CITY OF OMAHA PUBLIC NOTICES 11/5/20

AGENDA

ZONING BOARD OF APPEALS

THURSDAY, NOVEMBER 12, 2020

PRE-MEETING/CASE REVIEW –

11:00 A.M.

11th FLOOR – PLANNING DEPARTMENT SOUTH CONFERENCE ROOM

1:00 P.M. - PUBLIC HEARING

3RD FLOOR – JESSE LOWE CONFERENCE ROOM (310)

OMAHA/DOUGLAS CIVIC CENTER -

1819 FARNAM STREET

LAYOVER CASES:

Waiver of Section 55-734 – Variance to the off-street parking requirement from 75 to 45 to allow for the expansion of an existing church and school; 285 South 208th Street

Waiver of Sections 55-734 and 55-832(2) – Variance required off-street parking from 75 to 28 and to the total allowed sign budget from 60 sq. ft. to 147 sq. ft. to allow for a revised signage plan; Northeast of 24th & Binney Streets

NEW CASES:

Waiver of Section 55-126 – Variance to the rear yard setback from 35’ to 9’ to allow for the construction of an accessory building; 9305 Capitol Avenue

Waiver of Section 55-836(b) & 55-933(c) – Variance to the minimum setback from 12’ to 0’ to allow for the construction of three (3) new monument signs and a business center sign and to the minimum acreage allowable for a business center sign from 10 acres to 5 acres; 8601 West Dodge Road

Waiver of Section 55-206 – Variance to the minimum lot width from 60’ to 44’ to allow for an existing residential structure; 1026 North 33rd Street

Waiver of Section 55-126 & 55-715 – Variance to the interior side yard setback from 25’ to 20’; to the street side yard setback from 25’ to 20’; and to the maximum building coverage percentage from 25% to 27.4% and to the minimum street yard landscaping depth from 30’ to 0’ to allow for the construction of a new, single-family residence; 505 South 90th Street

Waiver of Section 55-186, 55-187(e) & 55-742(b) – Variance to the front yard setback from 35’ to 25’; to the street side yard setback from 15’ to 9’; and to allow required, off-street parking in the front yard setback for the construction of a new, single-family residence; 3802 Miami Street,3803, 3806, 3811 & 3813 Corby Street

Waiver of Section 55-786 – Variance to the residential fence regulations to allow a 6’ tall, 50% open fence in the street side yard setback; 13602 Burt Street

Waiver of Section 55-186 & 55-187(e) – Variance to the front yard setback from 35’ to 6.5’, and the rear yard setback from 25’ to 16’ to allow for the construction of a new deck; 1118 North 34th Street

Waiver of Section 55-166 – Variance to the interior side yard setback from 7’ to 5’ to allow for an addition; 311 South Happy Hollow Boulevard

Waiver of Section 55-183 & 55-406 – Variance to allow an accessory structure (pergola) on a lot without a primary structure and to the rear yard setback from 15’ to 10’; 3118 North 24th Street

Waiver of Section 55-166 – Variance to the maximum impervious coverage allowed from 45% to 53% to allow for the construction of a 14’ x 24’ parking pad; 3416 California Street

Waiver of Section 55-206 – Variance to the interior side yard setback from 10’ to 5’ to allow for the construction of a townhouse development; 5017 South 134th Street

Waiver of Section 55-786 – Variance to the residential fence regulations to allow a 6’ tall, privacy fence in the street side yard setback; 3203 Myrtle Avenue

Waiver of Section 55-786 – Variance to the fence regulations to allow a fence taller than 6’; 4102 Woolworth Avenue

Waiver of Section 55-166 – Variance to the interior side yard setback from 7’ to 3’ and to the rear yard setback from 25’ to 7’ to allow for the construction of a new accessory building and to the interior side yard setback from 7’ to 6” and to the rear yard setback from 25’ to 2’ to allow for pool equipment; 5408 Nicolas Street

Waiver of Section 55-716 – Variance to the minimum bufferyard requirement between a GI and CC district from 20’ to 0’; 402 Rose Blumkin Drive

Waiver of Section 55-166 & 55-717 – Variance to the maximum impervious coverage percentage from 45% to 48% and to the hard-surface driveway requirement to allow the existing driveway to be surface with permeable pavers; 1608 South 33rd Street

Waiver of Section 55-835 – Variance to the maximum sign budget from 200 sq. ft. to 378.5’ sq. ft. to allow for a new wall identification sign, 16 new wall tenant signs, and an existing pole sign; 6653 Sorensen Parkway

NOTE: All requests for sign language interpreters (signers) will require a minimum of 48 hours advance notice. If necessary, contact the Board Secretary at (402) 444-5150 x2061.

The Zoning Board of Appeals reserves the right to amend the above agenda. The Zoning Board of Appeals agenda and other information regarding the Zoning Board of Appeals and Planning Department are available on the Internet at http://www.cityofomaha.org/planning. The agendas available on the Internet are subject to change and are for convenience purposes only. A copy of the official agenda, kept continually current, shall be available for public inspection at the office of the Omaha Planning Department, 1819 Farnam Street, Suite 1100, Omaha, Nebraska, during normal business hours.

Prior to the hearing, the applicant may schedule a time to review the City’s case file during normal business hours by contacting the Planning Department at (402) 444-5150 ext. 2051. If an alternative (audio version) to this agenda is necessary, please notify the Board Secretary at (402) 444-5150 ext. 2061, 72 hours in advance.

Cliff Todd

Zoning Board of Appeals Administrator

11/5

––––––––––––––––––––––––––––––––

CITY OF OMAHA

Notice is hereby given that the City Council of the City of Omaha met on October 27, 2020 and passed and approved the following ordinance:

ORDINANCE NO. 42341

AN ORDINANCE to amend Sections 55-68, 55-186, 55-206, 55-226, 55-246, 55-266, 55-541 through 55-580, 55-719, 55-731 through 55-760, 55-763, 55-787, 55-882 and 55-921 through 55-938 of the Omaha Municipal Code Chapter 55; to repeal as heretofore existing and delete Sections 55-68, 55-186, 55-206, 55-226, 55-246, 55-266, 55-541 through 55-580, 55-719, 55-731 through 55-760, 55-763, 55-787, 55-882 and 55-921 through 55-938 in their entirety; to implement provisions for Transit Oriented Development; and to provide the effective date thereof. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF OMAHA: Section 1. That Section 55-68 of the Omaha Municipal Code is hereby amended to read as follows:

Sec. 55-68. SITE DEVELOPMENT REGULATIONS SUMMARY – AGRICULTURAL AND RESIDENTIAL DISTRICTS

		Zoning District
Regulator		AG	DR	R1	R2	R3	R4	R5	R- WRN ⁽⁴⁾	R6	R7	R8	MH ⁽³⁾
Minimum lot area (sq. ft.)		20 acres	1 acre	20,000	10,000	7,500	5,000	4,000	5,000	4,000	1,500-7,000	1,200-7,000	—
Minimum lot width (ft.)		300	100	100	80	60	50	40	50	40	20-50	20-50	—
Site area*unit (sq. ft.)		20 acres	1 acre	20,000	10,000	7,500	5,000	3,000	2,500	2,000	1,000	500	—
Floor area ratio		—	—	—	—	—	—	—	—	0.5	1.0	1.0-2.0	—
Minimum required yards (ft.):
	Front yard	50	50	50	40	35	25-35 ⁽¹⁾	25-35 ⁽²⁾	—	35 25-35	35 25-35	35 25-35	—
	Street side yard	25	25	25	20	17.6	15	15	—	15	15-21	15-37	—
	Interior side yard	15	25	25-50	10-20	7-15	5-10	5-10		5-10	5-16	6-32	—
	Rear yard	25	35	35	25	25	25	25	—	25	25	25	—
Maximum height (ft.)		35	35	35	35	35	35	35	35	45	75	150	—
Maximum building coverage		5%	20%	25%	30%	35%	40%	50%	—	55%	60%	70%	—
Maximum impervious coverage		10%	25%	30%	40%	45%	50%	60%	—	65%	70%	80%	—

⁽¹⁾A 35-foot front yard setback may be required in certain cases. See section 55-187(e).

⁽²⁾A 35-foot front yard setback may be required in certain cases. See section 55-207(g).

⁽³⁾Mobile home subdivisions are subject to the R4 zoning district site development regulations.
Mobile home parks are subject to the site development regulations established by section 55-286.

⁽⁴⁾See additional standards in sections 55-213 and 55-214.

Section 2. That Section 55-186 of the Omaha Municipal Code is hereby amended to read as follows:

Sec. 55-186. Site development regulations.

Each site in the R4 single-family residential district shall be subject to the following site development regulations:

Regulator	Requirement

Lot area	5,000 square feet minimum, except as noted in additional regulations, section 55-187
Lot width	50 feet minimum, except as noted in additional regulations, section 55-187
Site area/unit	5,000 square feet
Floor area ratio	No restriction
Height	35 feet maximum
Building coverage	40 percent maximum
Impervious coverage	50 percent maximum

Setbacks (minimum):

	Single- Family (Detached) (feet)	Single- Family (Attached) (feet)	All Other Uses (feet)
Front yard*	25	25	25
Street side yard	15	15	15
Interior side yard	5	10 on yard opposite common wall	15
If zero lot line used on opposite yard	10
Rear yard	25	25	25

*See additional regulations, section 55-187(e).

Section 3. That Section 55-206 of the Omaha Municipal Code is hereby amended to read as follows:

Sec. 55-206. Site development regulations.

Each site in the R5 urban family residential district shall be subject to the following site development regulations:

Regulator	Requirement

Lot area	4,000 square feet minimum, except as noted in additional regulations, section 55-207
Lot width	40 feet minimum, except as noted in additional regulations, section 55-207
Site area/unit	3,000 square feet minimum
Floor area ratio	No restriction
Height	35 feet maximum
Building coverage	50 percent maximum
Impervious coverage	60 percent maximum

Setbacks (minimum):

	Single-Family Detached (feet)	Single-Family Attached (feet)	Two-Family (feet)	Duplex (feet)	Townhouse (feet)	Other Uses (feet)
Front yard*	25	25	25	25	25	25
Street side yard	15	15	15	15	15	15
Interior side yard	5, 10 if zero lot line is used on opposite yard	7 on yard opposite common wall	10	7	0, 10 on yard of detached wall	10
Rear yard	25	25	25	25	25	25

*See additional regulations, section 55-207(g).

Section 4. That Section 55-226 of the Omaha Municipal Code is hereby amended to read as follows:

Sec. 55-226. Site development regulations.

Each site in the R6 low-density multiple-family residential district shall be subject to the following site development regulations:

Regulator	Requirement
Lot area	4,000 square feet minimum, except as noted in additional regulations, section 55-227
Lot width	40 feet minimum, except as noted in additional regulations, section 55-227
Site area/unit	2,000 square feet minimum
Floor area ratio: For single-family, duplex, two-family and townhouse residential	No restriction
For other uses	0.50
Height	35 feet maximum
Building coverage	55 percent maximum
Impervious coverage	65 percent maximum

Setbacks (minimum):

	Single-Family (Detached) (feet)	Single-Family (Attached) (feet)	Two-Family (feet)	Duplex (feet)	Townhouse (feet)	Multifamily (feet)	Other Uses (feet)
Front yard	25	25	25	25	25	35	35
Street side yard	15	15	15	15	15	15	15
Interior side yard	5, 10 if zero lot line is used on opposite yard	7 on yard opposite common wall	7	7	0, 10 on yard of detached wall	10	10
Rear yard	25	25	25	25	25	25	25

Section 5. That Section 55-246 of the Omaha Municipal Code is hereby amended to read as follows:

Sec. 55-246. Site development regulations.

Each site in the R7 medium-density residential district shall be subject to the following site development regulations:

	Single-Family (Detached)	Single-Family (Attached)	Two-Family	Duplex	Townhomes	Multiple-Family and Large Group Living	Mixed Use Developments; Other Uses
Lot area (minimum)	4,000 sf.	3,000 sf.	7,000 sf.	5,000 sf.	1,500 sf.	5,000 sf.	5,000 sf.
Lot width (minimum)	40 ft.	30 ft.	50 ft.	50 ft.	20 ft.*	50 ft.	50 ft.
Site area/unit	4,000 sf.	3,000 sf.	3,500 sf.	2,500 sf.	2,000 sf.	1,000 sf.
FAR (maximum)	—	—	—	—	—	1.0	1.0
Front yard (minimum)	25 ft.	25 ft.	25 ft.	25 ft.	25 ft.	35 ft.	35 ft.
Street side yard	For all uses, 15 ft.; 2 additional feet for each 10 feet or fraction thereof in height over 45 feet						25 ft.
Interior side yard	5 ft., 7 ft. if zero lot line is used on opposite yard	7 ft.; on yard opposite common wall	7 ft.	7 ft.	0 ft., 7 ft. on yard with detached wall	10 ft.; 2 additional feet for each 10 feet or fraction thereof over 45 feet in height	10 ft.; 2 additional feet for each 10 feet or fraction thereof over 45 feet in height
Rear yard	25 ft.	25 ft.	25 ft.	25 ft.	25 ft.	25 ft.	25 ft.

*See additional regulations, section 55-247(c)(2)

All uses:

Height	75 feet maximum
Building coverage	60 percent maximum
Impervious coverage	70 percent maximum

Section 6. That Section 55-266 of the Omaha Municipal Code is hereby amended to read as follows:

Sec. 55-266. Site development regulations.

Each site in the R8 high-density residential district shall be subject to the following site development regulations:

	Single-Family (Detached)	Single-Family (Attached)	Two-Family	Duplex	Townhomes	Mixed Use, Multiple- Family and Large Group Living	Other Uses
Lot area (minimum)	4,000 sf.	3,000 sf.	7,000 sf.	5,000 sf.	1,200 sf.	5,000 sf.	5,000 sf.
Lot width (minimum)	40 ft.	30 ft.	50 ft.	50 ft.	20 ft.*	50 ft.	50 ft.
Site area/unit	4,000 sf.	3,000 sf.	3,500 sf.	2,500 sf.	1,500 sf.	500 sf.
FAR (maximum)	—	—	—	—	—	2.0	1.0
Front yard (minimum)	25 ft.	25 ft.	25 ft.	25 ft.	25 ft.	35 ft.	35 ft.
Street side yard	For all uses, 15 ft.; 2 additional feet for each 10 feet or fraction thereof in height over 45 feet					25 ft.	25 ft.
Interior side yard	5 ft., 7 ft. if zero lot line is used on opposite yard	7 ft. on yard opposite common wall	7 ft.	7 ft.	0 ft., 7 ft. on yard with detached wall	10 ft.; 2 additional feet for each 10 feet or fraction thereof over 45 feet in height	10 ft.; 2 additional feet for each 10 feet or fraction thereof over 45 feet in height
Rear yard	25 ft.	25 ft.	25 ft.	25 ft.	25 ft.	25 ft.	25 ft.

*See additional regulations, section 55-267(c)(2).

All uses:

Height	150-foot maximum
Building coverage	70 percent maximum
Impervious coverage	80 percent maximum

Section 7. That Sections 55-541 through 55-580 of the Omaha Municipal Code is hereby amended to read as follows:

Sec. 55-541. - AV, MU.

Sec. 55-542. - General purpose.

The special districts are included in this chapter to achieve the following objectives:

(a) To provide sites for uses which are distinct in physical and operating characteristics from those allowed in basic residential, office, commercial or industrial districts.

(b) To encourage innovative design of pedestrian oriented intersection mixed use projects in a manner consistent with the urban design elements of the city's comprehensive plan.

(d) To integrate special projects into the surrounding urban environment.

Sec. 55-543. - AV aviation district.

Sec. 55-544. - Purpose.

The AV aviation district is designed to accommodate major public and private airport facilities in the city.

Sec. 55-545. - Permitted uses.

The following use types are permitted:

(a) Aviation facilities.

(b) Commercial facilities which are accessory to the operation of the airport and provide direct services to its users. Such uses may include but are not limited to financial services, personal services, general retail services, restaurants, cocktail lounges and service stations.

(c) Agricultural and open space uses within clear zones, approach areas or areas reserved for future airport development.

Sec. 55-546. - Site development regulations.

Use of each site for aviation facilities shall be subject to a special use permit approved by the city council, as provided by section 55-884.

Sec. 55-547. - RR railroad district.

Sec. 55-548. - Purpose.

The RR railroad district is designated to accommodate active railroad right-of-way and directly railroad associated property, including land owned by the railroad as right-of-way, switching yards, maintenance facilities, or leased property adjacent to the right-of-way.

Sec. 55-549. - Definitions.

The following definitions shall be used for terms contained in sections 55-548 through 55-554 that are not otherwise defined in this chapter:

(a) Abandonment: Discontinuation of railroad right-of-way as approved by the Interstate Commerce Commission (ICC) and/or the permanent removal of all trackage from that right-of-way.

(b) Centerline: The greater of a point equidistant between parallel right-of-way lines or to the center of the active railroad trackage within the right-of-way.

(c) Railroad associated land: Property owned by the railroad and adjacent to active railroad right-of-way used by private lease holders.

(d) Railroad right-of-way: That land dedicated or acquired for the purpose of operating as a railroad transportation facility, including contiguous trackage, switching yards, maintenance facilities, and undivided land leased for uses requiring railroad access.

Sec. 55-550. - Permitted uses.

The following use types are permitted:

Transportation uses:

Railroad facilities.

Transportation terminal.

Sec. 55-551. - Use regulations.

All other uses shall be allowed only if they are also allowed on the adjacent property.

Sec. 55-552. - Site development regulations.

Improvements on railroad associated land shall conform to the site development regulations of the adjacent property.

Sec. 55-553. - Other regulations.

The regulations for landscaping (article XIII), off-street parking and loading (article XIV), supplemental use (article XV), supplemental site development (article XVI), performance standards (article XVII), and sign and street graphics (article XVIII) shall be the same as the regulations on the adjacent property.

Sec. 55-554. - Determination of adjacent property.

The regulations applicable to the adjacent property shall be determined by extending the intersecting zoning boundary perpendicular to the centerline of the railroad right-of-way. When the railroad right-of-way is adjacent to interstate highway right-of-way, the adjacent zoning classification shall be extended to the centerline of the interstate right-of-way.

Secs. 55-555—55-560. - Reserved.

Sec. 55-561. - MU mixed use district.

Sec. 55-562. - Purpose.

The MU mixed use district is intended to accommodate projects that combine several compatible land uses into an integrated development consistent with the goals and policies of the land use and urban design elements of the city's comprehensive plan. It is the policy of the city to adopt the MU district in connection with rezoning of areas for projects that include commercial uses. The MU district allows for mixing residential environments with workplaces, shops and services in a manner that encourages these residential, commercial, office and accessory uses to occur in pedestrian-oriented mixed use centers of varying build-out sizes at those intersections designated for mixed use areas rather than in continuous strips along arterial streets. Development in the MU district must also accommodate transportation systems, surrounding environments and pedestrian movement. Projects constructed in an MU district are subject to approval through the special use permit procedure in section 55-884 based on the urban design review criteria set forth in article XXII (urban design), section 55-938.

Sec. 55-563. - Permitted uses.

The following use types are permitted in a project receiving approval by the city council pursuant to the special use permit procedure in section 55-884:

(a) Residential uses.

Multiple-family residential
Townhouse residential
Assisted living
Small group living (disabled)
Small group living (nondisabled)

(b) Civic uses.

Administrative services
College and university facilities
Community recreation
Cultural services
Day care (limited)
Day care (general)
Emergency residential care
Guidance services
Hospital services (limited)
Hospital services (general)
Local utility services
Park and recreation services
Postal facilities
Primary educational facilities
Recreational clubs
Religious assembly
Secondary educational facilities
Social clubs

Financial services
General offices
Medical offices

(d) Commercial uses.

Automotive washing
Building maintenance services
Business support services
Business or trade school
Cocktail lounge
Communications services
Consumer convenience services
Consumer repair services
Food sales (limited)
Food sales (general)
Food sales (convenience)
Funeral services
General retail sales
Hotel/motel
Indoor entertainment
Liquor sales
Pawnshop services
Personal improvement services
Personal services
Pet services
Restaurant (drive-in)
Restaurant (limited)
Restaurant (general)
Service station
Veterinary services

(e) Uses subject to certain restrictions. Any of the following uses may be allowed when:

(1) The location of the use is specifically designated on a site plan and includes detailed design plans, as required for a special use permit pursuant to section 55-884, and is ~~are~~ submitted for each designated site as a part of the development plan.

(2) The location is designated and approved through the special use permit procedure or with a major amendment to the development plan pursuant to section 55-565(d).

a. Residential uses.

Large group living

b. Civic uses.

Transitional living
Public assembly
Safety services

c. Commercial uses.

Agricultural sales and service
Automotive rentals
Auto repair services
Automotive sales
Convenience storage

Construction sales and service
Exterminating services
Indoor sports and recreation
Laundry services
Outdoor sports and recreation
Research services
Surplus sales

d. Parking.

Parking structure
Surface parking

e. Industrial uses.

Custom manufacturing
Light industrial
Warehousing and distribution (limited)

f. Transportation uses.

Transportation terminal

g. Miscellaneous uses.

Broadcasting tower
Wind energy conservation system

Sec. 55-564. - Site development standards and guidelines.

All projects in an MU district are subject to the following site development standards and guidelines.

(a) Urban design standards. Each project located on a site or lot in an MU district shall comply with the urban design standards set forth at the following sections:

(1) Sidewalk areas. Article XXII (Urban Design), section 55-924.

(2) Build-to/set-back lines and zones. Article XXII (Urban Design), section 55-925~~(a), (b) and (e)~~.

(3) Ground-level transparency. Article XXII (Urban Design), section 55-926.

(4) Screening of service areas. Article XXII (Urban Design), section 55-927.

(5) Green parking areas. Article XXII (Urban Design), section 55-928.

(6) Parking structures. Article XXII (Urban Design), section 55-929.

(7) Site and building access. Article XXII (Urban Design), section 55-930(a) and (b).

(8) Neighborhood connectivity. Article XXII (Urban Design), section 55-931.

(9) Location of utilities. Article XXII (Urban Design), section 55-932.

(10) Signs. Article XXII (Urban Design), section 55-933.

(11) Retaining walls; landscape berms. Article XXII (Urban Design), section 55-934.

(b) Building design guidelines. All projects in an MU district are subject to the following building design guidelines:

(1) Building design guidelines. Article XXII (Urban Design), section 55-935.

(c) Mixing of uses. All projects in an MU district shall include a mix of uses in accordance with the following provisions:

(1) Office. At least ten percent of the aggregate area of any MU district shall be used for office uses. “Office” shall mean a building designed and constructed to provide for office occupancy only. Such buildings shall be characterized by a single primary entrance, a central lobby serving as access to tenant suites, and when appropriate, multiple stories or include other design characteristics that differentiates it from typical in-line retail or other non-office use buildings. Commercial uses shall be allowed as incidental uses within the area set aside for office uses only if located within multi-story buildings.

Alternative compliance.

a. This requirement can be met by agreement between individual mixed-use districts at an intersection. Existing office developments at an intersection in excess of the ten percent requirement can be credited to adjacent mixed-use developments at the intersection to help meet the ten percent minimum requirement, provided the total minimum percentage of land devoted to office use is at least ten percent of the area of the combined developments.

b. In the event that the project provides for at least one multi-story, multi-use building, a lower percentage of office uses will be allowed. In such cases, the multi-story, multi-use building must contain a total square footage equal to one-eighth of the otherwise required ten percent office site area.

c. The required office use may be exchanged for approved residential uses by a factor of no less than two. For example, one acre of office use shall equal no less than two acres of residential use. Any residential use provided under this section shall contribute toward the pedestrian open space requirement of section 55-564(e) and comply with the build-to/set-back requirements for an internal main street.

(2) Fast food. No more than 12 percent of the aggregate area of any MU district may be used for free-standing fast food restaurants.

Alternative compliance.

a. This requirement can be met by agreement between individual mixed-use districts at an intersection. Existing developments with less than 12 percent of their land devoted to free-standing fast food restaurants can be aggregated with adjacent mixed-use developments at an intersection to allow for additional free-standing fast food restaurants in the adjacent developments, provided the total percentage of land devoted to this use does not exceed 12 percent of the area of the combined developments. In no event shall the land devoted to free- standing fast food restaurants at any one corner exceed 18 percent.

(3) Convenience Storage. No more than 10 percent of the aggregate area of any MU district may be used for a convenience storage use pursuant to the requirements of section 55-561 concerning mixed use districts and section 55-765(e) concerning supplemental use regulations for convenience storage.

(4) Residential Uses. Lots with approved residential uses shall have direct access to a public or private street system with a maximum block length of 600 feet and developed to standards for an internal main street within MU districts. Private streets shall be designed to City standards and may be located in an outlot.

(d) Circulation systems. In addition to the sidewalk area requirements of article XXII (Urban Design), section 55-924, all projects in an MU district shall comply with the following standards related to pedestrian systems:

(1) Projects shall be designed for pedestrians as well as automobiles and include a system of streets consisting of internal main streets, internal streets or access drives pursuant to section 55-32.

(2) Projects shall include a system of sidewalks and pedestrian pathways providing for clear and direct connections between the entrances of all buildings and adjacent developments, including, without limitation, residential developments.

(3) Buildings located on lots adjacent to perimeter streets must have access to both the perimeter and internal sidewalk system.

(4) Internal main street and internal street intersections shall be designed to facilitate pedestrian movement. Corner nodes or similar devices shall be used to define on- street parking areas and to limit the width of pedestrian crossings to be the same as the width of the traveled lanes. Pedestrian crossings shall be distinguished from other driving surfaces through the use of paving materials such as brick or colored concrete pavers, or equivalent.

(5) Uses which include drive through operations shall be designed in such a way as not to inhibit, block or restrict the pedestrian network within the development and primary pedestrian access to any building. Specifically, stacking space for vehicles must be sufficient so that vehicles waiting in line will not block sidewalks. Driveway crossings of areas designated as pedestrian plazas will also not be allowed.

(6) Lots abutting an internal street shall be limited to one unshared access from any internal street system.

(7) Internal main streets and internal streets shall not exceed 25 feet in width, except where additional width is provided to accommodate on-street parking or where the internal main street or internal street connects to an arterial street, or where turning movements are needed and are approved by the public works department.

(8) Traffic calming techniques such as on-street parking, corner nodes and bollards shall be utilized, where appropriate.

(9) Projects located adjacent to parks and trails shall make pedestrian connections to such parks and trails.

(10) Off-street bicycle parking shall be provided in accordance with section 55-745.

(11) Documentation shall be obtained from Metro Area Transit indicating whether a bus service is required for the project and, if so, how that bus service will be accommodated.

(12) Exceptions to pedestrian system standards: In cases where sites present exceptionally difficult terrain, site configuration or similar problems, alternative pedestrian systems will be considered provided such systems meet the intent of the circulation system standards outlined in this section (section 55-564(d)).

(e) Pedestrian oriented open spaces. Each MU district shall include a minimum amount of usable outdoor open space that is designed primarily as an enhancement of the pedestrian environment. Such usable outdoor open space(s) shall equal no less than 3% of the total lot area for each district and shall not include open space otherwise required by the zoning code such as landscaping or sidewalks. Such spaces shall be made available for public use and may be located in the public right-of-way, private property or an outlot and shall be described in a detailed exhibit that identifies all design elements, landscaping and contributing area. This requirement may be satisfied by one or a combination of the following design features.

(1) A pedestrian oriented streetscape serving any allowed use and conforming to the Build-to/Set-back requirements for an internal Main Street within MU districts.

(2) Dedicated pedestrian pathways in addition to required sidewalks pursuant to section 55-924. Such pathways shall be a minimum of 7 feet wide and may connect adjacent residential neighborhoods to the district, provide pedestrian connectivity through parking lots or provide trails through natural areas or other similar non-vehicular pathways. Pedestrian pathways shall have at least 6 feet of open space/ maintained landscaping on either side of the pathway.

(3) Enhancements to street sidewalk areas that exceed the minimum dimensions of section 55-924 and include pedestrian scaled street lights per the City’s urban design standards.

(4) Enhancements to building sidewalk area that exceeds the minimum dimensions of section 55-935(d)(8). Such area shall be no less than 25 feet wide and designed as a pedestrian oriented space as defined in section 55-925(a)(1)a.

(5) Enhancements to transit stop areas exceeding the minimum standard practice.

(6) Other design features considered part of the pedestrian network and approved through the special use permit process.

(7) A public plaza. Such area shall for pedestrian use only, be framed on three sides including no less than two building elevations, designed as a pedestrian oriented space as defined in section 55-925(a)(1)a and is connected to pedestrian network of the district and surrounding area.

(8) A town square.

(9) A park-like area.

(10) A playground or similar recreational feature.

(11) A performance stage/amphitheater.

(12) Access to natural environment areas, lakes, streams or similar natural areas.

(13) Storm water detention basins designed as park-like areas with pedestrian amenities and access.

(14) Other design features considered a pedestrian place and approved through the special use permit process.

(f) Baseline Location(s). The baseline for determining building location along internal main streets or internal streets shall be the property line but shall not be less than the minimum distance to accommodate sidewalks pursuant to section 55-924.

(1) Adjustments to the baseline. The baseline location and/or its geometry may be adjusted to accommodate one or more of the following conditions, provided that at minimum it shall be located so as to provide for the sidewalk requirements in section 55-924 and shall be approved by the planning director:

a. To accommodate irregular, non-parallel or unusual street alignment.

b. To accommodate irregular or unusual property lines.

c. To accommodate irregular or unusual building placement.

d. To provide for future street improvements.

e. To provide for acceleration, deceleration or turn lanes.

f. To provide for on-street parking.

g. To provide for a dedicated and permanent public amenity such as public art or a plaza.

(g) Green corners. All projects in an MU district located at the intersection of arterial streets shall provide a landscaped area at the intersection which shall extend approximately equal distances along each arterial street. The landscaped area shall be framed by adjacent buildings, structures or landscaping.

(1) Minimum area. The amount of landscaped area required at each corner shall be 5,000 square feet/quadrant, with a maximum dimension along each street of 80 feet measured along the property line.

(2) Clear area. A minimum of 40 percent of each green corner shall be included within a "clear area" where plant materials must be less than 30 inches in height. The 40 percent clear area shall include a "sight triangle" that extends a minimum dimension along each arterial street of 35 feet measured along the property line.

(3) Permitted sign locations and types. One business center sign in addition to those described in section 55-933(c) shall be permitted to be located adjacent to green corners only as shown on Figure 55-564(21), and shall not be permitted within the area of the green corner. Business center signs adjacent to green corners shall be monument signs no more than six feet in height as measured from average grade to the highest point of the sign structure, including any structural elements of the sign such as pillars or posts and shall contain no tenant advertising. All signs shall be constructed of masonry materials and have a masonry base. Internally illuminated signs are not allowed. This additional business center sign will not be allowed when a business center sign described in section 55-933(c) is located within 50 feet of the green corner.

(4) Building setbacks. There shall be no required minimum building setback from a green corner.

(5) Landscaping. Green corners shall be landscaped using a combination of over story and under story trees, shrubs and annual and perennial flowers to frame the green corner and define the edges of the green corner that are opposite the streets. Landscaping shall be arranged to preserve the 40 percent clear area required by section 55-564(f)(2), above. The minimum number of over story and under story trees shall be one tree for every 1,000 square feet of green corner.

(6) Grade separated intersections. Alternative designs that meet the size requirement and intent of the green corner regulations will be considered on a case by case basis for projects in MU districts that abut grade separated intersections. Developments that abut grade separated intersections will be allowed to arrange for the placement of an equivalent amount of landscaping at the public right-of-way provided the developer of the project reaches an agreement with the Nebraska Department of Roads and obtains the approval of the public works department.

(7) Notwithstanding anything contained in subsection (f)(1) through (6), an off-premises sign which is both existing and legally conforming immediately prior to the effective date of adoption of an MU district for the property on which such sign is located (provided, that the MU district is first made applicable to that property on some date after the effective date of this subsection (f)), shall continue to be deemed legally conforming, so long as it continues to comply with all other applicable provisions of this code.

See Figure 55-564(2), Green Corner.

(h) Stormwater detention areas. Areas in any project in an MU district required for stormwater detention shall be designed as visually appealing open space.

(1) Stormwater detention areas that are steep-walled, pit-like and require fencing for safety shall be screened from view with landscaping, berms, solid fencing or some combination of these features so that the detention area is not casually visible from adjacent plazas, open space, roadways or parking lots as shall any detention area steep enough to require a fence around the majority of the basin.

(2) Stormwater detention areas with engineered slopes greater than 3:1 shall be heavily landscaped.

(3) This section does not prohibit use of underground detention areas.

Figure 55-564(1)

Sec. 55-565. - Minimum area; application for approval; modifications.

(a) Minimum area. The minimum area of any MU district is three acres.

(b) Special use permit. All MU districts shall be subject to approval by the city council, through the special use permit procedure set forth in section 55-884 using the criteria set forth at article XXII (urban design), section 55-938. Such approval may be granted for a comprehensive development plan that is in conformance with applicable zoning provisions. All subsequent structures or developments shall be consistent with such development plan and the applicable zoning provisions.

(1) A detailed plat map or survey, including:

a. Lot identification number

b. Lot area (acres)

c. Property lines and dimensions

d. Public rights-of-way, both adjacent and interior

e. Easements

f. Survey certificate

g. Description of other site features, including drainage, soils or other considerations that may affect the development of the site.

(2) A development plan should include, as a minimum;

a. Property lines

b. Buildings footprints

c. Paved surfaces

d. Street types and sections

e. Landscaping and green corners

f. Pedestrian network and connectivity plan

h. Pedestrian oriented place design details

i. Storm water facilities

j. Business identification and or monument signs

k. Site statistics table containing the following information for each lot including summation of values as necessary:

1. Lot identification

2. Site area (acres)

3. Building use type

4. Building footprint (sq. ft.)

5. Building height/number of floors

6. Total building floor area

8. Number of parking stalls

(3) Detailed site plans as necessary

(4) Grading plans

(5) Building design/elevations

(6) A sign plan and sign budget table describing the site signage design and allocation of sign budget for each site.

(7) A traffic impact analysis, if required by the public works director, completed according to standards and requirements on file with the city clerk.

(d) Amendment to development plan. The planning director is authorized to approve an amendment to an approved development plan, provided that:

A written request for amendment is filed with the planning director, along with information describing the exact nature of the proposed amendment.

(2) The amendment is compliant with the provisions of this section.

(3) The amendment does not substantially alter aspects of the development plan, including traffic circulation, mixture of use types and physical design.

(4) Any proposed amendment not conforming to the provisions of this section 55-565(d)(2) through (3) above must be resubmitted to the planning board and the city council following the special use permit procedure. Either the applicant or the planning director may request the urban design review board to review and provide a recommendation on the issue of whether it requires resubmittal to the planning board and city council. After taking such recommendation into consideration, the planning director shall determine whether the proposed amendment must be resubmitted to the planning board and city council.

(e) Building, development permits. The permits and inspections division shall issue building or development permits consistent with the provisions of the approved development plan and any amendments thereof.

Secs. 55-566 - 55-569. - Reserved.

Sec. 55-570. – TOD transit oriented development district - General.

(a) Purpose. The purpose of the TOD, transit oriented development district, is to implement the city's master plan by facilitating infill development and redevelopment in those parts of the city which, because of their proximity to pedestrian oriented mass transit infrastructure, are considered of primary importance to create active, pedestrian oriented streetscapes and developments that vary in intensity and use which shall be referred to as "TOD” districts.

(b) TOD general characteristics

Building heights vary depending on context and proximity to transit stations;
Building entrances relate directly to the street and sidewalk with a strong uniform building line;
Buildings include a high degree of transparency;
Buildings provide a mixture of commercial, office and residential uses depending on context and proximity to transit stations;
Provide parallel or diagonal on-street parking or the potential for on-street parking on all streets;
Provide wide curbside landscaping and sidewalks;
Provide pedestrian-oriented streetscapes and street lighting;
No off-street parking between the building and the street;
Width of pavement of the adjacent streets is relatively narrow; a pedestrian can cross without much difficulty; buildings relate to one another across the street.

(c) Zoning district nomenclature. TOD districts will vary in terms of the development size and scale pursuant to section 55-574 and allowable uses pursuant to section 55-573. The zoning nomenclature will combine size/scale districts (TOD-1, 2, 3 and 4) and include a use type modifier (MX, MUR, MNR or SFA) to produce unique zoning districts. For example, a parcel zoned TOD-2-MUR would follow the TOD-2 site development regulations pursuant to section 55-574 and the uses allowed pursuant to section 55-573.

(d) Definitions.

Baseline location. For the purposes of determining build-to/set-back requirements pursuant to section 55-925, baseline locations for TOD districts shall coincide with the property line.

Building Height: Building height shall be measured as the vertical distance from the average grade of each elevation adjacent to the building to the highest structural element of the uppermost building story, excluding non-structural elements such as parapets and eaves. Occupied space within roof framing utilizing a pitch of less than or equal to 1:1, including dormers, which are less than 40% of the adjacent façade length, are excluded from the height calculation. Additional height exceptions are allowed pursuant to section 55-783.

Dominant pattern. A dominant pattern shall be defined as a consistent physical characteristic demonstrated by contiguous lots equal to not less than 70% of a block-face.

Sec. 55-571. - Applicability.

TOD district boundaries. The provisions of sections 55-570 through 55-578 shall apply to any project on a lot or site in a TOD district.

Conflict of provisions. Where the provisions of sections 55-570 through 55-578 conflict with the provisions of any other sections of the zoning code, the provisions of sections 55-570 through 55-578 shall control.

Cross reference to other applicable provisions. Each TOD district shall comply with the applicable sections of the zoning code using the equivalencies prescribed in the Table 1 – Equivalent Cross Reference Zoning. All other sections of the zoning code apply to TOD districts, specifically, but not limited to the following:

Article 16 – Supplemental Site Development Regulations
Article 17 – Performance Standards
Article 18 – Street and Sign Graphics Regulations
Article 19 – Non-conforming Development

Table 1 – Equivalent Cross Reference Zoning
TOD Use District	Equivalent Cross Reference Zoning
Mixed Use (MX)	Community Commercial (CC)
Mixed Urban Residential (MUR)	High Density Residential (R8)
Mixed Neighborhood Residential (MNR)	Medium Density Residential (R7)
Single Family Accessory (SFA)	Urban Family Residential (R5)

Sec. 55-572. – Street Design Standards.

Street design. Street design for TOD districts shall conform to the City of Omaha street design manual.

Block length. Development sites in TOD districts greater than 5 acres shall include intervening public or private street(s) connecting to the adjacent existing street system achieving block faces that do not exceed 350 feet.

Sidewalks. Refer to section 55-924 for sidewalk requirements.

Street lighting. Pedestrian oriented street lighting shall be provided for all new development or redevelopment in TOD districts in accordance with city standards for urban design districts.

Alternative lot access. Alternative lot access may be provided as approved by the Director of Public Works in accordance with alternative City standards.

Sec. 55-573. - Uses.

TOD districts shall include a mixture of compatible use types divided into two general groups; those including a mixture of compatible commercial, office, civic and residential (MX) and those including a mixture of compatible residential uses (MUR, MNR and SFA). TOD district zoning classification shall include one of the following use categories:

55-573 Table 1 – Allowed Uses

KEY: P=Permitted Use C=Conditional Use SP=Special Use	MX	MUR	MNR	SFA
Residential use types:
Single-family residential (detached)		P	P	P
Single-family residential (attached)		P	P	C
Duplex residential	P	P	P	C
Two-family residential	P	P	P	C
Townhouse residential	P	P	P	C
Multiple-family residential	P	P	P
Large group living	P	C	SP	SP
Mobile home residential
Assisted living	P	P	P	SP
Live-work residential	P	P	P	P
Small group living (disabled)	C	P	P	P
Small group living (nondisabled)	C	P	C	SP
Office use types (note 1):
General offices	P	C	SP
Financial services	P
Medical offices	P
Commercial use types:
Agricultural sales and services
Automotive and equipment services
Automotive washing
Service Station	P
Automotive rentals
Automotive sales
Equipment rental and sales
Automotive repair services	C
Equipment repair services
Vehicle storage
Body and fender services
Building maintenance services	P
Business support services	P
	MX	MUR	MNR	SFA
Business or trade schools	P
Campground
Cocktail lounge	P
Commercial recreation
Indoor sports and recreation	C
Outdoor sports and recreation
Indoor entertainment	P
Outdoor entertainment	SP
Communication services	P
Construction sales and services	SP
Consumer convenience services	P
Consumer repair services	P
Convenience storage
Exterminating services	SP
Food Sales
Limited food sales	P
General food sales	P
Convenience food sales	P
Funeral Services	P
General retail sales	P
Lodging services
Hotels and motels	P
Bed and breakfast inns	P
Kennels
Laundry services	C
Liquor sales	P
Pawnshop services	P
Personal improvement services	P
Personal services	P
Pet services	P
Research services	C
Restaurants
Restaurants (Drive-in or fast-food)
Restaurants (Limited)	P
Restaurants (General)	P
Surplus sales	SP
Stables
Veterinary services	P
Civic use types:
Administrative services	P
Cemetery
Club
	MX	MUR	MNR	SFA
Social	P
Recreational	P
College and university	P
Community Recreation
Convalescent services
Cultural services	P
Day care
Limited	P
General	P
Detention facilities
Emergency residential care	P
Transitional living	SP
Guidance services	P
Hospital services (limited)	P
Hospital services (general)	P
Local utility services	P
Maintenance and service facilities
Major utility facilities
Military installation
Noncommercial day shelters
Park and recreation services	P
Postal facilities	P
Primary educational facilities	C
Public assembly	C
Religious assembly	P
Safety services	C
Secondary educational facilities	P
Parking:
Surface parking	C
Parking structure	C
Transportation:
Aviation facilities
Railroad facilities
Dock facilities
Transportation terminal	SP
Truck terminal
Industrial:
Custom manufacturing	SP
Light industry	SP
General industry
Heavy industry
Resource extraction
	MX	MUR	MNR	SFA
Scrap and salvage services
Stockyards
Warehousing and distribution (limited)
Warehousing and distribution (general)
Constructions yards
Meat packing and related industries
Agricultural:
Horticulture
Crop production
Animal production
Commercial feedlots
Miscellaneous:
Broadcasting tower
Construction batch plant
Wind energy conservation system (WECS)	SP
Nonputrescible landfill
Putrescible and nonputrescible landfill

Accessory Dwelling Units (ADU). One ADU may be constructed on lots within TOD districts that include an approved single family detached use. An ADU shall be approved using the conditional use permit procedure described in section 55-883 and must comply with applicable standards for ADUs pursuant to section 55-763(g).

Sec. 55-574. – Site development regulations.

55-574, Table 1 - Site Development Parameters (4)

TOD-1

TOD-2

TOD-3

TOD-4

Lot Area (min. s.f.)(1)

5,000

2,000

Lot Width (min.)

50’

35’

20’

Front Yard Build-to/Setback

55-925

55-925 (2)

Street Side Yard Build-to/Setback

55-925

Interior Side Yard Setback – MX districts

0’

Interior Side Yard Setback – MUR, MNR and SFA districts

5’

Rear Yard Setback (3)

5’

10’ (3)

Impervious Coverage (max.)

90%

85%

80%

70%

Notes:

Minimum lot area may be reduced if part of an attached housing development provided that the maximum building footprint for the common structure is not exceeded.
The Front Yard Build-to/Setbacks for residential use only buildings shall be the greater of either, a) section 55-925 or, b) the average setback demonstrated by the dominant pattern of the existing context pursuant to section 55-570(d)3.
Rear yard setbacks may be reduced by 70% when located on an alley.
Sec 55-576(g) for additional setback requirements.

55-574, Table 2 - Building Size Parameters

Street Type

TOD-1

TOD-2

TOD-3

TOD-4

Max Height (1)

Max Footprint s.f. (3)

Max Height (2)

Max Footprint s.f. (3)

Max Height

Max Footprint s.f. (3)

Max Height

Max Footprint

s.f. (3)

Max. Base Height (4)

Arterial

96' max

20,000

60' max

10,000

36' max

5,000

60’ base

36' base

Collector

60' max

15,000

48' max

7,500

36' max

3,750

48' base

36' base

Local

60' max

10,000

48' max

5,000

36' max

2,500

48' base

36' base

Key: UL = Unlimited NR = Not Required

Notes:

1. 1. The minimum height for TOD-1 districts shall be the 4 stories.
  2. The minimum height for TOD-2 districts shall be 2 stories.
  3. Maximum footprint restriction only applies to MUR, MNR and SFA use categories.
  4. Refer to section 55-576(a) for maximum façade heights applied to the base of buildings.

Sec. 55-575. - Urban design standards.

Development within TOD districts shall comply with the urban design standards set forth in the following sections unless modified by sections 55-570 through 55-578:

(a) Sidewalk areas. Article XXII (urban design), section 55-924

(b) Build-to/set-back lines. Article XXII (urban design), section 55-925

(d) Screening of service areas. Article XXII (urban design), section 55-927

(e) Green parking areas. Article XXII (urban design), section 55-928

(f) Parking structures. Article XXII (urban design), section 55-929

(g) Site and building access. Article XXII (urban design), section 55-930

(h) Neighborhood connectivity. Article XXII (urban design), section 55-931

(i) Location of utilities. Article XXII (urban design), section 55-932

(j) Signs. Article XXII (urban design), section 55-933

(k) Retaining walls; landscape berms. Article XXII (urban design), section 55-934

(l) Building design guidelines. Article XXII (urban design), section 55-935

Sec. 55-576. – Supplemental standards.

Maximum height for base of buildings. Principal exterior building facades greater than the maximum base height set forth in section 55-574, Table 2, shall step back a minimum of 10 feet for at least 70% of each street facing façade.
Building Frontage. Buildings or approved structures shall occupy a minimum of 70% of the buildable street frontage for at least one street facing facade pursuant to section 55-925, Build-to/Set-backs. Sites with multiple street frontages shall meet this requirement along the principal transit corridor, if adjacent, or the longest street facing façade.
Vehicular parking and access.
1. On-street parking. Parking shall be provided on all public streets to the extent feasible and as approved by both the Director of Public Works and the Director of the Planning Department. On street parking adjacent to a property may be counted towards the minimum parking requirement.
2. Minimum parking. The minimum number of required parking spaces for TOD-2, TOD-3, TOD-4 districts shall be 50% of the required parking spaces pursuant to section 55-734. TOD-1 districts shall have no minimum parking requirement. The minimum parking requirements of this section shall not exceed the requirement of existing zoning prior to adoption of this code and or the rezoning to a TOD district.
3. Maximum parking area. On-site surface parking lots and drive lanes for TOD districts shall not exceed 35% of the total buildable lot area.
4. Vehicle circulation and location. Vehicle areas such as parking lots, drive lanes and other vehicle oriented site features and circulation shall not be located between a street facing façade and the street, as set forth in section 55-925, or closer to an adjacent street than the adjacent building façade.
5. Alleys. When a serviceable alley is available to a lot zoned for MUR, MNR or SFA residential uses and that lot contains two or more units, access shall be provided from the alley. A serviceable alley is one that has current and active use and a right-of-way width 16 feet or greater.
6. Garage doors. Garage doors shall be designed to minimize their exposure along public streets and sidewalks.
  1. Street facing facades shall include no more than one, two-way garage door or two, one-way garage doors. In no case shall the garage door width exceed 50% of the street facing façade. Attached housing and zero lot line buildings shall be considered one street facing façade.
  2. Garage doors shall not extend closer to the street than the longest street facing wall.

Bicycle Parking. Off-street bicycle parking shall be provided in accordance with section 55-745.

On-site pedestrian circulation. An on-site pedestrian circulation system shall be provided and meet the following requirements:
1. The pedestrian system shall connect all adjacent public rights-of-way to all main building entrance(s), to all buildings on-site and other areas of the site likely to be used by pedestrians, such as parking areas, bicycle parking, recreational areas, common outdoor areas, and pedestrian amenity features. The connection shall follow a direct route and not involve significant out-of-direction travel for system users.
2. The pedestrian system must be paved and be at least 5 feet in width.
3. Where the sidewalk or on-site pedestrian circulation system crosses driveways, parking areas or loading areas, it must be clearly differentiated to avoid conflict between pedestrians and traffic through the use of consistent sidewalk grade across driveways or raised pedestrian crossings. Painted demarcation does not meet this requirement.

Building Design, supplemental requirements - general.
1. Transparency. The minimum transparent area pursuant to section 55-926 shall be increased to no less than 50%. The minimum transparency for street facing facades above the first floor shall be no less than 30%.
2. Signs. Building signs shall not be placed higher 30 feet above finished grade.

Building design, supplemental requirements - residential use only buildings.
1. Ground floor entrances. The following provision(s) apply to ground floor residential unit entrances that are located 20 feet or less from a baseline, public right-of-way, sidewalk or adjoining property line.
  1. The residential unit entrances shall be designed to include a public-private transitional element such as a porch, elevated stoop, enclosed patio, forecourt or other approved design treatment. Such features shall be no less than 7 feet in any dimension, no less than 50 square feet in total area and shall be defined by permanent vertical architectural elements such as walls, railing, roof, fences, columns, trellis or similar features.
  2. Facades containing residential entrances facing an interior side lot line shall be set a minimum of 15 feet back from the adjoining property.
2. Exterior stairs. Exterior stairs providing access to residential units shall not exceed 60 inches in total height above grade. Stairs exceeding this dimension shall be located internal to the building or be integrated into the architectural design and, or grade of the site.
3. Ground floor elevation. The following provision(s) apply to ground floor residential units that are located 15 feet or less from a baseline, public right-of-way, sidewalk or adjoining property line. Ground floor residential units shall be elevated an average height of 36 inches and no less than 18 inches above adjacent grade unless provided with a street facing entrance pursuant to section 55-576(g)(1).
4. Projecting balconies. Balconies shall be fully or partially integrated into the building façade and shall extend no further than 24 inches from the adjacent street facing façade.
5. Roof forms. Residential only buildings located in TOD-3 and TOD-4 districts shall include roof forms that are similar to the dominant pattern of the existing context. See 55-570(d) for definition of a dominant pattern.

Screening and separation of uses. Screening and separation requirements shall apply to adjoining rear and side lot property lines for all TOD districts, pursuant to Table 4 – Screening and Separation, when adjacent to an existing developed residential lot of two or fewer units. The following types of screening shall be used:

1. Type A: Fence/wall. Provide a 6 foot minimum high opaque fence/wall.
2. Type B: Landscape screen. Provide a 10 foot minimum wide continuous landscaping strip providing a hedge-like screen or a random and informal screen of evergreen or approved deciduous plant material, capable of providing a substantially opaque barrier and attaining a minimum height of six feet within three years of planting. A landscape screen shall be planted initially at minimum spacing and size consistent with the City of Omaha's Standards for Urban Landscaping, which is on file with the Planning Director.
3. Type C: Vertical landscape screen. Vertical screening shall be provided by means of a 10 foot minimum wide continuous landscaping strip planted with 2 inch minimum caliper trees reaching a minimum mature height of 25 feet and spaced no less than 15 feet apart.

Table 4 - Screening and Separation
Use	Required screening type(s)	Min. separation from property line
Building entrance	A or B	15'
Building height between 36 feet and 60 feet	A and C	15'
Building height exceeding 60 feet	A and C	25’
Dumpster (1)	A	25'
Loading dock	A or B	25’
Parking lot	A or B	10'
Notes: Refer to section 55-927 for additional screening requirements.

Sec. 55-577. - Reserved.

Sec. 55-578.-Administrative Procedures.

Urban design site plan review. All projects within TOD districts shall require urban design site plan approval pursuant to Article XXII - Urban Design, section 55-937.

Sec. 55-579-55-580. - Reserved.

Section 8. That Section 55-719 of the Omaha Municipal Code is hereby amended to read as follows:

Sec. 55-719. - Performance bond.

(a) If, at the time of an application for a certificate of occupancy, any required landscaping is unable to be installed due to climatic conditions, the developer or owner of a site must submit surety (by bond, letter of credit or other security approved in writing by the city attorney) satisfactory to the city in the amount of the value of a bona fide contract to install such landscaping. Such a contract must be reviewed and approved by the permits and inspections division. Landscaping bonds will only be issued from November 15th through April 15th unless otherwise approved by the Planning Director.

(b) The developer or owner shall grant the city permission to enter upon the land to install required landscaping if this has not been done within 12 months of the effective date of the certificate of occupancy.

(c) The city shall release any bond or other arrangement immediately when the permits and inspections division verifies that required landscaping has been installed.

(d) These provisions shall not apply to single-family, duplex or two-family residential uses except when a specific landscaping plan has been approved by the planning board and/or the city council.

Section 9. That Sections 55-731 through 55-760 of the Omaha Municipal Code is hereby amended to read as follows:

Sec. 55-731. - Purpose.

This article shall be known as the off-street parking and loading regulations. These regulations require off-street parking and loading facilities in proportion to the need created by each use. The regulations further establish standards for the functional design of such facilities. These regulations are intended to provide for accommodation of vehicles and bicycles in a functionally and aesthetically satisfactory manner, to reduce congestion on city streets, and to minimize external effects on adjacent land uses.

Sec. 55-732. - General off-street parking regulations.

(a) Terminology. Unless “bicycles” or “bicycle” are specifically noted, all references to “parking spaces”, “parking stalls”, “parking facilities” or “off-street parking” in this article refer to parking that is intended for use by motorized vehicles and not by bicycles. All provisions of this article that are applicable to bicycle parking include the term “bicycle” or “bicycles.”

(b) Applicability. Off-street vehicle and bicycle parking shall be provided for any new building constructed, for new uses or conversions of existing conforming buildings, or for enlargements of existing structures.

(1) For new uses, conversions or enlargements of existing conforming buildings, off-street parking in compliance with these regulations shall be provided for the entire facility before issuance of a certificate of occupancy by the planning department.

(2) For enlargements of existing structures or uses which do not conform to these regulations, required parking must equal the sum of those spaces furnished by the use prior to the enlargement and the number of spaces required by these regulations for any additional use area.

(c) Reduction in off-street parking facilities. No existing facility used for off-street vehicle or bicycle parking on the effective date of this chapter [March 4, 1987] shall be reduced in capacity to less than the minimum required number of spaces, or altered in design or function to less than the minimum standards prescribed by this section. A reduction of spaces may be permitted by the planning director if an additional off-street parking area compensating for the reduction and conforming to these regulations is substituted.

(d) Multiple uses on site. For sites with more than one use, the vehicle and bicycle parking requirement shall be the sum of spaces required for each use, except as adjusted pursuant to section 55-736.

(e) Application of design standards. All parking facilities constructed or substantially reconstructed after the effective date of this chapter [March 4, 1987] shall comply with section 55-740, "Off-street parking design standards."

(f) Maintenance and use of off-street parking facilities. All required off-street vehicle or bicycle parking facilities shall be maintained for the duration of the use requiring such facilities. Such facilities are to be used solely for the temporary parking of personal vehicles or bicycles. Personal vehicles include passenger cars, vans, pickup trucks, recreational vehicles, trailers under 20 feet in length, and boats. Off-street parking facilities may not be used for the sale, display or storage of merchandise, or for the storage and repair of vehicles or equipment.

Sec. 55-733. - District exemptions.

Any use within the CBD central business district or NBD neighborhood business district is exempt from the off-street parking requirements provided by section 55-734. Any use within a TOD transit oriented development district shall provide off-street parking in accordance with Section 55-576. Any off-street parking facility constructed in these districts after the effective date of this chapter [March 4, 1987] must comply with the design standards set forth in section 55-740. Bicycle parking requirements provided by section 55-745 only apply within the following zoning districts: MU mixed use district, and all TOD transit oriented development districts.

Sec. 55-734. - Schedule of off-street parking requirements.

Parking facilities for each use shall be provided in accord with the minimum requirements set forth in table 55-734.

(1) When a computation of required parking results in a fraction of 0.5 or greater, the requirement should be rounded up to the next whole number.

(2) Unless otherwise indicated, parking requirements are based on gross floor areas. Gross floor areas for the purpose of this computation do not include enclosed areas devoted to off-street parking or loading.

(3) When parking requirements are computed on the basis of capacity, capacity shall be determined by the building code applicable in the city at the time the use is established.

TABLE 55-734. OFF-STREET PARKING REQUIREMENTS

(Requirements Based on Gross Floor Area Unless Otherwise Noted)

Use Types	Minimum Off-Street Parking Requirements

Agricultural Use types:
Horticulture	1 space per 1,000 square feet of total sales area
Crop production	No requirement
Animal production	No requirement
Commercial feedlot	No requirement

Residential use types:
Single-family residential	2 spaces per dwelling unit
Duplex residential	1.5 spaces per dwelling unit
Two-family residential	1.5 spaces per dwelling unit
Townhouse residential	2 spaces per dwelling unit
Multiple-family residential:
Efficiency	1 space per dwelling unit
One Bedroom	1.5 spaces per dwelling unit
Two bedrooms and over	2 spaces per dwelling unit
Assisted living:	See schedule C
Independent housing	1 space per dwelling unit
Semi-dependent housing	1 space per 2 dwelling units
Dependent living	1 space per 4 bedrooms
Mobile home residential:
Residence park	2 spaces per dwelling unit
Subdivisions	2 spaces per dwelling unit
Large group living	1 space per 2 residents
Small group living	1 space per 2 residents

Civic use types:
Administrative services	1 space per 300 square feet
Cemetery	See schedule B
Social or recreational clubs	1 space per 4 person total capacity
College or university	See schedule B
Convalescent services	1 space per 4 beds plus 1 space per 2 employees on maximum shift
Cultural services	1 space per 1,000 square feet
Day care	1 space per 4 person licensed capacity
Detention facilities	See schedule B
Transitional living	1 space per 2 person permitted capacity
Guidance services	1 space per 300 square feet
Hospital services (limited)	1 space per 500 square feet
Hospital services (general)	1 space per bed patient capacity
Local utility services	No requirement
Emergency residential care	1 space per 2 person residential capacity
Maintenance and service facilities	See schedule A
Major utility facilities	See schedule B
Military installations	See schedule B
Park and recreation services	See schedule B
Postal facilities	See schedule A
Primary educational facilities	1 space per employee on largest shift
Public assembly	1 space per 4 person capacity
Religious assembly	1 space per 4 person capacity of largest place of public assembly
Safety services	See schedule B
Secondary educational facilities	1 space per employee on largest shift, plus 1 space per each 4 students in 11th and 12th grades

Office use types:
General offices	1 space per 300 square feet
Financial services	1 space per 300 square feet
Medical offices	1 space per 200 square feet

Commercial use types:
Agricultural sales and service	See schedule A
Automotive and equipment services:
Automotive washing	See section 55-765(b)
Service station	3 times service capacity
Auto rentals	See schedule A
Auto sales	See schedule A
Equipment rental and sales	See schedule A
Auto repair services	4 spaces per repair stall
Equipment repair services	See schedule A
Vehicle storage	See schedule A
Body and fender repair services	4 spaces per repair stall
Building maintenance services	1 space per 500 square feet
Business support services	1 space per 500 square feet
Business or trade school	1 space per 4 students
Campground	1 space per camping unit
Cocktail lounge	1 space per 100 square feet of lounge area, excluding restrooms, hallways, storage areas, kitchen area, and service area

Commercial recreation:
Indoor sports and recreation:
Bowling alley	4 spaces per alley
Tennis or racquetball court	2 spaces per court
Other uses	See schedule B
Outdoor sports and recreation:
Golf courses	50 spaces per 9 holes
Swimming pools	1 space per 100 square feet of water surface
Tennis or other court games	2 spaces per court
Miniature golf	1.5 spaces per hole
Other uses	See schedule B
Indoor entertainment:
Theaters	1 space per 4 seats
Other uses	1 space per 4 person capacity
Outdoor entertainment:
Spectator uses	Smaller of 1 space per 4 seats or 50 square feet of seating area
Other uses	1 space per 400 square feet of site area
Communications services	1 space per 500 square feet
Construction sales and service	See schedule A
Consumer convenience services	1 space per 50 square feet of customer area
Consumer repair services	1 space per 300 square feet
Convenience storage	1 space per 300 square feet of office, with a minimum of 3 spaces per facility
Exterminating services	1 space per 800 square feet
Food sales (limited)	1 space per 300 square feet
Food sales (general)	1 space per 200 square feet
Food sales (convenience)	1 space per 200 square feet
Funeral services	1 space per 4 person capacity in largest place of public assembly
General retail services or multi-tenant retail centers with greater than 10,000 square feet of gross retail floor area	1 space per 250 square feet
Hotel and motel	1 space per unit
Kennels	1 space per employee, plus 1 space per 1,000 square feet
Laundry services	1 space per 300 square feet
Liquor sales	1 space per 200 square feet
Pawnshop services	1 space per 300 square feet
Personal improvement services	1 space per 300 square feet
Personal services	1 space per 500 square feet
Pet services	1 space per 300 square feet
Research services	1 space per 500 square feet
Restaurant (drive-in)	The greater of 1 space per 40 square feet of customer service or dining area or 1 space per 150 square feet of gross building area
Restaurant (limited)	1 space per 4 person capacity in dining area
Restaurant (general)	1 space per 4 person capacity in dining area
Skilled trades	1 space per 500 square feet
Small engine sales and service	1 space per 300 square feet
Stables	1 space per employee
Surplus sales	See schedule A
Veterinary services	1 space per 500 square feet

Transportation use types:
Aviation facilities	See schedule B
Railroad facilities	See schedule B
Dock facilities	See schedule B
Transportation terminal	See schedule B
Truck terminal	See schedule B

Industrial use types:
Construction yards	See schedule A
Custom manufacturing	See schedule A
Light industry	See schedule A
General industry	See schedule A
Heavy industry	See schedule A
Resource extraction	1 space per employee on largest shift
Scrap and salvage services	See schedule A
Stockyards	1 space per employee on largest shift
Meat packing and related industries	1 space per employee on largest shift
Warehousing and distribution (limited)	See schedule A
Warehousing and distribution (general)	See schedule A

Miscellaneous uses:
Landfills	See schedule B

SCHEDULE A

This schedule sets forth minimum off-street parking requirements for uses with elements having different functions or operating characteristics.

Function of Element	Requirement
Office or administrative activity	1 space per 300 square feet
Indoor sales, display or service area	1 space per 500 square feet
Outdoor sales, display or service area	1 space per 2,000 square feet
Equipment servicing or manufacturing	1 space per 1,000 square feet
Indoor or outdoor storage, or warehousing	1 space per 5,000 square feet

SCHEDULE B

Specific requirements shall be determined by the directors of planning and public works. Requirements shall be based on requirements for similar uses, location of proposed use, expected demand and traffic generated by the proposed use, and appropriate traffic engineering and planning criteria and information. Determination of requirements may be appealed to the zoning board of appeals.

SCHEDULE C

When all three components of assisted living as described in section 55-43(h)(1)(2)(3) are combined into a common project, the parking requirements may be adjusted if the development meets facility location standards with sidewalk access to basic facilities. To qualify for a parking adjustment the independent and semi-dependent housing developments must score a minimum 17 points, and a dependent living development must score a minimum of 15 points from the facility location standards shown in Exhibit 55-734.

Sec. 55-735. - Parking facility location.

(a) Residential parking. Off-street parking for single-family, duplex, two-family residential uses and mobile home subdivisions shall be located on the same lot or site as the use generating the requirement. Off-street parking for other residential uses may be located on the same lot or site as the use generating the requirement or on an adjacent lot or site in the same or a more intensive zoning district.

(1) Off-street parking areas for multifamily or large group living uses shall not be located within a required front or street side yard.

(2) Parking areas for multifamily or large group living uses shall be at least six feet from any main building.

(b) Nonresidential parking. Off-street parking for nonresidential uses shall be on the same lot or site as the use generating the requirement or within 300 feet of that use if zoned for such parking, measured from the nearest property line to the nearest point of the off-street parking facility. Off-street parking for nonresidential uses in residential zoning districts shall not be located within a required front or street side yard.

Sec. 55-736. - Adjustment for mixed use developments.

(a) Different uses within a mixed use development may have complementary parking demands. This can result in a parking requirement that is less than the sum of required parking for each use considered separately. This provision is designed to prevent excessive requirements for off-street parking in mixed use developments.

(b) The planning board may authorize an adjustment in the total parking requirement for separate uses located on the same site or for separate uses located on adjoining sites and served by a common parking facility.

(c) An application for such an adjustment must include a site plan showing location of parking and extent of various uses, the requested reduction in the parking requirement, and a transportation engineering report addressing the criteria established in paragraph (e) below.

(d) All parking spaces subject to the mixed use adjustment must be located in a common, contiguous facility, nearly equally accessible and usable to all uses which it serves.

(e) The planning board shall consider at least the following criteria in determining approval of a mixed use adjustment:

(1) The characteristics and time of operation of each use, and differences in projected peak parking demand.

(2) Potential reduction in total expected vehicle movements afforded by multiple uses of the parking facilities.

(3) Functional design of the development and its parking facilities.

(4) Recommendations of the planning director and the public works director.

(f) The planning board may require such guarantees which it considers necessary to assure the continued availability, maintenance and operation of the parking facility.

Sec. 55-737. - Compact car parking.

(a) Each parking facility may provide a maximum of 40 percent of its spaces for compact cars.

(b) Dimensions for compact spaces are set forth in section 55-740, "Off-street parking design standards."

(c) Compact spaces shall be located in groups of five or more contiguous spaces, be appropriately identified by markings, and be located in a manner affording the same convenience as standard stalls.

Sec. 55-738. - Handicapped parking.

(a) Off-street parking facilities shall provide parking spaces specifically designed, located, signed and reserved for vehicles licensed for use by the handicapped, according to table 55-738.

TABLE 55-738. HANDICAPPED PARKING
REQUIREMENTS

Total Parking Spaces	Accessible Parking Spaces
Up to 25	1
26 to 50	2
51 to 75	3
76 to 100	4
101 to 150	5
151 to 200	6
201 to 300	7
301 to 400	8
401 to 500	9
501 to 1,000	2% of total
Over 1,000	20 plus 1 for each 100 over 1,000

(b) Design criteria and dimensions for handicapped spaces are set forth in section 55-740, "Off-street parking design standards."

(c) Off-street parking facilities for single-family, duplex, two-family and townhouse residential uses located on the same lot or site shall be exempt from handicapped parking requirements.

Sec. 55-739. - Bonus provisions.

(a) Bicycle parking bonus.

(1) A use may substitute bicycle parking for a maximum of five percent of its minimum off-street parking requirement.

(2) For the purpose of calculating a permitted substitution, one completely enclosed and secure bicycle locker is the equivalent of one vehicle parking space; four spaces in a bicycle rack are the equivalent of one vehicle parking space; one bicycle repair or service station that is accessible to residents, tenants, employees, or members of the public and includes an air pump and tools to complete simple repairs is the equivalent of one vehicle parking space.

(3) Bicycle parking facilities shall meet the standards defined by Sec. 55-745 (a) to be counted as a permitted substitution.

(b) Bike-share service bonus.

(1) The number of required vehicle parking spaces is reduced by two spaces for uses that provide a space for a city-approved bike-share program facility with a minimum of five bicycle docks in a location approved by the Planning Director and, if in the adjacent public right-of-way, also by the Public Works Director.

(1) The off-street parking requirement for ~~such~~ a use may be reduced by five percent if an entrance of the building having such use is within ¼ mile of a transit stop designated by Metro Area Transit and by ten percent if an entrance of a building having such use is within 300 feet of a transit stop designated by Metro Area Transit.

(2) This public transit access bonus provision shall apply only if there is a reasonably direct and accessible pedestrian route provided between the building entrance for the use in question and the adjacent street that is nearest to where the transit stop is located.

(3) This public transit access bonus provision shall not apply in any TOD transit oriented development districts.

Sec. 55-740. - Off-street parking design standards.

(a) Standards. This section establishes minimum standards for the design, construction and maintenance of off-street parking areas.

(b) Dimensions.

(1) Standard parking stalls must comply with minimum dimensions specified in Table 55-740(1) and Figure 55-740 (following this section). The standard size parking stall shall be at least nine feet wide and 18 feet long.

TABLE 55-740(1). STANDARD PARKING
LAYOUT DIMENSIONS

Parking Pattern or Angle	Curb Length per Car (B) (feet)	Parking Space Depth (A) (feet)	Drive Aisle Width (C) (feet)
0°	21	8	12
45°	12.7	19	13
60°	10.4	20	16
75°	9.3	19.7	22
90°	9.0	18	24

(2) Compact parking stalls as required by section 55-737 shall be eight feet in width and 16 feet in depth. These stalls shall comply with minimum dimensions specified in Table 55-740(2) and Figure 55-740.

TABLE 55-740(2). COMPACT PARKING
LAYOUT DIMENSIONS

Parking Pattern or Angle	Curb Length per Car (B) (feet)	Parking Space Depth (A) (feet)	Drive Aisle Width (C) (feet)
0°	19	8	11
45°	11.3	17	11
60°	9.2	17.9	14
75°	8.3	17.5	17.5
90°	8	16	20

(c) Vehicle overhang. Where parking stalls lie adjacent to landscaped areas, the paved depth of the stalls may be decreased by two feet to provide for a vehicular overhang area. The vehicular overhang area may not encroach into a required landscaped area or public sidewalk.

(d) Design requirements for parking reserved for the handicapped.

(1) Accessible parking spaces for individual vehicles shall have a minimum width of eight feet plus an adjacent access aisle.

(2) Parking access aisles shall be part of an accessible route to the building or facility entrance and adjoin each handicapped space. Two accessible parking spaces may share a common access aisle. Parked vehicle overhangs shall not reduce the clear width of an accessible route. Standard access aisles must be five feet wide. Parking spaces and access aisles shall be level with surface slopes not exceeding 1:50 (two percent) in all directions.

(3) One in every eight accessible spaces, but not less than one shall be served by an access aisle eight feet wide minimum and shall be designated "Van Accessible" as required below. All such spaces may be grouped on one level of a parking structure.

(4) A minimum vertical clearance of 98 inches must be provided at each parking space and along at least one vehicle access route from site entrance(s) and exit(s).

(5) Accessible parking spaces serving a particular building shall be located on the shortest accessible route of travel from adjacent parking to an accessible entrance. In parking facilities that do not serve a particular building, accessible parking shall be located on the shortest accessible route of travel to an accessible pedestrian entrance of the parking facility. In buildings with multiple accessible entrances with adjacent parking, accessible parking spaces shall be dispersed and located closest to the accessible entrances.

(6) Access routes from parking spaces to entrance or elevator must be barrier-free and not require users to walk or wheel behind parked cars. Any intervening curb on this route must include a curb cut for handicapped access that is not less than three feet wide with a gradient of not more than one foot in 12 feet.

(7) Accessible parking spaces shall be designed as reserved by a sign showing the symbol of accessibility. Van accessible spaces shall have an additional sign "Van Accessible" mounted below the symbol of accessibility. Such signs shall be located so they cannot be obscured by a vehicle parked in the space.

(e) Paving and drainage.

(1) Off-street parking facilities shall be surfaced and maintained with asphalt, concrete, brick or other permanent hard surfacing material sufficient to prevent mud, dust or loose material. Surfaces which are pervious, but still provide a hard surface, are acceptable.

(2) Off-street parking facilities shall provide a storm drainage system approved by the public works director. The system shall prevent the free flow of water onto adjacent properties or public rights-of-way.

a. An interior storm drainage system, connected to the city storm sewer system if reasonably available, is required for all parking facilities one acre or larger in size per drainage area. This requirement may be waived by the public works director.

b. Facilities under one acre may utilize surface drainage and may cross sidewalks at driveways or through flumes under sidewalks.

(3) A paved, hard surfaced driveway shall be installed and maintained, providing a connection between (a) any parking facility, garage, carport, or other structure capable of storing a personal vehicle, and (b) a curb cut along the adjoining street.

(f) Landscape requirements. Interior and perimeter landscaping shall be provided for all parking facilities, other than parking structures, to buffer the facility from surrounding properties and rights-of-way; reduce the environmental effects of large, hard-surfaced area; and improve the retention and absorption of storm water runoff. Parking facilities with an area of less than 4,000 square feet shall be exempt from interior landscaping provisions; parking facilities with an area of less than 2,000 square feet shall be exempt from both interior and perimeter landscaping provisions.

(1) Recommended minimum design and performance standards for all landscaping, including plant lists, are contained in the City of Omaha's Standards for Urban Landscaping, adopted by the city council and on file with the planning director. All landscaping shall comply with the provisions set forth in article XIII, "Landscaping and Screening" (section 55-711 et seq.).

(2) Perimeter landscaping shall include the continuous landscaped area(s) which constitute the physical edge that surrounds the parking facility, and may include or be part of any side, front or rear buffer yard.

(3) Interior landscaped area shall include that landscaped area within the outmost limits of the parking facility, not including side, front or rear buffer yards; or perimeter landscaping.

(4) Each unenclosed parking facility shall provide minimum perimeter landscaping of at least five feet along each side property line, and ten feet along street property lines. Perimeter landscaping shall be increased to a ten-foot minimum width where adjacent to residential districts.

(5) Each unenclosed parking facility shall provide interior landscaping equal to no less than five percent of the total paved area of the parking facility. Properties within the DS downtown service district, GI general industrial district, or HI heavy industrial district shall be exempt from this requirement.

(6) Interior landscaping shall constitute credit toward the satisfaction of overall landscaping requirements set forth in section 55-715.

(7) All landscaping shall be protected with concrete curbs or barriers with equal performance and shall be continuously maintained free of weeds, debris and litter.

(g) Screening requirements. Any parking facility which abuts property in a residential district shall provide a fence, wall or landscape screen not less than four feet in height for the length of the common boundary. A grade change, terrace or other design feature which effectively blocks the sight line of headlights into the residential property may satisfy this requirement, subject to the approval of the planning director.

(h) Entrances and exits.

(1) Adequate access to each parking facility must be provided by means of clearly defined and limited driveways in conformance with design standards established by the public works department and on file with the city clerk. Entrances and exits should be located so as to direct nonresidential traffic away from residential areas.

(2) Access to a parking facility shall be restricted as follows:

a. Access to a more intensive residential district shall not be across a less intensive residential district.

b. Access to office, commercial or industrial districts shall not be across a residential district, except where this access is provided within an approved planned unit development.

(3) Parking facilities other than driveways for single family, duplexes, two family or townhouse residential uses must permit vehicles to enter the street in a forward position.

(i) Lighting. Exterior lighting shall comply with the requirements of chapter 44 of this Code.

(j) Safety features.

(1) Parking facilities shall use curbs, protective bumpers, wheel stops or other devices to prevent encroachment on public rights-of-way or adjoining private property and to protect landscaping.

(2) Parking facility design shall provide visibility of and between pedestrians and vehicles when circulating within or entering or leaving the facility.

(3) Vehicular circulation patterns shall be designed in accord with accepted principles of traffic engineering and safety.

(4) Parking facility design, lighting, landscaping and other features shall provide ready visibility into the facility from adjacent public sidewalks and shall not create blind or hidden areas.

(k) Maintenance. All parking facilities shall be maintained to assure the continued usefulness and compatibility of the facility. Acceptable maintenance includes keeping the facility free of refuse, debris and litter; maintaining paving surfaces in sound condition; and providing proper care of landscaped areas.

(l) Adjustments. For uses subject to conditional or special permit approval, the planning board or the city council may adjust the minimum requirements of this section in order to provide design, use ability, attractiveness or protection to adjoining uses in a manner equal to or greater than the specific requirements of this section.

Figure 55-740. Off-street Parking Design Standards

Parking Stall Sizes

Sec. 55-741. - Off-street loading requirements.

(a) Applicability. Any use which involves the receipt or distribution of freight, merchandise, supplies, vehicles or equipment as part of its typical operation shall provide and maintain adequate space for off-street loading and circulation. Loading areas shall be designed to avoid undue interference with public use of streets and sidewalks.

(b) Schedule of off-street loading requirements. Loading spaces for each use requiring them shall be provided in accord with the minimum requirements set forth in table 55-741.

TABLE 55-741. OFF-STREET LOADING
REQUIREMENTS

Gross Floor Area of use (square feet)	Number of Required Loading Spaces
5,000 or less	No requirement
5,001-25,000	1
25,001-75,000	2
75,001-150,000	3
Over 150,000	4

(1) Each off-street loading space shall be at least ten by 50 feet, with a vertical clearance of at least 14 feet.

(2) Paving surfaces of off-street loading spaces shall be permanent, durable and dustless.

(3) Off-street loading spaces may not be located in any required yard adjacent to a residential district.

(4) Off-street loading spaces are subject to the buffering requirements of this section and section 55-716.

(5) Circulation area and access to loading spaces must allow maneuvering into or out of the space to occur outside of any public street.

Sec. 55-742. - Parking of personal vehicles on residential lot.

(a) Applicability. This section permits the parking of personal vehicles on a single lot in a residential district subject to specific conditions. Personal vehicles include passenger cars, vans, pickup trucks, recreational vehicles, trailers under 20 feet in length, or boats.

(b) Location of parking.

(1) Parking is permitted within any enclosed structure when the structure otherwise conforms to the requirements of its specific zoning district.

(2) Parking is permitted outside of an enclosed structure in the side yard behind the line of the required front yard setback or in the rear provided the space is on a paved, hard-surfaced driveway or paved pad adjacent to the driveway.

(3) Parking is permitted outside of an enclosed structure within the required front yard setback, subject to the following conditions:

a. The parking space is provided on a paved, hard-surfaced driveway or paved pad adjacent to the driveway.

b. Space is unavailable in the side yard behind the required front yard setback or in the rear yard, or there is no reasonable access to the side or rear yards. A corner lot is normally considered to have reasonable access to the rear yard. A fence does not prevent reasonable access. Grade changes or substantial vegetation or landscape features can be considered to prevent reasonable access.

c. Enclosed parking in conformance with the requirements of the district is impossible.

d. The vehicle is parked perpendicular to the front curb.

e. The vehicle must not encroach on public right-of-way.

(c) Recreational vehicles, trailers and boats. Parking and storage of recreational vehicles, trailers and boats is subject to the following additional conditions:

(1) The vehicle shall be maintained in a clean, well-kept state.

(2) If the vehicle is equipped with liquefied petroleum gas containers, the containers must meet the standards of the Interstate Commerce Commission, the United States Department of Transportation, or the American Society of Mechanical Engineers, as such standards existed on September 23, 1975. Any valves must be closed at all times that the vehicle is not in preparation for immediate use. Immediate corrective action must be taken to repair any leaks in containers.

(3) The vehicle may be used only by nonpaying guests at a residential district for a maximum of three consecutive days or 14 days during any calendar year. Cooking is prohibited at all times.

(4) The vehicle may not be permanently connected to utility lines.

(5) The vehicle may not be used for storage of goods, materials or equipment other than those items which are part of the unit or essential to its immediate use.

(6) The length of the vehicle shall not exceed 20 feet, if the vehicle is parked or stored in the required front yard or street side yard.

(d) Exceptions. Temporary parking of personal vehicles on a driveway within a front yard setback is permitted for loading and unloading purposes. Such temporary parking shall not exceed 24 hours during an individual week.

Sec. 55-743. - Construction permit for parking facilities.

(a) Required. Prior to the start of construction of any off-street parking facility, the property owner must obtain an off-street parking permit from the permits and inspections division of the planning department. The building official shall issue a certificate of occupancy, in accordance with chapter 43 of this Code, within 12 months after completion of construction, if the completed facility complies with the approved plan, as provided by this section.

(b) Plan review and approval; appeals.

(1) Prior to issuance of an off-street parking permit for a parking facility of ten or more stalls, a plan must be approved by the directors of the planning and public works departments, or their designees.

(2) Application for a permit shall include the following plans and specifications prepared by a registered architect, landscape architect or engineer, demonstrating compliance with the off-street parking and loading regulations. These plans and specifications shall include, but not be limited to:

a. The location of parking stalls, lighting, drive aisles, circulation ways and access points to the facility.

b. A landscape plan, indicating location, size and species of proposed landscaping.

c. A grading plan, showing existing and proposed grades at two-foot intervals.

d. The location and direction of drainage for stormwater runoff.

e. Indication of all structures or uses to be served by the facility.

f. Construction details necessary to demonstrate compliance with this chapter.

(3) Plans shall be reviewed for compliance with the standards and policies of this article and any other applicable ordinance or regulation.

(4) Permits shall be issued by the building official following approval of plans and specifications and in accord with those plans.

(5) Denial of an application for a permit to build an off-street parking facility may be appealed to the zoning board of appeals.

(1) If, at the time of an application for a certificate of occupancy, any required landscaping has not been installed, the developer or owner of a site must make fiscal arrangements (by bond, certificate of deposit, or letter or credit) satisfactory to the city in the amount of $2.00 per square foot of required landscaping not in place.

(2) The developer or owner shall grant the city permission to enter upon the land to install required landscaping if this has not been done within 12 months of the effective date of the certificate of occupancy.

(3) The city shall release any bond or other arrangement immediately when the permits and inspections division verifies that required landscaping has been installed.

Sec. 55-744. - Construction permit for courts and private ways.

(a) Required. Prior to the start of construction of any court or private way, the property owner must obtain a court and private way permit from the permits and inspections division of the planning department.

(b) Plan review and approval; appeals.

(1) Prior to issuance of a permit for a court or private way, a plan showing the same must be approved by the directors of the planning and public works departments, and the fire chief, or their designees.

(2) Application for a permit shall include the following plans and specifications prepared by an architect, landscape architect or engineer acceptable to the public works department, demonstrating compliance with applicable regulations, guidelines, and code sections of the city. These plans and specifications shall include, but not be limited to:

a. The location, dimensions, and depth of the court or private way, and all driveways or other access points connecting thereto.

b. A grading plan, showing existing and proposed grades at two-foot intervals.

c. Indication of all structures or uses to be served by the court or private way.

d. Such other details deemed necessary by the city to demonstrate compliance with applicable regulations, guidelines, and code sections.

(3) Plans shall be reviewed for compliance with the applicable sections of this code and any other applicable regulations or guidelines of the city.

(4) Permits shall be issued by the building official following approval of plans and specifications and in accord with those plans.

(5) Denial of an application for a permit to build a court or private way may be appealed to the zoning board of appeals.

Editor's note— Section 4 of Ord. No. 37570 provided for an effective date of Jan. 1, 2007.

Sec. 55-745. Bicycle parking requirements

(a) Standards. Bicycle parking may be short-term or long-term bicycle parking in accordance with the following standards.

(1) Short-term bicycle parking is intended to serve the needs of people, such as customers, clients, and students, parking their bicycles for short time periods and shall:

a. be provided in the form of securely anchored bicycle racks of any of the following standard designs: U-racks, staple racks, circle racks, post-and-ring racks, or any other bicycle rack design approved by the Planning Director, which provides two points of contact with the bicycle frame and allows for both the bicycle frame and one wheel to be locked to the rack using a standard U-lock;

b. be located within 75 feet of the building entrance it serves or in a location approved by the Planning Director; and

c. be of solid construction, resistant to rust, corrosion, hammers, and saws.

(2) Long-term bicycle parking is intended to meet the needs of people, such as residents and employees, parking bicycles for longer time periods, and shall:

a. be a bicycle storage room, bicycle lockers, or any other secure, indoor or covered outdoor area specifically intended for bicycle parking;

b. be in an area that can be accessed without requiring users to carry bicycles up or down stairs; and

c. contain bike racks, bike lockers, or other bicycle parking and storage solutions that do not require the user to lift the entire bicycle, including both wheels, completely off the ground.

(3) Both short-term and long-term bicycle parking shall be accessible to intended users without requiring the user to move another bicycle and without obstructing a required walkway.

(4) Both short-term and long-term bicycle parking shall be installed according to the manufacturer's specifications, including minimum recommended distance from other structures and minimum spacing between adjacent bicycle racks.

(5) With the permission of the City Engineer, required short-term bicycle parking may be located in the public right-of-way. Public bicycle parking spaces may contribute to compliance with required bicycle parking when located on the same block face and within 75 feet of a principal building entrance for the use in question.

(b) Schedule of bicycle parking requirements. Bicycle parking for each use shall be provided in accordance with the minimum requirements set forth in table 55-745.

(1) One U-rack, staple rack, circle rack, post-and-ring rack, or other bicycle rack that can accommodate one bicycle on each side of the rack counts as two bicycle parking spaces.

(2) Uses not listed in Table 55-745 are not required to provide bicycle parking.

(3) Uses within all zoning districts are exempt from bicycle parking requirements provided in Table 55-745 except for within the following zoning districts: MU mixed use district, and all TOD transit oriented development districts.

(4) Any non-residential uses having one thousand (1,000) square feet or less of gross floor area shall be exempt from minimum bicycle parking requirements.

(5) When a computation of required parking results in a fraction of 0.5 or greater, the requirement should be rounded up to the next whole number.

(6) Unless otherwise indicated, parking requirements are based on gross floor area. Gross floor areas for the purpose of this computation do not include enclosed areas devoted to off-street vehicle or bicycle parking or loading.

(7) When parking requirements are computed on the basis of capacity, capacity shall be determined by the building code applicable in the city at the time the use is established.

TABLE 55-745. BICYCLE PARKING REQUIREMENTS

Use Types		Minimum Bicycle Parking Requirements

Residential use types:
Multiple-family residential		1 space per 8 dwelling units that do not have an exterior ground floor entry or that are not served by a private garage; a minimum of 80 percent of the required bicycle parking shall meet the standards for long-term bicycle parking
Large group living		1 space per 25 residents; a minimum of 80 percent of the required bicycle parking shall meet the standards for long-term bicycle parking
Assisted Living:
	Independent housing	1 space per 15 dwelling units; a minimum of 80 percent of the required bicycle parking shall meet the standards for long-term bicycle parking
	Semi-independent living	1 space per 30 dwelling units
	Dependent living	1 space per 50 employees on largest shift

Civic use types:
Administrative services		1 space per 15,000 square feet
College and university facilities		2 spaces per classroom
Cultural services		1 space per 50,000 square feet
Social or recreational clubs		2 spaces
Hospital services (general or limited)		1 space per 50 employees on the largest shift
Park and recreation services		2 spaces
Primary educational facilities		1 space per classroom
Public assembly		1 space per 200 persons capacity
Religious assembly		1 space per 400 persons capacity of largest place of public assembly
Secondary educational facilities		1 space per classroom

Office use types:
All office use types		1 space per 15,000 square feet

Commercial use types:
Business or Trade School		1 space per classroom
Cocktail lounge		2 spaces
Indoor and Outdoor Sports and Recreation		2 spaces
Indoor and Outdoor Entertainment		1 space per 200 persons capacity
Food Sales (limited)		2 spaces
Food Sales (general)		The greater of 1 space per 10,000 square feet or 2 spaces
Food Sales (convenience)		2 spaces
General retail sales		The greater of 1 space per 10,000 square feet or 2 spaces
Hotel and motel		The greater of 1 space per 50 rooms or 2 spaces; a minimum of fifty (50) percent of the required bicycle parking shall meet the standards for long-term bicycle parking.
Liquor Sales		2 spaces
Personal Improvement Services		2 spaces
Personal Services		2 spaces
Pet Services		2 spaces
Research Services		The greater of 1 space per 25,000 square feet or 2 spaces
Restaurants		2 spaces

Secs. 55-7456—55-760. - Reserved.

Section 10. That Section 55-763 of the Omaha Municipal Code is hereby amended to read as follows:

Sec. 55-763. - Residential use types.

(a) Accessory apartments.

(1) Purpose. This provision recognizes the need for alternative housing for special population groups and the economic difficulty of maintaining very large single-family houses in specific parts of the city. It is intended to meet these needs in designated areas, while maintaining the single-family nature of a neighborhood.

(2) Application process. An application to allow accessory apartments may be initiated by petition of not less than 50 percent of the property owners within the proposed area.

(3) City council action. The city council may, by ordinance, designate selected areas in which garage apartments and/or interior accessory apartments are permitted subject to the provisions of this section. The minimum designated area shall be one block face. The planning director and the planning board must transmit a recommendation on such designation to the city council.

(4) Permitted locations; permit. Within the designated areas, one apartment within a single-family residential structure, or one apartment on the second level of a detached private garage, is permitted in the AG, DR, R1, R2, R3 or R4 district subject to the following:

a. The structure must comply with all applicable provisions of this code.

b. The site must conform to all site development regulations of the base zoning district and to all off-street parking requirements.

c. The property must be owner-occupied.

d. The owner of the structure must obtain an accessory apartment permit from the permits and inspections division prior to occupancy of the apartment. If this application is denied by the permits and inspections division, the decision may be appealed to the zoning board of appeals.

e. An accessory apartment permit is granted to a specific owner-occupant. The permit expires upon the sale of the property to another owner. Such owner must then reapply for a subsequent permit.

(5) Additional regulations for interior accessory apartments. Interior accessory apartments within a single-family residential structure shall be subject to the following additional regulations:

a. The structure must have a livable floor area of at least 2,000 square feet.

b. The accessory apartment can include no more than 30 percent of the livable floor area of the structure.

c. Any exterior stair must be located within the rear yard of the structure. The appearance of the front or street facade of the structure shall not be substantially altered by the provision of an accessory apartment.

(b) Incidental dwelling units. One residential dwelling unit may be located within the same building as other uses incorporated into a common development, as an incidental use, in the LO, GO, LC, CC and GC base districts.

(1) Separation. The distance between a large group living use and any previously existing large group living use or small group living use shall be at least 1,200 feet, measured between nearest lot lines. However, a large group living use may be located within said 1,200 feet, subject to approval of a special use permit, as provided by section 55-884.

(2) Occupancy. The following occupancy regulations shall apply to large group living uses in certain listed districts.

a. In the AG, DR, R1, R2, R3, R4, R5, and R-WRN districts, no more than 14 residents shall be permitted in an owner-occupied dwelling unit, and no more than 12 residents shall be permitted in a non-owner-occupied dwelling unit.

b. In the R6 and R7 districts, no more than 20 residents shall be permitted in an owner-occupied dwelling unit, and no more than 16 residents shall be permitted in a non-owner-occupied dwelling unit.

c. In all districts, a minimum of 200 square feet must be provided in the dwelling unit for each resident.

(3) Application for special or conditional use permit. In addition to the requirements of sections 55-883 and 55-884, any application for special or conditional use permit for a large group living use must include the following information:

a. the maximum number of individuals that it is contemplated will be residing at the large group living use;

b. the amount of square feet of bedroom space available for each individual who will reside in the large group living use;

c. names and addresses of individuals and/or organizations expected to be operating the use or providing personal services to residents of the large group living use, if any;

d. a description of all services it is contemplated will be provided to residents of the large group living use, if any;

e. the maximum number of staff that will be involved in the provision of services to the residents of the large group living use, if any, and if so, how staff will be utilized;

f. the number of nonresident individuals expected to visit the large group living use each day, whether those individuals will come by motor vehicle, and the average length of stay;

g. the number of vehicles that will be expected to be parked at the large group living use on a daily basis;

h. all copies of licenses or applications for licenses obtained from or submitted to appropriate public agencies or departments to operate the use or to operate services proposed to be offered to residents of the large group living use;

i. certifications, credentials, accreditations or other similar acknowledgements awarded to individuals and/or organizations expected to be operating the use and/or providing personal services to residents of the large group living use, if any;

j. the name, address and local phone number of a designated contact person for the large group living use who can be reached 24 hours per day, if the need should arise;

k. a map showing the location of any signage associated with the use, including a scale drawing of the sign structure and sign face with the sign's proposed sign copy; and

l. the location of any existing large group living use or small group living use within 1,200 feet of the location for the proposed large group living use.

(d) Small group living uses. A small group living use is subject to the following conditions:

(1) Separation. The distance between a small group living use and any previously existing small group living use or large group living use shall be at least 600 feet, measured between nearest lot lines. However, a small group living use may be located within said 600 feet, subject to approval of a special use permit, as provided by section 55-884.

(2) Application for special or conditional use permit. In addition to the requirements of sections 55-883 and 55-884, any application for special or conditional use permit for a small group living use must include the following information:

a. the maximum number of individuals that it is contemplated will be residing at the small group living use;

b. the amount of square feet of bedroom space available for each individual who will reside in the small group living use;

c. names and addresses of individuals and/or organizations expected to be operating the use or providing personal services to residents of the small group living use, if any;

d. a description of all services it is contemplated will be provided to residents of the small group living use, if any;

e. the maximum number of staff that will be involved in the provision of services to the residents of the small group living use, if any;

f. the number of nonresident individuals expected to visit the large group living use each day, whether those individuals will come by motor vehicle, and the average length of stay;

g. all copies of licenses or applications for licenses obtained from or submitted to appropriate public agencies or departments to operate the use or to operate services proposed to be offered to residents of the small group living use;

h. certifications, credentials, accreditations or other similar acknowledgements awarded to individuals and/or organizations expected to be operating the use and/or providing personal services to residents of the small group living use, if any;

i. the name, address and local phone number of a designated contact person who can be reached 24 hours per day, if the need should arise;

j. a map showing the location of any signage associated with the use, including a scale drawing of the sign structure and sign face with the sign's proposed sign copy; and

k. the location of any previously existing large group living use or small group living use within 600 feet of the location for the proposed small group living use.

(e) Manufactured housing. A manufactured home may be located and installed according to the same standards for foundation system, permanent utility connections, setback, and minimum square footage which apply to site built, single-family dwellings on the same lot, subject to the manufactured housing meeting the following standards:

(1) The home shall have no less than 900 square feet of floor area.

(2) The home shall have no less than an 18-foot exterior width.

(3) The roof shall be pitched with a vertical rise of two and one-half inches for each 12 inches of horizontal run.

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

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

(6) The home shall have non-reflective roof material which is or simulates asphalt or wood shingles, title, or rock.

(7) The home shall be installed upon a permanent foundation and with permanent utility connections, all as provided by the city's code.

(f) Assisted living:

(1) Independent housing: All development must provide a minimum of the following design features.

a. Full accessibility within each unit, to all common areas and to the sidewalk on the adjacent street.

b. A kitchenette in each apartment to complement a central kitchen and dining area.

c. Service, activity and recreation areas in the main pattern of pedestrian movement.

d. Designated on-premise space for use by visiting service providers.

(2) Semi-dependent housing. All developments must provide a minimum of the following design and service features:

a. Full accessibility within each unit, to all common areas and to the sidewalk on the adjacent street.

b. A central kitchen and dining area.

c. Service, activity and recreation areas centrally located.

d. Designated on-premise space for use by visiting service providers.

e. Transportation services.

f. On-premise access to limited medical or nursing services.

(3) Dependent living: All development must provide a minimum of the following design and service features:

a. Full accessibility within each unit, to all common areas and to the sidewalk on the adjacent street.

b. A central kitchen and dining area.

c. Service, activity and recreation areas centrally located.

d. Designated on-premise space for use by visiting service providers.

e. Transportation services.

f. On-premise access to limited medical and personal nursing services.

g. Monitoring systems and a medical file system.

h. On-premise physical therapy.

(g) Accessory Dwelling Units:

(1) Purpose. An accessory dwelling unit (ADU) is a second dwelling unit located on the same lot as a primary dwelling unit (PDU) that allows for additional housing options while respecting the style and scale of the surrounding area. ADUs accommodate the needs of changing households, address the issues of housing affordability, and allow additional population density, while utilizing existing City infrastructure.

(2) Eligibility. An Accessory Dwelling Unit is only permitted as an accessory to a Single Family Detached use and in accordance with 55-763(g)(1) through (9).

The following types of ADUs shall be permitted:
1. Detached ADU - An accessory dwelling unit that is located within a structure detached from the primary dwelling unit (PDU) structure, typically a unit above a garage, attached to a garage, a converted garage or stand-alone ADU structure.
2. Attached ADU - An accessory dwelling unit that is connected to part of the structure housing the primary dwelling unit (PDU), typically an addition to a PDU structure.
3. Internal ADU - An accessory dwelling unit that is integrated into the structure housing the primary dwelling unit (PDU), typically a basement or attic level unit within a PDU structure.
Only one ADU is permissible per lot.
All ADUs shall be installed upon a permanent frost protected foundation and with permanent utility connections.
All construction shall comply with current building, electrical, mechanical and plumbing codes adopted by the City of Omaha.

(3) Site Development Regulations. All site development regulations shall be followed, except as specifically set forth below.

The PDU and ADU combined shall comply with all building and impervious coverage maximums.
A structure exisitng at the time of passage of this ordinance, whose height or setback(s) does not meet the ADU requirements, may be converted into an ADU but the structure shall not be altered in any manner that would increase the degree of non-compliance.
A detached ADU shall be setback a minimum of 20 feet behind the front facing plane of the PDU.
A detached ADU may be located a minimum of 5 feet from the interior side and 8 feet from the rear lot line, if set back 60 feet or more from the front lot line. If proof of no easements is presented, a detached ADU may be located a minimum of 3 feet from the interior side and rear lot lines, if set back 60 feet or more from the front lot line.
No minimum distance shall be required between the PDU and the ADU.

(4) Size.

The square footage of an internal ADU shall be no larger than the PDU.
The maximum square footage of an attached or detached ADU shall not exceed 50% of the gross square footage of the PDU or 750 square feet, whichever is less.
The minimum size of an ADU shall conform to the minimum size required by the current and adopted building code.
Detached and attached ADUs shall be limited to a maximum of one-bedroom, internal ADUs shall be limited to a maximum of two bedrooms.
No detached or attached ADU height shall exceed the PDU height.

(5) Entrances.

One ground level, street-facing entrance may be added to a PDU with an attached or internal ADU, if none currently exist. Any additional entrances on facade(s) facing public streets shall not face the street. Street-facing entrances are generally parallel to and easily visible from streets.
Detached structures may have entrances facing public streets, if setback a minimum of 20 feet behind the front facing plane of the PDU. Existing, at the time of passage of this ordinance, pedestrian doorways on detached garages may be converted to an ADU entrance, regardless of setback or orientation.
No entrances shall be added to façade(s) facing the rear of the lot unless abutting an alley or meeting base zoning district setback requirements.
Any other entrance(s) shall face the buildable area of the lot or meet the base zoning district setback requirements.

(6) Parking. The combined ADU and PDU must provide a minimum 2 off street parking spaces.

(7) Design Regulations.

The PDU shall not be altered in any way so as to appear from a public street to be a multiple-unit dwelling use.
The primary exterior materials and finishes of an ADU must generally match or exceed the quality or grade of the PDU.
Exterior stairways leading to an ADU entrance that are not enclosed and have more than five treads shall not be allowed on structure facades facing public streets.
The lot serving the ADU and PDU shall only have one driveway per street frontage.

(8) Occupancy.

The total combined occupancy of the ADU and the PDU shall not exceed 3 unrelated persons, as defined by OMC 55-19.
If either the PDU or the ADU is to be offered for rent for compensation, a rental registration shall be submitted as required by section 48-204.

(9) Ownership.

The owner of the lot on which an Accessory Dwelling Unit use is maintained shall occupy either the PDU or the ADU as the owner’s legal and permanent residence. For purposes of this provision, “the owner’s legal and permanent residence” shall mean a property owner who makes his or her legal residence at the site, as evidenced by voter registration, vehicle registration, or similar means. Leasing of the owner’s unit, under any terms, is prohibited.
The property shall be subject to a deed restriction stating that the ADU shall not be sold separate from the PDU.

Section 11. That Section 55-787 of the Omaha Municipal Code is hereby amended to read as follows:

Sec. 55-787. - Storm shelters.

Storm shelters shall be required in accordance with Chapter 43 – Building, of the Omaha Municipal Code

Section 12. That Section 55-882 of the Omaha Municipal Code is hereby amended to read as follows:

Sec. 55-882. - Site plan review procedure.

Purpose. The site plan review procedure provides for administrative and compliance review of plans for proposed projects. The procedure provides for review and evaluation of site development features of land uses and for possible mitigation of unfavorable effects on surrounding property.

(b) Jurisdiction and administration. The planning director shall be responsible for administration of the site plan review procedure. The planning director shall review, evaluate and act on all site plans submitted pursuant to this procedure. An applicant may appeal any required modifications, a denial, or revocation of any application by the planning director, pursuant to this section, to the zoning board of appeals.

(c) Uses requiring site plan review. All commercial, office, industrial and multi-family building permit applications, except interior remodels, as required by the current applicable building code. "Permits" shall comply with section 55-882 (a) through (e). In addition the following specific uses shall also comply with the criteria established in section 55-882 (f) through (i):

(1) Residential uses.

a. Multiple-family developments with fifty (50) or more dwelling units.

b. Accessory apartments in single-family residential structures, as provided by section 55-763.

c. Any residential development including more than one residential structure on a single lot.

(2) Civic uses.

a. College and university facilities.

b. Hospital services (general).

c. Secondary education facilities.

(3) Commercial uses.

a. Automotive washing.

b. Automotive rental.

c. Automotive sales.

d. Equipment sales.

e. Hotel and motel.

f. Restaurant (drive-in).

g. Vehicle storage.

(4) Parking uses.

a. Parking structure.

(5) Transportation uses.

a. Transportation terminal.

(6) Industrial uses.

a. Any industrial use adjacent to a residential zoning district.

(7) General categories.

a. Any use including drive-in services.

b. Any use within a floodplain overlay district.

c. Construction batch plant.

d. Any project within an overlay district.

e. Large projects requiring site plan approval, as set forth by zoning district regulations.

f. Broadcasting towers, limited to wireless communication towers under fifty (50) feet in height and poles.

g. Any project within a TOD zoning district

(d) Application requirements. Application for site plan review shall be filed with the planning director. The application shall include at least the following information unless the planning director determines that specific items are necessary:

(1) Name and address of the owner and applicant.

(2) Address and legal description of the property.

(3) Statement that the applicant is the authorized agent of the property owner if he/she is not the owner.

(4) A brief description of the proposed use.

(5) A site plan, drawn to scale, sufficient to permit adequate review and dimensioned as necessary, showing the following information:

a. The date, scale, north point, title, name of owner, and name of person preparing the site plan.

b. The location and dimensions of boundary lines, easements, and required yards and setbacks of existing and proposed buildings and other improvements.

c. The location, size, and use of existing and proposed structures on the site.

d. The location of site improvements, including parking and loading areas, pedestrian and vehicular access, sewers, utilities, service areas, fencing, screening, landscaping and lighting.

e. Location of major site features, including drainage systems and existing and proposed contour lines as necessary to display proposed grading, but in no case greater than at five-foot intervals.

f. Special information for a particular use, as required by article XV, "Supplemental Use Regulations."

g. A traffic impact analysis, if required by the public works director, pursuant to requirements developed by the public works director and on file with the city clerk.

h. Other information that may be required on an application form developed by the planning director.

i. Payment of fees, as specified in section 55-890.

(e) Administrative action. The planning director must act upon each complete application for site plan review.

(f) Review and evaluation. The planning director shall review and make the following findings before approval of a site plan:

(1) That the proposed site development, together with any modifications applicable thereto, will be compatible with the criteria established in section 55-885 as required pursuant to section 55-882(d).

(2) That any required modifications to the site plan are reasonable and are the minimum necessary to minimize potentially unfavorable effects.

(3) The site plan complies with this chapter.

(g) Modification of site plan. The planning director may require modification of a site plan as a prerequisite for approval. Required modifications may be more restrictive than base district regulations and may include but not be limited to provision for:

(1) Additional buffer-yards, landscaping, and screening;

(2) Installation of erosion control measures;

(3) Improvement to access and circulation systems;

(4) Rearrangement of structures or uses within the site;

(5) Location and character of signs;

(6) Other modifications deemed necessary to ensure compatibility with the surrounding environment, and to protect public health, safety, and welfare.

(h) Lapse of approval.

(1) A site plan approval shall become void two years after the date on which the approval became effective unless the applicant receives a building permit and/or establishes the proposed use on the property.

(2) A site plan approval may establish a longer effective period as a specific condition of the application.

(3) The planning director may grant a one-year extension of a site plan approval, provided that the applicant files a written request for an extension stating the reasons for the request prior to the date of expiration of the approval.

(i) Modification of site plan approval. The planning director may approve an application for modification of a previous site plan approval if it is determined that the modification does not affect findings relating to the criteria described in section 55-882(f) and (g), leading to the original approval.

(j) Issuance of permits.

(1) Building permits and certificates of occupancy shall be issued consistent with the terms of the site plan approval, and all other applicable ordinances and regulations.

(2) The planning director may revoke a site plan approval if it is found that the use is not complying with the provisions of this chapter or the terms and conditions of the site plan approval.

(3) The decision of the planning director to revoke a site plan approval shall be effective immediately.

(k) Approval to run with the land. A site plan approval pursuant to these provisions shall run with the land and shall continue to be valid upon change of ownership of the site structure that was the subject of the application.

(l) Site plans approved under prior regulations. Any site plan approved by ordinance under the regulations in effect before the effective date of this chapter shall be considered an approved site plan, subject to any conditions imposed at the time of original approval. A preexisting site plan may be amended only by ordinance of the city council upon recommendation of the planning director and the planning board.

Section 13. That Sections 55-921 through 55-938 of the Omaha Municipal Code is hereby amended to read as follows:

Sec. 55-921. - Purpose of article.

This article shall be known as the urban design article. The urban design standards and guidelines in this article are intended to implement the urban design element of the city's comprehensive plan.

Sec. 55-922. - Applicability of article.

(a) Standards and guidelines. The provisions in sections 55-924 through 55-935 of this article shall apply to all projects in the TOD districts, ACI districts and the MCC district, and in any MU district, CP district, NCE district and IG district, when adopted, and as specifically required by the provisions of those districts.

See Summary Table 55-938, located at the end of this article that indicates which provisions in this article are applicable to which new or modified zoning districts.

(b) Review procedures. The review procedures in sections 55-937 and 55-938 of this article shall apply to all projects in the TOD districts, ACI districts and the MCC district, and in any MU district, CP district, NCE district and IG district, when adopted, and as specifically required by the provisions of those districts, and when otherwise specifically required by the provisions of this chapter.

Sec. 55-923. - Conflict of provisions.

Where the provisions of this article conflict with the provisions of any other sections of this chapter, the provisions of this article shall control.

Sec. 55-924. - Sidewalk areas.

(a) General standard. All lots and sites fronting on public or private streets in the TOD, ACI-1, ACI-2, ACI-3, and MU districts shall incorporate the minimum standards per Table 55-924 at the end of this section. The curbside landscape area shall be planted with shade trees of at least 2.0-inch caliper at intervals of not more than 40 feet on center unless approved otherwise by the planning director. Trees shall be provided per City of Omaha specifications. This sidewalk area requirement shall not apply to the ACI-4 district and major streets which have been configured as limited access highways. Where insufficient area exists within the public right-of-way to allow for the required sidewalk area, the required sidewalk area shall be located in an easement on the adjoining property.

(b) Adjustments to sidewalk areas. The total sidewalk area shall be defined by the cumulative distance between the street curb and the adjacent parking, drive or structure complying with the provisions of this article, including but not limited to on-street parking, curbside landscaping width, sidewalk width, build-to/set-back zones, plazas or perimeter parking lot landscaping. The location or geometry of sidewalks may be adjusted within the sidewalk area to accommodate unusual street geometry, obstructions, site grade or to achieve design coordination, provided that the total sidewalk distance is not reduced or less than the minimum required.

TABLE 55-924—SIDEWALK AREAS

Minimum dimensions for sidewalk areas adjacent to the public right-of-way based on street classification and building/site frontage.	Min. Curbside Landscape Width (see notes 1, 2)	Min. Sidewalk Widths (see note 3,6)
TOD/ACI/CP - Primary Street
Building Front/Side	8 ft.	10 ft.
Landscape/Parking Lot	8 ft.	7 ft.
TOD/ACI/CP - Side Street - Arterial
Building Front/Side	8 ft.	10 ft.
Landscape/Parking Lot	8 ft.	7 ft.
TOD/ACI/CP - Side Street - Collector/Local
Building Front/Side	8 ft.	10 ft.
Landscape/Parking Lot	8 ft.	5 ft.
MU - Internal Main Street
Building Front/Side	8 ft.	10 ft.
Landscape/Parking Lot	8 ft.	7 ft.
MU - Internal Street
Building Front/Side	8 ft.	7 ft.
Landscape/Parking Lot	8 ft.	5 ft.
Notes: 1. Where on-street parking occurs adjacent to the curbside landscape area, pedestrian access shall be provided to the sidewalk and curb zone by means of paving materials and street tree planting beds per approved city standards. 2. For constrained rights-of-way with on street parking the curbside landscape area may share the zone of on-street parking by means of landscape nodes as required by the planning and public works directors. 3. Sidewalk width shall accommodate approved streetscape elements and activities. Minimum clear sidewalk path of travel width shall be five feet in all locations. 4. A landscape frontage shall be defined as a landscaped area greater than ten feet in width. 5. In residential use only districts the minimum sidewalk width may be reduced to five feet upon approval by the directors of planning and public works. 6. The minimum ten-foot sidewalk width is intended for active pedestrian environments such as inline retail storefronts or high volume pedestrian areas associated with downtown or main streets. The ten-foot minimum width may be exchanged for a seven-foot sidewalk with three feet of additional landscaping for facades with side frontages, reduced transparency or low volume pedestrian areas upon approval by the directors of planning and public works.

Sec. 55-925. - Build-to/set-back lines and zones.

(a) General standard. Buildings shall be placed on lots in relation to their frontages in a manner that encourages a consistent street wall and provides for a usable sidewalk area and a more attractive pedestrian environment.

(1) Definitions. For the purposes of this section the following definitions shall apply:

a. Pedestrian oriented space. A pedestrian oriented space shall be defined as an open outdoor area intended primarily for pedestrian activity, which generally includes landscaping, trees, walkways, places to sit, decorative lighting and varied paving materials. Some portion of the space shall be provided with shade by means of tree cover, a permanent structure such as a trellis or canopy or adjacent buildings. It shall be made accessible to the general public, provide access to sidewalks, be visible from public ways, maintained by an authorized agent and is subject to approval by the planning director.

b. Parking and associated areas. The term "parking" refers to those areas used for parking stalls, access lanes, drive aisles, drive through lanes and other vehicle ways located on a property.

c. Primary Street. Those streets used to satisfy required Build-to/Setback and frontage requirements and may include single streets along corridors or multiple streets within districts.

(b) Reserved.

(c) Build-to/set-back lines and zones in the TOD, ACI and MU districts. Buildings shall be located in relation to a baseline. Baselines for ACI districts shall be as defined in section 55-610(b). Base lines for all other districts shall be aligned with the property line or as necessary to provide the required area for curbside landscaping and sidewalks pursuant to section 55-924. The baseline location or its geometry may be adjusted to accommodate irregular site geometry, future street improvements, dedicated public amenities or other circumstances, as approved by the Planning Director. Building facades shall be located within a zone defined by the minimum and maximum range of distance from the baseline as described in Table 55-925(2) and Figure 55-925(1) located at the end of this section.

(1) Frontage Types. The following build-to/set-back frontage types are allowed per Table 55-925(1) located at the end of this section.

a. Type A: Building front adjacent to the primary street.

b. Type B: Building side adjacent to the primary street.

c. Type C: Limited parking between the building front and the primary street.

d. Type D: Unlimited parking between the building front and the primary street. Large retail buildings on sites exceeding three acres using this frontage type shall provide a pedestrian oriented space meeting the following requirements:

1. The minimum pedestrian oriented space shall be equal to or greater than three percent of the associated lot area.

2. The pedestrian oriented space shall be located adjacent to the primary façade of the building with convenient access to the building entrances.

3. When multiple buildings are involved, the placement of one building consistent with the median scale of the development and utilizing frontage Type A or B in relation to the primary street may be used in lieu of a pedestrian oriented space.

e. Type E: No direct access to buildings and off-street parking from an arterial street; grouping of buildings on internal main street, internal street or internal access drive. Fifteen feet of landscaping required between any parking, drive or structure and the property line.

(2) Supplemental requirements. The following supplemental requirements ~~general provisions~~ apply to build-to/set-back requirements for buildings located in the TOD, ACI and MU districts:

a. Fifteen feet of landscaping is required between any parking lot or vehicle drive lane and the sidewalk of any primary street per section 55-928(e).

b. Canopies related to service stations/convenience food sales uses shall not be considered as buildings for purposes of meeting the build-to/set-back line requirements. To minimize glare ~~in ACI Districts~~, such canopies shall include full cutoff luminaires pursuant to section 44-241 notwithstanding the exception for convenience stores and fueling areas.

c. When a project includes a ~~public~~ pedestrian oriented space that is located between the street and the building, the portion of the building associated with the pedestrian oriented space will be allowed to exceed the build-to/set-back zone standards in this section.

d. No parking or drive lane will be permitted between the building and the sidewalk when street adjacency is required.

e. Building fronts shall include a building entrance pursuant to section 55-935(d)(3) and may be satisfied with a corner entrance.

f. Criteria for optional frontage type. Street adjacency and orientation of building entrances resulting from frontage types shall take into account several factors in considering the appropriateness of optional frontage or exceptions provided by this section:

1. For areas exhibiting a prominent orientation and proximity of buildings in relation to the primary street, such a pattern of development and context shall be maintained unless determined otherwise by the Master plan.

2. For areas that are intended to establish or reestablish proximity of buildings in relation to the primary street as envisioned by the master plan such a pattern of development and context shall be provided.

3. When orientation and proximity of buildings in relation to the primary street is considered appropriate, special priority should be given to corner lots at street intersections considered central to the identity of the area, while allowance for the use of Type B or C frontage as options or exceptions included in this section could be made for mid-block or less prominent intersections.

4. Allowances for orientation and proximity of buildings in relation to the primary streets may also be made in an effort to minimize negative effects on surrounding neighborhoods.

5. Final determination of appropriateness for orientation and proximity of buildings in relation to the primary street shall be provided by the Director of Planning.

(3) Exceptions. The following exceptions apply to buildings located in the ACI-1, ACI-2 and ACI-3 districts:

a. Civic uses in ACI districts are subject to the build-to/set-back line standards for this section, unless the civic use is part of an approved campus master plan.

b. Single family lots and parcels zoned R-1 through R-4 are exempt from build-to/set-back requirements and shall be subject to the base zoning set-back requirements.

c. If considered appropriate per the criteria established in section 55-925(c)(2), convenience store/gas stations may use a 170 foot maximum build-to/set-back zone to accommodate the fueling areas provided the fueling area is screened from view along the baseline pursuant to section 55-928~~(e)(3)~~(f).

TABLE 55-925(1)—APPLICABILITY OF BUILD-TO/SET-BACK FRONTAGE TYPES
IN ACI DISTRICTS

	Build-to/Set-back Frontage Type
~~ACI Districts~~ Context	A	B	C	D	E
TOD	P	O (1)	NP	NP	NP
ACI-1	P	O (1)	NP	NP	NP
ACI-2	P	P	O (1)	NP	NP
ACI-3	P	P	P	P	NP
ACI-4	NP	NP	NP	NP	P
MU – Internal Main Street	P	P	NP	NP	NP
MU – Internal Street	P	P	P	P	NP

Key:
P = Permitted, NP = Not Permitted, O = Optional ^*(see note 1)

Notes:

1. Pursuant to section 55-925(c)(2)f criteria for optional frontage types.

TABLE 55-925(2)—BUILD-TO/SET-BACK ZONE DIMENSIONS

BUILD-TO SET-BACK ZONES
Use Type	Build-To/Set-Back Type
Use Type	A and B		C		D
	Min.	Max	Min.	Max	Min.	Max
Residential	5'-0"	15'-0"	20'-0"	95'-0"	20'-0"	Unlimited
Office	0'-0"	10'-0"	20'-0"	95'-0"	20'-0"	Unlimited
Commercial	0'-0"	10'-0"	20'-0"	95'-0"	20'-0"	Unlimited
Civic	0'-0"	10'-0"	20'-0"	95'-0"	20'-0"	Unlimited
Parking ~~Structure~~	0'-0”	10'-0"	20'-0"	95'-0"	20'-0"	Unlimited
Notes: 1. For the purposes of this table, use types are those uses located within the building less than eight feet above grade. 2. For exceptions see section 55-925(c)(3).

5-925(1)—BUILD-TO/SETBACK LINES AND ZONES

Sec. 55-926. - Ground-level transparency.

The following ground-level transparency standards shall apply to all sidewalk adjacent façades located within ten feet of a sidewalk baseline or, primary facades facing parking lots pursuant to section 55-935(d)(4)c:

(a) Minimum transparent area. At least 25 percent of the total wall area of the first 12 feet above grade of any sidewalk-adjacent façade shall consist of windows, glass doors or other transparent (clear or slightly tinted) building surfaces providing an unobstructed visual connection from the outside to the inside of the building. For large retail buildings, areas that project and recede from the wall shall be included in the calculation of total wall area.

(b) Minimum zone of transparency. A minimum zone of transparency shall be established on a sidewalk-adjacent façade between a height of two feet and eight feet above grade on these façades. At least 50 percent of the minimum transparent area shall be located within the minimum zone of transparency.

(c) Placement of windows. The placement of windows in the ground level of the sidewalk-adjacent façade shall be part of a proportional system that extends to any upper portions of the façade.

(d) Glass showcases permitted. Glass showcases or cabinets at least three feet in depth may be used to fulfill the foregoing minimum transparent area standard of this section 55-926.

(e) Façades on slopes. Sidewalk-adjacent façades adjoining slopes greater than five percent shall not be required to place windows within the minimum zone of transparency.

(f) Relocation of minimum zone of transparency. The minimum zone of transparency may be relocated and/or its height reduced, if the applicant can demonstrate that the standard provided in this section 55-926 would have a significant adverse effect upon the operation of the building to which it would be applied. In such cases, architectural enhancements which add to the visual interest of the sidewalk-adjacent façade may be allowed, in the discretion of the planning director.

(g) Reduction in percentage of transparency. The percentage of transparency may be decreased for sidewalk-adjacent façades of buildings in residential use in the discretion of the planning director.

(h) Corner buildings. For a building with two or more sidewalk-adjacent façades, a minimum of two elevations shall meet the requirements of this section. Each additional sidewalk adjacent façade with a primary (front) customer entrance shall also meet the requirements of this section.

For additional ground level transparency requirements refer to section 55-935(d)(4)c. regarding front façades facing parking lots and section 55-935(d)(4)d. regarding transparency exceptions for large retail buildings.

FIGURE 55-926(1)—GROUND LEVEL TRANSPARENCY

Sec. 55-927. - Service area screening.

All service access areas and uses such as trash dumpsters, utility boxes, and heating, ventilation and air conditioning equipment, shall be prohibited between building facades and the ~~primary~~ street or easily visible from streets or parking lots unless screened from view in accordance with section 55-717. Trash dumpsters shall be screened by using only a masonry enclosure designed to match the wall materials of the principal building on the site pursuant to section 55-935(d)(1).

Sec. 55-928. - Green parking areas.

(a) Purpose. Green parking areas, as described in the urban design element of the city's comprehensive plan, are intended to help provide more shade for pedestrians and vehicles and improve the aesthetic appearance of parking areas, without negatively impacting parking area efficiency.

(b) Dimensions. The dimensions of parking stalls in green parking areas shall comply with the standards set forth in section 55-740(b).

(c) Pervious landscaping within parking lots. All parking areas shall include landscaped areas equal to not less than seven percent of the paved parking area, including drive aisles that do not provide access to a parking stall. The area under vehicle fueling canopies and the associated drive aisles will not be considered parking for the purposes of determining required landscaping of this section. The required landscaped areas must be provided through the use of interior landscape islands, peninsulas and corners distributed evenly throughout the interior of the parking area or through the use of landscaped strips between parking rows. All landscaped areas must be no less than eight (8) feet in any one direction and must be a minimum of 150 square feet. One overstory tree must be planted for every 350 square feet of the required 7% landscaped area.

(1) For parking areas on sites that are being redeveloped and for which the applicant can demonstrate that the number of parking spaces that could be constructed in compliance with the provisions of this section 55-928 does not comply with the number of parking spaces required by section 55-734 of the Code, the planning director may authorize a reduction of up to ten percent in the required number of parking spaces.

(2) In the event that an applicant for a project involving redevelopment demonstrates that the application of the standards of this section 55-928(c) would result in the loss of parking spaces necessary to accommodate the uses proposed for the redevelopment site, the planning director may authorize a reduction of up to 1.5 percent in the required percentage of pervious landscaping.

(3) Parking areas less than 2,000 s.f. may be exempt from the interior landscaping requirement of this section.

(d) Design requirements for parking reserved for the handicapped. The requirements set forth in section 55-740(d) shall apply to green parking areas.

(e) Perimeter landscaping. The perimeter of all parking areas shall be surrounded by a landscaped area as required by section 55-740(f)(4). This landscaped area shall be in addition to the interior parking area landscaping requirement set forth in section 55-928(c).

Additional perimeter landscaping requirements. All parking area perimeters adjacent to an arterial street or adjacent to a primary street within an a TOD or ACI district shall provide a continuous landscaped area to a minimum height of three feet and a minimum depth of 15 feet. Landscaped berms, hedge rows, shrubbery or any combination may be used to fulfill this requirement. Such area shall also include over story shade trees no more than 40 feet on center.

(2) The 15 feet perimeter landscaping may include up to 5 feet of contiguous and adjacent landscaped right-of-way.

(3) Exceptions. Parking areas that are within a TOD, ACI-1 or ACI-2 district and meet the curbside landscaping and sidewalk requirement pursuant to section 55-924 may provide the following alternate perimeter parking lot landscaping.

a. Alternate 1: For parking greater than 6,000 s.f. perimeter landscaping required by this section may be reduced to no less than 7-1/2 feet if a permanent screen wall pursuant to section 55-928(f) is provided. The perimeter landscaping area shall be planted with over story shade trees no more than 40 feet on center.

b. Alternate 2: For parking lots less than 6,000 s.f., perimeter landscaping may be reduced to no less than 3 feet if a permanent screen wall pursuant to section 55-928(f) is provided. No over story trees are required in the perimeter landscape area.

(f) Screen wall design. The design of the screen wall shall be compatible in design to the principal site architecture and shall conform to the wall material requirements of section 55-935(d)(1) and meet the following requirements:

(1) Long continuous undifferentiated walls should be avoided. The design should incorporate elements such as walls, columns, caps, gates, fences, gaps with intervening landscaping, lighting or other features to provide visual interest and pedestrian scaled features.

(2) The amount of opaque screen wall material in proportion to open or landscape screening shall be approved by the planning director after consideration of the location and size of the lot, site context in relation to pedestrian activity and adjacent building forms or other circumstances which would necessitate greater or lesser amounts of opacity but in no case shall opaque wall material be less than 25 percent of the length of the required screen wall.

(3) The height may be varied so as to be a minimum of 3 feet above grade but shall be no less than 18 inches.

(4) The screen wall shall be on the parking lot side of the perimeter landscaping and shall conform to provisions for sight obstructions of this Code.

(5) Effective landscaping width. Perimeter landscaping reduced or modified by this section shall be considered the dimensional equivalent of the original requirements with respect to adjustments to sidewalk areas per section 55-924(b).

(g) Other applicable requirements.

(1) Generally. All other requirements in section 55-740 with regard to parking areas generally shall apply to green parking areas.

(2) Exterior lighting. Exterior lighting in green parking areas shall comply with the requirements of chapter 44 of this Code.

Sec. 55-929. - Parking structures.

Parking garages shall utilize horizontal walls to screen sloping floors and vehicle bumpers that are visible from major streets. Exterior facing materials for parking structures shall be comparable to the facing materials of the principal building(s) on the same or adjoining sites. At least 50 percent of the length of the ground floor of all parking structures that are immediately adjacent to public sidewalks in the TOD, ACI-1 and ACI-2 districts, or in MU districts, and that are located in or directly adjacent to areas that consist primarily of retail storefronts, shall be occupied by retail uses that occupy at least 20 percent of the floor area of the ground floor and have entrances onto those public sidewalks.

Figure 55-929(1): Parking Structure—Conforming

Figure 55-929(2): Parking Structure—Section

Sec. 55-930. - Site and building access.

(a) General. Site and building access shall be located and designed in a manner that provides for pedestrian activity on the street frontage of buildings while minimizing the number of vehicular access points and reducing areas of vehicle-pedestrian conflict.

(b) Site and building access in an MU district. In an MU district, site and building access shall be subject to the following requirements:

(1) In general, vehicular access points to an MU district from major streets shall not be located closer than 500 feet or further than 700 feet from the centerline of the nearest intersection of major streets.

(2) Between 500 feet and 700 feet from intersections of major streets, a right-in/right-out access point and a street shall be required that connects to the nearest perpendicular street.

(3) Between 1,000 feet and 1,400 feet from intersections of major streets, an intersection and street with all turning movements shall connect to the nearest perpendicular street.

(4) All access to sites shall conform to city standards for driveway access and shall be shown on an approved internal street system plan pursuant to section 55-564(d)(1).

(5) Pedestrian access shall be provided from all public sidewalks to the site with convenient access to building entrances.

(6) On-street parking shall be provided on streets other than major streets as established through the special use permit process.

(7) The internal circulation system shall distribute traffic to minimize conflict at access points.

(8) Lots abutting an internal street shall be limited to one unshared access from any internal street system unless approved by the public works and planning departments.

(9) Shared access. An additional access point may be allowed provided that the second access point is shared with the adjacent property near a common property line.

(c) Site and building access in the TOD and ACI districts. In the TOD and ACI districts, site and building access shall be subject to the following requirements:

(1) New development on parcels and lots shall be limited to one access point per each adjacent street, subject to approval by the public works and planning departments.

(2) Additional access points may be allowed provided that the additional access points are shared with the adjacent property at a common property line.

(3) New vehicular access points to major streets shall be prohibited unless approved by the public works department, the planning department and, if necessary, the Nebraska Department of Roads.

(4) Building entrances shall be visible from the street and accessible from the adjacent sidewalk.

(d) Site and building access in the MCC district. New development on parcels and lots in the MCC district shall be limited to two vehicular access points. New vehicular access points for parcels or lots that have already been developed with two or more vehicular access points shall be discouraged.

Sec. 55-931. - Neighborhood connectivity.

New streets shall be designed to and shall connect through to adjacent streets whenever physically possible.

Sec. 55-932. - Location of utilities.

New service lines for utilities such as power and data communications lines shall be located underground. To the extent feasible, new distribution lines for utilities such as power and data communications lines shall be located in a utility corridor outside of the area between the curb and the sidewalk along each street frontage.

Sec. 55-933. - Signs.

In addition to the provisions regarding signs set forth in this Code and those provided by section 55-935(6) regarding building design, the following standards shall apply:

(a) Pole signs. Pole signs, as defined by section 55-822 of article XVIII, are prohibited. (b)Monument and ground signs. The maximum height of a monument or ground sign shall be 12 feet, including any structural elements of the sign such as pillars or posts. All monument and ground signs shall have a masonry base. For the purposes of this section, a masonry base shall be defined as a self-supporting masonry assembly occupying the area between the bottom of the permitted sign and a concrete or masonry foundation extending a minimum of eight inches above finished grade. (c)Business center signs. Business center monument signs may have a maximum height of 25 feet. This maximum height shall include any structural elements of the sign such as pillars or posts. Business center monument signs may provide for tenant advertising provided that no more than 60 percent of the sign area is used for such purposes, and no single tenant occupies more than ten percent of the sign area. Business center signs are only allowed in business centers ten acres or larger in size. One sign shall be allocated for each full-turn access to a business center (one-quarter and one-half mile) up to a maximum of three signs. Business centers (ten acres or larger) that have no full turn access points will be allocated one business center sign. All business center signs shall have a masonry base.

Sec. 55-934. - Retaining walls.

Retaining walls shall be subject to the following standards:

(a) Categories of retaining walls. For purposes of this section, retaining walls or segments of retaining walls shall be classified in the following categories:

(1) Within 95 feet of and generally facing a street or public right-of-way, or adjacent to any sidewalk or pedestrian walkway.

(2) Facing a street or public right-of-way, but at a distance greater than 95 feet, or, facing a public area of the site (including a parking lot or drive-thru space).

(3) Screened from casual public view and facing only the building itself or its service areas.

(b) Maximum height and separation distance.

(1) Category 1 retaining walls shall not be more than five feet high and the distance between retaining walls shall not be less than ten feet. As an alternative, retaining walls may extend to a maximum of ten feet in height provided that a minimum 1.5 to 1.0 depth-to-height ratio is maintained between the edge of the sidewalk and/or property line and the top of any retaining wall exceeding five feet in height.

(2) Category 2 retaining walls shall not be more than ten feet high. The distance between retaining walls shall not be less than ten feet.

(3) Category 3 retaining walls shall not be more than ten feet high. The distance between retaining walls shall not be less than five feet.

The intervals between all walls should be used for landscaping that will extend both upward and downward to soften the image of the walls.

Visible retaining walls and slopes steeper than 3:1 located in the public right-of-way shall require the approval of the Omaha Public Works Department.

(c) Retaining walls in landscaped buffers. When a retaining wall is located within a required landscaped buffer at a property boundary:

(1)If the adjacent property is downhill from the retaining wall, the landscaped buffer shall be located between the retaining wall and the adjacent property; and

(2)If the adjacent property is uphill from the retaining wall, the landscaped buffer shall be located between the back of the retaining wall and the adjacent property.

(3)Retaining walls may be permitted within a required buffer provided the buffer, and associated screening (if required), still accomplish the desired impact, and that no practical alternatives are available. Landscaping (including trees) must still be able to be planted and maintained within the buffer.

(d) Retaining wall materials. Category 1 and 2 retaining walls shall be constructed of brick masonry veneer, concrete segmental block or similar grade material. Materials shall be compatible in color, texture, size and scale to the masonry materials used in the elevations of buildings on the same site. Category 3 retaining walls shall not have material requirements.

(e) Existing retaining walls. An existing retaining wall located within a site shall not be subject to the provisions of this section unless new development or a redevelopment or reconstruction of the existing development on the site makes the retaining wall visible.

FIGURE 55-934(1)—RETAINING WALLS AND BUFFER YARDS

55-934-01

Sec. 55-935. - Building design guidelines.

(a) Findings. The city council finds that the creation of high quality building design within the city is a major goal of the urban design element of the city's comprehensive plan, and further finds that the adoption of guidelines regarding the elevations of such buildings will help to achieve this goal.

(b) Purpose. The purpose of these guidelines is to improve the quality of building design within the city and improve the city's image as defined by its built environment. While these guidelines attempt to set forth what is generally acceptable building design, the city intends by these guidelines to encourage innovation and creativity in the design of such buildings.

(c) Definitions. For the purposes of the guidelines set forth in this section 55-935, the following words and phrases shall have the meanings respectively ascribed to them:

Advertising sign: A sign describing specific products or brands offered for sale on premises.

Business ID sign: Identification of a business or facility including name, logotype or tagline.

Customer entrance: That part of a large retail building's exterior accommodating either access into or egress out of that building, or both access and egress, for customers of the retail establishment(s) located in the building.

Directional sign: Indicates specific access points or entry ways, traffic directional information, etc.

Elevation: The complete façade located on any side of a building.

General building: All buildings NOT classified as large retail buildings.

Large retail building: Any building used primarily for retail uses and having at least one elevation greater than 200 feet in length and/or a floor area greater than 25,000 square feet.

Secondary sign: A sign not categorized as business identification or directional which are considered primary building and site signs. Secondary signs generally include operational, departmental or other characteristics of the facility/building.

Visible elevation: Any elevation of a building which is visible from a public right-of-way adjacent to the property on which the building is located or from a parking lot within such property.

(d) Guidelines. Buildings will be reviewed comprehensively against all provisions of this section for the determination of design quality. The following review criteria apply to buildings pursuant to section 55-935, unless provided for otherwise:

(1) Wall materials.

a. General standard. All building elevations should be composed of either primary, complementary and/or miscellaneous materials described in this section. Approved primary material(s) should be used as the prominent wall material. The use and location of primary material(s) may be prioritized towards pedestrian environments and/or the base of multi-storied buildings. Approved complementary materials should be used in a manner to complement primary materials in terms of use and location.

Approval of appropriate use and location of wall materials will include consideration of building massing, height, building location, proximity to public/pedestrian environments, context; visibility and three dimensional aspects of the design. The quality of building elevation design per section 55- 935(d)(2) and design of the building as a whole should be emphasized rather than the quantity of any one wall material proposed.

b. Miscellaneous materials. Miscellaneous exterior materials such as trim, coping, flashing, canopies, louvers and or design accents should be compatible with the overall building quality and design. Materials not listed as an approved material described in Table 55-935(1) may be considered a miscellaneous material.

c. Grades of materials. For a material and/or assembly of materials to be considered similar in grade to an approved material described in Table 55- 935(1) it shall be required to achieve two primary attributes:

1. Durability. Durability of materials shall be defined as its performance by virtue of its ability to resist stress, force or degradation over time.

2. Appearance. Appearance of materials shall be defined as its physical characteristics of size, shape, texture, grain, coloring and/or material composition as perceived visually.

Supporting evidence for a wall material proposed as similar in grade to an approved material listed in Table 55-935(1) shall be provided to the planning department for approval by the applicant concurrent with the urban design site plan review process. In the event that the applicant is aggrieved by a judgment concerning similarity of grade, the applicant or the planning director may request a recommendation by the urban design review board as described in section 55-937 concerning urban design site plan approval.

d. Applicability. Wall material requirements shall apply to all buildings pursuant to section 55-935 with the following exceptions.

1. Residential use only buildings with four or fewer dwelling units within ACI-3, ACI-4, IG and MCC zoning districts and not part of a larger integrated development.

2. Residential use only buildings with two or fewer dwelling units within TOD, ACI-1, ACI-2, CP and MU districts and not part of a larger integrated development.

TABLE 55-935(1)—WALL MATERIALS

Building Design Guidelines - Wall Materials
Primary Materials (see note 1)	Complementary Materials
Natural or Cast Stone	Concrete Masonry Units, Integral Finish/Texture (see note 2)
Brick	Concrete Masonry Units, Non-integral Finish/Texture (see note 3)
Glazing/Curtain Wall	Cementitious Panels
Architectural Grade Metal Panel or Metal Cladding	EIFS/Stucco (see note 4)
Architectural Grade Precast Concrete	Corrugated Sheet Metal Siding (see note 5)
Other Similar Grade Materials	Architectural Grade Vinyl Siding (see note 6)
	Other Similar Grade Materials
1. Industrial/agricultural grade wall systems or other similar grade materials are prohibited as a Primary Material.
2. May be used as a primary material on Large Retail Buildings.
3. May be used as complementary material on Large Retail Buildings or non-visible elevations of General Buildings only.
4. When EIFS is used, it generally should be placed a minimum of eight feet above grade and be applied in an articulated fashion. The placement of EIFS may be varied so as to average a minimum of eight feet above grade, but in no case shall it be placed closer than three feet above grade unless specified as impact resistant and includes an additional layer of 20 oz. mesh.
5. Corrugated sheet metal siding may be used as a complementary material provided it is specified as a concealed fastener system. A non-concealed fastener system may be used as a miscellaneous material in limited application and is subject to approval.
6. Vinyl siding may only be used on residential use only buildings as a complementary material and must be specified to be (.050) inches thick or greater.

(2) Design of elevations.

a. Continuity of design. All visible elevations of proposed buildings shall be consistent in design and use of materials.

b. Articulation of the façade. All façades shall be designed in three dimensions expressing qualities of depth, shadow, modulation and massing. Extensive undifferentiated wall planes that are flat, two-dimensional and are not allowed unless part of an overall design scheme approved by the planning director.

c. Proportion of height to length of elevations. Buildings that are only one story and have walls longer than 100 feet should be designed so that the height of the wall, including the parapet, if there is one, averages not less than one-tenth of the length of the wall. In the case of walls longer than 300 feet, this provision can be satisfied by providing architectural elements at the ends of the wall that meet the height criteria for the entire length of the wall, but the rest of the wall need not be taller than 30 feet.

d. Mitigating the effect of long elevations. Building elevations should utilize design elements proportionate to the human scale. Arcades, colonnades, awnings, pilasters, windows, plazas, landscaping, lighting and galleries are all useful devices to achieve a human scale. Varying the use of different materials, use of expression lines and/or dividing materials by color, texture and pattern is also an effective method. Elements of scale may be prioritized by degree of proximity to pedestrian environments.

e. Incorporating canopies into the design. Where weather protection is extended out over a sidewalk or traffic lane as a canopy at a building entrance, the canopy should be incorporated into the design of the entrance pavilion or otherwise incorporated into the architectural design of the building.

f. Base of buildings. Where pedestrian activity occurs at the base of visible façades, the building should be designed such that it does not significantly disrupt or diminish the quality of the pedestrian area. If parking occupies the ground level, it should be fully enclosed and the wall finishes should be comparable to those used in the inhabited portion of the building. Exterior mechanical equipment, such as an exhaust ventilator, should be located not less than ten feet above the base of the building.

(3) Proportion and visibility of entrances. Entrances in visible elevations of buildings will be reviewed according to the following criteria.

a. Entrances should be part of an architectural composition that is in scale with the entire visible elevation in which it is contained. The location of entrances should be legible and all public pedestrian entrances should be accessible from sidewalks that connect to the public sidewalk system. Where there are many entrances to separate establishments, a continuous band of doors and windows along the entire visible elevation is a customary design approach. Where doors are not part of such a continuous band, the doors should be part of an entrance pavilion, projection, or comparable architectural element that incorporates the doors, and is in scale with the length and height of the whole elevation.

b. Buildings with two or more "sidewalk adjacent façades" as defined in section 55-926 shall provide a minimum of one entrance within a sidewalk adjacent façade. This requirement may be satisfied with a corner entrance.

c. When there is a large retail building and other, smaller stores which are part of the same development, the smaller stores, with their separate entrances, may be placed in front of the large retail building, or along one of its sides, in order to mitigate the scale of the large building.

d. Where a large retail building entrance elevation is longer than 200 feet there should be more than one customer entrance to provide convenient access from multiple approaches to the building. Entrances shall be separated a minimum distance equaling 25% the length of the entrance elevation. Access to an interior or exterior arcade shall be considered an acceptable means for providing a building entrance.

(4) Proportion and organization of windows. The following guidelines apply to windows on visible elevations of buildings:

a. Windows should be in scale with the entire elevation of which they are a part.

b. Windows should be part of a design and proportional system that extends to the entire visible elevation. Examples of such a system would be uniform sill and window heights, or continuous horizontal or vertical bands of windows. Windows that appear as individual openings in a masonry wall should be placed in accordance with a proportional system that can be explained by a drawing, although the system need not be expressed in the wall itself.

c. Where a building has an elevation with a primary (front) entrance adjacent to a parking lot, the ground-level transparency standards of section 55-926(a) shall apply to that elevation.

d. All buildings shall follow the transparency requirements set forth in section 55-926, except as follows:

1. For large retail buildings the minimum required transparency within the zone of transparency is 20 percent.

2. The minimum transparent area as delineated in section 55-926(a) may be reduced to 20 percent when a large retail building utilizes an arcade in combination with features that add visual interest to the wall. The arcade must be designed as a recess within the primary wall plane. Arcade openings in the wall plane must have the proportion and general appearance of door and window openings.

(5) Relating buildings to sloping sites. Grading plans including one or more buildings should minimize the necessity for retaining walls and preserve the natural integrity of the site topography as much as possible. Parking lots should be designed to absorb changes of grade through gentle slopes and low retaining walls within the parking area, rather than accumulating all grade changes at the site perimeter. Where the height of a building elevation changes appreciably across a site, the design should take these circumstances into account.

(6) Building signs. In addition to the building sign standards set forth at sections 55-821 through 55-847, the following review criteria shall apply to signs for all buildings and sites:

a. Signs on visible elevations should be limited to identification of the commercial business or businesses within the building. Where signs are associated with the entrance to the commercial business the size of the sign should be in proportion to the entrance. Where the sign is placed away from the entrance or on a wall that does not have an entrance, the sign should be integrated with the design of the wall through such devices as placing the letters of the sign directly on the wall so that the wall can be seen between the lettering.

b. Where there are multiple establishments in the same building, there should be a sign plan to ensure continuity of the identification signs of all the establishments in the building.

c. Secondary signs may be used on no more than two elevations. Signs shall not exceed five percent the length of any two elevations respectively and shall not exceed ten percent when used on one elevation. Secondary signs shall not exceed two feet in height.

(7) Screening of equipment and utility areas.

a. Screening of rooftop equipment. Mechanical equipment above the surface of the roof, such as cooling towers, vent fans and vent stacks, should be screened by architectural elements such as a parapet extending upward from the perimeter wall or an architectural roof-top enclosure so that the equipment is not casually visible from adjacent public streets or from the parking lot for the building. In no case shall the parapet wall or roof top enclosure be required to exceed the height of the mechanical equipment. All screening material shall be comparable in design and quality of materials to the façades of the building itself.

b. Screening of exterior mechanical equipment. All mechanical equipment located outside a building, such as transformers or condensers, should not be easily visible to the public from streets or parking lots. Such elements should be screened, to the extent allowed by the public utility, by locating them within a perimeter wall of comparable design and materials to the building's visible elevations and sufficiently high as to completely conceal the equipment. Landscaping used as a screen should utilize evergreens sufficiently tall, densely planted, and well maintained.

c. Screening of loading docks and service operations. Loading and service operations including storage of waste materials, should not be visible to the public from streets or parking lots. An effective way to screen such elements is to locate them within the building perimeter, screened by doors. Doors to loading docks should not be open except when vehicles are actually entering or leaving the building. Landscaping used as a screen should utilize evergreens, sufficiently tall, densely planted, and properly maintained.

(8) Parking lot setbacks and sidewalks. Where a building has an elevation with a primary (front) entrance adjacent to a parking lot, the following minimum parking lot set-backs and sidewalk widths per Table 55-935(2) shall apply.

TABLE 55-935(2)—MINIMUM PARKING LOT SET-BACKS AND SIDEWALK WIDTHS

	Min. Set-back Width	Min. Sidewalk Widths
Large Retail Buildings	15	10
General Buildings	7	7
Multi-family Buildings	10	5
Other	5	5

Figure 55-935(1): Rooftop Mechanical Equipment Screening

Figure 55-935(2): Sloping Site Design

Figure 55-935(3): Summary Illustration for Building Design Guidelines

Sec. 55-936. - Reserved.

Editor's note— Ord. No. 38677, § 6, adopted March 16, 2010, repealed § 55-936 which pertained to general building design guidelines and derived from Ord. No. 37810, § 8, adopted Aug. 14, 2007.

Sec. 55-937. - Urban design site plan approval.

(a) Purpose. The urban design site plan review procedure provides for administrative and compliance review of plans for all proposed projects in the TOD, ACI, CP, MCC, NCE and IG districts. The procedure provides for review and evaluation of urban design-related site development standards as set forth in the provisions for those districts and in this article.

(b) Procedure. Unless otherwise specifically noted in this section, the procedure for urban design site plan approval shall be the same as provided for site plan approval under section 55-882, excluding section (f)(1), as follows:

(1) In addition to the application requirements set forth at section 55-882(d), an application for urban design site plan review shall include plans showing, in both two and three dimensions, the elevations of all building facades in sufficient detail to review compliance thereof with the applicable urban design standards.

(2) An application for urban design site plan approval, or amendment of the same, shall be reviewed and acted upon by the planning director pursuant to section 55-882. The planning director may approve, approve with modifications, or deny a proposed urban design site plan or a proposed amendment to an urban design site plan.

(3) Under section 55-882(g)(4), in addition to requiring the rearrangement of structures or uses within the site under section 55-882(g)(4), the planning director may also require modifications to proposed building facade elevations to comply with applicable urban design standards and guidelines.

(4) During the planning director's review of a proposed urban design site plan or amendment of the same under this section, either the applicant or the planning director may request to have the urban design review board review and provide a recommendation on the application. Such a request shall be made in writing to the urban design review board, which writing shall identify the issues to be reviewed and recommended upon. Following a hearing on the matter, the urban design review board shall provide a recommendation on the application to the planning director. The planning director shall then act on the application, taking into consideration the recommendation of the urban design review board.

(5) An applicant aggrieved by the decision of the planning director under this section may appeal to the planning board by filing a written appeal with the planning director within 30 days of the planning director's decision. The written appeal shall identify the specific grounds for appeal. Following a hearing on the matter, the planning board may affirm, reverse or modify the planning director's decision.

(6) An applicant aggrieved by the decision of the planning board under this section may appeal to the city council by filing a written appeal with the city clerk within 30 days of the planning board's decision. The written appeal shall identify the specific grounds for appeal. Following a hearing on the matter, the city council may affirm, reverse or modify the planning board's decision.

(7) In rendering decisions or recommendations under this section 55-937(b), the planning director, the urban design review board, the planning board and the city council shall make their determinations under section 55-882 utilizing the criteria set forth in Table 55-938.

Sec. 55-938. - Criteria for urban design-related review and evaluation.

(a) Purpose. The criteria for review and evaluation (see Table 55-938) are intended to fully implement the urban design article's standards and guidelines in cases of:

(1) Urban design site plan review. Urban design site plan review for all projects in the TOD, ACI, CP, NCE, IG and MCC districts, as required by the provisions of those districts.

(2) Special use permit review. For all projects in an MU district and for all special use permits required for commercial uses in areas zoned for industrial uses.

(b) Evaluation. Applications for urban design site plan review and special use permit review in MU districts as well as special use permit review for commercial uses in areas zoned for industrial uses shall be reviewed in accordance with the relevant criteria and standards set forth in Table 55-938 unless the applicability of such criteria and standards is limited by the provisions of the relevant district sections.

TABLE 55-938
SUMMARY OF CRITERIA FOR REVIEW AND EVALUATION
UNDER URBAN DESIGN ARTICLE

Criteria		Urban Design Site Plan Review						Special Permit Review
	TOD	ACI	CP1	NCE	IG	MCC	MU	Large Retail Buildings in Industrial Districts
Sidewalk areas (§ 55-924)	•	•	•	†			•
Build-to/Set-back lines and zones (§55-925)	•	•	•	†			•
Ground-level transparency (§ 55-926)	•	•	•	†			•
Service area screening (§ 55-927)	•	•	•	†		•	•
Green parking areas (§ 55-928)	•	•	•	†		•	•
Parking structures (§ 55-929)	•	•	•	†		•	•
Site and building access (§ 55-930)	•	•	•	†		•	•
Neighborhood connectivity (§ 55-931)	•	•	•	†			•
Location of utilities (§ 55-932)	•	•	•	†	•	•	•
Signs (§ 55-933)	•	•	•	†	•	•	•
Retaining walls (§ 55-934)	•	•	•	†		•	•
Building design guidelines (§ 55-935)	•	•	•	†		•	•	•
Tower locations; min/max. façade heights (§ 55-634(a))			•
Important buildings (§ 55-634(b))			•
Building design/architectural guidelines (§ 55-634(c))			•
Significant vistas (§ 55-634(d))			•
Public spaces (§ 55-634(e))			•
Mixing of uses (§ 55-564(c))							•
Circulation systems (§ 55-564(d))							•
Pedestrian Oriented Open Spaces (§ 55-564(e))							•
Green corners (§ 55-564(f))							•
Stormwater detention areas (§ 55-564(g))							•

NOTE: Review table with Figure 55-938, Base Diagram Illustration of Urban Design Elements Consistent with the Standards and Guidelines of the Urban Design Article, located at the end of this urban design article.

Legend:

• - Applicable.

† - NCE district provisions may address these elements of urban design.

Figure 55-938: Summary Illustration for Urban Design Provisions

Section 14. Sections 55-68, 55-186, 55-206, 55-226, 55-246, 55-266, 55-541 through 55-580, 55-719, 55-731 through 55-760, 55-763, 55-787, 55-882 and 55-921 through 55-938 of the Omaha Municipal Code as heretofore existing are hereby repealed. Section 15. That this Ordinance shall be in full force and effective fifteen (15) days from the date of its passage.

First Reading October 6, 2020; Second Reading and Public Hearing October 20, 2020; Third Reading and Vote October 27, 2020

PASSED: October 27, 2020: 7-0

City of Omaha

Jean Stothert, Mayor

Elizabeth Butler, City Clerk

11/5

___________________________________________________________________