxious with the meaning of this Chapter.
Gases: The gases sulfur dioxide and hydrogen sulfide shall not exceed 5 parts per million, carbon monoxide shall not exceed 25 parts per million, and nitrous fumes shall not exceed 5 parts per million. All measurements shall be taken at the property line.
Vibration: All machines including punch presses and stamping machines shall be so mounted as to minimize vibration.
Glare and Heat: All glare, such as welding arcs and open furnaces shall be shielded so that they shall not be visible from the property line. No heat from furnaces or processing equipment shall be sensed at the lot line to the extent of raising the temperature of air or materials more than 5 degrees Fahrenheit.
§12-311 “E” ENVIRONMENTAL CONSERVATION. It is the intent of this district to provide for certain lands and natural areas, to be maintained as open spaces or developed as public parks; and to prevent the destructive uses of such lands and natural areas.
1. Permitted Principal Uses:
a. Open spaces.
b. Public parks.
c. Recreation areas and facilities.
d. Tennis courts.
e. Swimming pools.
f. Athletic fields.
2. Permitted Accessory Uses: Uses normally appurtenant to the permitted uses when established in conformance with the space limits of this district.
3. Special Exception Uses: On-site signs which are necessary for the identification of district facilities and activities.
4. Prohibited Uses:
1. Any residential use except for caretaker or watchman quarters.
2. All uses which are not specifically permitted or not permissible as a special exception use.
5. Space Limitations:
Minimum lot area: As established from time to time in
accordance with the Henderson Park Plan.
Minimum lot width:. . . . . . . . . . . . . . . . . . . . . . . . . .200 feet
Maximum height of building:. . . . . . . . . . . . . . . . . . . 35 feet
Minimum front yard:. . . . . . . . . . . . . . . . . . . . . . . . . .40 feet
Minimum rear yard:. . . . . . . . . . . . . . . . . . . . . . . . . . 40 feet
Minimum side yard:. . . . . . . . . . . . . . . . . . . . . . . . . . 40 feet
6. Miscellaneous Provisions: Supplementary district regulations shall be complied with as defined herein.