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Omaha City Zoning Code

ARTICLE I

- BASIC PROVISIONS

Sec. 55-1.- Title of chapter.

Chapter 55 of the Omaha Municipal Code shall be known as the Zoning Ordinance of the City of Omaha.

(Code 1980, § 55-1)

Sec. 55-2. - Jurisdiction of chapter.

The provisions of this chapter shall be applicable to all property within the corporate limits of the city and its three-mile extraterritorial jurisdiction as provided by R.R.S. 1943, § 14-418.

(Code 1980, § 55-2)

Sec. 55-3. - Purpose of chapter.

The purposes of this chapter are to:

(a)

Serve the public health, safety and general welfare of the city and its jurisdiction.

(b)

Classify property in a manner that reflects its suitability for specific uses.

(c)

Promote sound, attractive development within the city and its jurisdiction.

(d)

Encourage compatibility of adjacent land uses.

(e)

Encourage innovative project design in the city's jurisdiction, including developments which incorporate mixed uses.

(f)

Assure adequate provision of urban services, including transportation, water, utilities, sewers, schools, parks and other services.

(g)

Protect environmentally sensitive areas.

(h)

Encourage reinvestment in established urban neighborhoods, while protecting their unique characteristics.

(i)

Promote the construction of affordable housing in the city's jurisdiction.

(j)

Provide for effective signage that is compatible with the surrounding urban environment.

(k)

Further the objectives of the comprehensive plan of the city.

(Code 1980, § 55-3)

Sec. 55-4. - Consistency with comprehensive plan.

It is the intent of the city that this chapter be consistent with the city's comprehensive plan. For the purposes of this chapter, the comprehensive plan and the master plan, pursuant to section 7.04 of the city Charter, shall be considered the same. It is further the intent of the city that all amendments to this chapter shall also be consistent with the comprehensive plan. Should this chapter become inconsistent with the adopted comprehensive plan of the city because of amendments to that plan, it is the intent of the city that this chapter be amended within a reasonable time to bring it into conformance with such plan.

(Code 1980, § 55-4)

Sec. 55-5. - Comprehensive review of chapter by planning board.

The text of this chapter shall be comprehensively reviewed by the planning department every ten years after its effective date. This review shall include, but not be limited to, consistency with the comprehensive plan, and applicability to current land use and development techniques.

The planning department shall forward recommendations for text amendments to this chapter to the planning board for public hearing. Proposed amendments and the recommendations of the planning director and planning board shall be transmitted to the city council for public hearing and final action.

(Code 1980, § 55-5)

Sec. 55-6. - Conflicting provisions.

This chapter shall be held to be the minimum requirements for the promotion of the public health, safety and welfare. If any provision of this chapter conflicts with any other provision of this chapter, any other section of this Code, or any applicable state or federal law, the more restrictive provision shall apply.

(Code 1980, § 55-6)

Sec. 55-7. - Relief from other provisions.

Nothing in these provisions shall relieve any property owner or user from satisfying any condition or requirement associated with a previous approval, special permit, variance, development permit, or other permit issued under any zoning ordinance previously in effect or any other local, state or federal ordinance or statute.

(Code 1980, § 55-7)