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Requirements for a Comphrehensive Development Plan in Nebraska
19-901
Zoning regulations; power to adopt; when; comprehensive
development plan; planning commission; reports and hearings;
purpose; validity of plan; not applicable; when.
(1) For the purpose of promoting health,
safety, morals, or the general welfare of the community, the
legislative bodies in cities of the first and second class and in
villages may adopt zoning regulations which regulate and restrict
the height, number of stories, and size of buildings and other
structures, the percentage of 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.
(2) Such powers shall be exercised only after the
municipal legislative body has established a planning commission,
received from its planning commission a recommended comprehensive
development plan as defined in section 19-903, adopted such
comprehensive development plan, and received the specific
recommendation of the planning commission on the adoption or
amendment of zoning regulations. The planning commission shall
make a preliminary report and hold public hearings on its
recommendations regarding the adoption or repeal of the
comprehensive development plan and zoning regulations and shall
hold public hearings thereon before submitting its final report
to the legislative body. Amendments to the comprehensive plan or
zoning regulations shall be considered at public hearings before
submitting recommendations to the legislative body.
(3) A comprehensive development plan as defined in
section 19-903 which has been adopted and not rescinded by such
legislative body prior to May 17, 1967, shall be deemed to have
been recommended and adopted in compliance with the procedural
requirements of this section when, prior to the adoption of the
plan by the legislative body, a recommendation thereon had been
made to the legislative body by a zoning commission in compliance
with the provisions of section 19-906, or by a planning
commission appointed under the provisions of Chapter 19, article
9, regardless of whether the planning commission had been
appointed as a zoning commission.
(4) The requirement that a planning commission be
appointed and a comprehensive development plan be adopted shall
not apply to cities of the first and second class and villages
which have legally adopted a zoning ordinance prior to May 17,
1967, and which have not amended the zoning ordinance or zoning
map since May 17, 1967. Such city or village shall appoint a
planning commission and adopt the comprehensive plan prior to
amending the zoning ordinance or zoning map.
Source:
Laws 1927, c. 43, § 1, p. 182; C.S.1929, § 19-901;
Laws 1941, c. 131, § 8, p. 509; C.S.Supp.,1941, § 19-901;
R.S.1943, § 19-901; Laws 1959, c. 65, § 1, p. 289;
Laws 1967, c. 92, § 1, p. 283; Laws 1967, c. 93, § 1, p. 288;
Laws 1974, LB 508, § 1; Laws 1975, LB 410, § 10; Laws 1977, LB 95, § 1;
Laws 1983, LB 71, § 8.
Annotations:
Zoning powers granted to villages under section 19-901,
R.R.S.1943, shall be exercised only after the municipal
legislative body has appointed a planning commission, received
from its planning commission a recommended comprehensive
development plan as defined in section 19-903, R.R.S.1943,
adopted such comprehensive development plan, and received the
specific recommendation of the planning commission on the
adoption or amendment of zoning regulations. Village of McGrew
v. Steidley, 208 Neb. 726, 305 N.W.2d 627 (1981).
Plaintiff was not entitled to an injunction enjoining
defendant from erecting a fire station in violation of a zoning
ordinance. Witzel v. Village of Brainard, 208 Neb. 231, 302
N.W.2d 723 (1981).
Adoption, amendment, supplement, or change of regulations
and restrictions under comprehensive development plan shall not
become effective until after a public hearing of which notice
has been given. Stec v. Countryside of Hastings, Inc., 190 Neb.
733, 212 N.W.2d 561 (1973).
Cities of the first class have authority to regulate and
restrict the use of land located within boundaries of the city.
City of Grand Island v. Ehlers, 180 Neb. 331, 142 N.W.2d 770 (1966).
This section was not applicable to zoning act relating to
first class cities only. Schlientz v. City of North Platte,
172 Neb. 477, 110 N.W.2d 58 (1961).
Action of city council in zoning or rezoning must have a
foundation in promoting health, safety, morals, or general welfare
of the community. Weber v. City of Grand Island, 165 Neb. 827,
87 N.W.2d 575 (1958).
The Purpose of a Comprehensive Development Plan
23-114.02
Comprehensive development plan; purpose.
The general plan for the improvement and
development of the county shall be known as the comprehensive
development plan and shall, among other elements, include:
(1) A land-use element which designates the proposed
general distribution, general location, and extent of the uses of
land for agriculture, housing, commerce, industry, recreation,
education, public buildings and lands, and other categories of
public and private use of land;
(2) The general location, character, and extent of
existing and proposed major streets, roads, and highways, and air
and other transportation routes and facilities; and
(3) The general location, type, capacity, and area
served of present and projected or needed community facilities
including recreation facilities, schools, libraries, other public
buildings, and public utilities and services.
The comprehensive development plan shall consist of
both graphic and textual material and shall be designed to
accommodate anticipated long-range future growth which shall be
based upon documented population and economic projections.
Source:
Laws 1967, c. 117, § 3, p. 368.
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