The provisions of this chapter shall be enforced by the city zoning inspector. Appeal from the decision of the city zoning inspector may be made to the board of adjustment as provided in this chapter.

(Code 1982, § 15-211.02)

In interpreting and applying the provisions of this chapter, such provisions shall be held to be minimum requirements for the promotion of the public safety, health, convenience, comfort, morals, prosperity, and general welfare. It is not the intent of this chapter to interfere with or abrogate or annul any ordinance, rules, regulations, or permits previously adopted or issued, and not in conflict with any of the provisions of this chapter, or which shall be adopted or issued, pursuant to law relating to the use of buildings or premises and likewise not in conflict with this chapter; nor is it intended by this chapter to interfere with or abrogate or annul any easements, covenants, or other agreements between parties; provided, however, that where this chapter imposes a greater restriction upon the use of buildings or requires larger open spaces or larger lot areas than are imposed or required by such other resolutions or agreements, the provisions of this chapter shall control.

(Code 1982, § 15-213.01)

There is hereby established the office of city zoning inspector. For the purpose of this chapter, the executive secretary of the planning commission is hereby designated as such zoning inspector or the planning commission may, in its discretion, designate an inspector other than the executive secretary.

(Code 1982, § 15-211.01)

(a)

City council shall submit proposals to planning commission. The city council may, from time to time, amend the number, shape, boundary or area of any district or any regulations of or within such district or any other provisions of this zoning chapter, but no such amendments shall be made or become effective until the amendments shall have been proposed by or first be submitted for approval, disapproval, or suggestions to the planning commission.

(b)

Thirty-day limit on planning commission's response. Any proposal, approval, disapproval or suggestion of the planning commission shall have an advisory effect only and not be binding upon the city council, unless the planning commission shall have transmitted its report upon the proposed amendment within 30 days after the submission thereof to it. The city council shall be free to act on the amendment in accordance with the procedure described in this section and as set forth in R.R.S. 1943, § 19-901 et seq., without further awaiting the receipt of the report of the planning commission.

(c)

Protests by owners. In case of a protest against such change, signed by the owners of 20 percent or more either of the area of the lots included in such proposed change or of those immediately adjacent on the sides and in the rear thereof extending 300 feet from the street frontage of such opposite lots, such amendment shall not become effective except by the favorable vote of three-fourths of all the members of the city council.

(d)

Change of district or consideration of amendment; procedure. In order to have a proposed change of district or amendment introduced and considered by the planning commission, persons requesting the change or amendment shall comply with the following:

(1)

At the time an application for the change of a zoning district or amendments to the zoning text is filed with the planning commission there shall be deposited the sum of $50.00 as a fee to cover investigation, legal notices, and other expenses incidental to the determination of such matter.

(2)

An application for a change of district to a commercial district shall contain a minimum area equivalent to one city block area and, should more than one parcel of land be involved, shall be contiguous exclusive of any streets or easements.

(3)

An application for a change of district to an industrial district shall contain a minimum area equivalent to one city block. The area, should more than one parcel of land be involved, shall be contiguous exclusive of any streets or easements.

(4)

The requirements in subsections (d)(2) and (d)(3) of this section will not apply in the case of an extension of a commercial or industrial district.

(5)

A person presenting an application for a change of district shall not be entitled to have such change considered and acted upon by the city council unless and until the planning commission has certified that such change is not inconsistent with the principles of the future land use plan of the city.

(6)

The foregoing requirements shall not limit the introduction of amendments on their own initiative by the city council.

(Code 1982, §§ 15-214.01, 15-214.02, 15-214.04, 15-214.05; Ord. No. 969, § 2, 6-22-93; Ord. No. 996, § 1, 10-17-94)

(a)

Jurisdiction. The zoning jurisdiction of the city includes the area within the corporate limits of the city and an area not to exceed one mile from the corporate limits, as authorized by R.R.S. 1943, § 17-114. This chapter includes a map designated as the zoning map of Minden, Nebraska. This zoning map and all notations, references and other information shown on it are part of this chapter and have the same effect as if fully set forth in this chapter; provided, however, the zoning jurisdiction of the city is expanded from the limits shown on the map so as to include all of the area described as lying within the boundaries described as follows:

Commencing at the northwest corner of the southwest quarter (SW¼) of section 31, township 7 north, range 14, and including all of the southwest quarter (SW¼) and the south half of the southeast quarter (S½ SE¼) of section 31, all of the west half of the northwest quarter (W½ NW¼) and southwest quarter (SW¼) of section 5 in township 6 north, range 14, west of the 6th p.m., and the west half (W½) of section 8, the north half of the northwest quarter (N½ NW¼) and the southwest quarter of the northwest quarter (SW¼ NW¼) and the northwest quarter of the southwest quarter (NW¼ SW¼) of section 17, the southeast quarter (SE¼) of section 18, the northwest quarter of the northeast quarter (NW¼ NE¼) and the northwest quarter (NW¼) of section 19, all in township 6 north, range 14, and the northeast quarter (NE¼) and the northwest quarter (NW¼) and the north half of the southeast quarter (N½ SE¼) of section 24, the east half of the southeast quarter (E½ SE¼) and the northeast quarter (NE¼) of section 14, the southeast quarter and the east half of the northeast quarter (E½ NE¼) of section 11, the southwest quarter (SW¼) and the east half of the northwest quarter (E½ NW¼) of section 1, all in township 6 north, range 15, west of the 6th p.m. and the south half of the southeast quarter (S½ SE¼) of section 36, in township 7 north, range 15, west of the 6th p.m.

Commencing at the SW corner of said section 18; thence S 89° 49'46" E on the south line of said SW ¼ 75.00 feet to a point on the east line of Highway #10 right-of-way, said point also being the southwest corner of a tract of land quitclaimed to Kearney County in deed book 129, Page 275, Kearney County Register of Deeds; thence N 00° 34'26" W on the west line of said Kearney County tract on said east right-of-way line 577.50 feet to the northwest corner of said Kearney County tract and the point of beginning; thence leaving said west line and continuing on said east right-of-way line and on the aforesaid bearing, 823.75 feet to the southwest corner of a 364' x 50' tract of land described in deed book 104, Page 192, Kearney County Register of Deeds, thence leaving said right-of-way line N 89° 59'31" E on the south line of said 364' x 50' tract 362.11 feet to the southeast corner of the aforesaid tract; thence S 00° 30'11" E 824.86 feet to a point on the north line of said Kearney County tract; thence N 89° 49'46" W on said north line 361.10 feet to the point of beginning, be and is hereby rezoned from Agricultural District (A) to Industrial District, (D).

A tract of land being part of the Southwest Quarter of the Southwest Quarter (SW¼ SW¼) of Section Eighteen (18), Township Six (6) North, Range Fourteen (14) West of the Sixth Principal Meridian, Kearney County, Nebraska, more particularly described as follows: Referring to the Southwest Corner of Section 18; thence Easterly on the South line of the Southwest Quarter of Section 18 a distance of 75.00 feet to a point on the East right-of-way line of Nebraska State Highway No. 10, said point also being the Southwest Corner of a tract of land as described on QuitClaim Deed filed in Book 129 of Microfilm on Page 275, recorded May 11, 1993 in the Kearney County Register of Deeds Office; thence continuing Easterly on the South line of the Southwest Quarter of said Section 18 and the South line of said tract of land described on QuitClaim Deed filed in Book 129 of Microfilm on Page 275, recorded May 11, 1993 in the Kearney County Register of Deeds Office a distance of 544.50 feet to THE ACTUAL PLACE OF BEGINNING, said point also being the Southeast Corner of said tract of land described on QuitClaim Deed filed in Book 129 of Microfilm on Page 275, recorded May 11, 1993 in the Kearney County Register of Deeds Office; thence continuing Easterly on the South line of the Southwest Quarter of said Section 18 a distance of 248.91 feet; thence Northerly parallel with the East line of said tract of land as described on QuitClaim Deed filed in Book 129 of Microfilm on Page 275, recorded May 11, 1993 in the Kearney County Register of Deeds Office a distance of 350.00 feet; thence Westerly parallel with the South line of said Southwest Quarter a distance of 248.91 feet to a point on the East line of said tract of land as described on QuitClaim Deed filed in Book 129 of Microfilm on Page 275, recorded May 11, 1993 in the Kearney County Register of Deeds Office; thence Southerly on the East line of said tract of land as described on QuitClaim Deed filed in Book 129 of Microfilm on Page 275, recorded May 11, 1993 in the Kearney County Register of Deeds Office a distance of 350.00 feet to the place of beginning. Containing 2.00 acres, more or less, of which 0.19 acres, more or less, are presently being used for road purposes on the South side, be and is hereby rezoned from Agricultural District (A) to Industrial District (D).

Lots 1, 2, 3, and 4, Block 1, Minden West Estates Addition to the City of Minden, Kearney County, Nebraska; be and is hereby rezoned from Outlying Commercial District (C2) to Industrial District (D).

All of the territory lying between the zoning limits shown on the original map and the boundaries described in this section is hereby classified as being within the agricultural zone of the city, and the map is hereby amended to show the expanded zoning jurisdiction of the city and the fact that the expanded area is zoned as part of the agricultural zone of the city.

A tract of land located in the SW 1/4 of Section Six (6), Township Six (6) North, Range Fourteen (14) West of the 6th P.M., Kearney County, Nebraska, described as follows:

Commencing at the W ¼ Corner of Section Six (6), Township Six (6) North, Range Fourteen (14) West of the 6th P.M., Kearney County, Nebraska: thence S00º41'49"E on the West Line of the SW ¼ of said Section 6,556.82'; thence N89º18'11"E 33.00' to the Point of Beginning, said point being on the East Line of Highway No. 10; thence N89º32'21" E 222.14'; thence SO0º41'49" E 293.51'; thence S88º27'09" W 17.00'; thence S01º24'32" W 225.00'; thence N87º53'24" W 197.11' to appoint on said East line, said point being 33.00' East of the West Line of said SW 1/4; thence NO0º41'49"W, on said East Line of Highway No. 10,509.86' to the Point of Beginning, containing 2.52 acres more or less.

Be and is hereby rezoned from Agricultural District to Outlying Commercial District.

(b)

On file. This chapter, together with the zoning map which is part of it, is on file in the office of the chief clerk of the county, and a certified copy is on file in the office of the city clerk.

(Code 1982, §§ 15-201.01, 15-201.02; Ord. No. 1064, § 1, 3-6-00; Ord. No. 1116, § 1, 9-7-04; Ord. No. 1135, § 1, 9-4-07; Ord. No. 1140, § 1, 11-19-07; Ord. No. 1147, § 1, 2-2-09)

The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Accessory building, structure or use means a structure, use, or activity on the same lot with, and of a nature customarily incidental and subordinate to, the principal use of the structure.

Block means a tract or parcel of land legally dimensioned and described, duly recorded in the office of the register of deeds, bounded by public streets, streams, railroads, unplatted lands or a combination thereof.

Building means anything 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" includes the word "structure."

Building, height of means 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 the 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 means a portion of a building located partly or wholly underground and having one-half or more of its floor-to-ceiling height below the average grade of the adjoining ground.

Commission means the planning commission of the city.

Dwelling means any building or portion thereof designed and used exclusively for residential purposes.

Dwelling, multiple means a dwelling containing more than two dwelling units.

Dwelling unit means a room or group of rooms within a dwelling and forming a single habitable unit with facilities for living, sleeping and cooking.

Family means one or more persons occupying a premises and living as a single housekeeping unit, as distinguished from a group occupying a boardinghouse or lodginghouse or hotel.

Feedlot means any fenced-in pen or enclosure in which more than five head of cattle, hogs or 50 head of turkeys or other domestic fowls are kept for more than ten hours, in which such animals or fowls are fed and watered.

Floor area means 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.

Frontage means all the property abutting upon one side of street between the intersecting streets measured along the right-of-way line.

Garage, private means a building used only for the housing of motor vehicles without their equipage for operation, repair, hire or sale.

Garage, public means a garage other than a private garage.

Home occupation or profession means any use customarily conducted entirely within a dwelling clearly incidental and secondary to the use of the dwelling for dwelling purposes and which does not change the character thereof and in connection with which there is no display nor outside storage of equipment.

Lot means a parcel of land occupied or intended for occupancy by a use permitted in this chapter, including one main building together with its accessory building, open spaces, and parking spaces required by this chapter, and having its principal frontage upon a street.

Lot of record means a lot or parcel of land, the deed to which has been recorded in the office of the county recorder prior to the adoption of the ordinance from which this chapter is derived.

Manufactured home shall mean:

(1)

A factory-built structure which is to be used as a place for human habitation, which is not constructed or equipped with a permanent hitch or other device allowing it to be moved other than to a permanent site, which does not have permanently attached to its body or frame any wheels or axles, and which bears a label certifying that it was built in compliance with National Manufactured Home Construction and Safety Standards, 24 C.F.R. 3280 et seq., promulgated by the United States Department of Housing and Urban Development; or

(2)

A modular housing unit as defined in R.R.S. 1943 § 71-1557 bearing the seal of the department of health.

Nonconforming use means any building or land lawfully occupied by a use at the time of passage of this chapter which does not conform with the use regulations of the district within which it is located.

Parking space means a surfaced area, enclosed or unenclosed, sufficient in size to store one automobile not less than nine 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 means any room or space for the congregation or seating of 100 or more persons.

Recreational vehicle means any vehicle used or so constructed as to permit its use as a conveyance upon the public streets or highways, which shall include self-propelled and nonself-propelled vehicles, and so designed and constructed in such a manner as will permit the seasonal occupancy thereof as a dwelling unit and having no permanent foundation.

Recreational vehicle camp means any lot or parcel used for one or more coaches, house or camp cars or other portable or mobile shelters use for living purposes.

Right-of-way line means the dedicated boundary line of a street.

Special use exception means a use not in specific conformity with the provisions of this chapter, which may be allowed by the board of adjustment after public hearing. Such request shall be made on an application provided by the city. The cost of the application shall be $25.00.

Story means that portion of a building other than a basement, included between the surface of any floor and the surface of the floor next above it or, if there is no floor above it, the space between the floor and the ceiling next above it.

Street means any public or private way set aside as a permanent right-of-way for street purposes.

Structural alteration means any change in structural members of a building, such as a wall, columns, beams or girders.

Structure means anything constructed or erected, the use of which requires permanent location on the ground.

Undersized lot means any lot with a total area less than 7,920 square feet.

Use, secondary means a use subordinate to a primary or principal use and which may not occupy more than 45 percent of the street floor (ground) level of a structure on the lot area devoted to the primary use.

Variance means a legal modification or variation of the provisions of this chapter as applied to a specific piece of property.

Yard means 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 means a yard extending across the front of a lot between the side lot lines and measured between the right-of-way line and the main buildings or any projection thereof other than the projection of the usual steps, terraces, unenclosed porches or entrance ways.

Yard, rear means 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 projections other than steps, unenclosed porches or entranceways.

Yard, side means a yard between the main building and the side line of the lot line.

(Code 1982, §§ 15-202, 15-202.01—15-202.37; Ord. No. 1000, § 2, 2-20-95; Ord. No. 1291, § 1, 6-17-24)

Cross reference— Definitions generally, § 1-2.

Any person who shall violate any of the provisions of chapter 94 of this Code shall be guilty of a misdemeanor and may be punished for said violation by a fine not to exceed $100.00 for any one offense, recoverable with costs, or by imprisonment in the county jail for a term not to exceed 30 days or by both such fine and imprisonment. Each day such violation continues after notice of violation is given to the offender will be considered a separate offense.

(Ord. No. 1123, § 1, 2-7-06)