reglab/housing_qa huggingface dataset:
NE Code § 23-168.04 (2021)
2021 Nebraska Revised Statutes|Chapter 23 - County Government and Officers|23-168.04 - Board of adjustment; decision; appeal; procedure.

23-168.04.  Board of adjustment; decision; appeal; procedure.Any person or persons, jointly or severally, aggrieved by any decision of the board of adjustment, or any officer, department, board, or bureau of the county, may present to the district court for the county a petition, duly verified, setting forth that such decision is illegal, in whole or in part, and specifying the grounds of the illegality. The petition must be presented to the court within fifteen days after the filing of the decision in the office of the board of adjustment. 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, and return of service shall be made within four days after the issuance of the summons. Within ten days after the return day of the summons, the county board shall file an answer to the petition which shall admit or deny the substantial averments of the petition and 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 the answer, the court shall proceed to hear and determine the cause without delay and shall render judgment according to law. If, upon the hearing, it shall appear 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 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. 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.Source  Laws 1967, c. 117, § 11, p. 374.Annotations  Verification of a petition under this section is a purely procedural direction which is formal but does not go to the essence of the law with regard to requirements for jurisdiction of the courts. Citizens Opposing Indus. Livestock v. Jefferson Cty., 269 Neb. 725, 695 N.W.2d 435 (2005). The specific statutory procedure for appealing local administrative decisions to a board of adjustment foreclosed a landowner's ability to appeal by a petition in error the county board of supervisors' denial of a conditional use permit. Mogensen v. Board of Supervisors, 268 Neb. 26, 679 N.W.2d 413 (2004). Board's only statutory power being to grant zoning variances resolution purporting to grant exemption construed to grant variance and action presumed correct until changed by court, and requirement of immediate compliance proper. Adler v. Lynch, 415 F.Supp. 705 (D. Neb. 1976).
NE Code § 23-170 (2021)
2021 Nebraska Revised Statutes|Chapter 23 - County Government and Officers|23-170 - Adjacent territory; regulation; statutes and ordinances; highest standard required by either to govern.

23-170.  Adjacent territory; regulation; statutes and ordinances; highest standard required by either to govern.Whenever the regulations made under authority of sections 23-164 to 23-174 require a greater width or size of yard, courts or other open spaces, or require a lower height of building or a less number of stories or require a greater percentage of lot to be left unoccupied or impose other higher standards than are required in any other statute or local ordinance or regulation, the provisions of the regulations made under authority of said sections shall govern. Wherever the provisions of any other statute or local ordinance or regulation require a greater width or size of yards, courts, or other open space or require a lower height of building or a less number of stories or require a greater percentage of lot to be left unoccupied or impose other higher standards than are required by the regulations made under authority of said sections, the provisions of such statute or local ordinance or regulations shall govern.Source   Laws 1941, c. 131, § 18, p. 514;   C.S.Supp.,1941, § 26-158;   R.S.1943, § 23-170.
NE Code § 23-172 (2021)
2021 Nebraska Revised Statutes|Chapter 23 - County Government and Officers|23-172 - Standard codes; adoption; copy; area where applicable.

23-172.  Standard codes; adoption; copy; area where applicable.(1) The county board may adopt by resolution, which shall have the force and effect of law, the conditions, provisions, limitations, and terms of a building or construction code, a plumbing code, an electrical code, a fire prevention code, or any other code relating to building or relating to the erection, construction, reconstruction, alteration, repair, conversion, maintenance, placing, or using of any building, structure, automobile trailer, house trailer, or cabin trailer. For this purpose, the county board may adopt any standard code which contains rules or regulations printed as a code in book or pamphlet form by reference to such code or portions thereof without setting forth in the resolution the conditions, provisions, limitations, or terms of such code. When such code or any such standard code or portion thereof is incorporated by reference into such resolution, it shall have the same force and effect as though it had been written in its entirety in such resolution without further or additional publication.(2) Not less than one copy of such code or such standard code or portion thereof shall be kept for use and examination by the public in the office of the clerk of such county prior to the adoption thereof and as long as such standard code is in effect in such county.(3) Any building or construction code implemented under this section shall be adopted and enforced as provided in section 71-6406.(4) If there is no county resolution adopting a plumbing code in effect for such county, the 2018 Uniform Plumbing Code designated by the American National Standards Institute as an American National Standard shall apply to all buildings.(5) Any code adopted and approved by the county board, as provided in this section, or if there is no county resolution adopting a plumbing code in effect for such county, the 2018 Uniform Plumbing Code designated by the American National Standards Institute as an American National Standard, and the building permit requirements or occupancy permit requirements imposed by such code or by sections 23-114.04 and 23-114.05, shall apply to all of the county except within the limits of any incorporated city or village and except within an unincorporated area where a city or village has been granted zoning jurisdiction and is exercising such jurisdiction.(6) Nothing in this section shall be interpreted as creating an obligation for the county to inspect plumbing work done within its jurisdiction to determine compliance with the plumbing code.Source   Laws 1941, c. 131, § 19, p. 515;   C.S.Supp.,1941, § 26-159;   R.S.1943, § 23-172;   Laws 1961, c. 87, § 6, p. 302;   Laws 1963, c. 57, § 5, p. 241;   Laws 1967, c. 117, § 12, p. 375;   Laws 1975, LB 410, § 28;   Laws 1993, LB 35, § 1;   Laws 1996, LB 1304, § 3;  Laws 2012, LB42, § 3;  Laws 2014, LB802, § 2;  Laws 2016, LB704, § 212;  Laws 2021, LB131, § 20.   Operative Date: August 28, 2021
NE Code § 23-173 (2021)
2021 Nebraska Revised Statutes|Chapter 23 - County Government and Officers|23-173 - Zoning resolutions; adoption; publication; printing; effect.

23-173.  Zoning resolutions; adoption; publication; printing; effect.The county board may also pass, approve and publish any other resolution governing and controlling zoning after the zoning district is created and established as provided in section 23-114.03, and when such resolutions are passed and approved, they shall be published as provided in section 23-172. If any resolution is published by printing the same in book or pamphlet form, purporting to be published by authority of the county board, the same need not be otherwise published, and such book or pamphlet shall be received as evidence of the passage and legal publication of such resolution, as of the dates mentioned in such book or pamphlet, in all courts without further proof.Source   Laws 1941, c. 131, § 19, p. 515;   C.S.Supp.,1941, § 26-159;   R.S.1943, § 23-173;   Laws 1967, c. 117, § 13, p. 376;   Laws 1975, LB 410, § 29.
NE Code § 23-173.01 (2021)
2021 Nebraska Revised Statutes|Chapter 23 - County Government and Officers|23-173.01 - Nonconforming use; termination; restoration.

23-173.01.  Nonconforming use; termination; restoration.The use of a building, structure, or land, existing and lawful at the time of the enactment of a zoning regulation, or at the time of an amendment of a regulation, may, except as provided in this section, be continued, although such use does not conform with the provisions of such regulation or amendment, and such use may be extended throughout the same building if no structural alteration of such building is proposed or made for the purpose of such extension. If such nonconforming use is in fact discontinued for a period of twelve months, such right to the nonconforming use shall be forfeited and any future use of the building and premises shall conform to the regulation. The county board may provide in any zoning regulation for the restoration, reconstruction, extension, or substitution of nonconforming uses upon such terms and conditions as may be set forth in the zoning resolution. The county board may, in any zoning regulation, provide for the termination of nonconforming uses, either by specifying the period or periods in which nonconforming uses shall be required to cease, or by providing a formula whereby the compulsory termination of a nonconforming use may be so fixed as to allow for the recovery or amortization of the investment in the nonconformance, except that in the case of a legally erected outdoor advertising sign, device, or display, no amortization schedule shall be used.Source   Laws 1967, c. 117, § 14, p. 376;   Laws 1981, LB 241, § 4.
NE Code § 23-174 (2021)
2021 Nebraska Revised Statutes|Chapter 23 - County Government and Officers|23-174 - Violations; penalty.

23-174.  Violations; penalty.If any person shall violate any of the provisions of sections 23-164 to 23-174 for which penalty is not elsewhere provided therein, or if any person shall violate any of the provisions of any resolution adopted under the power and authority granted to county boards under section 23-174.01, 23-174.02, 23-174.03, or 23-174.10 or under sections 23-114, 23-172, and 23-173, such person shall be punished upon conviction in the same manner as for violation of section 23-114.05 in accordance with the penalties prescribed therein.Source   Laws 1941, c. 131, § 19, p. 516;   C.S.Supp.,1941, § 26-159;   R.S.1943, § 23-174;   Laws 1961, c. 87, § 7, p. 303;   Laws 1967, c. 117, § 15, p. 377;   Laws 1969, c. 151, § 1, p. 710.
NE Code § 23-174.01 (2021)
2021 Nebraska Revised Statutes|Chapter 23 - County Government and Officers|23-174.01 - County zoning; cities of the primary class; grant of authority.

23-174.01.  County zoning; cities of the primary class; grant of authority.Every county in which is located a city of the primary class shall have power within the county, except within the area over which zoning jurisdiction has been granted to any city or village and over which such city or village is exercising such jurisdiction, to regulate and restrict (1) the location, height, bulk, and size of buildings and other structures, (2) the percentage of a lot that may be occupied, (3) the size of yards, courts, and other open spaces, (4) the density of population, and (5) the locations and uses of buildings, structures, and land for trade, industry, business, residences and other purposes. Such county shall have power within the county, except within the area over which zoning jurisdiction has been granted to any city or village and over which such city or village is exercising such jurisdiction, to divide the county zoned into districts of such number, shape, and area as may be best suited to carry out the purposes of this section, and to regulate, restrict, or prohibit the erection, construction, reconstruction, alteration, or use of buildings, structures, or land within the total area zoned or within districts. All such regulations shall be uniform for each class or kind of buildings throughout each district, but regulations applicable to one district may differ from those applicable to other districts. Such zoning regulations shall be designed to secure safety from fire, flood, and other dangers and to promote the public health, safety, and general welfare and shall be made with consideration having been given to the character of the various parts of the area zoned and their peculiar suitability for particular uses and types of development and with a view to conserving property values and encouraging the most appropriate use of land throughout the area zoned in accordance with a comprehensive plan. The provisions of section 23-114 which relate to manufactured homes shall apply to such zoning regulations. Such zoning regulations may include reasonable provisions regarding nonconforming uses and their gradual elimination.Source   Laws 1961, c. 87, § 1, p. 299;   Laws 1978, LB 186, § 11;   Laws 1994, LB 511, § 5.
NE Code § 23-174.02 (2021)
2021 Nebraska Revised Statutes|Chapter 23 - County Government and Officers|23-174.02 - Zoning resolution; regulations.

23-174.02.  Zoning resolution; regulations.The zoning resolution shall be adopted and amended, and regulations made and promulgated not inconsistent therewith, in the manner provided in sections 23-114, 23-114.03, 23-164, and 23-165.Source   Laws 1961, c. 87, § 2, p. 300;   Laws 1967, c. 117, § 16, p. 377.
NE Code § 23-174.04 (2021)
2021 Nebraska Revised Statutes|Chapter 23 - County Government and Officers|23-174.04 - County zoning; cities of the primary class; planning department; planning director.

23-174.04.  County zoning; cities of the primary class; planning department; planning director.In every county in which is located a city of the primary class, there shall be created a planning department, which shall consist of a county planning commission, a planning director, and such subordinate employees as are required to administer the planning program set forth in sections 23-174.01 to 23-174.09. The planning director shall serve as the secretary of the county planning commission and as the administrative head of the planning department.Source  Laws 1961, c. 87, § 9, p. 304.
NE Code § 23-174.06 (2021)
2021 Nebraska Revised Statutes|Chapter 23 - County Government and Officers|23-174.06 - Planning director; prepare comprehensive plan; review by county planning commission; county board; adopt or modify plan.

23-174.06.  Planning director; prepare comprehensive plan; review by county planning commission; county board; adopt or modify plan.The planning director shall be responsible for preparing a comprehensive plan of the county and amendments and extensions thereto, and for submitting such plans and modifications to the county planning commission for its consideration and action. The commission shall review such plans and modifications, and those which the county board may suggest, and, after holding at least one public hearing on each proposed action, shall provide its recommendations to the county board of commissioners within a reasonable period of time. The county board of commissioners shall review the recommendations of the planning commission and, after at least one public hearing on each proposed action, shall adopt or reject such plans in whole or in part and with or without modifications.Source   Laws 1961, c. 87, § 11, p. 305;   Laws 1975, LB 111, § 4.
NE Code § 23-174.07 (2021)
2021 Nebraska Revised Statutes|Chapter 23 - County Government and Officers|23-174.07 - Change to comprehensive plan; prior consideration by planning department; report.

23-174.07.  Change to comprehensive plan; prior consideration by planning department; report.No resolution which deals with the acquisition, extension, widening, narrowing, removal, vacation, abandonment, sale or other change relating to any public way, transportation, route, ground, open space, building, or structure, or other public improvement of a character included in the comprehensive plan, the subject matter of which has not been reported on by the planning department under the provisions of section 23-174.06, shall be adopted by the county board until such resolution shall first have been referred to the planning department and that department has reported regarding conformity of the proposed action with the comprehensive plan. The department's report shall specify the character and degree of conformity or nonconformity of each proposed action to the comprehensive plan, and a report in writing thereon shall be rendered to the county board within thirty days after the date of receipt of the referral unless a longer period is granted by the county board. If the department fails to render any such report within the allotted time, the approval of the department may be presumed by the county board.Source  Laws 1961, c. 87, § 12, p. 305.
NE Code § 23-174.08 (2021)
2021 Nebraska Revised Statutes|Chapter 23 - County Government and Officers|23-174.08 - Zoning resolution; public hearing; notice; approval.

23-174.08.  Zoning resolution; public hearing; notice; approval.The planning director shall be responsible for the preparation of the zoning resolution and for submitting it to the county planning commission for its consideration and action. The commission shall review the proposed zoning resolution and, after holding at least one public hearing on each proposed action, shall approve or reject it in whole or in part and with or without modifications. When approved by the commission, the proposed resolution shall be submitted to the county board for its consideration, and the zoning resolution shall become effective when adopted by the county board. The county board of such county may amend, supplement, or otherwise modify the zoning resolution. Any such proposed amendment, supplement, or modification shall first be submitted to the planning commission for its recommendations and report. The planning commission shall hold at least one public hearing with relation thereto, before submitting its recommendations and report. After the recommendations and report of the planning commission have been filed, the county board shall, before enacting any proposed amendment, supplement, or modification, hold a public hearing in relation thereto. Notice of the time and place of hearings above referred to shall be given by publication thereof in a paper of general circulation in the county at least one time at least five days before the date of hearing. Notice with reference to proposed amendments, supplements, or modifications of the zoning resolution shall also be posted in a conspicuous place on or near the property upon which the action is pending. Such notice shall be easily visible from the street or highway, and shall be posted at least five days before the hearing.Source  Laws 1961, c. 87, § 13, p. 306.
NE Code § 23-174.09 (2021)
2021 Nebraska Revised Statutes|Chapter 23 - County Government and Officers|23-174.09 - Board of zoning appeals; powers; duties.

23-174.09.  Board of zoning appeals; powers; duties.There may be created a board of zoning appeals comprised of five members appointed by the county board, which board shall have power to hear and decide appeals from any decision or order of the building inspector or other officers charged with the enforcement of the zoning resolution in those cases where it is alleged that such decision or order is in error. The board shall also have power to decide upon petitions for variances and, subject to such standards and procedures as the county board may provide in the zoning resolution, to vary the strict application of the height, area, parking, or density requirements to the extent necessary to permit the owner a reasonable use of his land in those specific instances where there are peculiar, exceptional, and unusual circumstances in connection with a specific parcel of land, which circumstances are not generally found within the locality or neighborhood concerned. The board may also have such related duties as the county board may assign. The county board may provide for appeals from a decision of the board.Source  Laws 1961, c. 87, § 14, p. 307.Cross References  For authorization to act for a municipality, see section 19-912.01.
NE Code § 23-174.10 (2021)
2021 Nebraska Revised Statutes|Chapter 23 - County Government and Officers|23-174.10 - Public health, safety, and welfare regulations; county board may adopt.

23-174.10.  Public health, safety, and welfare regulations; county board may adopt.In any county which has adopted county zoning regulations, the county board, by resolution, may make regulations as may be necessary or expedient to promote the public health, safety, and welfare, including regulations to prevent the introduction or spread of contagious, infectious, or malignant diseases; to provide rules for the prevention, abatement, and removal of nuisances, including the pollution of air and water; and make and prescribe regulations for the construction, location, and keeping in order of all slaughterhouses, stockyards, warehouses, sheds, stables, barns, commercial feedlots, dairies, junk and salvage yards, or other places where offensive matter is kept, or is likely to accumulate. Such regulations shall be not inconsistent with the general laws of the state and shall apply to all of the county except within the limits of any incorporated city or village, and except within the unincorporated area where a city or village has been granted zoning jurisdiction and is exercising such jurisdiction.Source   Laws 1963, c. 105, § 1, p. 430;   Laws 1969, c. 151, § 2, p. 710;   Laws 1978, LB 807, § 1.
NE Code § 23-175 (2021)
2021 Nebraska Revised Statutes|Chapter 23 - County Government and Officers|23-175 - County board; county vehicles; liability insurance procurement; effect; applicability.

23-175.  County board; county vehicles; liability insurance procurement; effect; applicability.When a county board employs a person and places in his or her charge and under his or her supervision trucks, automobiles, snowplows, road graders, or other vehicles and authorizes such employee to use them upon a public road, the county board shall purchase liability insurance to protect any such employee against loss occasioned by any acts of negligence resulting from the use of such vehicles or equipment. The insurance shall be purchased by public bidding at least once every three years in a limit of not less than one hundred thousand dollars to cover the bodily injury or injuries of one person and, subject to the limitation to one person, one million dollars to cover bodily injury or injuries to more than one person in the same accident and one hundred thousand dollars to cover property damage. The insurance policy may, in the discretion of the county board, contain a deductible provision for up to one thousand dollars of any claim in which event the county shall be considered a self-insurer for that amount. The insurance and bidding requirements of this section shall not apply to a county which is a member of a risk management pool formed pursuant to the Intergovernmental Risk Management Act. Any judgment against any employee shall not be collectible in whole or in part from any member of the county board.Source   Laws 1957, c. 61, § 1, p. 279;   Laws 1969, c. 138, § 24, p. 636;   Laws 1993, LB 66, § 1;   Laws 1998, LB 376, § 1.  Cross References  Intergovernmental Risk Management Act, see section 44-4301.
NE Code § 23-175.01 (2021)
2021 Nebraska Revised Statutes|Chapter 23 - County Government and Officers|23-175.01 - Transferred to section 13-401.

23-175.01.  Transferred to section 13-401.