Loading...
ADMINISTRATIVE PROVISIONS AND ENFORCEMENT AND FEES
§ 153.135 INTRODUCTION.
   (A)   The purpose of this section is to assist the city in the implementation of the Comprehensive Plan, zoning, and subdivision regulations. The City Council, Planning Commission, Zoning Administrator (or City Clerk), and the Zoning Board of Adjustment are responsible for the enforcement of the plan and its implementation, through utilization of the zoning and subdivision regulations.
   (B)   The procedures provided in this section are to be used as a tool or means of assisting the community and local officials and commission members. It should be noted, however, the procedures and processes described in this section are models and are subject to change due to modifications, alterations, and additional requirements through legislative action and/or judicial rulings by Courts of Law, it is therefore necessary to monitor potential legislative actions and judicial rulings. Several resources are available to assist the community in the task, including the City Attorney, City Clerk, League of Nebraska Municipalities, Nebraska Planning and Zoning Association, American Planning Association - Nebraska Chapter, Nebraska Department of Economic Development - Community Affairs Division, and local state senator(s). All of the resources should be utilized, particularly to maintain up-to-date and enforceable zoning and subdivision regulations.
(Ord. 667, passed 12-3-2014)
§ 153.136 GOVERNING BODY.
   (A)   Generally. One of the primary governmental organizations involved in the planning and zoning process is the governing body of the city. For the purpose of zoning administration, the governing body for the city is the duly elected City Council and Mayor.
   (B)   Responsibilities. The governing body has the following responsibilities for zoning administration:
      (1)   Appoint members to the Planning Commission;
      (2)   Officially adopt the Comprehensive Plan, zoning, and subdivision regulations;
      (3)   Hold public hearings prior to adoption or amendment of the Comprehensive Plan, zoning, and subdivision regulations;
      (4)   Create the Board of Zoning Adjustment;
      (5)   Consult with the Planning Commission prior to official action by governing body on the adoption or amendment of zoning and subdivision regulations;
      (6)   Approve or disapprove subdivision plats;
      (7)   Grant waivers to the provisions of the subdivision regulations; and
      (8)   Approve expenditure of funds for zoning administration.
(Ord. 667, passed 12-3-2014)
§ 153.137 PLANNING COMMISSION.
   (A)   Generally.
      (1)   A Planning Commission is a group of local citizens, appointed by the Mayor and City Council. The Planning Commission carries out planning activities and serves in an “advisor” capacity to the City Council. State statutes require that planning commissions must be consulted by the governing body on matters concerning community planning before the elected officials can take formal action. The Planning Commission must therefore develop the capabilities, which enable it to provide sound and knowledgeable advice to those who seek it.
      (2)   Nebraska legislation gives any municipality the power to create by ordinance a Planning Commission. The Planning Commission of a city shall be designated city planning or city Plan Commission (Neb. RS 19-925). Planning Commissions have jurisdictions over the incorporated area and can take jurisdiction over the area outside the city limits up to one mile.
   (B)   Duties and powers of the Planning Commission.
      (1)   Make and adopt plans for the physical development of the municipality that can include the following:
         (a)   Comprehensive Plan;
         (b)   Capital improvement program;
         (c)   Subdivision regulations;
         (d)   Building codes; and
         (e)   Zoning Code.
      (2)   Consult and advise with public officials and agencies; public utilities, civic organizations, educational institutions, and citizens with relation to the adoption and implementation of the Comprehensive Plan;
      (3)   Delegate authority to any such group to conduct studies and make surveys for the Commission;
      (4)   Make recommendations to the City Council on the adoption or amendment of the Comprehensive Plan, subdivision regulations, zoning ordinance, or capital improvements;
      (5)   Make and enter into contracts with public or private bodies, with the consent of the City Council;
      (6)   Conduct or sponsor special studies or planning work for any public body or appropriate agency;
      (7)   Receive grants, remuneration, or reimbursement for studies conducted;
      (8)   Summon witnesses, administer oaths, and compel the giving of testimony at public hearings; and
      (9)   Make recommendation on the approval or denial of special permits to the City Council (Neb. RS 19-929).
   (C)   Meetings. The Commission shall hold at least one regular meeting in each month. It shall adopt rules for transaction of business and shall keep a record of its resolutions, transactions, findings, and determinations. The Planning Commission meetings shall adhere to the public meetings law and the minutes of such meeting shall be a public record.
   (D)   Nebraska public meeting statutes. Every meeting of a public body shall be open to the public in order that citizens may attend and speak at such meeting. The public meeting law is broadly interpreted and liberally construed to obtain the objectives of openness in favor of the public and provisions permitted closed sessions must be narrowly and strictly construed (Neb. RS 84-1408). Public meetings shall also adhere to the rules and regulations authorized by Neb. RS 84-1409 through 84-1414.
(Ord. 667, passed 12-3-2014)
§ 153.138 ZONING ADMINISTRATOR.
   (A)    This chapter shall be administered by a Zoning Administrator who shall be appointed by the City Council.
   (B)   In many communities, the Zoning Administrator is also designated as the Building Inspector. The Zoning Administrator is the central figure in zoning administration. All zoning and subdivision cases are coordinated through the office of the Zoning Administrator and the Administrator is the first and last person who has contact with developers and builders with regard to zoning and approval of subdivisions.
As the name implies, the Zoning Administrator is not a policy maker nor does the Administrator establish the zoning regulations or subdivision requirements. If there is any question about whether or not to grant approval of a zoning permit or subdivision plat, the Zoning Administrator will immediately begin routing the application to the appropriate governmental organization for action.
   (C)   Specific duties of the Zoning Administrator include:
      (1)   Issue building permits and certificates of occupancy.
         (a)   Receive application and permit fee from anyone who is erecting any structure within the zoning jurisdiction;
         (b)   Explain to the applicant what the requirements are in the zoning regulations or any codes adopted by the governing body;
         (c)   Check with zoning regulations to see if land is properly zoned and if plans meet the legal requirements. If in conformance, then submit the application to the Planning Commission and City Council for their review and consideration for approval. If approved by both the Planning Commission and City Council, then issue the permit; and
         (d)   Make final inspection at that time to determine if structure meets all legal requirements.
      (2)   Receive applications for variance:
         (a)   Inform applicant of legal procedures;
         (b)   Prepare report for Zoning Board of Adjustment, which describes property and special conditions;
         (c)   Transmits report to Zoning Board of Adjustment; and
         (d)   Keep complete records on application.
      (3)   Receive applications for special use permits:
         (a)   Inform applicant of zoning requirements and codes and of legal process;
         (b)   Advertise public hearing ten days prior to Planning Commission meeting;
         (c)   Notify area residents as prescribed by law; and
         (d)   Maintain records.
      (4)   Receive requests for rezoning:
         (a)   Inform applicant of legal process;
         (b)   Prepare report for the Planning Commission that describes property and neighborhood;
         (c)   Advertise public hearing ten days prior to the Planning Commission meeting. Inform school board of proposed rezoning at least ten days before public hearing. Notify area residents as prescribed by law;
         (d)   Keep minutes of public hearing;
         (e)   Advertise public hearing before governing body at least ten days prior to meeting;
         (f)   Keep minutes of public hearing held by governing body; and
         (g)   If rezoning is granted, make the appropriate change on the official zoning map.
      (5)   Prepare proposals for amending zoning regulations:
         (a)   Upon request from Planning Commission or governing body, prepare zoning amendment to the regulations;
         (b)   Present proposal to the Planning Commission and governing body;
         (c)   Advertise for public hearing before the Planning Commission at least ten days prior to hearing. Inform school board of proposed amendment at the same time;
         (d)   Keep minutes of public hearing; and
         (e)   Advertise for public hearing before governing body at least ten days prior to hearing.
      (6)   Receive application for subdivision plat:
         (a)   Receive application from anyone who is subdividing any parcel of land into two or more parcels;
         (b)   Explain to applicant what the requirements are in the subdivision regulations or related regulations effecting the subdivision of land in the political jurisdiction;
         (c)   Make arrangements for conferences between the subdivider and the Planning Commission or governing body;
         (d)   Receive and review pre-plat sketch, preliminary plat, and formal plat;
         (e)   Submit comments and plat review remarks to the Planning Commission or governing body where appropriate;
         (f)   Inform the subdivider of plat approval or denial by governing body; and
         (g)   Keep records of all subdivisions and incorporate appropriate changes to the official base map for the political jurisdiction resulting from approval of subdivision.
      (7)   Receive application for waiver to the provisions of the subdivision regulations:
         (a)   Receive application for waiver from the subdivider;
         (b)   Inform the subdivider of the required procedures;
         (c)   Prepare report for the Planning Commission describing the waiver and applicable information relating to the waiver;
         (d)   Transmit recommendations of the Planning Commission to the governing body with appropriate comments regarding approval or denial of the request for a waiver;
         (e)   Notify the subdivider of action by the Planning Commission and the governing body; and
         (f)   Keep records of all applications for waivers.
      (8)   Prepare proposals for amending the subdivision regulations:
         (a)   Upon request from the Planning Commission or governing body, prepare amendment to the regulations;
         (b)   Present proposal to the Planning Commission and governing body;
         (c)   Advertise for public hearing before the Planning Commission at least ten days prior to hearing. Inform school board of proposed amendment at the same time;
         (d)   Keep minutes of public hearing;
         (e)   Advertise for public hearing before governing body at least ten days prior to hearing;
         (f)   Keep minutes of public hearing held by governing body; and
         (g)   If amendment is approved, make appropriate changes in all official copies of the subdivision regulations.
      (9)   Maintain permanent and current records of this chapter, including but not limited to, all zoning maps, amendments, special use permits, variances, appeals, and applications thereof and records of hearings thereon and update each year:
         (a)   The compiled text of this chapter and amendments thereto, including all amendments adopted through the preceding December 31; and
         (b)   A zoning map or maps, showing the zoning districts, divisions, and classifications in effect on the preceding December 31.
      (10)   Whenever the Zoning Administrator shall find that any of the provisions of this chapter have been or are being violated, he or she shall notify, in writing, the person responsible for such violation, indicating the nature of the violation and ordering the action necessary to correct it. He or she may order discontinuance of illegal use of land, buildings, or structures; removal of illegal buildings, structures, or additions or alterations thereto; discontinuance of any illegal work being done; or take any other appropriate action authorized by this chapter to ensure compliance with, or to prevent violation of, its provisions.
   (D)   As the above mentioned duties indicate, the Zoning Administrator equally serves both the citizens of the community who apply for building permits or submit plats and the local governing body.
(Ord. 667, passed 12-3-2014; Ord. 718, passed 9-1-2021)
§ 153.139 ZONING BOARD OF ADJUSTMENT.
   (A)   Generally. The Zoning Board of Adjustment has important duties. Its functions, partly administrative and partly judicial, are defined and limited by state enabling legislation and by provisions of the local zoning ordinance. This quasi-judicial body’s powers include hearing and deciding appeals, map interpretations, and granting variances from the zoning ordinance. Under state statutes, the Zoning Board of Adjustment is not a policymaking body, nor is it intended to be. The Board is the body, which provides flexibility in the administration of the zoning regulation.
   (B)   State enabling legislation. Under Neb. RS 19-907, the local legislative body creates Zoning Boards of Adjustment by ordinance. Statutory references for municipal zoning boards of adjustment are in Neb. RS 19-907 through 19-912.
   (C)   Meetings.
      (1)   Meetings of the Board shall be held at such times as the governing body may designate or at the call of the chairperson.
      (2)   All meetings of the Board shall be open to the public and adhere to the provisions of the state public meetings law.
      (3)   The Board shall keep minutes of its proceedings, showing the vote of each member upon each question, or if absent or failing to vote, indicating such fact, and shall keep records of its examinations and other official actions, all of which shall be immediately filed in the office of the Board and shall be a public record.
      (4)   The Board must hold a public hearing before deciding upon applications for variances.
      (5)   The concurring vote of four members of the Board shall be necessary to reverse any order, requirement, decision, or determination of any municipal official, or to decide in favor of the applicant to effect any variance from the zoning ordinance.
   (D)   Duties and powers. The Zoning Board of Adjustment has the following powers as authorized by state legislation and local ordinance:
      (1)   To hear and decide appeals where it is alleged there is error in any order, requirement, and decision or determination made by a municipal official based on the zoning ordinance;
      (2)   To hear and decide, in accordance with the provisions of the zoning ordinance, request for interpretation of any map;
      (3)   To hear and decide applications for variance from the zoning ordinance; and
      (4)   Summon witnesses, administer oaths, and compel the giving of testimony at public hearings.
   (E)   Criteria for granting variances. 
      (1)   The criteria and conditions that must exist for granting a variance is identified by state statute and in this chapter. The variance is intended as a device for adjustment where the ordinance creates unnecessary hardship in unusual cases, to give affected property owners rights as nearly equal as possible to those of others in the same district.
      (2)   A heavy caseload on variances may indicate that the ordinance is, or one of its specific regulations, is not appropriate, the Board is malfunctioning, or both. The need for variances should be minor, and variances should be granted sparingly.
      (3)   Under no circumstances can the Board grant a variance to permit a use not generally or by special permit allowed in the zoning district.
      (4)   A variance is granted for the property and not for the owner of the property. The variance is thus in effect perpetually and remains with the property and whatever structure may be constructed in the future.
      (5)   The following are general guidelines, which can be used by the Board in deciding upon applications for variances. These general guidelines are to be used in conjunction with the criteria and conditions specified in the zoning ordinance.
         (a)   A variance is not the appropriate remedy for a general condition. If this were the case, a change in the zoning regulation would be the appropriate action.
         (b)   Self-inflicted hardships are not grounds for a variance. If the request for the variance is based upon some action of the applicant, such as the selling of a portion of a lot which does not comply to the existing district regulations as opposed to a case where the area or width of a lot was reduced because land was taken for street widening.
         (c)   Personal hardship is not grounds for a variance. The hardship must relate to the physical character of the property.
         (d)   Economic hardship in itself is not grounds for a variance. It may be considered as an element, but there must be other compelling considerations. In general, the law guarantees that police power measures will not prevent a property owner from obtaining some reasonable return on his or her land, however that may be defined. One of the most common statements in variance law is that purely financial hardship, such as, restriction to a less profitable use, is not sufficient to justify a variance. The granting of such variance must be based upon a clearly demonstrable hardship approaching confiscation, as distinguished from a special privilege or convenience sought by the applicant.
(Ord. 667, passed 12-3-2014)
§ 153.140 ENFORCEMENT.
   (A)   Building permit required. No building or other structure shall be erected, moved, added to, or structurally altered without a building permit first having been issued by the Zoning Administrator. No building permit shall be issued unless the proposed construction or use is in conformance with all of the provisions of this chapter and with all other applicable codes, regulations, and laws of the city, and with all orders, and variances lawfully issued by the Board of Adjustment. A building permit shall not be required for agricultural (non-residential) buildings or structures in the AG Agricultural Residential Districts or for improvements that have a value of $1,000 or less. Construction must begin within 90 days of issuance of the permit. The building permit will be valid for a period of two years.
      (1)   Application for building permit. All applications for a building permit shall be accompanied by a plot plan showing the location, ground area, height, and bulk of all present and proposed structures, additions, parking areas, and site improvements; the actual dimensions and shape of the lot lines; the uses to be built upon; the building lines in proposed structures or additions; and any other reasonable and pertinent information as may be required by the Zoning Administrator or the proper enforcement of this chapter.
      (2)   Approval or disapproval of permit. The Zoning Administrator shall examine all applications for building permits, including plans, specifications, and documents filed therewith and shall either approve or.
      (3)   Approval or disapproval of permit. The Zoning Administrator shall examine all applications for building permits, including plans, specifications, and documents filed therewith, and shall either approve or disapprove such application within 30 days of receipt of same. Upon approval and receipt of required fees, the Zoning Administrator shall promptly issue the building permit and shall affix his or her signature to the permit and the plans, and mark the plans “approved”. Upon disapproval of the application, the Zoning Administrator shall refuse to issue the permit and shall state in writing on the plans the reasons for disapproval, affix his or her signature, and mark the plans “disapproved”.
      (4)   Appeal from approval or disapproval. An appeal from approval or disapproval of application shall be made to the Board of Adjustment in writing within ten days after the determination of the Zoning Administrator has been filed.
      (5)   Certification of occupancy required. No building, structure, or land shall be used or occupied, in whole or in part, nor shall any change made in the use or type of occupancy of an existing building or structure requiring a building permit, nor shall any change be made in the use of land, except to any use which is primarily agricultural, unless a certificate of occupancy shall be issued by the Zoning Administrator in accordance with this chapter.
      (6)   Temporary certificate. Upon request, the Zoning Administrator may issue a partial certificate of occupancy for a period not to exceed 90 days, for a building or structure or part thereof; before the entire work covered by the building permit shall have been completed, provided such portion or portions as have been completed may be occupied safely without endangering life or the public welfare.
   (B)   Application for certificate of occupancy. 
      (1)   Generally. All applications for certificate of occupancy shall be made by the owner or his or her agent and shall be accompanied by an affidavit of the owner, registered architect, licensed professional engineer, or superintendent of construction who shall state that he or she has examined the approved plans of the structure, that said structure has been erected in accordance with the approved plans, and that it complies with this chapter and all local code and resolutions/ordinances governing building construction. The application and affidavit shall be filed with the Zoning Administrator.
      (2)   Issuance of certificate of occupancy.
         (a)   Before issuing a certificate of occupancy, the Zoning Administrator shall examine all buildings, structures, or sites for which an application has been filed for a building permit to construct, enlarge, alter, repair, remove, demolish, or change the use or occupancy. The Zoning Administrator shall maintain a record of all examinations and inspections, together with a record of findings of violations of the law.
         (b)   A certificate of occupancy shall be deemed to authorize, and is required for, both initial and continued occupancy, and use of the building or laud to which it applies, and shall continue in effect so long as such building or laud is used as authorized in the certificate of occupancy.
(Ord. 667, passed 12-3-2014) Penalty, see § 153.999
Loading...