reglab/statecodes huggingface dataset:
2023 Nebraska Revised Statutes › Chapter 14 - Cities of the Metropolitan Class › 14-3,100 - Streets; grade; committee; appraisal and report of damages; special assessments; appraisers; fees; damages; award.

14-3,100.
Streets; grade; committee; appraisal and report of damages; special assessments; appraisers; fees; damages; award.
After the grade of any street or alley shall be finally changed or the grading of such street or alley finally ordered as provided in sections 14-384 to 14-3,127 and before any assessments are levied, a committee of at least three disinterested residents of the city shall be appointed by the city to appraise the damages caused by the change of grade or grading. The committee shall promptly make an appraisal of and report its award of such damages as the committee determines have been occasioned by such change of grade or grading. Prior to entering upon their duties, such appraisers shall take and file such oath as may be required by law. The committee shall hold meetings on such reasonable notice to the interested parties as the city may from time to time provide, and may take testimony with respect to the question of damages. The committee shall report its award to the city and the city shall have the authority to approve such report, to change or modify any award on reasonable notice to the interested parties, or to reject the entire report or the award as to any particular property. The appraisers appointed under this section shall be entitled to fees for their time spent which shall be determined in such manner as the city shall from time to time provide.
Source
Laws 1959, c. 36, § 17, p. 201;
Laws 1969, c. 60, § 6, p. 368;
Laws 2005, LB 626, § 1;
Laws 2022, LB800, § 106.
2023 Nebraska Revised Statutes › Chapter 14 - Cities of the Metropolitan Class › 14-3,101 - Streets; grade; award of damages; when payable; appeal.

14-3,101.
Streets; grade; award of damages; when payable; appeal.
Whenever an award of damages for a change in grade or grading has been finally approved such damages may be assessed to the extent of the special benefits conferred by the improvement against the lots and parcels of land abutting upon or in the vicinity of the improvements made. Within sixty days after such assessment the award of damages shall become due and payable and must be paid by warrants drawn against a special fund created for such purpose. Any person feeling aggrieved by reason of an award of damages or failure to award sufficient damages may appeal to the district court of the county within which the property is located within the time and in the manner provided by law for such appeals.
Source
Laws 1959, c. 36, § 18, p. 202;
Laws 2022, LB800, § 107.
2023 Nebraska Revised Statutes › Chapter 14 - Cities of the Metropolitan Class › 14-3,102 - Streets; improvements; notice; service; protest; effect; special assessment.

14-3,102.
Streets; improvements; notice; service; protest; effect; special assessment.
Whenever it is desired to make any improvement or improvements authorized in section 14-385, where the costs of such improvement or improvements are to be assessed against the adjacent and abutting property benefited by such improvement or improvements, and no petition has been filed for such improvement or improvements in accordance with section 14-391, the city may propose such improvement or improvements stating the specific character of the improvement or improvements to be made. The city shall cause to be published in the official newspaper a brief notice of such proposal stating the character of the improvement or improvements proposed, and shall give additional notice to the property owners in the improvement district or districts, or proposed improvement district or districts, as required by section 25-520.01. If within thirty days after giving notice the owners of fifty-one percent of the taxable property abutting upon the street or streets, or part or parts of such street or streets proposed to be improved protest against such project, such work shall not be done. In the absence of such protest, the city shall be authorized to proceed with the work as proposed. The cost and expense of such improvement or improvements, as provided by law, may be assessed against the property within the improvement district or districts specially benefited to the extent of such benefits as a special assessment. Where assessment against the property within the improvement district or districts specially benefited is not made, or where the improvement or improvements are on a main thoroughfare, major traffic street, or connecting link, or made pursuant to sections 14-3,103 to 14-3,106, this section shall not apply.
Source
Laws 1959, c. 36, § 19, p. 202;
Laws 1963, c. 46, § 1, p. 222;
Laws 1969, c. 60, § 7, p. 369;
Laws 2015, LB361, § 6;
Laws 2022, LB800, § 108.
2023 Nebraska Revised Statutes › Chapter 14 - Cities of the Metropolitan Class › 14-3,103 - Sidewalks; construction or repair; required, when; assessment of cost; equalization.

14-3,103.
Sidewalks; construction or repair; required, when; assessment of cost; equalization.
A city may construct or repair sidewalks along any street or part thereof, or any boulevard or part thereof, of such material and in such manner as the city deems necessary and assess the cost of such construction or repair upon abutting property. Such assessments except for temporary sidewalks and sidewalk repairs shall be equalized and levied as special assessments. The city shall cause the construction of sidewalks on at least one side of every major traffic street and main thoroughfare in the city, excluding freeways, expressways, controlled-access facilities, and other streets deemed by the city to demonstrate no or very limited demand for pedestrian use, and may assess the cost of such construction upon abutting property. Such construction shall be completed within a reasonable time, based upon an annual review of construction program priorities and available funding sources.
Source
Laws 1959, c. 36, § 20, p. 203;
Laws 1971, LB 237, § 2;
Laws 1984, LB 992, § 1;
Laws 2015, LB361, § 7;
Laws 2022, LB800, § 109.
2023 Nebraska Revised Statutes › Chapter 14 - Cities of the Metropolitan Class › 14-3,104 - Temporary sidewalks; when.

14-3,104.
Temporary sidewalks; when.
Where the grade of any street or part of a street has not been established or where a street has not been worked or filled to the established grade or where the street has been graded but does not conform to the established grade the owner of any lots or lands abutting on such street shall only be required to construct or repair such temporary sidewalk along such street with such material as the city may direct.
Source
Laws 1959, c. 36, § 21, p. 203.
2023 Nebraska Revised Statutes › Chapter 14 - Cities of the Metropolitan Class › 14-3,105 - Sidewalks; construction or repair; notice; service.

14-3,105.
Sidewalks; construction or repair; notice; service.
Before any sidewalk shall be constructed or repaired by the city as provided in section 14-3,103, the owner or owners of the lots or lands to be assessed shall be given notice to construct or repair such sidewalk and shall have twenty days after the giving of such notice within which to construct or repair such sidewalk. Such notice shall be served or published as directed by ordinance and if the notice be by publication it shall be sufficient to address such notice to the owners generally. The city shall give an additional notice by registered letter or certified mail directed to the last-known address of such owners or their agents, but failure to give such additional notice shall not invalidate the proceedings, or the special assessments for such sidewalk.
Source
Laws 1959, c. 36, § 22, p. 203;
Laws 2022, LB800, § 110.
2023 Nebraska Revised Statutes › Chapter 14 - Cities of the Metropolitan Class › 14-3,106 - Sidewalks; construction or repair; special assessment; failure of owner; effect.

14-3,106.
Sidewalks; construction or repair; special assessment; failure of owner; effect.
In case the owner or owners shall fail to construct or repair a sidewalk as provided in section 14-3,105, the city may construct or repair such sidewalk or cause such work to be done and assess the cost of such work upon the abutting property as a special assessment. Where the owner or owners of abutting property fail to keep in repair the sidewalk adjacent to such property, the owner or owners shall be liable for all damages or injuries occasioned or recovered by reason of the defective or dangerous condition of such sidewalk.
Source
Laws 1959, c. 36, § 23, p. 204;
Laws 2015, LB361, § 8;
Laws 2022, LB800, § 111.
2023 Nebraska Revised Statutes › Chapter 14 - Cities of the Metropolitan Class › 14-3,108 - Streets; improvements; control of work; regulations.

14-3,108.
Streets; improvements; control of work; regulations.
A city shall have the right to control and direct all work upon the public streets. The city may adopt any and all reasonable regulations relating to excavations in the streets or public grounds by any and all parties, including waterworks, gas, and other franchised corporations or public contractors, enforce such regulations, and impose penalties for the violation of such regulations as may be deemed proper.
Source
Laws 1959, c. 36, § 25, p. 205;
Laws 2022, LB800, § 113.
2023 Nebraska Revised Statutes › Chapter 14 - Cities of the Metropolitan Class › 14-3,109 - Streets; public utilities; connections; power of city to compel; cost.

14-3,109.
Streets; public utilities; connections; power of city to compel; cost.
A city shall have the power to compel any water company, gas company, or other person, corporation, or firm owning or controlling any pipe or other underground conduits or other appliances usually installed under the surface of the streets, to provide for and construct all connections that may be deemed necessary for the future, to the curb or property lines in all streets, highways, boulevards, controlled-access facilities, main thoroughfares, connecting links, major traffic streets, or alleys to be paved, repaved, or otherwise improved in such manner and in conformity with such plans as may be determined by the city. If any such companies or other parties shall neglect to carry out such construction or fail to make the connections required within thirty days after such connections shall have been ordered, the city shall be empowered to cause such connections to be done. For the purpose of paying for such connections, the cost shall be deducted from such accounts as the city may have with such companies or persons.
Source
Laws 1959, c. 36, § 26, p. 205;
Laws 2022, LB800, § 114.
2023 Nebraska Revised Statutes › Chapter 14 - Cities of the Metropolitan Class › 14-3,110 - Public property; abutting streets; not subject to special assessment; cost, how paid.

14-3,110.
Public property; abutting streets; not subject to special assessment; cost, how paid.
Property of the United States Government at the time devoted to governmental uses, property of the State of Nebraska, any county, or the city, abutting upon and adjacent to the streets or parts of streets being improved or included within any improvement district authorized in sections 14-384 to 14-3,127, shall not be subject to special assessment, but the amount of the cost of such improvement which would otherwise be assessable against such property shall be paid from funds created and maintained for that purpose as provided by law and such property shall not be counted in determining the sufficiency of a petition or protest.
Source
Laws 1959, c. 36, § 27, p. 205.
2023 Nebraska Revised Statutes › Chapter 14 - Cities of the Metropolitan Class › 14-3,111 - Streets and sidewalks; contract for improvements; bids; advertisement.

14-3,111.
Streets and sidewalks; contract for improvements; bids; advertisement.
No contract for any of the improvements provided by sections 14-384 to 14-3,127 shall be let unless first the city shall have made a detailed estimate of the costs of the contemplated improvement, nor shall any such contract be let until after the city has advertised for and received bids for the performance of such work. If no bid is received within the estimate, no award shall be made upon any bids received until after fifteen days after the time for receiving bids under such advertisement shall have expired. Within such time anyone desiring to do so may file a bid within the estimate and award may be made on such bid in like manner as if such bid had been received in pursuance to the advertisement calling for bids. All improvements authorized by sections 14-384 to 14-3,127 shall be done under contract with the lowest responsible bidder, except that when bids are called for by advertisement for grading in a street or alley and no bid is received within the estimate, the city may enter into a contract to do such grading without further advertisement for bids if the contract price be within the estimate and the contract be entered into within thirty days after the time for receiving bids under the advertisement calling for bids.
Source
Laws 1959, c. 36, § 28, p. 206;
Laws 2022, LB800, § 115.
2023 Nebraska Revised Statutes › Chapter 14 - Cities of the Metropolitan Class › 14-3,112 - Sections, how construed.

14-3,112.
Sections, how construed.
Nothing in sections 14-384 to 14-3,127 shall be construed as in any way abridging, modifying, or limiting the authority or right granted to and now possessed by any city as provided by law to improve any road, highway, or boulevard leading into such city for a distance not to exceed six miles from the corporate limits of such city, nor as modifying the procedure under such grant or the power or authority to issue bonds in connection with such improvements, but such authority is hereby expressly recognized and the power so granted by law shall not be subject to any of the limitations contained in sections 14-384 to 14-3,127.
Source
Laws 1959, c. 36, § 29, p. 206;
Laws 2022, LB800, § 116.
2023 Nebraska Revised Statutes › Chapter 14 - Cities of the Metropolitan Class › 14-3,113 - Intersections, certain lands; improvement by city; priority on use of funds; street improvement districts.

14-3,113.
Intersections, certain lands; improvement by city; priority on use of funds; street improvement districts.
(1) A city is authorized to improve intersections, spaces opposite alleys, and spaces opposite property not subject to special assessment, with the like material in the manner provided in sections 14-384 to 14-3,127 for improving streets whenever a street, highway, boulevard, main thoroughfare, controlled-access facility, major traffic street, or alley is ordered to be improved at the time of improving such street and in such event is authorized to include in such improvement of such intersection and spaces the construction, replacement, or repair of sidewalks in such intersections and spaces and, except as may be otherwise provided, pay for all such improvements from funds provided for the purpose of improving intersections if (a) the first priority in the expenditure of funds for such purposes is given to improvements within street improvement districts and (b) the city maintains, in a separate fund, not less than twenty-five thousand dollars to be expended solely for the purpose of improving intersections.
(2) Such sidewalk construction, replacement, or repair may be included either in the contract for curbings at an intersection or in the contract for paving such intersections and spaces.
Source
Laws 1959, c. 36, § 30, p. 206;
Laws 1963, c. 47, § 1, p. 223;
Laws 2011, LB289, § 1;
Laws 2022, LB800, § 117.
2023 Nebraska Revised Statutes › Chapter 14 - Cities of the Metropolitan Class › 14-3,114 - Petitions; forms; contents; signatures.

14-3,114.
Petitions; forms; contents; signatures.
All petitions for improvements provided for in sections 14-384 to 14-3,127 shall be upon printed forms prescribed by the city and shall describe the street to be improved and improvement desired. Signatures to such petitions shall have no conditions attached and all signatures shall be acknowledged before a notary public.
Source
Laws 1959, c. 36, § 31, p. 207;
Laws 2022, LB800, § 118.
2023 Nebraska Revised Statutes › Chapter 14 - Cities of the Metropolitan Class › 14-3,115 - Improvement districts; estimate of cost; bids; advertisement.

14-3,115.
Improvement districts; estimate of cost; bids; advertisement.
A city shall, when it creates an improvement district for paving, repaving, curbing, or guttering, or other improvements of like character, prepare an estimate of the cost of such improvement and shall thereafter advertise for and receive bids upon such material as may be designated by the city for such improvement. The advertisements, specifications for bids, and petitions designating materials shall contain such information and be worded in such language as the city may from time to time direct. All bids shall be received and opened at the same time as provided by ordinance except as otherwise provided in section 14-3,111. The city may reject any and all bids.
Source
Laws 1959, c. 36, § 32, p. 207;
Laws 1972, LB 1046, § 2;
Laws 2022, LB800, § 119.
2023 Nebraska Revised Statutes › Chapter 14 - Cities of the Metropolitan Class › 14-3,116 - Materials; petition to designate; forms.

14-3,116.
Materials; petition to designate; forms.
All petitions for the purpose of designating material as provided in section 14-3,115 shall be on printed forms furnished by the city upon application and shall contain such information and shall be worded in such language as the city may from time to time direct.
Source
Laws 1959, c. 36, § 33, p. 207;
Laws 2022, LB800, § 120.
2023 Nebraska Revised Statutes › Chapter 14 - Cities of the Metropolitan Class › 14-3,117 - Improvements; petition; recording.

14-3,117.
Improvements; petition; recording.
Whenever a petition for an improvement is filed with a city, the hour, day, month, and year when such petition is filed shall be officially marked upon such petition and such petition shall be recorded in such manner as the city may from time to time provide.
Source
Laws 1959, c. 36, § 34, p. 207;
Laws 2022, LB800, § 121.
2023 Nebraska Revised Statutes › Chapter 14 - Cities of the Metropolitan Class › 14-3,118 - Improvements; petitions; restrictions.

14-3,118.
Improvements; petitions; restrictions.
Petitions for improvements provided for in sections 14-384 to 14-3,127 after having been filed with the city shall not be returned or withdrawn, nor shall any person be allowed to add, cancel, erase, or withdraw or in any way modify any signature or writing on such petitions. Where two or more petitions are filed for the same improvement they shall be considered and taken together as one petition.
Source
Laws 1959, c. 36, § 35, p. 208;
Laws 2022, LB800, § 122.
2023 Nebraska Revised Statutes › Chapter 14 - Cities of the Metropolitan Class › 14-3,119 - Improvements; petitions; examination; certification; notice of irregularity, illegality, or insufficiency; publication; supplemental petitions.

14-3,119.
Improvements; petitions; examination; certification; notice of irregularity, illegality, or insufficiency; publication; supplemental petitions.
Petitions for improvements provided for under sections 14-384 to 14-3,127 shall be examined and certified for sufficiency as the city may provide. Certificates as to sufficiency when properly filed as provided by the city shall be prima facie evidence of the truth and correctness of the matter certified in such petition. If such certificates show the petition for any improvement to be irregular, illegal, or insufficient it shall be the duty of the city to give notice by publication for three successive days in the official newspaper of the city of such irregularity, illegality, or insufficiency and the property owners within any improvement district may at any time file supplemental petitions for such improvement and such supplemental petitions shall be considered and taken as a part of the original petition. Such supplemental petitions shall be examined and certified as in the case of the original petition.
Source
Laws 1959, c. 36, § 36, p. 208;
Laws 2022, LB800, § 123.
2023 Nebraska Revised Statutes › Chapter 14 - Cities of the Metropolitan Class › 14-3,120 - Improvements; petition; publication; notice to file protest.

14-3,120.
Improvements; petition; publication; notice to file protest.
If the certificates required by section 14-3,119 show that the petition is regular, legal, and sufficient the city shall cause a copy of the petition to be published for three days in the official newspaper of the city with a notice directing the property owners generally in the improvement district that they shall have thirty days from the first day of publication of the petition and notice to file a protest with the city against the regularity or the sufficiency of the petition or signatures on such petition.
Source
Laws 1959, c. 36, § 37, p. 208;
Laws 2022, LB800, § 124.
2023 Nebraska Revised Statutes › Chapter 14 - Cities of the Metropolitan Class › 14-3,121 - Improvements; petition; protest; procedure; supplemental petition; hearing; appeal.

14-3,121.
Improvements; petition; protest; procedure; supplemental petition; hearing; appeal.
(1) The property owners in any improvement district shall have thirty days from the first day of publication of the petition and notice as provided in section 14-3,120 to file with the city a protest against the regularity, legality, or sufficiency of the petition or any signature on such petition. Such protest shall be verified by the party making the protest, who shall state under oath and set forth with particularity all the alleged defects in the petition, and if the protest relates to the ownership of any property, it shall give the name and address of the true owner of such property and shall state under oath that such protest is made in good faith.
(2) At any time within ten days after the expiration of the time for filing the protest, supplemental petitions for the improvement may be filed and when so filed shall be considered as a part of the original petition. The property owners within such district shall have ten days from the date of the filing of such supplemental petitions in which to file a protest against the regularity, legality, or sufficiency of any of the signatures on such supplemental petition or against the original petition as so supplemented. No further notice of the filing of such supplemental petition shall be required and such supplemental petition need not be published.
(3) When any such protest has been filed with the city within the times specified, the improvement petitioned for shall not be ordered until the city shall have given the party protesting a hearing upon such protest and shall have, upon the evidence, found, adjudged, and determined the petition to be regular, legal, and sufficient and not then until after the time has expired for perfecting an appeal from such finding, judgment, and determination. Any protesting party or parties may appeal from such finding, judgment, and determination in the manner provided by section 14-813.
Source
Laws 1959, c. 36, § 38, p. 208;
Laws 1961, c. 30, § 5, p. 148;
Laws 2022, LB800, § 125.
2023 Nebraska Revised Statutes › Chapter 14 - Cities of the Metropolitan Class › 14-3,122 - Protest; filing; hearing.

14-3,122.
Protest; filing; hearing.
In case a protest is filed under section 14-3,120 or 14-3,121, the city shall have the power and responsibility to hear, determine, and adjudicate the objections raised by any protest in all matters relating to regularity, legality, and sufficiency of such petition and supplemental petition upon such notice, to the party protesting, of the time, place, and purpose of the hearing as the city may from time to time provide.
Source
Laws 1959, c. 36, § 39, p. 209;
Laws 2022, LB800, § 126.
2023 Nebraska Revised Statutes › Chapter 14 - Cities of the Metropolitan Class › 14-3,123 - Petition; regular, legal, and sufficient.

14-3,123.
Petition; regular, legal, and sufficient.
In case no protest is filed within the time provided in section 14-3,121, the city shall have the power and responsibility, without further notice, to find, adjudge, and determine that such petition is regular, legal, and sufficient.
Source
Laws 1959, c. 36, § 40, p. 209;
Laws 2022, LB800, § 127.
2023 Nebraska Revised Statutes › Chapter 14 - Cities of the Metropolitan Class › 14-3,124 - Materials; standards; adopt.

14-3,124.
Materials; standards; adopt.
In all specifications for materials to be used in paving, curbing, and guttering of every kind, a city shall establish a standard or standards of strength and quality, to be demonstrated by physical, chemical, or other tests within the limits of reasonable variations. In every instance the materials shall be so described in the specifications, either by standard or quality, to permit genuine competition between contractors so that there may be two or more bids by individuals or companies in no manner connected with each other and no material shall be specified which shall not be subject to such competition.
Source
Laws 1959, c. 36, § 41, p. 209;
Laws 2022, LB800, § 128.
2023 Nebraska Revised Statutes › Chapter 14 - Cities of the Metropolitan Class › 14-3,125 - Improvement district; materials to be used; designate by petition.

14-3,125.
Improvement district; materials to be used; designate by petition.
A city shall give the property owners within any improvement district the opportunity to designate, by petition to be filed with the city, the specified material which such property owners desire to be used in the improvement of the street or alley or other grounds within such improvement district.
Source
Laws 1959, c. 36, § 42, p. 210;
Laws 2022, LB800, § 129.
2023 Nebraska Revised Statutes › Chapter 14 - Cities of the Metropolitan Class › 14-3,126 - Streets; improvement or construction; materials to be used; designate by petition.

14-3,126.
Streets; improvement or construction; materials to be used; designate by petition.
The property owners within an improvement district may designate the material to be used in the improvement or construction of streets or alleys or other grounds within such district by petition, signed by a majority of such property owners, filed with the city within thirty days after notice of the proposed improvement.
Source
Laws 1959, c. 36, § 43, p. 210;
Laws 2022, LB800, § 130.
2023 Nebraska Revised Statutes › Chapter 14 - Cities of the Metropolitan Class › 14-3,127 - Improvements; protests by majority of abutting property owners; filing; time; effect.

14-3,127.
Improvements; protests by majority of abutting property owners; filing; time; effect.
In any of the improvements or alterations authorized by sections 14-363, 14-364, 14-384 to 14-3,102, and 14-3,108 to 14-3,127 and subsection (1) of section 14-3,107 in which any of the cost of the improvements or alterations is to be assessed in whole or in part to the abutting property owners, the record owners of a majority of the frontage of the taxable abutting property may, by petition filed with the city within thirty days after notice of the improvements or alterations, protest against the improvements or alterations, and when such petition is filed, the improvements or alterations shall not be done.
Source
Laws 1959, c. 36, § 44, p. 210;
Laws 1965, c. 39, § 1, p. 232;
Laws 1969, c. 60, § 8, p. 369;
Laws 1991, LB 745, § 3;
Laws 2003, LB 97, § 2.
2023 Nebraska Revised Statutes › Chapter 14 - Cities of the Metropolitan Class › 14-3,128 - Public improvements; special assessment bonds; issuance; purpose; sinking fund; limitations.

14-3,128.
Public improvements; special assessment bonds; issuance; purpose; sinking fund; limitations.
(1) Any city of the metropolitan class is hereby authorized and empowered to issue and sell special assessment bonds to cover the cost of the work of construction of any and all public improvements to be paid for by special assessments which such city is authorized by law to make.
(2) Any special assessments levied on account of such work shall constitute a sinking fund for the payment of interest and principal on the bonds as the bonds become due.
(3) The city council shall have the power to determine the denominations of such bonds, and the date, time, and manner of payment.
(4) Such bonds shall not be sold or exchanged for less than the par value of such bonds and shall bear interest payable semiannually.
(5) Special assessment bonds issued as authorized in this section shall not be chargeable against the debt limit of any city of the metropolitan class issuing such bonds.
Source
Laws 1977, LB 86, § 1;
Laws 2022, LB800, § 131.
2023 Nebraska Revised Statutes › Chapter 14 - Cities of the Metropolitan Class › 14-3,129 - Ornamental or decorative street lighting; city; maintain; exception; costs.

14-3,129.
Ornamental or decorative street lighting; city; maintain; exception; costs.
When a system of ornamental or decorative street lighting has been continuously maintained in a residential neighborhood in a city of the metropolitan class for forty years or longer, it shall be the duty of such city to preserve and maintain such lighting system unless the city council votes by a four-fifths majority of its members to discontinue such lighting. No special assessment of any kind shall be made to the property owners within an ornamental or decorative street lighting system for the costs of any preservation or maintenance of such system.
Source
Laws 1979, LB 509, § 1.
2023 Nebraska Revised Statutes › Chapter 14 - Cities of the Metropolitan Class › 14-401 - Buildings and structures; regulations; board of appeals; powers of city council.

14-401.
Buildings and structures; regulations; board of appeals; powers of city council.
For the purpose of promoting the health, safety, and general welfare of the community, the city council in a city of the metropolitan class may regulate and restrict the height, number of stories, and size of buildings and other structures, the percentage of a lot that may be occupied, the size of yards, courts, and other open spaces, the density of population, and the location and use of buildings, structures, and land for trade, industry, residence, or other purposes. Such regulations may provide for a board of appeals that may determine and vary application of such regulations in harmony with their general purpose and intent, and in accordance with general or specific rules contained in such regulations.
Source
Laws 1925, c. 45, § 1, p. 178;
C.S.1929, § 14-404;
R.S.1943, § 14-401;
Laws 2022, LB800, § 132.
Annotations
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).
Zoning ordinances enacted by a city, as a lawful exercise of police power, must be consistent with public health, safety, morals, and the general welfare. Giger v. City of Omaha, 232 Neb. 676, 442 N.W.2d 182 (1989).
This article sets forth the powers and duties of a metropolitan city with respect to planning and zoning. State v. Buttner, 180 Neb. 529, 143 N.W.2d 907 (1966).
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).
This section constitutes a grant of power to zone. Davis v. City of Omaha, 153 Neb. 460, 45 N.W.2d 172 (1950).
City council is empowered to regulate and restrict height and size of buildings, and the percentage of lot that may be occupied. Roncka v. Fogarty, 152 Neb. 467, 41 N.W.2d 745 (1950).
This and subsequent sections of this article became a part of city charter subsequent to provisions relating to gifts made to the city for parks and playground purposes. Ash v. City of Omaha, 152 Neb. 393, 41 N.W.2d 386 (1950).
Ordinance of city of metropolitan class prescribing a restricted zone for high-type residential use was sustained as constitutional under police power. Dundee Realty Co. v. City of Omaha, 144 Neb. 448, 13 N.W.2d 634 (1944).
Zoning ordinance, drafted in general terms and providing reasonable margin to secure effective enforcement, is within police power of state and constitutional. Pettis v. Alpha Alpha Chapter of Phi Beta Pi, 115 Neb. 525, 213 N.W. 835 (1927).
Cities of metropolitan class under this article are not authorized to impose unreasonable regulations upon the owners of city lots with respect to the area which may be occupied for building purposes. State ex rel. Westminster Presbyterian Church v. Edgecomb, 108 Neb. 859, 189 N.W. 617 (1922), 27 A.L.R. 437 (1922).
2023 Nebraska Revised Statutes › Chapter 14 - Cities of the Metropolitan Class › 14-403.01 - New comprehensive plan or full update; requirements.

14-403.01.
New comprehensive plan or full update; requirements.
When a city of the metropolitan class adopts a new comprehensive plan or a full update to an existing comprehensive plan, such plan or update shall include, but not be limited to, an energy element which: Assesses energy infrastructure and energy use by sector, including residential, commercial, and industrial sectors; evaluates utilization of renewable energy sources; and promotes energy conservation measures that benefit the community.
Source
Laws 2010, LB997, § 1;
Laws 2020, LB731, § 1.
2023 Nebraska Revised Statutes › Chapter 14 - Cities of the Metropolitan Class › 14-404 - Building zones; boundaries; regulations; recommendation of city planning board required; hearing; notice.

14-404.
Building zones; boundaries; regulations; recommendation of city planning board required; hearing; notice.
A city of the metropolitan class shall provide for the manner in which regulations and restrictions adopted pursuant to sections 14-401 to 14-418 and the boundaries of districts created under section 14-402 shall be determined, established, and enforced, and from time to time amended, supplemented, or changed. The city shall not determine the boundaries of any district or impose any regulations or restrictions until after the appropriate planning board of the city has made recommendations on such regulations, restrictions, or boundary changes, and no such regulation, restriction, or boundary change shall become effective until after a public hearing at which citizens shall have an opportunity to be heard. At least one day's notice of the time, place, and purpose of such hearing shall be published in the official newspaper or a legal newspaper in or of general circulation in such city, and not less than ten days before such hearing.
Source
Laws 1921, c. 116, art. III, § 66, p. 467;
C.S.1922, § 3622;
Laws 1925, c. 45, § 4, p. 179;
C.S.1929, § 14-402;
C.S.1929, § 14-407;
R.S.1943, § 14-404;
Laws 1959, c. 37, § 1, p. 211;
Laws 2022, LB800, § 135.
Annotations
Much ministerial work is involved in following the statutory directive for planning and zoning. State v. Buttner, 180 Neb. 529, 143 N.W.2d 907 (1966).
2023 Nebraska Revised Statutes › Chapter 14 - Cities of the Metropolitan Class › 14-405 - Building zones; boundaries; regulations; change or repeal; protest.

14-405.
Building zones; boundaries; regulations; change or repeal; protest.
Regulations, restrictions, and boundaries adopted pursuant to sections 14-401 to 14-418 may from time to time be amended, supplemented, changed, modified, or repealed. When a protest against a change of boundaries is presented to the city clerk at least six days prior to the city council vote on such change and such change is not in accordance with the comprehensive development plan, such change shall not become effective except by a favorable vote of five-sevenths of all members of the city council. Such protest shall be in writing, signed, and sworn and acknowledged pursuant to section 64-206 by the required owners. For purposes of this section, the required owners means those fee simple owners of record as recorded by the county register of deeds owning at least twenty percent of the area: (1) Included in the proposed change; (2) abutting either side of the proposed change; (3) abutting the rear of the proposed change; (4) abutting the front of the proposed change; or (5) directly opposite of the proposed change on the other side of a dedicated public right-of-way and extending fifty feet on either side of such opposite lot.
Source
Laws 1925, c. 45, § 5, p. 180;
C.S.1929, § 14-408;
R.S.1943, § 14-405;
Laws 1986, LB 971, § 1;
Laws 2005, LB 161, § 1;
Laws 2022, LB800, § 136.
2023 Nebraska Revised Statutes › Chapter 14 - Cities of the Metropolitan Class › 14-406 - Building zones; nonconforming use; continuance authorized; changes.

14-406.
Building zones; nonconforming use; continuance authorized; changes.
The lawful use of land existing on April 1, 1925, although such use does not conform to sections 14-401 to 14-418, may be continued, but if such nonconforming use is abandoned, any future use of such land shall be in conformity with sections 14-401 to 14-418. The lawful use of a building existing on April 1, 1925, may be continued, although such use does not conform with sections 14-401 to 14-418, and such use may be extended throughout the building, provided no structural alterations, except those required by law or ordinance, are made in such building. If no structural alterations are made, a nonconforming use of a building may be changed to another nonconforming use of the same or a higher classification. Whenever a use district shall be changed, any then existing nonconforming use in such changed district may be continued or changed to a use permitted in that district if all other regulations governing the new use are complied with. Whenever a nonconforming use of a building has been changed to a more restricted use or to a conforming use such use shall not thereafter be changed to a less restricted use.
Source
Laws 1925, c. 45, § 6, p. 180;
C.S.1929, § 14-409;
R.S.1943, § 14-406;
Laws 2022, LB800, § 137.
Annotations
There was no conflict between this section and home rule charter of Omaha with respect to zoning as to dog kennels. Wolf v. City of Omaha, 177 Neb. 545, 129 N.W.2d 501 (1964).
Dog kennel was not a nonconforming permitted use. City of Omaha v. Gsantner, 162 Neb. 839, 77 N.W.2d 663 (1956).
2023 Nebraska Revised Statutes › Chapter 14 - Cities of the Metropolitan Class › 14-407 - Zoning; exercise of powers; planning board or official; notice to military installation; notice to neighborhood association.

14-407.
Zoning; exercise of powers; planning board or official; notice to military installation; notice to neighborhood association.
(1) A city of the metropolitan class shall exercise the powers conferred by sections 14-401 to 14-418 through such appropriate planning board or official as exists in such city.
(2) When the city is considering the adoption or amendment of a zoning ordinance or the approval of the platting or replatting of any development of real estate, the city shall notify any military installation which is located within the corporate boundary limits or the extraterritorial zoning jurisdiction of the city if the city has received a written request for such notification from the military installation. The planning board shall deliver the notification to the military installation at least ten days prior to the meeting of the planning board at which the proposal is to be considered.
(3) When the city is considering the adoption or amendment of a zoning ordinance, except for an amendment that serves only to correct a misspelling or other typographical error, the city shall notify any registered neighborhood association whose area of representation is located in whole or in part within the area that will be included in such zoning ordinance. Each neighborhood association desiring to receive such notice shall register with the city the area of representation of such association and provide the name of and contact information for the individual designated to receive notice on behalf of such association and the requested manner of service, whether by email or first-class or certified mail. The registration shall be in accordance with any rules and regulations adopted and promulgated by the city. The planning board shall deliver the notification to the neighborhood association (a) in the manner requested by the neighborhood association and (b) at least ten days prior to the meeting of the planning board at which the proposal is to be considered.
Source
Laws 1925, c. 45, § 7, p. 181;
C.S.1929, § 14-410;
R.S.1943, § 14-407;
Laws 1959, c. 37, § 2, p. 212;
Laws 2010, LB279, § 1;
Laws 2016, LB700, § 1;
Laws 2019, LB196, § 1.
Cross References
Planning board, extraterritorial member, see sections 14-373.01 and 14-373.02.
2023 Nebraska Revised Statutes › Chapter 14 - Cities of the Metropolitan Class › 14-408 - Building zones; zoning board of appeals; members; term; vacancy; removal; meetings; oaths; subpoenas; record; public access.

14-408.
Building zones; zoning board of appeals; members; term; vacancy; removal; meetings; oaths; subpoenas; record; public access.
(1) The city council of a city of the metropolitan class may provide for the appointment of a zoning board of appeals consisting of five regular members. Two additional alternate members shall be appointed and designated as first alternate and second alternate members, either or both of whom may attend any meeting and may serve as voting and participating members of the zoning board of appeals with the authority of a regular board member at any time when less than the full number of regular board members is present and capable of voting. If both alternate members are present when only a single regular member is absent, the first alternate member shall serve for the balance of the meeting.
(2) Upon the expiration of the initial terms of such regular and alternate members, all members and alternates shall be appointed for a term of five years. The city council shall have the power to remove any regular or alternate member of the zoning board of appeals for cause and after public hearing. Vacancies shall be filled for the unexpired term of a regular or alternate member whose place has become vacant.
(3) All meetings of the zoning board of appeals shall be held at the call of the chairperson and at such other times as such 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 zoning board of appeals shall be open to the public. The zoning board of appeals shall keep minutes of its proceedings, showing the vote of each member upon every question, or if absent or failing to vote, indicating such fact, and shall also keep records of its examinations and other official actions.
(4) Every rule or regulation, every amendment or repeal of such rule or regulation, and every order, requirement, decision, or determination of the zoning board of appeals shall immediately be filed in the office of such board and shall be a public record.
Source
Laws 1925, c. 45, § 8, p. 181;
C.S.1929, § 14-411;
R.S.1943, § 14-408;
Laws 1974, LB 703, § 1;
Laws 2001, LB 179, § 1;
Laws 2022, LB800, § 138.
Annotations
Board of appeals is vested with discretion in determination of matters within its province subject to court review for abuse of discretion. Peterson v. Vasak, 162 Neb. 498, 76 N.W.2d 420 (1956).
This section provides for the appointment of members of a zoning board of appeals, their tenure of office, meetings, hearings, and records. Roncka v. Fogarty, 152 Neb. 467, 41 N.W.2d 745 (1950).
2023 Nebraska Revised Statutes › Chapter 14 - Cities of the Metropolitan Class › 14-409 - Zoning board of appeals; powers and duties; vote required for reversal.

14-409.
Zoning board of appeals; powers and duties; vote required for reversal.
A zoning board of appeals appointed pursuant to section 14-408 shall hear and decide appeals from and review any order, requirement, decision, or determination made by an administrative official charged with the enforcement of any ordinance adopted pursuant to sections 14-401 to 14-418. The zoning board of appeals shall also hear and decide all matters referred to it or upon which it is required to pass under any such ordinance. The concurring vote of four members of the zoning board of appeals shall be necessary to reverse any order, requirement, decision, or determination of any such administrative official, or to decide in favor of the applicant any matter upon which it is required to pass under any such ordinance or to affect any variation in such ordinance.
Source
Laws 1925, c. 45, § 8, p. 182;
C.S.1929, § 14-411;
R.S.1943, § 14-409;
Laws 2022, LB800, § 139.
Annotations
Zoning board of appeals may review any order made by an administrative official charged with enforcement of a zoning ordinance. Roncka v. Fogarty, 152 Neb. 467, 41 N.W.2d 745 (1950).
2023 Nebraska Revised Statutes › Chapter 14 - Cities of the Metropolitan Class › 14-410 - Zoning board of appeals; appeal; procedure; effect.

14-410.
Zoning board of appeals; appeal; procedure; effect.
Any appeal heard pursuant to section 14-409 may be taken by any person aggrieved or by an officer, department, board, or bureau of the city. Such appeal shall be taken within such time as shall be prescribed by the zoning board of appeals by general rule, by filing with the officer from whom the appeal is taken and with the zoning board of appeals a notice of appeal, specifying the grounds for such appeal. The officer from whom the appeal is taken shall transmit to the zoning board of appeals 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 zoning board of appeals, after the notice of appeal shall have been filed with such officer, that by reason of facts stated in the certificate a stay would, in such officer's opinion, cause imminent peril to life or property, in which case proceedings shall not be stayed otherwise than by a restraining order which may be granted by the zoning board of appeals or by a court of record on application, on notice to the officer from whom the appeal is taken and on a showing of due cause.
Source
Laws 1925, c. 45, § 8, p. 182;
C.S.1929, § 14-411;
R.S.1943, § 14-410;
Laws 2022, LB800, § 140.
Annotations
Regardless of whether a request for variances was termed an "appeal," a zoning board of appeals was exercising appellate jurisdiction when the board granted certain variances. Lamar Co. v. Omaha Zoning Bd. of Appeals, 271 Neb. 473, 713 N.W.2d 406 (2006).
Appeal procedure is provided. Peterson v. Vasak, 162 Neb. 498, 76 N.W.2d 420 (1956).
2023 Nebraska Revised Statutes › Chapter 14 - Cities of the Metropolitan Class › 14-412 - Zoning board of appeals; special permits; power to grant; conditions.

14-412.
Zoning board of appeals; special permits; power to grant; conditions.
The zoning board of appeals shall have specific power to grant special permits to the state, or any political subdivision thereof, and to public utilities for public service purposes, although the application may be in conflict with the provisions of ordinances or regulations adopted under the authority of sections 14-401 to 14-418, except that such permits shall be granted upon such conditions as the zoning board of appeals may deem necessary, proper, or expedient, to promote the objects of such sections.
Source
Laws 1925, c. 45, § 8, p. 183;
C.S.1929, § 14-411;
R.S.1943, § 14-412;
Laws 2022, LB800, § 142.