Auburn City Zoning Code
ESTABLISHMENT OF
DISTRICTS
§ 152.015 DISTRICT ESTABLISHMENT; OFFICIAL ZONING MAP.
(A) (1) The city and the area within its zoning jurisdiction thereof shall be divided into zones, or districts, as shown on the Official Zoning Map, which is hereby adopted by reference and declared to be a part of this chapter.
(2) There shall be a map for the area located within the corporate limits of the city and the extraterritorial area adjacent and beyond the corporate limits of the city, showing the zones or districts into which the areas are divided or zoned.
(B) The Official Zoning Map for the area within the corporate limits of the city and the extraterritorial area adjacent and up to one mile beyond the corporate limits of the city shall be identified by the signature of the Mayor of the city attested by the City Clerk, and bear the seal of the city under the following words, together with the date of the adoption of this chapter:
“This is to certify that this is the Official Zoning Map of the area within the corporate limits of the City of Auburn, Nebraska and the extraterritorial area adjacent and up to one mile beyond the corporate limits of the City of Auburn, Nebraska, referred to in § 11-101 of Ord. 2-95 of the City of Auburn, Nebraska”;
(C) If, in accordance with the provisions of this chapter and Neb. RS Chapter 19, changes are made in district boundaries or other matter portrayed on the Official Zoning Map, the changes shall be entered on the Official Zoning Map promptly after the amendment has been approved by the City Council.
(D) The official zoning map shall be signed by the Mayor and attested by the City Clerk. No amendment to this chapter which involves matter portrayed on the Official Zoning Map shall become effective until the change and entry has been made on the maps.
(E) (1) No changes of any nature shall be made in the Official Zoning Map or matter shown thereon, except in conformity with the procedures set forth in this chapter.
(2) Any unauthorized change of whatever kind by any person or persons shall be considered a violation of this chapter and punishable as provided under § 152.018.
(F) Regardless of the existence of purported copies of the Official Zoning Map which may from time to time be made or published, the Official Zoning Map which shall be located in the office of the City Clerk shall be the final authority as to the current zoning status of land and water areas, buildings and other structures in the city and in the extraterritorial areas adjacent to and beyond the corporate limits.
(Prior Code, § 11-101)
§ 152.016 CITY PLANNING; DESIGNATION OF EXTRATERRITORIAL JURISDICTION.
(A) The territory located within one mile of the corporate limits of the city is hereby designated as the city’s extraterritorial jurisdiction for the purpose of exercising the powers and duties granted by Neb. RS 17-1002 and 17-1003 with respect to subdivisions and platting and Neb. RS 19-2402 with respect to extension of water or sanitary sewer service.
(B) The boundaries of the territory so designated shall be as shown on the official zoning map, a copy of which is on file and available for public inspection in the office of the City Clerk.
(Prior Code, § 11-101.01) (Ord. 7-02, passed 7-8-2002)
Statutory reference:
Related provisions, see Neb. RS 17-1002
§ 152.017 REPLACEMENT OF OFFICIAL ZONING MAP.
(A) In the event that the Official Zoning Map becomes damaged, destroyed, lost or difficult to interpret because of the nature or number of changes and additions, the City Council may, by resolution, adopt a new Official Zoning Map which shall supersede the prior Official Zoning Map. The new Official Zoning Map may correct drafting or other errors or omissions in the prior Official Zoning Map, but no correction shall have the effect of amending the original Official Zoning Map and shall be identified by the signature of the Mayor, attested by the City Clerk, and bear the seal of the city under the following words:
‘This is to certify that this Official Zoning Map supersedes and replaces the Official Zoning Map adopted, as part of Ordinance No. of the City of Auburn, Nebraska.”
(B) Unless the prior Official Zoning Map has been lost or has been totally destroyed, the prior map, or any significant part thereof remaining, shall be preserved, together with all available records pertaining to its adoption or amendment.
(Prior Code, § 11-102)
§ 152.018 INTERPRETATION OF DISTRICT BOUNDARIES.
Where uncertainty exists as to the boundaries of districts as shown on the Official Zoning Map, the following rules shall apply.
(A) Boundaries indicated as approximately following the center lines of streets, highways or alleys shall be construed to follow the center lines.
(B) Boundaries indicated as approximately following platted lot lines shall be construed as following the lot lines.
(C) Boundaries indicated as approximately following city limits shall be construed as following the city limits.
(D) Boundaries indicated as following railroad lines shall be construed to be midway between the main tracks.
(E) Boundaries indicated as following shore lines shall be construed to follow the shore lines, and in the event of change in the shore line, shall be construed as moving with the actual shore line; boundaries indicated as approximately following the center lines of streams, rivers, canals, lakes or other bodies of water shall be construed to follow the center lines.
(F) Boundaries indicated as parallel to or extensions of features indicated in divisions (A) through (E) above shall be so construed. Distances not specifically indicated on the Official Zoning Map shall be determined by the scale of the map.
(G) Where physical or cultural features existing on the ground are at variance with those shown on the Official Zoning Map, or in other circumstances not covered by divisions (A) through (F) above, the Board of Zoning Adjustment shall interpret the district boundaries.
(H) Where a district boundary line divides a lot which was in single ownership at the time of passage of this chapter, the Board of Zoning Adjustment may permit, as a special exception, the extension of the regulations for either portion of the lot not to exceed 50 feet beyond the district line into the remaining portion of the lot.
(Prior Code, § 11-103)
§ 152.019 APPLICATION OF DISTRICT REGULATIONS.
The regulations set by this chapter within each district shall be minimum regulations and shall apply uniformly to each class or kind of structure or land, and particularly, except as hereinafter provided.
(A) No building, structure or land shall hereafter be used or occupied, and no building or structure or part thereof shall hereafter be erected, constructed, reconstructed, moved or structurally altered, except in conformity with all of the regulations herein specified for the district in which it is located.
(B) No building or other structure shall hereafter be erected or altered:
(1) To exceed the height or bulk;
(2) To accommodate or house a greater number of families;
(3) To occupy a greater percentage of lot area;
(4) To have narrower or smaller rear yards, front yards or side yards or other open spaces;
(5) To exceed the maximum number of dwelling units per lot area; and/or
(6) To provide fewer than the required number of off-street parking and off-street loading spaces, than herein required; or in any other manner contrary to the provisions of this chapter.
(C) No part of a yard, or other open space or off-street parking or loading space required about or in connection with any building for the purpose of complying with this chapter, shall be included as a part of a yard, open space or off-street parking or loading space similarly required for any other building.
(D) No yard or lot existing at the time of passage of this chapter shall be reduced in dimension or area below the minimum requirements set forth herein. Yards or lots created after the effective date of this chapter shall meet at least the minimum requirements established by this chapter.
(E) All land annexed to the city shall retain the same zoning classification as established in the unincorporated area.
(F) Within 180 days of the annexation of land to the city, zoning shall be established for that land incorporated into the one-mile extraterritorial jurisdiction. Zoning shall be established for the land by the same statutory procedure required for the amendment of the zoning regulations.
(G) Where applicable, county, state or federal standards are more restrictive than those contained herein, the more restrictive standards shall apply.
(H) The following structures and uses shall be exempt from the provisions of these regulations:
(1) Poles, wires, cables, conduits, vaults, laterals, pipes, mains, valves or other similar equipment for the distribution to consumers of telephone or other communications, electricity, gas, or water, or the collection of sewage or surface water operated or maintained by a public utility, but not including substations located on or above the surface of the ground;
(2) Railroad track, signals, bridges and similar facilities and equipment located on a railroad right-of-way and maintenance and repair work on the facilities and equipment; and
(3) Public signs.
(Prior Code, § 11-104)