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CHAPTER 10 – MUNICIPAL PLANNING


Article 1 – Comprehensive Plan
section 10-101: ADOPTED BY REFERENCE
Article 2 – Zoning Regulations
SECTION 10-201: ZONING MAP; adopted by reference
SECTION 10-202: DEFINITIONS
SECTION 10-203: ZONING DISTRICTS
SECTION 10-204: GENERAL REQUIREMENTS
SECTION 10-205: AGRICULTURAL DISTRICT USE REGULATIONS
SECTION 10-206: RESIDENTIAL DISTRICT USE REGULATIONS
SECTION 10-207: COMMERCIAL DISTRICT USE REGULATIONS
SECTION 10-208: INDUSTRIAL DISTRICT USE REGULATIONS
SECTION 10-209: AREA AND HEIGHT REGULATIONS
SECTION 10-210: AREA AND HEIGHT MODIFICATIONS
SECTION 10-211: OFF-STREET PARKING REQUIREMENTS
SECTION 10-212: SPECIAL USES
SECTION 10-213: NONCONFORMING USES
Article 3 – Floodplain Regulations
SECTION 10-301: DEFINITIONS
SECTION 10-302: ADMINISTRATOR
SECTION 10-303: FLOOD HAZARD BOUNDARY MAP/FLOOD INSURANCE RATE MAP
SECTION 10-304: PERMITS REQUIRED; APPLICATION
SECTION 10-305: PERMIT APPLICATIONS; REVIEW by village clerk
SECTION 10-306: PERMIT APPLICATIONS; REVIEW REQUIREMENTS
SECTION 10-307: FINDINGS OF FACT
SECTION 10-308: NEW WATER AND SEWER SYSTEMS
SECTION 10-309: ALTERED OR RELOCATED WATERCOURSES
SECTION 10-310: VARIANCE PROCEDURES
SECTION 10-311: CONDITIONS FOR VARIANCEs
SECTION 10-312: NONCONFORMING USE
SECTION 10-313: PENALTIES FOR VIOLATION
SECTION 10-314: AMENDMENTS
Article 4 – Penal Provisions
section 10-401: VIOLATION; PENALTY
Section 10-402: ABATEMENT OF NUISANCE

CHAPTER 10 – MUNICIPAL PLANNING
Article 1 – Comprehensive Plan
section 10-101: ADOPTED BY REFERENCE
The Comprehensive Development Plan for the Village of Greeley was adopted on April 5, 1999. One copy of the adopted plan shall be kept on file with the city clerk and available for inspection by any member of the public during office hours.

 

Article 2 – Zoning Regulations
SECTION 10-201: ZONING MAP; adopted by reference
This article includes by reference a map designated as the official zoning map of the Village of Greeley. The original of said map is properly attested and filed with the village clerk. Such map and all notations, references and other information shown on it are part of this article and shall have the same force and effect as if fully set forth or described herein.
SECTION 10-202: DEFINITIONS
For the purpose of this article, the following words and phrases shall have the following meanings:
"Accessory building" shall mean a subordinate building or portion of the main building, the use of which is customarily incidental to that of the main building.
"Block front" shall mean all of the property on one side of a street between two intersecting streets.
"Building" shall mean any structure designed or intended for the support, enclosure, shelter or protection of persons, animals, chattels or property and forming a construction that is safe and stable. The word “building” shall include the word “structure.”
"Building, height of" shall mean the vertical distance from the grade (elevation of the curb, sidewalk or average elevation of the ground around the structure) to the highest point of coping of a flat roof, or to the deck line of a mansard roof, or to the mean height level between eaves and ridge for gable, hip or gambrel roofs.
"Cellar" shall mean that portion of a building located partly or wholly underground, having one-half or more of its floor-to-ceiling height below the average grade of the adjoining ground.
"Commission" shall mean the Planning Commission of Greeley, Nebraska.
“Dwelling” or “residence” shall mean any building or portion thereof designed and used exclusively for residential purposes.
"Dwelling, multiple" or “residence, multiple" shall mean a dwelling or residence containing more than two dwelling units.
"Dwelling unit" shall mean a room or group of rooms within a dwelling and forming a single habitable unit with facilities for living, sleeping and cooking.
"Floor area" shall mean the sum of the gross horizontal areas of all floors of a building measured from the exterior faces of the exterior walls or from the centerline of walls separating buildings but not including cellar or basement space not used for retailing.
"Frontage" shall mean all the property abutting upon one side of a street between two intersecting streets, measured along the right of way line.
"Garage, private" shall mean a building used only for the housing of motor vehicles, without their equippage for operation, repair, hire or sale.
"Garage, public" shall mean a garage other than a private garage.
"Home occupation" shall mean any occupation or profession carried on by a member of a family residing on the premises, provided no commodity is sold thereon, no person is employed other than such member of the family, and no mechanical equipment is used except for such as is ordinarily used for domestic purposes.
"Lot" shall mean a parcel of land occupied or intended for occupancy by a use permitted in this article, including one main building together with its accessory building, open spaces, and parking spaces required by this article, and having its principal frontage upon a street.
"Lot of record" shall mean a lot or parcel of land, the deed to which has been recorded in the office of the county register of deeds prior to the adoption of this article.
"Nonconforming use" shall mean any building or land lawfully occupied by a use at the time of passage of this article which does not conform with the use regulations of the district within which it is located.
"Parking space" shall mean a surfaced area, enclosed or unenclosed, sufficient in size to store one automobile (not less than 9 feet wide and 20 feet long) connected to a public street or alley by a surfaced driveway and permanently reserved for the parking or storage of one motor vehicle.
"Place of assembly" shall mean any room or space for the congregation or seating of 100 or more persons.
"Story" shall mean that portion of a building other than a basement included between the surface of the floor next above it, or if there is not floor above it, the space between the floor and the ceiling next above it.
"Street" shall mean any public or private way set aside as a permanent right of way for street purposes.
"Structure" shall mean anything constructed or erected, the use of which requires permanent location on the ground.
"Structural alteration" shall mean any change in structural members of a building, such as walls, columns, beams or girders.
"Trailer court" shall mean any lot or parcel used for one or more trailer coaches, houses or camp cars or other portable or mobile shelters used for living purposes.
"Yard" shall mean an open space on the same lot with a building unobstructed from the ground upward and measured as the minimum horizontal distance between the lot line and main building.
"Yard, front" shall mean a yard extending across the front of a lot between the side lot lines and measured between the street line and the main building or any projection thereof, other than the projection of the usual steps, terraces, unenclosed porches or entrance ways.
"Yard, rear" shall mean a yard extending across the rear of the lot between the side lot lines and measured between the rear lot line and the rear of the main building or any projection other than steps, unenclosed porches or entrance ways.
"Yard, side" shall mean a yard between the main building and the side line of the lot and extending from the front lot line to the rear lot line.

SECTION 10-203: ZONING DISTRICTS
A. For the purposes of this article, the village and the area extending one-half mile from the corporate limits thereof is hereby divided into four zoning districts to be known as follows:

1. Agricultural District
2. Residential District
3. Commercial District
4. Industrial District

The boundaries of these districts are shown on the official zoning map which accompanies and is made a part of this article by reference.

SECTION 10-204: GENERAL REQUIREMENTS
A. No building shall be erected, converted, enlarged, moved or structurally altered nor shall any building or premises be used for any purpose other than permitted in the district in which such building or premises is located. No building shall be erected, enlarged, moved or structurally altered except in conformity with the height, yard, area per family, parking and other regulations prescribed herein for the district in which such lot is located. Every part of a required yard shall be open to the sky unobstructed, except as hereinafter provided, and no yard or lot area shall be reduced so as to be smaller than the applicable district requirements.

B. Every building hereafter erected or structurally altered shall be located in a lot as defined in Section 10-202 and in no case shall more than one residential building be located on a lot.
SECTION 10-205: AGRICULTURAL DISTRICT USE REGULATIONS
In the Agricultural District, buildings, structures and land shall be used only for the following purposes:
A. Agricultural uses, farming, dairying, stock raising or similar purposes, including poultry raising, orchards, nurseries, greenhouses, truck gardens, raising birds, bees, rabbits and other animals, fish and other creatures and other agricultural activities, including dwellings, barns and incidental buildings commonly required for the operation of a farm.
B. Single family residences.
C. Churches, Sunday Schools and other places or worship.
D. Public buildings and publicly owned parks, playgrounds and community centers.
E. Private clubs, private lodges, private social and recreational buildings and grounds for games, sports and camping, but only if not opened to the general public and if not a recreational or entertainment facility governed by Section 10-206.
F. Hospitals or sanitariums, and charitable institutions.
G. Dog kennels and veterinary establishments not nearer than 750 feet to any zoned residential district, incorporated area or dwelling other than the dwelling of the lessee or owner of the site.
H. Removal of dirt or topsoil.
I. Public and private forest and wildlife reservation.
J. Airport and airplane landing field.
K. Riding stable.
L. Accessory buildings, structures or uses, subordinate and customarily incident to and located on the same lot with any of the foregoing principal uses.

SECTION 10-206: RESIDENTIAL DISTRICT USE REGULATIONS
The Residential District buildings, structures and land shall be used only for the following purposes:
A. Residences.
B. Churches, schools and libraries.
C. Public parks, playgrounds and community centers.
D. Golf courses and private clubs not operated for gain.
E. Truck gardens and farming, provided that not more than one horse, cow or similar large animal or more than four hogs, sheep or similar small animals shall be kept on the premises for each acre of land contained therein, and provided further that any such livestock shall be kept in a structure or enclosure located not less than 150 feet from any street or lot line.
F. Religious or philanthropic institutions, not including penal or mental institutions.
G. Home occupations.
H. Office of a resident physician, dentist, attorney or similar professional person when located within his or her residence.
I. Accessory buildings and uses customarily incidental to the above uses, including church, school and similar bulletin boards and signs not exceeding 10 square feet in area pertaining to the lease, hire or sale of a building or premises, provided that any such accessory building is not constructed prior to beginning construction of the main building.
SECTION 10-207: COMMERCIAL DISTRICT USE REGULATIONS
In the Commercial District, buildings, structures and land shall be used only for the following purposes:
A. Any use permitted in the residential district.
B. Automotive sales and services, such as filling stations or service stations, commercial garages, enclosed salesrooms and enclosed buildings for vehicle repair.
C. Business services, such as banks, office buildings and postal stations.
D. Clothing services, such as laundry agencies, self-service laundries, dress-making, millinery, shoe repair and dry cleaning and pressing establishments, employing not more than four persons on any shift and using only cleaning materials safe from fire hazards.
E. Equipment services such as radio shops, electrical appliance shops, record shops.
F. Personal services such as barber shops, beauty salons, reducing salons, and photographic studios.
G. Retail sales such as food markets, drugstores, haberdashers, stationers, news dealers, apparel shops, show rooms and flower shops.
H. Food services such as eating and drinking establishments.
I. Service establishments and wholesale trade conducted completely within an enclosed building.
J. Transportation terminals.
K. Warehouse buildings and commercial storage completely within an enclosed building.
L. Hotels, tourist accommodations and trailer parks.
M. Accessory buildings, structures or uses, subordinate and customarily incident to and located on the same lot with any of the foregoing principal uses.
SECTION 10-208: INDUSTRIAL DISTRICT USE REGULATIONS
A. In the Industrial District, any use not in conflict with the enacted laws of the state or of the village may be permitted provided, however, that no building or premises shall be used for any industrial purpose unless approved by the Village Board after a review and report by the Board of Adjustment and subject to such requirements as it may deem necessary to protect adjacent property and prevent objectionable or offensive conditions.
B. In recommending approval or disapproval of specific industries, the Board of Adjustment shall take into consideration the degree or amount of smoke, dust, gas, noise, vibration and other operational characteristics of the industry, its location and distances from residential areas and its effects on surrounding property, and the board may impose such reasonable conditions and requirements as to landscaping, screening and other features of the development as are deemed necessary for the protection of adjoining residential property.

SECTION 10-209: AREA AND HEIGHT REGULATIONS
Except as provided hereinafter, the area and height regulations shall be as follows:
A. Area. Every lot used for dwelling purposes shall have a minimum area of 7,500 square feet for a single family dwelling and 5,000 square feet per family for any other dwelling. No minimum is required on a lot used only for commercial or industrial purposes.
B. Front Yards. The front yard requirements are 30 feet in the Residential and Commercial Districts and 25 feet in the Industrial District.
C. Side Yards. The side yard requirements for dwellings shall be 7 feet for a single-story building and 8 feet for a building of two or more stories. No side yard is required for commercial or industrial buildings except along the side of a lot abutting a lot in the Residential District, in which case a side yard of 5 feet shall be provided.
D. Rear Yards. The rear yard requirements for dwellings shall be 35 feet. No rear yard is required for commercial or industrial buildings except on a lot abutting a lot in the Residential District, in which case a rear yard of 25 feet shall be provided.
E. Lot Width. Every lot used for residence purposes shall have a minimum width of 50 feet.
F. Building Height. No building shall exceed a height of two and one-half stories or of 35 feet in the Residential and Commercial Districts, or a height of three storIes or of 45 feet in the Industrial District.
SECTION 10-210: AREA AND HEIGHT MODIFICATIONS
The area and height regulations specified in the foregoing shall be modified under certain special conditions or with respect to certain types of structures as specified below:
A. Lot Area and Width. Any lot of record at the time of passage of this article having less area or width than herein required may be used for a single family dwelling nonetheless.
B. Front Yard.
1. Where 30% or more of a block front is improved with buildings, then no part of any new building shall project beyond a line joining the two adjacent corners of the buildings on either side thereof, or where there is a building on only one side, beyond a line projected from the corresponding adjacent corners of the two nearest buildings, except that no building shall be required to provide a front yard greater than 50 feet in any event.

2. A corner lot shall have a front yard on each street, except that the building width shall not be reduced to less than 32 feet, and no accessory building shall project beyond the required front yard on either street.

C. Side Yard. The required side yard shall be maintained on each side of a dwelling, but such side yard may be reduced to 10% of the lot width on lots of less than 50 feet in width provided, however, that no side yard shall be less than 5 feet. For the purpose of side yard regulations, a two-family, group house or multiple dwelling shall be considered as one building occupying one lot.
D. Rear Yard. The required rear yard may be reduced to 20% of the depth of the lot on any lot not exceeding 125 feet. An accessory building may be built within a required rear yard when located at least 5 feet from the rear lot line and when occupying not more than 30% of the area of such required rear yard.
E. All Yards. The ordinary projection of sills, belt courses, cornices and ornamental features may be permitted not to exceed 18 inches in any required yard. An open uncovered porch or paved terrace may extend not more than 10 feet into any required yard.
F. Height.
1. Chimneys, cooling or water towers, elevators, bulkheads, fire towers, monuments, stacks, stage towers, tanks, spires, church steeples, radio towers or necessary mechanical apparatus may be erected to any safe height not in conflict with any other ordinance.

2. Public, semi-public or public service buildings, hospitals, institutions, churches and schools, when permitted in a district, may be erected to a height not exceeding 70 feet, provided all required yards are increased by one foot for each foot of building height above the height limit otherwise provided.

SECTION 10-211: OFF-STREET PARKING REQUIREMENTS
No building shall be erected, enlarged or changed in use unless there is provided on the lot or tract of land used space for the parking of automobiles or trucks in accordance with the following minimum requirements:
A. Dwellings: One parking space for each dwelling unit.
B. Commercial Uses: One parking space for each 200 square feet of floor area.
C. Industries: One parking space for each two employees on the maximum work shift.
SECTION 10-212: SPECIAL USES
The Village Board may, by special permit, after public hearing and subject to such conditions and protective restrictions as are deemed necessary, authorize the following special uses in any district from which they are otherwise prohibited:
A. Cemetery or mausoleum;
B. Greenhouse not less than 100 feet from all property lines, or a plant nursery;
C. Hospital, clinic or institution not for the mentally ill or those with contagious diseases, provided that less than 40 percent of the total land area is occupied by buildings and that all the required yards are increased by one foot for each foot of building height;
D. Landing field or strip for aircraft; radio tower or broadcasting station;
E. Removal of gravel, topsoil or similar natural material, with safeguards for the protection of adjoining property and the community as a whole;
F. Riding stable;
G. Roadside stand, commercial amusement or recreational development for temporary or seasonal periods;
H. Trailer court, but only when complying with the following and such additional requirements as may be deemed necessary for its proper development and the protection of the surrounding area:
1. All appropriate state and county sanitation regulations shall be strictly observed.

2. At least 2000 square feet of lot area per trailer shall be provided; no trailer shall be parked closer to the street or highway than the required front yard setback or closer than 25 feet to any property line; and a clearance of not less than 10 feet shall be maintained between trailer coaches on all sides.

3. Trailer coach spaces shall abut upon a hard surfaced driveway or accessway of not less than 25 feet in width.

4. Service buildings or other facilities for bathing, laundry and sanitation, as required by state and county health regulations, shall be located at least 25 feet from the side and rear lot lines and shall be accessible to all trailer coaches by means of the access drives or hard surfaced walks.
SECTION 10-213: NONCONFORMING USES
A. The lawful use of a building existing at the time of adoption of this ordinance or of a change in the district classification may be continued even though such use does not conform with the provisions thereof. If no structural alterations are made, a nonconforming use of a building may be changed to another nonconforming use of the same or more restricted classification; but whenever a nonconforming use is changed to a more restricted use or to a conforming use, it shall not thereafter be changed to a less restricted use.

B. The nonconforming use of a building may be extended throughout those parts thereof which were manifestly arranged or designed therefor prior to the adoption of this ordinance.

C. No building which has been damaged by fire, explosion, act of God, or the public enemy to the extent of more than 60% of its reproduction value shall be restored except in conformity with the district regulations.

D. In the event that the nonconforming use of a building or premises is discontinued for a period of two years or more, such building or premises shall thereafter be used only in conformity with the regulations of the district in which it is located.

Article 3 – Floodplain Regulations
SECTION 10-301: DEFINITIONS
Unless specifically denied below, words or phrases used in this article shall be interpreted so as to give them the same meaning as they have in common usage and so as to give this article its most reasonable application.
"Base flood" means the flood having 1% chance of being equaled or exceeded in any given year.

"Basement" means any area of the building having its floor subgrade (below ground level) on all sides.

"Development" means any man-made change to improved or unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations or storage of equipment or materials.

"Existing manufactured home park or subdivision" means a manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including, at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is complete before the effective date of the floodplain management regulations adopted by a community.

"Expansion of existing manufactured home park or subdivision" means the preparation of additional sites by the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads.

"Flood" means a general and temporary condition of partial or complete inundation of normally dry land areas from (A) the overflow of inland or tidal waters or (B) the unusual and rapid accumulation of runoff of surface waters from any source.
"Flood Insurance Rate Map (FIRM)" means an official map of a community on which the administrator has delineated both the special flood hazard areas and the risk premium applicable to the community.

"Floodplain" means any land area susceptible to being inundated by water from any source (see definition of "flood").

"Floodproofing" means any combination of structural and non-structural additions, changes or adjustments to structures which reduce or eliminate flood damage to real estate or improved real property, water and sanitary facilities, structures and their contents.

"Floodway" means the channel of the river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than a designated height.

"Historic structure" means any structure that is: (A) listed individually in the National Register of Historic Places, a listing maintained by the Department of Interior, or preliminarily determined by the secretary of the interior as meeting the requirements for individual listing on the National Register; (B) certified or preliminarily determined by the secretary of the interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the secretary to qualify as a registered historic district; (C) individually listed on a state inventory of historic places in states with historic preservation programs which have been approved by the secretary of the interior; or (D) individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified either: (1) by an approved state program as determined by the secretary of the interior or (2) directly by the secretary of the interior in states without approved programs.

"Lowest floor" means the lowest floor of the lowest enclosed area, including basement. An unfinished or flood-resistant enclosure, usable solely for parking of vehicles, building access or storage, in an area other than a basement area, is not considered a building's lowest floor, provided that such enclosure is not built so as to render the structure in violation of the applicable non-elevation design requirements of this ordinance.

"Manufactured home" means a structure, transportable in one or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when attached to the required utilities. The term "manufactured home" does not include a "recreational vehicle."

"Manufactured home park or subdivision" means a parcel or contiguous parcels of land divided into two or more manufactured home lots for rent or sale.

"New construction" for floodplain management purposes means structures for which the start of construction commenced on or after the effective date of the floodplain management regulation adopted by a community and includes any subsequent improvements to such structures.

"New manufactured home park or subdivision" means a manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed, including at a minimum the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads, is completed on or after the effective date of floodplain management regulations adopted by a community.

"100-year flood" means the condition of flooding having a one percent chance of annual occurrence.

"Principally above ground" means that at least 51% of the actual cash value of the structure is above ground.

"Recreational vehicle" means a vehicle which is (A) built on a single chassis; (B) 400 square feet or less when measured at the largest horizontal projection; (C) designed to be self-propelled or permanently towable by a light duty truck; and (D) designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use.

"Regulatory flood elevation" means the water surface elevation of the 100-year flood.

"Special flood hazard area" is the land in the floodplain within a community subject to one percent or greater chance of flooding in any given year.

"Start of Construction" (for other than new construction or substantial improvements under the coastal Barrier Resources Act (Pub. L. 97-348) includes substantial improvement and means the date the building permit was issued, provided the actual start of construction, repair, reconstruction, rehabilitation, addition, placement, or other improvement was within 180 days of the permit date. “Actual start” means the first placement of permanent construction of a structure on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation; or the placement of a manufactured home on a foundation. “Permanent construction” does not include land preparation, such as clearing, grading and filling; nor does it include the installation of streets and/or walkways; nor does it include excavation for a basement, footings, piers, or foundations or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. For a substantial improvement, “actual start of construction” means the first alteration of any wall, ceiling, floor, or other structural part of a building, whether or not the alteration affects the external dimensions of the building.

"Structure" means a walled and roofed building that is principally above ground, as well as a manufactured home, and a gas or liquid storage tank that is principally above ground.

"Substantial damage" means damage of any origin sustained by a structure whereby the cost of restoring the structure to its before-damaged condition would equal or exceed 50 percent of the market value of the structure before the damage occurred.

"Substantial improvement" means any reconstruction, rehabilitation, addition, or other improvement of a structure, the cost of which equals or exceeds 50% of the market value of the structure before "start of construction" of the improvement. This includes structures which have incurred "substantial damage," regardless of the actual repair work performed. The term does not, however, include either (A) any project for improvement of a structure to correct existing violations of state or local health, sanitary, or safety code specifications which have been identified by the local code enforcement official and which are the minimum necessary to assure safe living conditions, or (B) any alteration of a "historic structure," provided that the alteration will not preclude the structure's continued designation as a "historic structure."

"Variance" means a grant of relief to a person from the terms of a floodplain management ordinance.

"Violation" means the failure of a structure or other development to be fully compliant with the community's floodplain management regulations.
SECTION 10-302: ADMINISTRATOR
The water commissioner has the responsibility for and is authorized and directed to enforce all of the provisions of this article related to zoning, subdivision or building codes. The water commissioner is appointed to these additional responsibilities by resolution of the Village Board and his or her appointment shall continue during good behavior and satisfactory service. During temporary absence or disability of the water commissioner, the board shall designate an acting administrator.
SECTION 10-303: FLOOD HAZARD BOUNDARY MAP/FLOOD INSURANCE RATE MAP
The Village Board hereby designates the Greeley County and Incorporated Areas Flood Insurance Rate Map dated May 16, 2008, as the official map to be used in determining those areas of special flood hazard.
SECTION 10-304: PERMITS REQUIRED; APPLICATION
No person, firm or corporation shall initiate any floodplain development or substantial improvement or cause the same to be done without first obtaining a separate permit for development as defined in this article. Within special flood hazard areas on the official map, separate floodplain development permits are required for all new construction, substantial improvements and other developments, including the placement of manufactured homes. To obtain a floodplain development permit, the applicant shall first file an application therefore in writing on a form furnished for that purpose. Every such application shall:
A. Identify and describe the development to be covered by the floodplain development permit for which application is made.
B. Describe the land on which the proposed development is to be done by lot, block, tract and house and street address, or similar description that will readily identify and definitely locate the proposed building or development.
C. Indicate the use or occupancy for which the proposed development is intended.
D. Be accompanied by plans and specifications for proposed construction.
E. Be signed by the permittee or his authorized agent who may be required to submit evidence to indicate such authority.
F. Within designated floodplain areas, be accompanied by elevations of the lowest floor, including basement, or in the case of floodproofed nonresidential structures, the elevation to which is shall be floodproofed. Documentation or certification of such elevations will be maintained by the village clerk.
G. Give such other information as reasonably may be required by the village clerk (i.e., require a statement from the applicant that they are aware that elevating or floodproofing structures above the minimum levels will result in premium reduction, especially in the case of nonresidential floodproofing when a minus one foot (-1') penalty is assessed at the time or rating the structure for the policy premium.)
SECTION 10-305: PERMIT APPLICATIONS; REVIEW by village clerk
The village clerk shall review all development permit applications to determine if the site of the proposed development is reasonably safe from flooding and that all necessary permits have been received as required by federal or state law.
SECTION 10-306: PERMIT APPLICATIONS; REVIEW REQUIREMENTS
The village clerk, in reviewing all applications for new construction, substantial improvements, prefabricated buildings, placement of manufactured homes and other development(s) (as defined in Section 10-301 of this article) will:
A. Obtain, review and reasonably utilize, if available, any regulatory flood elevation data and floodway data available from federal, state or other sources, until such other data is provided by the Federal Insurance Administration in a flood insurance study; and require within special flood hazard areas on the official map that the following performance standards be met:
1. That until a floodway has been designated, no development or substantial improvement may be permitted within the identified floodplain unless the applicant has demonstrated that the proposed development or substantial improvement, when combined with all other existing and reasonably anticipated developments or substantial improvements, will not increase the water surface elevation of the 100-year flood more than one foot at any location.

2. New construction or substantial improvement of any residential structure shall have the lowest floor, including basement, elevated at least one foot above the base flood elevation.

3. New construction or substantial improvement of any commercial, industrial or other nonresidential structure shall either have the lowest floor, including basement, elevated at least one foot above the base flood elevation or, together with attendant utility and sanitary facilities, be floodproofed so that below such a level the structure is watertight with walls substantially impermeable to the passage of water and with structural components having the capability of resisting hydrostatic and hydrodynamic loads and effects of buoyancy. A registered professional engineer or architect shall certify that the standards of this subsection are satisfied. Such certification shall be provided to the local water commissioner.

4. Require for all new construction and substantial improvements that fully enclosed areas below the lowest floor that are usable solely for parking of vehicles, building access or storage in an area other than a basement and which are subject to the flooding shall be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwaters. Designs for meeting this requirement must either be certified by a registered professional engineer or architect or meet or exceed the following minimum criteria: A minimum of two openings having a total net area of not less than one square inch for every square foot of enclosed area subject to flooding shall be provided. The bottom of all openings shall be no higher than one foot above grade. Openings may be equipped with screens, louvers, valves or other coverings or devices provided that they permit the automatic entry and exit of floodwaters.

B. Require the use of construction materials that are resistant to flood damage.
C. Require the use of construction methods and practices that will minimize flood damage.
D. Require that new structures be designed or modified and adequately anchored to prevent flotation, collapse, or lateral movement of the structure resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy.
E. New structures be constructed with electrical, heating, ventilation, plumbing, and air conditioning equipment and other service facilities that are designed and/or located so as to prevent water from entering or accumulating within the components during conditions of flooding.

F. Assure that all manufactured homes shall be anchored to resist flotation, collapse or lateral movement. Manufactured homes must be anchored in accordance with state laws, local building codes and FEMA guidelines. In the event that over-thetop frame ties to ground anchors are used, the following specific requirements or their equivalent shall be met:

1. Over-the-top ties be provided at each of the four corners of the manufactured home with two additional ties per side at the intermediate locations and manufactured homes less than 50 feet long requiring one additional tie per side.

2. Frame ties be provided at each corner of the home with five additional ties per side at intermediate points and manufactured homes less than 50 feet long requiring four additional ties per side.
3. All components of the anchoring system be capable of carrying a force of 4800 pounds.
4. Any additions to manufactured homes be similarly anchored.
G. Assure that all manufactured homes that are placed or substantially improved within special flood hazard areas on the community's official map on sites:

1. Outside of a manufactured home park or subdivision,
2. In a new manufactured home park or subdivision,
3. In an expansion to an existing manufactured home park or subdivision, or
4. In an existing manufactured home park or subdivision on which a manufactured home has incurred "substantial damage" as the result of a flood, be elevated on a permanent foundation such that the lowest floor of the manufactured home is elevated at least one foot above the base flood elevation and be securely anchored to an adequately anchored foundation system in accordance with the provisions of Section 10-306(F).
H. Assure that manufactured homes be placed or substantially improved on sites in an existing manufactured home park or subdivision within special flood hazard areas on the community's official map that are not subject to the provisions of Section 10-306(G) be elevated so that either (1) the lowest floor of the manufactured home is at least one foot above the base flood elevation, or (2) the manufactured home chassis is supported by reinforced piers or other foundation elements of at least equivalent strength that are no less than 36 inches in height above grade and be securely anchored to an adequately anchored foundation system in accordance with the provisions of Section 10-306(F).
I. Require that recreational vehicles placed on sites within the identified special flood hazard areas on the community's official map either (1) be on the site for fewer than 180 consecutive days, (2) be fully licensed and ready for highway use, or (3) meet the permit requirements and the elevation and anchoring requirements of this article for manufactured homes. A recreational vehicle is ready for highway use if it is on its wheels or jacking system is attached to the site only by quick disconnect-type utilities and security devices, and has no permanently attached additions.
SECTION 10-307: FINDINGS OF FACT
The Village Board shall review all subdivision applications and other proposed new developments, including manufactured home parks or subdivisions, and shall make findings of fact and assure that:
A. All such proposed developments are consistent with the need to minimize flood damage.
B. Subdivision proposals and other proposed new developments, including proposals for manufactured home parks and subdivisions, greater than five acres or 50 lots, whichever is lesser, include within such proposals regulatory flood elevation data in special flood hazard areas.
C. Adequate drainage is provided so as to reduce exposure to flood hazards.
D. All public utilities and facilities are located so as to minimize or eliminate flood damage.
SECTION 10-308: NEW WATER AND SEWER SYSTEMS
New and replacement water and sewer systems shall be constructed to eliminate or minimize infiltration by or discharge into flood waters. Moreover, on-site waste disposal systems will be designed to avoid impairment or contamination during flooding.
SECTION 10-309: ALTERED OR RELOCATED WATERCOURSES
The Village Board will insure that the flood-carrying capacity within the altered or relocated portion of any watercourse is maintained. In riverine situations, the village will notify adjacent communities and the State Coordinating Office prior to any alteration or relocation of a watercourse, and submit copies of such notifications to the Federal Emergency Management Agency. Moreover, the village will work with appropriate state and federal agencies in every way possible in complying with the National Flood Insurance Program in accordance with the National Flood Disaster Protection Act of 1973.
SECTION 10-310: VARIANCE PROCEDURES
The Village Board shall hear and decide appeals and requests for variances from the requirements of this article. The board shall hear and decide appeals when it is alleged that there is an error in any requirement, decision or determination made by the water commissioner in the enforcement or administration of this article. Any person aggrieved by the decision of the Village Board or any taxpayer may appeal such decision to the District Court as provided in Neb. Rev. Stat. §19-912. In passing such applications, the board shall consider all technical evaluation, all relevant factors, standards specified in other sections of this article, and:
A. The danger that materials may be swept onto other lands to the injury of others;
B. The danger to life and property due to flooding or erosion damage;
C. The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner;
D. The importance of the services provided by the proposed facility to the community;
E. The necessity to the facility of a waterfront location, where applicable;
F. The availability of alternative locations, not subject to flooding or erosion damage, for the proposed use;
G. The compatibility of the proposed use with existing and anticipated development;
H. The relationship of the proposed use to the comprehensive plan and floodplain management program for that area;
I. The safety of access to the property in times of flood for ordinary and emergency vehicles;
J. The expected heights, velocity, duration, rate or rise and sediment transport of the flood waters and the effects of wave action, if applicable, expected at the site; and
K. The costs of providing governmental services during and after flood conditions, including maintenance and repair of public utilities and facilities such as sewer, gas, electrical and water systems, and streets and bridges.
SECTION 10-311: CONDITIONS FOR VARIANCEs
A. Generally, variances may be issued for new construction and substantial improvements to be erected on a lot of one half acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood level, providing items (B) through (E) below have been fully considered. As the lot size increases beyond the one-half acre, the technical justification required for issuing the variance increases.
B. Variances may be issued for the repair or rehabilitation of historic structures upon a determination that the proposed repair or rehabilitation will not preclude the structure's continued designation as a historic structure and the variance is the minimum necessary to preserve the historic character and design of the structure.
C. Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief.
D. Variances shall only be issued upon (1) a showing of good and sufficient cause, (2) a determination that failure to grant the variance would result in exceptional hardship to the applicant, and (3) a determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, create nuisances, cause fraud on or victimization of the public, or conflict with existing local laws or ordinances/resolutions.
E. Any applicant to whom a variance is granted shall be given written notice that the cost of flood insurance will be commensurate with the increased risk resulting from the reduced lowest floor elevation.
SECTION 10-312: NONCONFORMING USE
A structure or the use of a structure or premises which was lawful before the passage or amendment of the article, but which is not in conformity with the provisions of this article, may be continued subject to the following conditions:
A. If such use is discontinued for 12 consecutive months, any future use of the building premises shall conform to this article. The Utility Department shall notify the village clerk in writing of instances of nonconforming uses where utility services have been discontinued for a period of 12 months.
B. If any nonconforming use or structure is destroyed by any means, including flood, it shall not be reconstructed if the cost is more than 50% of the market value of the structure before the damage occurred except that if it is reconstructed in conformity with the provisions of this article. This limitation does not include the cost of any alteration to comply with existing state or local health, sanitary, building or safety codes or regulations or the cost of any alteration of a structure listed on the National Register of Historic Places or a state inventory of historic places.
SECTION 10-313: PENALTIES FOR VIOLATION
A. Violation of the provisions of this article or failure to comply with any of its requirements, including violations of conditions and safeguards established in connection with grants of variances or special exceptions, shall constitute a misdemeanor. Any person who violates this article or fails to comply with any of its requirements shall, upon conviction thereof, be fined not more than $100.00 and, in addition, shall pay all costs and expenses involved in the case. Each day that such violation continues shall be considered a separate offense.
B. Nothing herein shall prevent the village or other appropriate authority from taking such other lawful action as is necessary to prevent or remedy any violation.
SECTION 10-314: AMENDMENTS
This article shall take precedence over conflicting ordinances or parts of ordinances. The Village Board may from time to time amend this article to reflect any and all changes in the National Flood Insurance Program regulations as published in Title 44 of the Code of Federal Regulations and the 1983 Nebraska Floodplain Management Act.

Article 4 – Penal Provisions
section 10-401: VIOLATION; PENALTY
Any person who shall violate or refuse to comply with the enforcement of any of the provisions of this chapter, set forth at full length herein or incorporated by reference, shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined not more than $500.00 for each offense. A new violation shall be deemed to have been committed every 24 hours of such failure to comply.
Section 10-402: ABATEMENT OF NUISANCE
Whenever a nuisance exists as defined in this chapter, the city may proceed by a suit in equity to enjoin and abate the same in the manner provided by law. Whenever, in any action, it is established that a nuisance exists, the court may, together with the fine or penalty imposed, enter an order of abatement as a part of the judgment in the case. (Neb. Rev. Stat. §18-1720, 18-1722)