ORD 34120 - Amend section 55-769 of municipal code re mechanical equipment and structures in yard areas •
ORDINANCE NO. 3 Y/v2 Q
1 AN ORDINANCE to amend Section 55-769, "Accessory uses", of the Omaha Municipal Code to
2 provide for mechanical equipment and structures in yard areas; and to provide for the
3 effective date hereof.
4 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF OMAHA:
5 Section 1. Section 55-769, "Accessory uses", of the Omaha Municipal Code is hereby
6 amended to read as follows:
7 Sec. 55.769. Accessory uses.
8 (a) Purpose: This section provides regulations for accessory uses. These provisions are
9 intended to establish the relationship between the principal and accessory uses of a site
10 and to establish allowed uses accessory to each principal use type.
11 (b) Principal Use Includes Accessory Use: Principal use types specified as permitted,
12 conditional or special uses in this chapter shall include accessory uses and activities
13 identified by these regulations and other accessory uses which are appropriate and
14 incidental to the principal use. Each site containing an accessory use is subject to all
15 regulations for the zoning district unless otherwise provided in these regulations.
16 (c) Residential Use Types: Residential use types may include the following accessory
17 uses, activities and structures on the same site or lot:
18 (1) Private garages and parking for the principal use.
19 (2) Recreational activities and uses by residents, including structures necessary
20 for such uses.
21 (3) Playhouses, gazebos, incidental household storage buildings, and other
22 similar accessory structures.
23 (4) Home occupations, subject to section 55-767(c) of these regulations.
24 (5) Fuel tanks and generators, electrical transformers, condensers, cooling
25 towers, emergency generators and similar mechanical equipment
26 necessary to support a multifamily principal use. The equipment must
ORDINANCE NO. 3'//2 2
Page 2
1 be located within the buildable area of the site and be screened from all
2 adjacent property.
3 (§)(0 Accessory or garage apartments, subject to conditions set forth in section 55-
4 763 of these regulations.
5 (6)(7) Residential convenience services, such as laundry facilities for multiple-
6 family or manufactured housing residential use types. Those services shall
7 be located and operated for residents only, as an integral part of the principal
8 use, and may not be visible or identifiable from outside the site.
9 (-7j(8) Garage sales,provided that such sales occur no more than two(2)days in any
10 two-month period.
11 Other necessary and customary uses determined by the planning director to
12 be appropriate, incidental and subordinate to a principal use.
13 (10) Recycling collection point within parking lots for multifamily uses
14 (apartment complex), using either closable containers or a small structure,
15 with no processing of materials.
16 (d) Commercial Use Types: Commercial use types may include the following accessory
17 uses, activities and structures on the same site or lot:
18 (1) Parking for the principal use.
19 (2) Incidental sale of liquor by the drink, if properly licensed by the state.
20 (3) Another commercial or industrial use not otherwise permitted within the
21 zoning district associated with the principal commercial use, subject to the
22 following limitations:
23 a. The accessory use produces products which are sold on the premises or
24 operated for the convenience of employees or customers of the
25 principal use.
26 b. The accessory use is totally contained within the structure housing the
27 principal use and is not identifiable, detectable or visible from outside
28 the site.
•
ORDINANCE NO. 3`//2 0
Page 3
1 c. The accessory use occupies less than twenty-five (25) percent of the
2 total floor area of the use.
3 d. The accessory use is not located in an R7 or R8 Multiple-Family
4 Residential District.
5
6 (4) Recycling collection point within a common development shopping center
7 parking lot, using either closable containers or a small structure, with no
8 processing of materials.
9 (5) Fuel tanks and generators, electrical transformers, condensers, cooling
10 towers, emergency generators and similar mechanical equipment necessary
11 to support an on-premise principal use. The equipment must be located
12 within the buildable area of the site and be screened from all adjacent
13 property.
14 (e) Office Use Types: Office use types may include the following accessory uses,
• 15 activities and structures on the same site or lot:
16 (1) Parking for the principal use.
17 (2) Fuel tanks and generators, electrical transformers, condensers, cooling
18 towers, emergency generators and similar mechanical equipment necessary
19 to support an on-premise principal use. The equipment must be located
20 within the buildable area of the site and be screened from all adjacent
21 property.
22 (f) Industrial Use Types: Industrial use types may include the following accessory uses,
23 activities and structures on the same site or lot:
24 (1) Parking for the principal use.
25 (2) Recycling collection point, including processing of material within the
26 parking lot for a general industrial or warehousing and distribution use,using
27 either closable containers or a small structure.
28 (3) Fuel tanks and generators, electrical transformers, condensers. cooling
29 towers, emergency generators, and similar mechanical equipment necessary
30 to support an on-premise principal use. The equipment must be located
31 within the buildable area of the site and be screened from all adjacent
32 property.
ORDINANCE NO. 3'//g 0
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1 (g) Civic and Transportation Use Types: Civic use types may include the following
2 accessory uses, activities and structures on the same site or lot:
3 (1) Parking for the principal use.
4 (2) Accessory dwellings.
5 (3) Food services operated incidental to the principal use and operated primarily
6 for the convenience of employees, residents or users of the principal use.
7 Typical examples include cafeterias and dining halls.
8 (4) Incidental sale of liquor by the drink if properly licensed by the state.
9 (5) Convenience commercial facilities incidental to the principal use and
10 operated primarily for the convenience of employees, residents or users of
11 the principal use. Typical examples include gift shops, newsstands, and
12 bookstores.
13 (6) Recycling collection point within the parking lot for churches, schools, or
14 city-owned facilities using either closable containers or a small structure.
15 (7) Day care services(general)incidental to the civic use types as listed in section
16 55-764.
17 (8) Fuel tanks and generators, electrical transformers, condensers, cooling
18 towers, emergency generators, and similar mechanical equipment necessary
19 to support an on-premise principal use. The equipment must be located
20 within the buildable area of the site and be screened from all adjacent
21 property.
22
23 (h) Agricultural Use Types: Agricultural use types shall include the following accessory
24 uses, activities and structures on the same site or lot:
25 (1) Garden centers and roadside stands, as set forth in section 55-762 of these
26 regulations.
27 (2) Other uses and activities necessarily and customarily associated with the
28 purpose and functions of agricultural uses.
29
ORDINANCE NO. 3'V/2 0
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1 Section 2. Section 55-769 of the Omaha Municipal Code, as heretofore existing, is
2 hereby repealed.
3 Section 3. That this Ordinance shall become effective fifteen(15) days from and after
4 its passage.
INTRODUCED BY COUNCILMEMBER
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7
MAYOR OF THE CITY OF OMAHA
PASSED FEB 2 5 1997 6 40
ATTEST:
r1;)0"---
CLERK OF THE CITY OF OMAHA
APPROVED'AS TO FORM:
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