Chapter 12

ZONING

Article 5. Administration and Enforcement

§12-501 BUILDING PERMITS AND CERTIFICATES OF ZONING COMPLIANCE.

1. Administration and Enforcement: An administrative official designated by the City Council shall administer and enforce this Chapter. He may be provided with the assistance of such other persons as the City Council may direct.

If the administrative official shall find that any of the provisions of this Chapter are being violated, he shall notify in writing the person responsible for such violations, indicating the nature of the violation and ordering the action necessary to correct it. He shall order discontinuance of illegal use of land, buildings, or structures: removal of illegal buildings or structures or of illegal additions, alterations, or structural changes; discontinuance of any illegal work being done; or shall take any other action authorized by this Chapter to ensure compliance with or to prevent violation of its provisions.

2. Building Permits Required: No non-farm building or other non-farm structure shall be erected, moved, added to, or structurally altered without a permit therefor, issued by the administrative official. No building permit shall be issued by the administrative official except in conformity with the provisions of this Chapter, unless he receives a written order from the Board of Adjustment in the form of an administrative review, special exception, or variance as provided by this Chapter.

A building permit for a livestock building shall only be issued by the City Council. No building permit shall be issued by the City Council for a livestock building except in conformity with the provisions of this Chapter, unless it grants a special exception or variance as provided by this Chapter. The City Council shall have the power to act as the Board of Adjustment for this purpose as provided in this Chapter. Upon acting as the Board of Adjustment in considering any application for a special exception or variance, the City Council shall be bound by the provisions of this Chapter as it applies to actions of the Board of Adjustment.

A livestock building shall be defined for purposes of this section as any building or structure designed for the purpose of, or used for the purpose of, holding or housing livestock.

3. Application for Building Permit: All applications for non-farm building permits shall be accompanied by plans in triplicate drawn to scale, showing the actual dimensions and shape of the lot to be built upon; the exact sizes and locations on the lot of buildings already existing, if any; and the location and dimensions of the proposed building or alteration. The application shall include such other information as lawfully may be required by the administrative official, including existing or proposed building or alterations; existing or proposed uses of the building and land; the number of families, housekeeping units, or rental units the building is designed to accommodate; conditions existing on the lot; and such other matters as may be necessary to determine conformance with, and provide for the enforcement of, this Chapter.

One copy of the plans shall be returned to the applicant by the administrative official, after he shall have marked such copy either as approved or disapproved and attested to same by his signature on such copy. The original and one copy of the plans, similarly marked, shall be retained by the administrative official.

4. Certificates of Zoning Compliance for New, Altered or NonConforming Uses: It shall be unlawful to use or occupy or permit the use or occupancy of any building or premises, or both, or part thereof hereafter created, erected, changed, converted, or wholly or partly altered or enlarged in its use or structure until a certificate of zoning compliance shall have been issued therefor by the administrative official stating that the proposed use of the building or land conforms to the requirements of this Chapter.

5. Expiration of Building Permit: If the work described in any building permit has not begun within 180 days from the date of issuance thereof, said permit shall expire; it shall be canceled by the administrative official; and written notice thereof shall be given to the persons affected.

If the work described in any building permit has not been substantially completed within two years of the date of issuance thereof, said permit shall expire and be canceled by the administrative official, and written notice thereof shall be given to the persons affected, together with notice that further work as described in the canceled permit shall not proceed unless and until a new building permit has been obtained.

6. Construction and Use to be as Provided in Applications, Plans, Permits, and Certificates of Zoning Compliance: building permits or certificates of zoning compliance issued on the basis of plans and applications approved by the administrative official or City Council authorize only the use, arrangement, and construction set forth in such approved plans and applications and no other use, arrangement, or construction. Use, arrangement, or construction at variance with that authorized shall be deemed violation of this Chapter, and punishable as provided by 12-701 hereof.

§12-502 SCHEDULE OF FEES, CHARGES AND EXPENSES. The City Council shall establish a schedule of fees, charges, and expenses and a collection procedure for building permits, certificates of zoning compliance, appeals, and other matters pertaining to this Chapter. The schedule of fees shall be posted in the office of the administrative official, and may be altered or amended only by the City Council.

Until all applicable fees, charges, and expenses have been paid in full, no action shall be taken on any application or appeal.

§12-503 CITY COUNCIL: ZONING; POWERS AND DUTIES. The City Council shall have the following powers and duties:

1. Administrative Review: To hear and decide appeals where it is alleged there is error in any order, requirement, decision or determination made by the administrative official in the enforcement of zoning requirements of the City of Henderson, Nebraska.

2. Special Exceptions; Conditions Governing Applications; Procedures: To hear and decide only such special exceptions as the City Council is authorized to pass on by the terms of this Chapter; to decide such questions as are involved in determining whether special exceptions should be granted; and to grant special exceptions with such conditions, terms and safeguards as are appropriate under this Chapter; or to deny special exceptions when not in harmony with the purpose and intent of this Chapter. A special exception shall not be granted by the City Council unless and until:

a.A written application for the special exception is submitted stating the nature of the special exception requested, the section of this Chapter under which the special exception is sought and stating the grounds on which it is requested and the legal description of the property on which the special exception is sought.

b. Notice of any hearing scheduled upon such request for special exception shall be given at least fifteen (15) days in advance of such public hearing. The owner of the property for which the special exception is sought or his or her agent shall be notified by mail. Notice of such hearing shall be posted on the property for which special exception is sought, and at the City Hall at least fifteen (15) days prior to the public hearing.

c. The public hearing shall be held at the time and place set forth in the notice. Any party may appear in person, or by agent or attorney.

d. A special exception may be granted by the City Council upon the showing of particular facts and circumstances which make the granting of the special exception appropriate in the location in which the special exception is proposed. Factors to be taken into account include the following:

i. The need for the special exception, both in the neighborhood and in the community;

ii The effect of the special exception on neighboring property values and on the use of neighboring property;

iii. The stability and integrity of the zoning district in which the special exception is applied for, and the effect that such exception will have on said district if granted;

iv. The impact on traffic flow, parking and access to and from properties in the district in which the special exception is requested;

v. Noise, odor, glare, light and similar factors that may be affected by the granting of the special exception;

vi. The compatibility of the special exception with adjacent properties and other properties in the district;

vii. Promotion of the safety of individuals and properties within the district;

viii. Prevention of overcrowding and excessive intensity of land uses;

ix. The availability of facilities such as water and sewer mains, police and fire protection, road service and refuse service available to such property; and

x.Other factors and considerations deemed relevant by the City Council.

3. Required Findings: The City Council shall not grant such special exception until it determines that it is empowered to grant the special exception under this Chapter and that the granting of the special exception will not adversely affect the public interest.

4. Variances; Conditions Governing Applications; Procedures: To authorize upon appeal in specific cases such variances from the terms of this Chapter as will not be contrary to the public interest where, owing to special conditions, a literal enforcement of the provisions of this Chapter would result in unnecessary hardship and so that the intent of the Chapter may be carried out. A variance from the terms of this Chapter shall not be granted by the City Council unless and until:

a. A written application for a variance is submitted which sets forth the nature of the variance requested, the provision of this Chapter from which the variance is requested; and the legal description of the property upon which the variance is sought.

b. Notice of the public hearing held on the request for variance and the conduct of said public hearing shall be as set forth in subdivisions 2.b. and c. of this section.

c. Where by reason of exceptional narrowness, shallowness, or shape of a specific piece of property at the time of the enactment of the zoning requirement involved, or by reason of exceptional topographic conditions or other extraordinary and exceptional situations or conditions of such piece of property, the strict application of any regulation under this Chapter would result in peculiar and exceptional practical difficulties to, or exceptional and undue hardships upon the owner of such property, to authorize, upon appeal relating to the property, a variance from strict application so as to relieve such difficulties or hardships, if such relief may be granted without substantial detriment to the public interest and without substantially impairing the intent and purpose of any zoning requirement.

d. No such variance shall be authorized by the City Council unless it finds that:

i The strict application of this Chapter would produce undue hardship.

ii Such hardship is not shared generally by other properties in the same zoning district and the same vicinity.

iii 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.

iv The granting of such variance is based upon reasons of demonstrable and exceptional hardship as distinguished from variations for purpose of convenience, profit or caprice.

e. No variance shall be authorized unless the City Council finds that the granting of the variance will be in harmony with the general purpose and intent of this Chapter, and will not be injurious to the neighborhood, or otherwise detrimental to the public welfare. Nor shall any variance be authorized unless the City Council finds that the condition or situation of the property concerned is not of so general or recurring a nature as to make reasonably practical or practicable the formulation of a general regulation to be adopted as an amendment to this Chapter.

f. In acting upon an application for a variance, the City Council may, in conformity with the provisions of this Chapter, modify the order, requirements, decision, or determination of any administrative official 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 official from whom the appeal is taken.

g. The concurring vote of four members of the City Council shall be necessary to reverse any order, requirement, decision, or determination of the administrative official appealed from, or to decide in favor of the applicant on any request for variance or application for special exception under this Chapter.

§12-504 APPEALS FROM THE CITY COUNCIL. Any person or persons may seek review of any decision of the City Council pertaining to any request for variance, special exception or decision made following appeal from a decision by the zoning administrative official. Such review shall be by appeal to the District Court of York County, Nebraska pursuant to state law.

§12-505 DUTIES OF ADMINISTRATIVE OFFICIAL, CITY COUNCIL, AND DISTRICT COURTS. All questions of interpretation of this Chapter shall be first presented to the zoning administrative official. Such questions shall be presented to the City Council only on appeal from the decision of the administrative official. Appeal from the decision by the City Council shall be to the York County District Court pursuant to state law.

§12-506 PROVISIONS OF CHAPTER DECLARED TO BE MINIMUM REQUIREMENTS. In their interpretation and application, the provisions of this Chapter shall be held to be minimum requirements, adopted for the promotion of the public health, safety, morals, or general welfare. Wherever the requirements of this Chapter are at variance with the requirements of any other lawfully adopted rules, regulations, resolution, deed restrictions, or covenants, the most restrictive or that imposing the higher standards, shall govern.

§12-507 COMPLAINTS REGARDING VIOLATIONS. Whenever a violation of this Chapter occurs, or is allowed to have occurred, any person may file a written complaint. Such complaints stating fully the causes and basis thereof shall be filed with the administrative official. He shall record properly such complaint, immediately investigate, and take action thereon as provided by this Chapter.