Article 1 General Provisions1
§11-101 Falls City Code §11-103
[Editors Note: Chapter 11 was passed in its entirety by Ordinance No. 2002-108 on 10/21/2002]
§11-101 GENERAL PROVISIONS; PURPOSE. The regulations for the zoning districts as set forth in this Chapter are made in accordance with a Comprehensive Plan for the purpose of setting minimum standards to promote the public health, safety, morals, convenience, order, prosperity, and general welfare of the community. They are designed to lessen congestion in the streets; to secure safety from fire, panic, and other dangers; to provide adequate light and air; to prevent the overcrowding of land; to avoid undue concentration of population; and to facilitate the adequate provision of transportation, water, sewerage, schools, parks, and other public requirements. They are made with responsible consideration, among other things, as to the character of each district and its peculiar suitability for particular uses and with a view of conserving the value of buildings and encouraging the most appropriate use of land throughout the Municipality. (Ref. 19-901 RS Neb.)
§11-102 GENERAL PROVISIONS; JURISDICTION. The provisions of this Chapter shall apply within the corporate limits of the Municipality and within the territory beyond said corporate limits as now or hereafter fixed, for a distance of one (1) mile in all directions. (Ref. 17-1001 RS Neb.)
§11-103 GENERAL PROVISIONS; NONCONFORMING USE. After adoption of these regulations, land or structures or the uses of land or structures that would be prohibited under the regulations for the district in which they are located, but are otherwise lawful, shall be considered as nonconforming. It is the intent of this Chapter to permit these nonconforming uses to continue provided they conform to the following provisions:
1. No existing structure devoted to a use not permitted by this Chapter in the district in which it is located shall be enlarged, extended, constructed, reconstructed, moved or structurally altered except in changing the use of the structure to a use permitted in the district in which it is located.
2. No existing structure devoted to a use not permitted by this Chapter in the district in which it is located shall be enlarged, extended, constructed, reconstructed, moved or structurally altered except for minor maintenance and additions not to exceed 5% of the total existing floor area without 2/3 approval of the Governing Body.
3. If no structural alterations are made, any nonconforming use of a structure, or structure and premise, may be changed to another nonconforming use; Provided, that the Board of Adjustment, either by general rule, or by making findings in the specific case, finds that the proposed use is equally appropriate or more appropriate to the district than the existing nonconforming use. In permitting such change, the Board of Adjustment may require appropriate conditions and safeguards in accord with the provisions herein.
4. When a nonconforming use of a structure, or structure and premise in combination, is, in fact, discontinued or abandoned for six (6) consecutive months or for eighteen (18) months during any three (3) year period, the structure, or structure and premise in combination, shall not thereafter be used except in conformance with the regulations of the district in which it is located.
5. No structure, or structure and premise in combination, which is used for a nonconforming use and which has been damaged to the extent of more than fifty percent (50%) of its fair market value immediately prior to damage, shall be rebuilt, altered, or repaired, except in conformity with the district regulations.
6. Any use which has become nonconforming by reason of restrictions on area, lot coverage, height, yards, or other characteristics of the structure or its location on the lot, may be continued so long as it remains otherwise lawful, subject to the provisions of this section.
(Ref. 19-904.01 RS Neb.)
