Article 4. Application of Regulation
§11-401 Falls City Code §11-404
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
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
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.
1. 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
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
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 twentyfour
(24) square feet; and
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 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
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)
b. Such signs are removed promptly upon completion of
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
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)
2. 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
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
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
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
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,
§11-407.01 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
(a) 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-
§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
§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
§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
§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
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;
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.
§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 twentyfive
percent (25%) of the gross floor area of the dwelling
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
a. Barber shops and beauty parlors;
b. Commercial stables and kennels;
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
B. That the interior traffic circulation system is adequate
and that all required parking spaces are provided and are easily
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
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 twentyfive
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
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
§11-421 Zoning Regulations §11-421.03
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
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
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
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
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
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
§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
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 RDistrict.
B. Location. Off-street parking spaces for uses in RDistricts
shall not be located between the front building line and
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
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
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 600 sf 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 500 sf 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 300 sf gross floor area
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.
(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
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.
2. Required Number of Off-Street Loading Spaces:
|Hospital||Under 30,000 …
30,000 or major
|Office, Motel||Under 25,000||1|
50,000 or major
§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
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
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
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
(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
(b) The home shall be installed with permanent utility
(c) The home shall comply with all setback and lot
requirements of the residential zone in which it is
(d) The home shall comply with the minimum square footage
requirements of the residential zone in which it is
(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, 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 and Human Services System. (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
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
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
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
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.