Article 1 General Provisions

§12-101      Falls City Code        §12-103



[Editor's Note:  Chapter 12 was passed in its entirety by Ordinance No. 2002-110 on 10/21/2002]

Article 1.  General Provisions

§12-101 GENERAL PROVISIONS; PURPOSE; EXCEPTIONS.  The Subdivision Regulations as herein set forth are intended to provide for harmonious development of the Municipality and its environs; for the integration of new Subdivision streets with other existing planned streets or with other features of the Comprehensive Plan of the Municipality; for adequate open spaces for traffic, recreation, light and air; for the distribution of population and traffic in a manner which will tend to create conditions favorable to health, safety, convenience, or prosperity; to insure conformance of subdivision plans with the capital improvement program of the Municipality and its Planning Area; and, to secure equitable handling of all subdivision plats by providing uniform procedures and standards for observance by subdividers and the Planning Commission for the Governing Body, provided however, any transfer or conveyance of any real estate to the City of Falls City for whatever purpose, the provisions of Chapter 12 as set forth herein shall not be applicable, provided that a licensed surveyor provide a copy of a survey of said parcel of real estate which shall be approved by the City Engineer and said survey is recorded in the Office of the Register of Deeds of Richardson County, Nebraska. (Amended: Ord. #2003-102)

§12-102   GENERAL PROVISIONS; JURISDICTION.  The provisions of these Regulations shall apply to all land located within the legal boundaries of the Municipality, as the same may be amended by subsequent annexation, and shall also include all land lying within one (1) mile of the corporate limits of the Municipality, and not located in any other Municipality.  (Ref.  16-901 RS Neb.)

§12-103   GENERAL PROVISIONS; POWERS.  No plat of a subdivision of land lying within the Planning Area of the Municipality shall be filed or recorded until it shall have been submitted to, and a report and recommendation thereon made, by the Planning Commission to the Governing Body and the Governing Body has approved the final plat.  (Ref.  16-903 RS Neb.)

§12-104   GENERAL PROVISIONS; INTERPRETATION.  In interpreting and applying these regulations, they shall be held to be minimum requirements for the promotion of the public safety, health, convenience, comfort, morals, prosperity and general welfare.

§12-105   GENERAL PROVISIONS; CONFLICT.  No final plat of land within the force and effect of the existing Zoning Chapter shall be approved unless it conforms to the Regulations of this Chapter.  Whenever there is a discrepancy between minimum standards or dimensions noted herein and those contained in the Zoning Chapter, Building Regulations Chapter, or other official regulations or ordinances, the most restrictive shall apply.  (Ref.  19-914 RS Neb.)

§12-106   GENERAL PROVISIONS; AMENDMENTS.  Any regulations or provisions of these Regulations may from time to time be amended, supplemented, changed, modified, or repealed by the Governing Body; Provided, however, that such amendments shall not become effective until after a study and a report by the Commission, and until after a public hearing in relation thereto has been held, public notice of which shall have been published in a newspaper of general circulation at least one (1) time ten (10) days prior to such hearing.  (Ref.  19-904, 19-905 RS Neb.)

§12-107   GENERAL PROVISIONS; MODIFICATIONS.  Where, in the case of particular proposed subdivisions, it can be shown that strict compliance with the requirements of this regulation would result in extraordinary hardship to the subdivider because of unusual topography, or other such non-self-inflicted conditions, or that these conditions would result in inhibiting the achievement of the objectives of these Regulations, the Governing Body, after report by the Commission and review by the City Engineer, may vary, modify, or waive the requirements so that substantial justice may be done and the public interest secured; Provided, however, that:  such variance, modifications, or waiver will not adversely affect the development, the character of which shall be in conformance with recommended platting and development practices in the general area of the proposed subdivision; will not have the effect of nullifying the intent and purpose of the Regulations; and, will not interfere with carrying out the Comprehensive Plan of the Planning Area of the Municipality.  The standards and requirements of these Regulations may be modified by the Governing Body after report by the Commission and review by the City Engineer in the case of a plan or program for a new town, a complete community, a neighborhood, unit, a group housing development, or an urban renewal project involving the resubdividing and rebuilding of blighted or slum areas; Provided, however, that the area within which modifications are granted contains not less than five (5) acres; and provided further, that the placement of structures within the area is shown on the development plan and becomes a part of the recorded plat.

§12-108   GENERAL PROVISIONS; APPROVAL OF MODIFICATIONS.  In granting variances and modifications, the Governing Body may require such conditions as will, in its judgment, secure substantially the objectives of the requirements so varied or modified.  Such variance and waivers may be granted only by the affirmative vote of three-fourths (3/4) of the members of the Governing Body.  (Ref.  19-907 RS Neb.)

§12-109   MUNICIPAL PLANNING; ANNEXATION.  The City Council desiring to annex land under the authority of this section shall first adopt both a resolution stating that the City is considering the annexation of the land and a plan for extending city services to the land.  The resolution shall state: the time, date, and location of the public hearing required below; a description of the boundaries of the land proposed for annexation; and that the plan of the City for extension of city services to the land proposed for annexation is available for inspection during regular business hours in the office of the City Clerk.

The plan adopted by the City Council shall contain sufficient detail to provide a reasonable person with a full and complete understanding of the intentions of the City for extending city services to the land proposed for annexation.  The plan shall: state the estimated cost impact of providing the services to such land, state the method by which the City plans to finance the extension of services to the land and how any services already provided to the land will be maintained. include a timetable for extending services to the land proposed for annexation, and include a map drawn to scale clearly delineating the land proposed for annexation, the current boundaries of the City, the proposed boundaries of the City after annexation, and the general land-use pattern in the land proposed for annexation.

A public hearing on the proposed annexation shall be held within sixty (60) days following the adoption of the resolution to allow the City Council to receive testimony from interested persons.  The City Council may recess the hearing, for good cause, to time and date specified at the hearing.

A copy of the resolution providing for the public hearing shall be published in the official newspaper in the City at least once not less than ten (10) days preceding the date of the public hearing.  A map drawn to scale delineating the land proposed for annexation shall be published with the resolution.  A copy of the resolution providing for the public hearing shall be sent by first-class mail following its passage to the school board of any school district in the land proposed for annexation.  (Ord.  No.  89-129, 1/2/90)