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Draft Outdoor Lighting Ordinance 08-
Introduce:
Change of Zone No. 08039
ORDINANCE NO. _________________
AN ORDINANCE amending Title 27 of the Lincoln Municipal Code relating to
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Zoning by amending Section 27.41.030 to require lighting associated with the storage of vehicles
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for sale and resale in the front yard to comply with the Design Standards for Outdoor Lighting;
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amending Section 27.43.030 to require lighting in the front yard associated with automobile sales
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and repair, but not including vehicle body repair shops, to comply with the Design Standards for
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Outdoor Lighting; amending Section 27.63.130 to require outdoor lighting for recreational facilities
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to comply with the Design Standards for Outdoor Lighting; amending Section 27.63.170 to delete
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a redundant provision requiring any lighting facility for parking lots permitted by special permit in
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the R-1 through R-8 districts and in the O-2 district to comply with adopted design standards;
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amending Section 27.67.100 to require lighting for parking lots to comply with the Design Standards
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for Outdoor Lighting; and repealing Sections 27.41.030, 27.43.030, 27.63.130, 27.63.170 and
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27.67.100 of the Lincoln Municipal Code as hitherto existing.
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BE IT ORDAINED by the City Council of the City of Lincoln, Nebraska:
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Section 1. That Section 27.41.030 of the Lincoln Municipal Code be amended to
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read as follows:
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27.41.030
Permitted Conditional Uses.
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A building or premises may be used for the following purposes in the H-2 Highway Business
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District in conformance with the conditions prescribed herein:
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(a)
Automobile/truck wash facility:
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(1)
Automatic, conveyor-operated: The length and location of vehicle stacking
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lane or lanes for the approach side or sides and the exit side or sides of the wash operation shall be
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in conformance with the "guidelines and regulations for driveway design and location" as adopted
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by the City of Lincoln.
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(2)
Self-service, coin-operated: The wash facility shall not exceed six wash bays.
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The length and location of vehicle stacking lane or lanes for the approach side or sides and the exit
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side or sides of the wash operation shall be in conformance with the "guidelines and regulations for
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driveway design and location" as adopted by the City of Lincoln.
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(b)
Motels and hotels: A distance of at least twenty feet shall be maintained between
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buildings on the lot, and each hotel or motel unit shall have a minimum enclosed floor area of 200
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square feet.
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(c)
Service facilities, including but not limited to repair and maintenance of home and
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office equipment, electrical appliances, radio and television sets, and rental equipment; and the
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places of business of plumbing, electrical, and heating and air conditioning contractors.
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All storage and display of merchandise shall be screened from public view by a fence, walls,
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shrubs, material obstruction, or all such storage and display shall be within the enclosure walls of
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a building.
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(d)
Early childhood care facilities:
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(1) Such facilities shall comply with all applicable state and local early childhood
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care requirements;
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(2) Such facilities shall comply with all applicable building and life safety code
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requirements;
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(3) Such facilities shall be fenced and have play areas that comply with the design
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standards for early childhood care facilities;
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(4) Such facilities must receive a conditional use permit from the Department of
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Building and Safety.
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(e) Recycling
center:
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(1) Building area of such center shall not exceed 8,000 square feet;
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(2) Adequate traffic stacking shall be provided on site as determined by the city;
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(3) All required parking shall be provided on site;
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(4) The facility shall not be designed to receive nor shall it accept shipments by
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semi-trailer trucks;
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(5) Construction and operation of such center shall comply with all applicable health
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and fire codes.
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(f)
Vehicle body repair shop:
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(1) All salvage material including vehicles being salvaged shall be inside a building;
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(2) All vehicles stored outside shall be repaired to an operating state within thirty
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days;
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(3) All vehicles stored outside waiting repair shall be screened in accordance with
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the screening requirements for salvage and scrap processing operations;
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(4) Construction and operation of such shop shall comply with all applicable health
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and fire codes;
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(5) Vehicle body repair shops lawfully existing on the effective date of this ordin-
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ance shall have until January 1, 1987 to be brought into compliance with conditions (1), (2), (3), and
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(4) above.
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(1) The storage of vehicles for sale and resale is permitted in the front yard except
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for the front twelve feet.
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(2) Parking barriers in accordance with parking lot design standards must be
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provided around the storage/display area to prevent the vehicles stored/displayed for sale or resale
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from overhanging the front twelve feet of the front yard where vehicles are not permitted to be
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stored/displayed for sale or resale.
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(3) No vehicle shall be stored/displayed for sale or resale in the front yard upon a
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raised concrete island or on a raised display structure.
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(4) The hood or trunk or both of vehicles stored/displayed for sale or resale in the
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front yard shall not be open except when inspected by a customer or for servicing.
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(5) The front twelve feet of the front yard not permitted to be used for the storage
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of vehicles for sale and resale shall not be used for customer or employee parking but shall be
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devoted to shrubs and grasses.
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(6) The front twelve feet of the front yard not permitted to be used for the storage
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of vehicles for sale and resale shall be screened at least sixty percent from zero feet to two feet above
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the surface of the lot. The design and construction of the landscaping shall be in conformance with
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the Design Standards for Screening and Landscaping except that fences may not be used to meet the
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above screening requirements. If plant material is used, the density percentage is calculated using
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the design size found in the City of Lincoln's plant material list approved by the Planning Director.
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The screen shall be located throughout the area but far enough from the barrier so as to be protected
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from the bumpers of overhanging vehicles. Entrance driveways shall be excluded from the required
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screen.
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(8) Any existing automobile sales facility lawfully established on the effective date
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of this ordinance which does not comply with conditions (1) through (7) above may be continued
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in accordance with the provisions of Chapter 27.61 for nonconforming uses.
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(h)
Indoor animal hospitals. Any building approved for such use must be located no
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closer than 200 feet from any residential district.
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(i)
Indoor kennel. Any building approved for such use must be located no closer than 200
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feet from any residential district.
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(j)
Social halls:
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(1) There shall be no amplified sound or noise source of any kind outside of the
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social hall;
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(2) Except as provided in (ii) and (iii) below, any exterior door opening must meet
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the following conditions:
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(i) Either be located at least 100 feet (as measured by the shortest, most direct
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distance) from a day care facility, church, state mental health institution, park (excluding golf
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courses and hiker/biker trails), or a residential district; provided that, if there is an intervening
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exterior wall of the building containing the social hall between the exterior door opening and such
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day care facility, church, state mental health institution, park (excluding golf courses and hiker/biker
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trails), then the 100 feet shall be measured from the exterior door opening, along the exterior base
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of the building wall(s) to the point where there is no intervening exterior building wall, and from that
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point the shortest, most direct distance to the day care facility, church, state mental health institution,
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park (excluding golf courses and hiker/biker trails), or residential district.
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(ii) If the exterior door opening is less than 100 feet from a residential district,
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it must face the opposite direction from that district.
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(iii) If the exterior door opening faces a residential district, then such opening
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shall be at least 150 feet from a residential district as measured by the shortest, most direct
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perpendicular distance. The exterior door shall not be kept or propped open during the hours of
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operation.
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For purposes of this section, exterior door opening shall mean (a) that portion of the
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exterior wall face of the building containing the social hall that contains a break to accommodate
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the exterior building door, door frame, door vestibule, or door entryway area; and (b) provides
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access to the social hall. Exterior door opening shall not apply to openings for emergency exit
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doors required by building or safety codes, loading doors or unloading doors that are not available
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for access in the ordinary course of business.
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Section 2. That Section 27.43.030 of the Lincoln Municipal Code be amended to read
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as follows:
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27.43.030
Permitted Conditional Uses.
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A building or premises m