Chapter 2 Zoning Regulations

Introduction

Pursuant to Nebraska Revised Statutes 19-901, the purpose of this section is to promote the public health, safety, morals, or general welfare, and to protect and preserve places and areas of historical, cultural, or architectural importance and significance. These regulations are adopted in accordance with the comprehensive plan and are designed to:

  • Secure safety from fire, panic, and other dangers.
  • Promote health and general welfare.
  • Prevent the overcrowding of land.
  • Facilitate the adequate provision of transportation, water, sewers, schools, parks, and other public facilities.


    • Consistent with the goals and objectives listed in the comprehensive plan, these regulations are designed to foster the following subsidiary purposes:

  • Distribute land to meet the physical, social, cultural, economic, and energy needs of present and future populations.
  • Provide for land uses that serve important public needs, such as affordable housing and employment generators.
  • Promote downtown retail and residential development.
  • Protect natural resources.


    • In accordance with the foregoing purposes, this section establishes regulations governing the following:

  • The height, number of stories, and size of buildings and other structures.
  • The size of yards and other open spaces.
  • The location and use of buildings, other structures, and land for business, industrial, residential, or other purposes.

    • General Requirements

    No land shall be used or occupied, and no structures shall be designed, erected, altered, used or occupied except in conformity with all of the regulations and upon performance of all conditions attached to any special or conditional use permit, variance, appeal, conditional rezoning, or master site approved pursuant to this chapter.

    No person, firm, or corporation and no officer or employee shall sell, rent, or lease or offer or attempt to sell, rent or lease, any land or structure upon the representation, falsely made and known to be false, that such land or structure may be used or occupied in a manner or for a use prohibited by this chapter.

    Establishment of Districts

    The City of Arapahoe finds that its rural, residential, and urban areas have substantially different physical, geographic, and functional characteristics that require alternative regulatory treatment. Rural areas are dominated by agricultural use and open space with scattered, low density residential and commercial uses. Residential areas are designed to provide a safe, comfortable place for people to live. Urban areas are more compact and pedestrian friendly. They provide commercial activities needed to support the city.

    Base Zoning Districts

    District District Name Future Land Use Map Category
    RP Resource Protection Agriculture/Open Space
    R-1 Single Family Residential (Low Density) Residential
    R-2 Multi-Family Residential (Medium Density) Residential
    NC Neighborhood Commercial Commercial
    GC General Commercial Commercial
    DT Downtown Mix
    LI Light Industrial Industrial
    HI Heavy Industrial Industrial

    P indicates permitted use by right.

    C indicates a conditionally permitted use.

    – indicates use not permitted.

    GC: here, uses with a building unit larger than 15,000 square feet may be permitted as a Conditional Use that may have design standards imposed as a condition of granting a Conditional Use Permit.

    A indicates accessory uses. Refer to the supplemental regulations for design guidelines.

    Residential Buildings

    Row Use/Activity RP R-1 R-2 NC GC DT LI HI
    1 Single-family detached dwellings P P P P C – – –
    2 Single-family attached dwellings – – P P C – – –
    3 Duplex structures – – P P C – – –
    4 Zero lot line or row houses – – P – – – – –
    5 Accessory dwelling units – P P P C C – –
    6 Mobile Home – P C – – C – –
    7 Townhouses – – P P C – – –
    8 Manufactured housing, residential design – – P – – – – –
    9 Manufactured housing, other P – – P C – – –
    10 Multifamily dwellings – – P P C P – –
    11 Retirement housing services C – P – – P – –
    12 Congregate living services C – P – – P – –
    13 Assisted living services C – P – – P – –
    14 Life care or continuing care services C – P – – P – –
    15 Skilled nursing services C – P – – P – –
    16 Community home P P P P – P – –
    17 Barracks – – – – – – – –
    18 College fraternities – – P – – P – –
    19 Dormitories – – P – – P – –
    20 Single-room occupancy units – – – – – P – –
    21 Temporary structures, tents, etc. for shelter C – C – C P – –
    22 Other structurally converted buildings – – – – – P – –

    Accessory dwelling units and accessory apartments shall only be permitted when located on the second floor of a structure where the ground floor is used exclusively for commercial purposes. No accessory dwelling unit or accessory apartment shall be located on the main floor or in any structure where the primary use is residential.

    Hotels, Motels, and Other Accomodation Services

    Row Use/Activity RP R-1 R-2 NC GC DT LI HI
    1 Bed-and-breakfast inn – – C P P P – –
    2 Rooming and boarding house – – C P C P – –
    3 Hotel, motel, or tourist court – – – P P P P –
    4 Commercial center C P P P P P P P
    5 Shop or store building with drive-through facility – – – – P P – –
    6 Restaurant, with incidental consumption of alcoholic beverages – – – – – P P –
    7 Restaurant, with no consumption of alcoholic beverages permitted – – – P P P P –
    8 Stand-alone store or shop building – – – P P P – –
    9 Department store building – – – P P P – –
    10 Warehouse discount store/superstore – – – – P P – –
    11 Market shops, including open markets – – – P P P – –
    12 Gasoline Station – – – – P – – P
    13 Automobile repair and service structures – – – – – – – P
    14 Car dealer – – – – – – – –
    15 Bus, truck, mobile home, or large vehicle dealers – – – – – – – P
    16 Bicycle, motorcycle, all-terrain vehicle dealers – – – – P P – –
    17 Boat or marine craft dealer – – – – – – – –
    18 Parts, accessories, or tires – – – C P P – –
    19 Gasoline service — — — — P — — P
    20 Lumberyard and building materials — — — — P C P P
    21 Outdoor resale business — — — — P P P P
    22 Pawnshops — — — — P — — —
    23 Beer, wine, and liquor store (offpremises consumption of alcohol) — — — — — P — —
    24 Shopping center — — — P P P — —
    25 Convenience stores or centers — — — P P P — —
    26 Car care center — — — — — — — P
    27 Car washes — — — — — — — P
    28 Office or bank building, stand-alone (without drive-through facility) — — — P P P — —
    29 Office building (with drive-through facility) — — — — P P — —
    30 Office or store building with residence on top — — — P P P — —
    31 Office building over storefronts — — — P P P — —
    32 Research-and- development services (scientific, medical, and technology) — — — C P P P P
    33 Car rental and leasing — — — — — — — P
    34 Leasing trucks, trailers, recreational vehicles, etc. — — — — — — — P
    35 Services to buildings and dwellings (pest control, janitorial, landscaping, carpet/upholstery cleaning, parking, and crating) — — — — P P P P
    36 Bars, taverns, and nightclubs — — — — — P — —
    37 Camps, camping, and related establishments P C — — P — — —
    38 Tattoo parlors — — — — P P — —

    Industrial Buildings and Structures

    Row Use/Activity RP R-1 R-2 NC GC DT LI HI
    1 Light industrial structures and facilities — — — — — — P P
    2 Loft building — — — — — P P P
    3 Mill-type factory structures — — — — — — C P
    4 Manufacturing plants — — — — — — — P
    5 Industrial parks — — — — — — P P
    6 Laboratory or specialized industrial facility — — — — — P P P
    7 Assembly and construction-type plants — — — — — — — P
    8 Process plants (metals, chemicals, etc.) — — — — — — — P
    9 Construction-related businesses — — — — — — C P
    10 Automotive wrecking and graveyards, salvage yards, and junkyards — — — — — — — P
    11 Demolition business — — — — — — — P
    12 Recycling business — — — — — — — P
    13 Mini-warehouse — — — — P C P P
    14 High-rise mini-warehouse — — — — — — C P
    15 Warehouse structure — — — — — — C P
    16 Produce warehouse — — — — — — C P
    17 Refrigerated warehouse or cold storage — — — — — — C P
    18 Large area distribution or transit warehouse — — — — — — C P
    19 Wholesale trade— durable goods — — — — — — C P
    20 Wholesale trade— nondurable goods — — — — — — C P
    21 Warehouse and storage services — — — — — — C P
    22 Tank farms — — — — — — C P

    Public Assembly Structures

    Row Use/Activity RP R-1 R-2 NC GC DT LI HI
    1 Adult Establishment — — — — — — C —
    2 Performance theater — — — P P P — —
    3 Movie theater — — — P P P — —
    4 Amphitheater — — — P P P — —
    5 Drive-in theaters — — — P P P — —
    6 Indoor games facility — — — P P P — —
    7 Amusement, sports, or recreation establishment (not specifically enumerated) — — — P P P — —
    8 Amusement or theme park — — — — P — — —
    9 Arcade — — — P P P — —
    10 Miniature golf establishment C — — C P C P P
    11 Fitness, recreational sports, gym, or athletic club — — — P P P P P
    12 Bowling, billiards, pool, etc. — — — P P P — —
    13 Skating rinks — — — P P P — —
    14 Sports stadium or arena — — — — P P P P
    15 Racetrack — — — — P — — —
    16 Exhibition, convention, or conference structure — — — P P P — —
    17 Churches, temples, synagogues, mosques, and other religious facilities P P P P P P P P
    18 Covered or partially covered atriums and public enclosures — — — P P P P P
    19 Passenger terminal, mixed mode — — — P P P P P
    20 Active open space/ athletic fields/golf courses P P P P P P P P
    21 Passive open space P P P P P P P P

    Institutional or Community Facilities

    Row Use/Activity RP R-1 R-2 NC GC DT LI HI
    1 Hospital building — — — — P P P P
    2 Medical clinic building — — — P P P P P
    3 Social assistance, welfare, and charitable services (not otherwise enumerated) — — — P P P — —
    4 Child and youth services — — — P P P — —
    5 Child care institution (basic) P P P P P P P P
    6 Child care institution (specialized) — — — P P P P P
    7 Day care center C C C P P P P P
    8 Community food services — — — C P P — —
    9 Emergency and relief services — — — C P P — —
    10 Other family services — — — C P P — —
    11 Services for elderly and disabled — — — P P P — —
    12 Animal hospitals P C C P P P P —
    13 School or university buildings (privately owned) — — — C P P — —
    14 Grade school (privately owned) — — — P P P — —
    15 College or university facility (privately owned) — — — P P P — —
    16 Trade or specialty school facility (privately owned) — — — P P P — —
    17 Library building — P P P P P — —
    18 Museum, exhibition, or similar facility — — — P P P — —
    19 Exhibitions and art galleries — — — P P P — —
    20 Planetarium — — — P P P — —
    21 Aquarium — — — P P P — —
    22 Outdoor facility, no major structure — — — — P P — —
    23 Zoological parks — — — — P P — —
    24 Public safety-related facility P P P P P P P P
    25 Fire and rescue station P P P P P P P P
    26 Police station P P P P P P P P
    27 Emergency operation center — — — P P P — —
    28 Correctional or rehabilitation facility — — — — — — — P
    29 Cemetery, monument, tombstone, or mausoleum P C C C C C C C
    30 Funeral homes — C C C P P — —
    31 Cremation facilities — C C — — — — P
    32 Public administration — — — P P P P P
    33 Post offices — — — P P P P P
    34 Space research and technology — — — — — P P —
    35 Clubs or lodges — — — — P P — —

    Utility and other non-building structures

    Row Use/Activity RP R-1 R-2 NC GC DT LI HI
    1 Utility structures on right-of-way P P P P P P P P
    2 Water supply-related facility — — — — — — — —
    3 Water supply pump station P P P P P P P P
    4 Dam P P P P P P P P
    5 Levee P P P P P P P P
    6 Culvert P P P P P P P P
    7 Water tank (elevated, at grade, underground) P P P P P P P P
    8 Wells P P P P P P P P
    9 Water treatment and purification facility C — — — P — P P
    10 Water reservoir C — — — P — P P
    11 Irrigation facilities P P P P P P P P
    12 Wastewater storage or pumping station facility; lift stations P — — — — — P P
    13 Incinerator, composting, or similar facility — — — — — — — P
    14 Hazardous waste collection — — — — — — — P
    15 Hazardous waste treatment and disposal — — — — — — — P
    16 Solid waste collection — — — — — — — P
    17 Solid waste combustor or incinerator — — — — — — — P
    18 Waste treatment and disposal — — — — — — — P
    19 Septic tank and related services — — — — — — — P
    20 Hazardous waste storage facility — — — — — — — P
    21 Sewer treatment plant — — — — — — — P
    22 Gas or electric power generation facility P — — — — — — P
    23 Communication towers C — — — — — C P
    24 Radio, television, or wireless transmitter P P P P P P P P
    25 Weather stations or transmitters C C C — — — — P
    26 Environmental monitoring station (air, soil, etc.) — — — — — — — P
    27 Sign A A A A A A A A
    28 Billboard — — — — — — — —
    29 Highway rest stops and welcome centers P P P P P P P P
    30 Roadside stand, pushcarts, etc. P P P P P P P P
    31 Kiosks P P P P P P P P
    32 Playground equipment P P P P P P P P
    33 Fountain, sculpture, or other aesthetic structure P P P P P P P P
    34 Outdoor stage, bandstand, or similar structure P — — C P P P P

    Agriculture, Forestry, Fishing, and Hunting

    Row Use/Activity RP R-1 R-2 NC GC DT LI HI
    1 Grain silos and other storage structure for grains and agricultural products P P P P P P P P
    2 Animal production, including slaughter P — — — — — — P
    3 Livestock pens or hog houses P — — — — — — P
    4 **Hatcheries and poultry houses P A A — — — — P
    5 Greenhouses/nurseries P P P — — — — P
    6 Stables and other equine-related facilities P — — — — — — P
    7 Kennels and other canine-related facilities P — — — — — — —
    8 Apiary and other related structures P P P P P P P P
    9 Crop production P P P P P P P P
    10 Forestry and logging P — — — — — — —
    11 Fishing, hunting, and trapping, including game preserves and retreats P P P P P P P P
    12 Support functions for agriculture and forestry P — — P P P P P

    Mining and extraction establishments

    Row Use/Activity RP R-1 R-2 NC GC DT LI HI
    1 Oil and natural gas — — — — — — — P
    2 Metals (iron, copper, etc.) — — — — — — — P
    3 Coal — — — — — — — P
    4 Nonmetallic mining — — — — — — — P
    5 Quarrying and stone cutting — — — — — — — C

    Resource Protection

    Resource Protection zones are large unsubdivided tracts of land meant to provide for open space and agricultural use, accommodating extremely low density development that is consistent with agricultural use. These areas are meant to protect land from indiscriminate residential and urban development and other incompatible or conflicting land use. “RP” districts can also be used as a buffer along environmentally sensitive areas such as streams, floodplains, mineral deposits, woodland areas, and other natural resources. These resources must be protected from encroaching development to ensure their availability for timely utilization.

    Resource Protection Site Development Regulations

    Side setbacks-corner lots shall have a street side setback of 25’ excepting that pre-existing lots may reduce the street side yard setback to 15’.

    Zoning District RP
    Lot size (minimum, square feet) 435600
    Density (maximum, dwelling units per gross acre) 0.1
    Frontage (minimum, feet) NA
    Lot width (minimum, feet) NA
    Lot width (maximum, feet) NA
    Height (maximum, feet) 35
    Stories (maximum0 2 ½
    Front setback (minimum, feet) 30
    **Side setback (minimum, feet) 15
    Rear setback (minimum, feet) NA
    Lot coverage: lot less than 10 acres (nonconforming) 15
    Lot coverage: lot 10 acres or greater 5

    R-1 Single Family Residential (Low Density)

    R-1 Single Family Residential zones provide for low density residential development and allow certain public facilities and services which serve the development. They provide a buffer between agricultural lands and higher density urban development. This protects and preserves areas of the city which, by their nature and location exhibit a high potential as living areas for residents. “R-1” districts are characterized by single family dwellings on larger lots of land. These regulations are intended to preserve neighborhood qualities, encourage continuing maintenance, and rehabilitation by ensuring incompatible and conflicting land uses will not encroach on the neighborhood. This promotes a sense of community, urban vitality, and efficient provision of infrastructure.

    R-1 Site Development Regulations

    Side setbacks-corner lots shall have a street side setback of 25’ excepting that pre-existing lots may reduce the street side yard setback to 15’.

    Zoning District R-1
    Lot size (minimum, square feet) 20000
    Density (maximum, dwelling units per gross acre) 2
    Frontage (minimum, feet) 65
    Lot width (minimum, feet) 65
    Lot width (maximum, feet) NA
    Height (maximum, feet) 35
    Stories (maximum) 2 ½
    Front setback (minimum, feet) 20
    Maximum from setback (maximum, feet) NA
    **Side setback (minimum, feet) 5
    Rear setback (minimum, feet) 20
    Lot coverage (maximum, percent) 15
    Maximum building size (individual) NA
    Maximum building size (aggregate) NA

    R-2 Multi-Family Residential (Medium Density)

    R-2 Multi-Family Residential zones provide for medium density residential development and allow certain public facilities and services which serve the development. They consist of both single and multifamily dwelling units. This allows for the economic use of land while maintaining a safe and attractive residential environment.

    R-2 Site Development Regulations

    Side setbacks-corner lots shall have a street side setback of 25’ excepting that pre-existing lots may reduce the street side yard setback to 15’. There is a 20’ minimum rear setback for the primary dwelling only.

    Zoning District R-2
    Lot size (minimum, square feet) 5000
    Density (maximum, dwelling units per gross acre) 9
    Frontage (minimum, feet) 30
    Lot width (minimum, feet) 45
    Lot width (maximum, feet) 150
    Height (maximum, feet) 35
    Stories (maximum) 2 ½
    Front setback (minimum, feet) 20
    Maximum front setback (maximum, feet) 35
    **Side setback (minimum, feet) 5
    Rear setback (minimum, feet) 20
    Lot coverage (maximum, percent) 40
    Maximum building size (individual) NA
    Maximum building size (aggregate) NA

    Neighborhood Commercial

    Neighborhood Commercial zones provide for commercial activity that reflects the economic needs of the nearby residential districts by providing facilities, services, and shop front retail. The intent of this district is to reduce the amount of automobile trips by providing everyday services in close proximity to dwellings. This encourages and protects the transitional elements between residential and commercial use.

    Neighborhood Commercial Site Development Regulations

    Side setbacks-corner lots shall have a street side setback of 25’ excepting that pre-existing lots may reduce the street side yard setback to 15’.

    Zoning District NC
    Lot size (minimum, square feet) NA
    Density (maximum, dwelling units per gross acre) NA
    Frontage (minimum, feet) 10
    Lot width (minimum, feet) NA
    Lot width (maximum, feet) NA
    Height (maximum, feet) 35
    Stories (maximum) 2 ½
    Front setback (minimum, feet) 5
    Maximum front setback (maximum, feet) 20
    **Side setback (minimum, feet) 0
    Rear setback (minimum, feet) 30
    Lot coverage (maximum, percent) 70
    Maximum building size (individual) 2000
    Maximum building size (aggregate) 20000
    Minimum frontage built-out (percent) 65

    General Commercial

    General Commercial zones provide for areas which businesses requiring substantial space may be carried on. They contain a variety of commercial uses including uses that are oriented more toward services rather than retail activities, thus they are more appropriately located along major arterial streets or areas that can be buffered from residential districts. This district promotes a broad range of commercial operations and services necessary for large regions and supports economic diversification of the economic base of the community.

    General Commercial Site Development Regulations

    Side setbacks-corner lots shall have a street side setback of 25’ excepting that pre-existing lots may reduce the street side yard setback to 15’.

    Zoning District GC
    Lot size (minimum, square feet) NA
    Density (maximum, dwelling units per gross acre) NA
    Frontage (minimum, feet) 40
    Lot width (minimum, feet) NA
    Lot width (maximum, feet) NA
    Height (maximum, feet) 48
    Stories (maximum) 4
    Front setback (minimum, feet) 5
    Maximum front setback (maximum, feet) 100
    Side setback (minimum, feet) 0
    Rear setback (minimum, feet) 30
    Lot coverage (maximum, percentage) 80
    Minimum frontage built-out (percent) 65

    General Commercial Building Scale Regulations

    Uses with a building unit larger than 15,000 SF may be permitted as a Conditional Use that may have design standards imposed as a condition of granting the Conditional Use Permit.

    1. Maximum Building Size (Square Feet) (Individual)
    1. Design Standards
    15,000 or more C
    5,000 to 15,000 NA
    Less than 5,000 NA

    Downtown

    The Downtown zone provides for a vibrant mixture of uses designed to strengthen the town center’s role as the center of trade, services, and civic life.

    In its function as a commercial district, it should include a variety of activities such as office and retail functions, services, and transportations. In its function as a residential district, it should accommodate a broad range of housing stocking, including low, moderate, and upper income housing, single and multi-occupancy units, as well as housing for the elderly. Urban design standards should be utilized to create a pedestrian friendly environment and develop a complete neighborhood to enhance its image to both visitors and residents. Priority should be given to existing buildings whenever possible.

    Downtown Site Development Regulations

    Side setbacks-corner lots shall have a street side setback of 25’ excepting that pre-existing lots may reduce the street side yard setback to 15’.

    Zoning Code D
    Lot size (minimum, square feet) NA
    Density (maximum, dwelling units per gross acre) NA
    Frontage (minimum, feet) NA
    Lot width (minimum, feet) NA
    Lot width (maximum, feet) NA
    Height (maximum, feet) NA
    Stories (maximum) NA
    Front setback (minimum, feet) 0
    Maximum front setback (maximum, feet) 20
    **Side setback (minimum, feet) NA
    Rear setback (minimum, feet) 15
    Lot coverage (maximum, percent) NA
    Maximum building size (individual) NA
    Maximum building size (aggregate) NA
    Minimum frontage built out (percent) 8

    Light Industrial

    Light Industrial zones provide sights for the location of industrial uses with relatively limited environmental effects such as light manufacturing, office parks, flex spaces, and limited retail. Adequate parking and loading are necessary for this type of use. Residential and other similar uses are prohibited to limit the environmental effects associated with certain industrial use, regardless of best practice adherence.

    Light Industrial Site Development Regulations

    Side setbacks-corner lots shall have a street side setback of 25’ excepting that pre-existing lots may reduce the street side yard setback to 15’.

    Zoning Code LI
    Lot size (minimum, square feet) NA
    Density (maximum, dwelling units per gross acre) NA
    Frontage (minimum, feet) 50
    Lot width (minimum, feet) NA
    Lot width (maximum, feet) NA
    Height (maximum, feet) 50
    Stories (maximum) 5
    Front setback (minimum, feet) 20
    Maximum front setback (maximum, feet) NA
    **Side setback (minimum, feet) 30
    Rear setback (minimum, feet) 30
    Lot coverage (maximum, percent) 70
    Maximum building size (individual) NA
    Maximum building size (aggregate) NA

    Heavy Industrial

    Heavy Industrial zones provide and open and environmentally attractive atmosphere for a wide variety of industrial uses, some of which may have significant external effects. This district should have a buffer area between it and other conflicting uses to preserve the character of the other areas.

    Heavy Industrial Site Development Regulations

    Side setbacks-corner lots shall have a street side setback of 25’ excepting that pre-existing lots may reduce the street side yard setback to 15’.

    Zoning Code HI
    Lot size (minimum, square feet) NA
    Density (maximum, dwelling units per gross acre0 NA
    Frontage (minimum, feet) 100
    Lot width (minimum, feet) 100
    Lot width (maximum, feet) NA
    Height (maximum, feet) 60
    Stories (maximum) 5
    Front setback (minimum, feet) 30
    Maximum from setback (maximum, feet) NA
    **Side setback (minimum, feet) 50
    Rear setback (minimum, feet) 50
    Lot coverage (maximum, percent) 80
    Maximum building size (individual) NA
    Maximum building size (aggregate) NA