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(A) (1) If the City Council adopts zoning or other regulations pursuant to Neb. Rev. Stat. §§ 19-901 et seq., the Planning Commission shall consist of five, seven or nine regular members, as specified by the City Council by ordinance, who shall represent, insofar as is possible, the different professions or occupations in the city and shall be appointed by the Mayor by and with the approval of a majority vote of the members elected to the City Council. Two of the regular members may be residents of the area over which the city is authorized to exercise extraterritorial zoning and subdivision regulation. When there are 500 residents in the area over which the city exercises extraterritorial zoning and subdivision regulation, one regular member of the Commission shall be a resident from such area. If it is determined by the City Council that 500 residents reside in the area subject to extraterritorial zoning or subdivision regulation, and no such resident is a regular member of the Commission, the first available vacancy on the Commission shall be filled by the appointment of such an individual. A number of commissioners equal to a majority of the number of regular members appointed to the Commission shall constitute a quorum for the transaction of any business. All regular members of the Commission shall serve without compensation. The term of each regular member shall be three years, except that one-third or fewer of the regular members of the first commission to be so appointed shall serve for terms of one year, one-third or fewer for terms of two years, and the remaining members for terms of three years. All regular members shall hold office until their successors are appointed. Any member may, after a public hearing before the Council, be removed by the Mayor with the consent of a majority vote of the members elected to the Council for inefficiency, neglect of duty or malfeasance in office or other good and sufficient cause. Vacancies occurring otherwise than through the expiration of term shall be filled for the unexpired portion of the term by the Mayor.
(2) The Mayor may, with the approval of a majority vote of the elected members of the Council, appoint one alternate member to the Planning Commission. The alternate member shall serve without compensation. The term of the alternate member shall be three years, and he or she shall hold office until his or her successor is appointed and approved. The alternate member may be removed from office in the same manner as a regular member. If the alternate member position becomes vacant other than through the expiration of the term, the vacancy shall be filled for the unexpired portion of the term by the Mayor with the approval of a majority vote of the elected members of the Council. The alternate member may attend any meeting and may serve as a voting and participating member of the Commission at any time when less than the full number of regular Commission members is present and capable of voting.
(3) A regular or alternate member of the Planning Commission may hold any other municipal office except:
(a) Mayor;
(b) A member of the City Council;
(c) A member of any community redevelopment authority or limited community redevelopment authority created under Neb. Rev. Stat. § 18-2102.01; or
(d) A member of any citizen advisory review committee created under Neb. Rev. Stat. § 18-2715.
(Neb. Rev. Stat. § 19-926)
(B) The Commission shall elect its Chairperson from its members and create and fill such other of its offices as it may determine. The term of the Chairperson shall be one year, and he or she shall be eligible for reelection. The Commission shall hold at least one regular meeting in each calendar quarter, except as provided in this section. The City Council may require the Commission to meet more frequently and the Chairperson of the Commission may call for a meeting when necessary to deal with business pending before the Commission. If no business is pending before the Commission, the Chairperson may cancel a quarterly meeting, but no more than three quarterly meetings may be cancelled per calendar year. The Commission shall adopt rules and regulations for the transaction of business and shall keep a record of its resolutions, transactions, findings and determinations, which shall be a public record.
(Neb. Rev. Stat. § 19-927)
(C) No member of the Commission shall serve in the capacity of both the Chairperson and Secretary of the Commission. The Secretary shall keep the full and correct minutes and records of all meetings and file them with the City Clerk where they shall be available for public inspection during office hours.
(D) The City Council may provide the funds, equipment and accommodations necessary for the work of the Commission, but the expenditures of the Commission, exclusive of gifts, shall be within the amounts appropriated for that purpose by the Council; and no expenditures nor agreements for expenditures shall be valid in excess of such amounts.
(Neb. Rev. Stat. § 19-928)
(E) (1) (a) Except as provided in Neb. Rev. Stat. §§ 19-930 through 19-933, the Planning Commission shall:
1. Make and adopt plans for the physical development of the city, including any areas outside its boundaries which in the Commission’s judgment bear relation to the planning of such city and including a comprehensive development plan as defined by Neb. Rev. Stat. § 19-903;
2. Prepare and adopt such implemental means as a capital improvement program, subdivision regulations, building codes and a zoning ordinance in cooperation with other interested city departments; and
3. Consult with and advise public officials and agencies, public utilities, civic organizations, educational institutions and citizens with relation to the promulgation and implementation of the comprehensive development plan and its implemental programs. The Commission may delegate authority to any such group to conduct studies and make surveys for the commission, make preliminary reports on its findings and hold public hearings before submitting its final reports.
(b) The City Council shall not take final action on matters relating to the comprehensive development plan, capital improvements, building codes, subdivision development, the annexation of territory or zoning until it has received the recommendation of the Planning Commission; provided, that the Planning Commission shall make its recommendation so that it is received by the City Council within 60 days after the Commission begins consideration of a matter or within such other number of days as the City Council has set by ordinance.
(c) A recommendation from the Planning Commission shall not be required for subdivision of existing lots and blocks whenever all required public improvements have been installed, no new dedication of public rights-of-way or easements is involved, and such subdivision complies with the ordinance requirements concerning minimum areas and dimensions of such lots and blocks, if the City Council has designated by ordinance an agent pursuant to Neb. Rev. Stat. § 19-916.
(2) (a) The Commission may, with the consent of the City Council, in its own name make and enter into contracts with public or private bodies, receive contributions, bequests, gifts or grant funds from public or private sources, expend the funds appropriated to it by the city, employ agents and employees and acquire, hold and dispose of property.
(b) The Commission may on its own authority make arrangements consistent with its program, conduct or sponsor special studies or planning work for any public body or appropriate agency, receive grants, remuneration or reimbursement for such studies or work, and at its public hearings, summon witnesses, administer oaths and compel the giving of testimony.
(3) (a) The Commission may grant conditional uses or special exceptions to property owners for the use of their property if the City Council has, through a zoning ordinance or special ordinance, generally authorized the Commission to exercise such powers and has approved the standards and procedures adopted by the Commission for equitably and judiciously granting such conditional uses or special exceptions. The granting of a conditional use permit or special exception shall only allow property owners to put their property to a special use if it is among those uses specifically identified in the zoning ordinance as classifications of uses which may require special conditions or requirements to be met by the owners before a use permit or building permit is authorized.
(b) The power to grant conditional uses or special exceptions shall be the exclusive authority of the Commission, except that the City Council may choose to retain for itself the power to grant conditional uses or special exceptions for those classifications of uses specified in the zoning ordinance. The Council may exercise such power if it has formally adopted standards and procedures for granting such conditional uses or special exceptions in a manner that is equitable and will promote the public interest.
(c) An appeal of a decision by the Commission or Council regarding a conditional use or special exception shall be made to the district court.
(Neb. Rev. Stat. § 19-929)
Statutory reference:
Other provisions on planning commissions, see Neb. Rev. Stat. §§ 19-925 through 19-933
(A) If the City Council adopts zoning or other regulations pursuant to Neb. Rev. Stat. §§ 19-901 et seq., except as provided in division (B) below, the Council shall provide for the appointment of a Board of Adjustment. Any actions taken by the Board of Adjustment shall not exceed the powers granted by division (F) below.
(Neb. Rev. Stat. § 19-907)
(B) If the county has adopted a comprehensive development plan, as defined by Neb. Rev. Stat. § 23-114.02, and is enforcing zoning regulations based upon such a plan, the Zoning Board of Adjustment of the county shall, upon request of the City Council, serve as the Zoning Board of Adjustment for the city. If the city is located in more than one county, it shall be served by request or otherwise only by the County Zoning Board of Adjustment of the county in which the greatest area of the city is located, and the jurisdiction of such County Zoning Board of Adjustment shall include all portions of the city and its extraterritorial control, regardless of county lines.
(Neb. Rev. Stat. § 19-912.01)
(C) (1) The Board of Adjustment shall consist of five regular members, plus one additional member designated as an alternate who shall attend and serve only when one of the regular members is unable to attend for any reason, each to be appointed for a term of three years and removable for cause by the appointing authority upon written charges and after public hearings. Vacancies shall be filled for the unexpired term of any member whose term becomes vacant. One member only of the Board of Adjustment shall be appointed from the membership of the Planning Commission, and the loss of membership on the Planning Commission by such member shall also result in his or her immediate loss of membership on the Board of Adjustment and the appointment of another Planning Commissioner to the Board of Adjustment. The first vacancy occurring on the Board of Adjustment shall be filled by the appointment of a person who resides in the extraterritorial zoning jurisdiction of the city at such time as more than 200 persons reside within such area if the Board does not already include such a person. Thereafter, at all times, at least one member of the Board of Adjustment shall reside outside of the corporate boundaries of the city but within its extraterritorial zoning jurisdiction.
(2) The Board of Adjustment shall adopt rules in accordance with the provisions of any ordinance adopted pursuant to Neb. Rev. Stat. §§ 19-901 through 19-914. Meetings of the Board of Adjustment shall be held at the call of the Chairperson and at such other times as the Board may determine. Such Chairperson, or in his or her absence the Acting Chairperson, may administer oaths and compel the attendance of witnesses. All meetings of the Board shall be open to the public. 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.
(Neb. Rev. Stat. § 19-908)
(D) A number of members equal to a majority of the number of regular members appointed to the Board of Adjustment shall constitute a quorum for the transaction of any business. All members of an appointed Board of Adjustment shall serve without compensation and shall hold no other city office except for the member of the Planning Commission appointed to serve on the Board of Adjustment. No member of the Board of Adjustment shall serve in the capacity of both Chairperson and Secretary of the Board. The Secretary shall keep the full and correct minutes and records of all meetings and file them with the City Clerk where they shall be available for public inspection during office hours.
(E) Appeals to the Board of Adjustment may be taken by any person aggrieved or by any officer, department, board or bureau of the city affected by any decision of the administrative officer. Such appeal shall be taken within a reasonable time, as provided by the rules of the Board, by filing with the officer from whom the appeal is taken and with the Board of Adjustment a notice of appeal specifying the grounds thereof. The officer from whom the appeal is taken shall forthwith transmit to the Board all the papers constituting the record upon which the action appealed from was taken. An appeal stays all proceedings in furtherance of the action appealed from, unless the officer from whom the appeal is taken certifies to the Board of Adjustment, after the notice of appeal shall have been filed with him or her, that by reason of facts stated in the certificate a stay would, in his or her opinion, cause imminent peril to life or property. In such case proceedings shall not be stayed otherwise than by a restraining order which may be granted by the Board of Adjustment or by a court of record on application on notice to the officer from whom the appeal is taken and on due cause shown. The Board of Adjustment shall fix a reasonable time for the hearing of the appeal, give public notice thereof, as well as due notice to the parties in interest, and decide the same within a reasonable time. Upon the hearing, any party may appear in person or by agent or by attorney.
(Neb. Rev. Stat. § 19-909)
(F) (1) The Board of Adjustment shall, subject to such appropriate conditions and safeguards as may be established by the City Council, have only the following powers:
(a) To hear and decide appeals when it is alleged there is error in any order, requirement, decision or determination made by an administrative official or agency based on or made in the enforcement of any zoning regulation or any regulation relating to the location or soundness of structures, except that the authority to hear and decide appeals shall not apply to decisions made by the City Council or Planning Commission regarding a conditional use or special exception under Neb. Rev. Stat. § 19-929(3);
(b) To hear and decide, in accordance with the provisions of any zoning regulation, requests for interpretation of any map; and
(c) When by reason of exceptional narrowness, shallowness or shape of a specific piece of property at the time of the enactment of the zoning regulations, or by reason of exceptional topographic conditions or other extraordinary and exceptional situation or condition of such piece of property, the strict application of any enacted regulation under Neb. Rev. Stat. §§ 19-901 and 19-903 through 19-904.01 and this division (F) or division (C) above would result in peculiar and exceptional practical difficulties to or exceptional and undue hardships upon the owner of such property, to authorize, upon an appeal relating to the property, a variance from such strict application so as to relieve such difficulties or hardship, if such relief may be granted without substantial detriment to the public good and without substantially impairing the intent and purpose of any ordinance or resolution.
(2) (a) No such variance shall be authorized by the Board unless it finds that:
1. The strict application of the zoning regulation would produce undue hardship;
2. Such hardship is not shared generally by other properties in the same zoning district and the same vicinity;
3. The authorization of such variance will not be of substantial detriment to adjacent property and the character of the district will not be changed by the granting of the variance; and
4. The granting of such variance is based upon reason of demonstrable and exceptional hardship as distinguished from variations for purposes of convenience, profit or caprice.
(b) No variance shall be authorized unless the Board finds that the condition or situation of the property concerned or the intended use of the property is not of so general or recurring a nature as to make reasonably practicable the formulation of a general regulation to be adopted as an amendment to the zoning regulations.
(3) In exercising the powers granted in this division (F), the Board may, in conformity with Neb. Rev. Stat. §§ 19-901 through 19-915, reverse or affirm, wholly or partly, or may modify the order, requirement, decision or determination appealed from, and may make such order, requirement, decision or determination as ought to be made, and to that end shall have all the powers of the officer from whom the appeal is taken. The concurring vote of four members of the Board shall be necessary to reverse any order, requirement, decision or determination of any such administrative official or to decide in favor of the applicant on any matter upon which it is required to pass under any such regulation or to effect any variation in such regulation.
(Neb. Rev. Stat. § 19-910)
(G) Any person or persons, jointly or severally, aggrieved by any decision of the Board of Adjustment, or any taxpayer, or any officer, department, board or bureau of the city, may present to the district court a petition duly verified, setting forth that such decision is illegal, in whole or in part, and specifying the grounds of such illegality. Such petition must be presented to the court within 15 days after the filing of the decision in the office of the Board. Upon the filing of such petition, a summons shall be issued and be served upon the Board of Adjustment, together with a copy of the petition. Return of service shall be made within four days after the issuance of the summons. Within ten days after the return day of such summons, the Board of Adjustment shall file an answer to the petition which shall admit or deny the substantial averments of the petition and shall state the contentions of the Board with reference to the matters in dispute as disclosed by the petition. The answer shall be verified in like manner as required for the petition. At the expiration of the time for filing answer, the court shall proceed to hear and determine the cause without delay and shall render judgment thereon according to the forms of law. If, upon the hearing, it appears to the court that testimony is necessary for the proper disposition of the matter, it may take evidence or appoint a referee to take such evidence as it may direct and report the same to the court with his or her findings of fact and conclusions of law, which shall constitute a part of the proceedings upon which the determination of the court shall be made. The court may reverse or affirm, wholly or partly, or may modify the decision brought up for review. The appeal to the district court shall not stay proceedings upon the decision appealed from, but the court may, on application, on notice to the Board and on due cause shown, grant a restraining order. Any appeal from such judgment of the district court shall be prosecuted in accordance with the general laws of the state regulating appeals in actions at law.
(Neb. Rev. Stat. § 19-912)
(A) (1) The Board of Health shall consist of four members: the Mayor, who shall be Chairperson; the President of the City Council; and two other members. One member shall be a physician or healthcare provider, if one can be found who is willing to serve. Such physician or healthcare provider, if appointed, shall be the Board’s medical advisor. If the Mayor has appointed a Chief of Police, the Chief of Police shall serve on the Board as secretary and quarantine officer.
(2) A majority of the Board of Health shall constitute a quorum and shall enact rules and regulations, which shall have the full force and effect of law, to safeguard the health of the people of the city, may enforce them and may provide fines and punishments for the violation of such rules and regulations. The Board shall have power to and shall make all needful rules and regulations relating to matters of sanitation of the city, including the removal of dead animals, the sanitary condition of the streets, alleys, vacant grounds, stockyards, cattle and hog pens, wells, cisterns, privies, water closets, cesspools, stables and all buildings and places not specified where filth, nuisances or offensive matter is kept or is liable to or does accumulate. It may regulate, suppress and prevent the occurrence of nuisances and enforce all laws of the state and ordinances of the city relating to nuisances or to matters of sanitation of the city. The Board shall also have control of hospitals, dispensaries, places for treatment of sick people and matters relating to the same under such restrictions and provisions as may be provided by ordinance of the city.
(Neb. Rev. Stat. § 17-121)
(B) The members of the Board of Health other than the Mayor, President of the Council and Chief of Police shall serve terms of office of the length specified by the City Council and may be reappointed.
(C) The Board of Health shall reorganize at its meeting after appointments are regularly considered by the City Council and, if necessary, select a member to serve as secretary. No member of the Board of Health shall hold more than one Board of Health position. The secretary shall keep full and correct minutes and records of all meetings and file the same with the City Clerk where they shall be available for public inspection during office hours.
(D) The Board shall meet at such times as the City Council may designate. Special meetings may be held upon the call of the Chairperson or any two members of the Board of Health.
(E) The members of the Board of Health shall serve without compensation. The Board of Health shall be funded by the City Council from time to time out of the General Fund.
(F) The Board of Health shall regularly inspect such premises and businesses as the City Council may direct.
(G) All members of the Board of Health shall be responsible for making such reports and performing such other duties as the City Council may from time to time designate.
(A) Members. The Cemetery Board shall consist of six members appointed by the Mayor with the consent of the City Council from the citizens at large. Every new or reappointed member shall serve a term of three years. Board members shall be removable only for good and sufficient cause by the City Council, after public hearing. The Board shall serve without compensation.
(Prior Code, § 1-1301)
(B) Officers; meetings. The members of the Cemetery Board may select such officers from among their own number as they may deem necessary. The City Council shall adopt rules under which the Cemetery Board shall conduct its meetings or, in the alternative, the Board may adopt rules under which it shall conduct its meetings, with the approval of the Council. It shall be the duty of the Board to keep full and correct minutes of all meetings and to file the same with the City Clerk within ten days of such meeting, where they shall be available for public inspection.
(Prior Code, § 1-1302)
(C) Powers, duties. The Cemetery Board shall have entire control and management of any cemeteries belonging to the city. The Board shall establish appropriate rules and regulations for the management, use and operation of municipal cemeteries. The Board shall be responsible for making such reports and performing such other duties as the City Council from time to time may designate.
(Prior Code, § 1-1303)
(Ord. 574, passed 1-13-2009; Ord. 676, passed 6-9-2015)
(A) Creation of Agency; members. There is hereby established, pursuant to Neb. Rev. Stat. § 18-2101.01, a Community Development Agency for the city. The Mayor and City Council are hereby designated to be members of the Community Development Agency for the city.
(Prior Code, § 1-1501)
(B) Officers. The Mayor shall be the Chairperson of the Community Development Agency; the President of the City Council shall be the Vice-Chairperson; and the City Clerk shall be the secretary.
(Prior Code, § 1-1502)
(C) Powers.
(1) The Community Development Agency shall have the power and authority to exercise those powers and authority granted to a community redevelopment authority under Neb. Rev. Stat. §§ 18-2101 through 18-2144. The Community Development Agency shall also have the power and authority to do all community development activities and to do all things necessary to cooperate with the federal government in all matters relating to community development program activities as a grantee or as an agent or otherwise under the provisions of the federal Housing and Community Development Act of 1974, being 42 U.S.C. §§ 53-101 et seq., as amended, through the Housing and Community Development Amendments of 1981, being 42 U.S.C. §§ 53-101 et seq.
(2) The Community Development Agency may levy taxes for the exercise of such jurisdiction and authority and may issue general obligation bonds, general obligation notes, revenue bonds and revenue notes including those general obligation and revenue refunding bonds and notes for the purposes set forth in such sections and under the powers granted to any community redevelopment authority described therein.
(Prior Code, § 1-1503)
(D) Transfer of rights, property and obligations. All of the rights and property, both real and personal, of the existing City Community Redevelopment Authority and all obligations including leases, bonds, redevelopment contracts, agreements and other evidence of debt of said Authority are hereby transferred to and assumed by the Community Development Agency of the city which is created pursuant to this section.
(Prior Code, § 1-1504)
(E) Affirmation of prior obligations. All obligations including leases, bonds, redevelopment contracts, agreements and other evidence of debt previously issued in the name of the Community Development Agency of the city are hereby affirmed as though issued after the adoption of this section.
(Prior Code, § 1-1505)
(Ord. 570, passed 11-11-2008)
(A) Purpose. The City Council hereby declares it to be the public policy of this city to eliminate discrimination and safeguard the right of any person to sell, purchase, lease, rent, finance or obtain funding or real property without regard to race, color, sex, religion, national origin or ancestry.
(Prior Code, § 1-1601)
(B) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
HOUSING ACCOMMODATIONS. Any building or portion thereof, whether such building or portion is constructed to be used or is intended for use as the residence or sleeping place of one or more persons. HOUSING ACCOMMODATIONS shall not mean or include:
(a) The rental of a dwelling or portion thereof containing accommodations for no more than five families, one of which is occupied by the owner or his or her family at the time of the rental; or
(b) The rental of rooms in a one-family dwelling to another person or persons by the owner or occupant of such accommodation in which he or she or members of his or her family reside.
OWNER. The owner, lessee, sub-lessee, assignee, manager, agent or other person, firm or corporation having the right to sell, rent or lease any housing accommodations or real property within the corporate limits of the city.
PERSON. One or more individuals, partnerships or other organizations, corporations, legal representatives, trustees, trustees in bankruptcy or receivers.
UNLAWFUL DISCRIMINATORY HOUSING PRACTICE. Any discrimination or segregation against any person or group of persons because of race, color, sex, religion, national origin or ancestry and shall include only those unlawful practices and acts as set forth herein.
(Prior Code, § 1-1602)
POLICE DEPARTMENT
(A) If the Mayor and City Council have provided for the appointment of a Police Chief, the Police Department shall consist of the Chief of Police and such further number of regular police officers as may be duly ordered by resolution of the Council.
(B) The Chief of Police shall, subject to the direction of the Mayor, have control and management of all matters relating to the Police Department and its officers and members and shall have the custody and control of all property and books belonging to the Department. The Chief shall devote his or her whole time to the city affairs and interests of the city and to the preservation of peace, order, safety and cleanliness thereof.
(C) The Department shall execute and enforce all laws and also the orders of the Mayor. It shall be the duty of the Department to protect the rights of persons and property. The Department shall take notice of all nuisances, impediments, obstructions and defects in the streets, avenues, alleys, business places and residences of the city. The Department shall execute, or cause to be executed, the processes issued and shall cause all persons arrested to be brought before the proper court for trial as speedily as possible. The Chief of Police and all regular and special police officers shall become thoroughly conversant with the laws of the city and shall see that the same are strictly enforced and shall make sworn complaints against any person or persons for violation of the same. It shall be the duty of every city police officer making a lawful arrest to search all persons in the presence of some other person, whenever possible, and to carefully keep and produce to the proper judicial official upon the trial everything found upon the person of such prisoners. All personal effects so taken from prisoners shall be restored to them upon their release. The Police Chief and other police officers shall file such reports as may be required by the city ordinances and the laws of the state. No law enforcement official shall have any interest in any establishment having a liquor license.
(D) Suitable badges shall be furnished to the city police by the city. Any police officer who loses or destroys the same shall be required to pay the replacement costs. If a police officer leaves the city police force, he or she shall immediately deliver his or her badge to the Police Chief.
(E) City police officers shall have full power and authority to call on any person whenever necessary to assist them in performing public duties, and failure, neglect or refusal to render such assistance shall be deemed an offense.
Penalty, see § 10.99
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