§ 14-403 — Building zones; regulations; requirements; purposes; limitations

Nebraska § 14-403

• Jurisdiction: Nebraska
• Ch. 14: Cities of the Metropolitan Class

Text

(1) Regulations adopted pursuant to sections 14-401 to 14-418 shall comply with the Municipal Density and Missing Middle Housing Act and be made in accordance with a comprehensive plan and designed to (a) lessen congestion in the streets, (b) secure safety from fire, panic, and other dangers, (c) promote health and the general welfare, (d) provide adequate light and air, (e) prevent the overcrowding of land, (f) secure safety from flood, (g) avoid undue concentration of population, (h) facilitate the adequate provision of transportation, water, sewerage, schools, parks and other public requirements, and (i) promote convenience of access.
(2) Such regulations shall be made with reasonable consideration, among other things, as to the character of the district and its peculiar suitability for particular uses, and with a view to conserving the value of buildings and encouraging the most appropriate use of land throughout the city. Whenever the city council shall determine that the use or contemplated use of any building, structure, or land will cause congestion in the streets, increase the danger from fire or panic, imperil public safety, cause undue concentration or congregation of people, or impede transportation, the city council may include in such regulations requirements for alleviating or preventing such conditions when any change in use or zoning classification is requested by the owner.

Legislative History

Source: Laws 1925, c. 45, § 3, p. 179; C.S.1929, § 14-406; R.S.1943, § 14-403; Laws 1967, c. 430, § 1, p. 1317; Laws 1971, LB 166, § 1; Laws 2020, LB866, § 7; Laws 2022, LB800, § 134. Cross References: Municipal Density and Missing Middle Housing Act, see section 19-5501. Annotations: The city, in adopting a rezoning ordinance, is not required to accomplish all the objectives of this section. To determine whether a rezoning ordinance complies with a comprehensive plan pursuant to this section, this court will review the land uses surrounding the rezoned property. Giger v. City of Omaha, 232 Neb. 676, 442 N.W.2d 182 (1989). The Nebraska Legislature has granted the City of Omaha the power to zone property lying within its jurisdiction. Giger v. City of Omaha, 232 Neb. 676, 442 N.W.2d 182 (1989). The term "comprehensive plan" in this section is not the same as "city plan", and does not refer to any special document drafted by a city of the metropolitan class. Sasich v. City of Omaha, 216 Neb. 864, 347 N.W.2d 93 (1984). This section is cited as a background for history of zoning power of city of Omaha. Wolf v. City of Omaha, 177 Neb. 545, 129 N.W.2d 501 (1964). Ordinance rezoning property within city to permit construction of regional shopping center was a proper exercise of zoning power. Bucholz v. City of Omaha, 174 Neb. 862, 120 N.W.2d 270 (1963). Where zoning action did not follow a comprehensive plan, it was an unreasonable and arbitrary exercise of zoning power. Davis v. City of Omaha, 153 Neb. 460, 45 N.W.2d 172 (1950). Zoning regulations are required to be made in accordance with a comprehensive plan designed to lessen congestion in the streets. Roncka v. Fogarty, 152 Neb. 467, 41 N.W.2d 745 (1950).