State Codes and Statutes
Statutes > Nebraska > Chapter90 > 90-30390-303. Nebraska State Capitol Environs District;maximum height restrictions; enforcement; exemptions; city of Lincoln; powersand duties.(1) The maximum height of any buildings and structuresbuilt after March 8, 1977, shall be restricted as follows:(a) The maximum height of buildings and structures shall be forty-fivefeet or National Geodetic Survey elevation 1235.0 feet, whichever is lower,within an area bounded on the west by Seventeenth Street, on the north byK Street, on the east by a boundary formed by a line extending in a true southdirection as an extension of the east property line of Twenty-fourth Street,and on the south by a boundary formed by a line extending directly in a trueeast direction to the east property line of Twenty-fourth Street from thecenterpoint of the intersection of Seventeenth and H Streets, all streetsin the city of Lincoln, Lancaster County, Nebraska;(b) The maximum height of buildings and structures shall be forty-fivefeet or National Geodetic Survey elevation 1235.0 feet, whichever is lower,within an area bounded on the west by Fourteenth Street, on the north by GStreet, on the east by Sixteenth Street, and on the south by Washington Street,all streets in the city of Lincoln, Lancaster County, Nebraska;(c) The maximum height of the buildings and structures shall be fifty-sevenfeet or National Geodetic Survey elevation 1247.0 feet, whichever is lower,within an area bounded on the west by Thirteenth Street, on the north by LStreet, on the east by Seventeenth Street, and on the south by G Street, allstreets in the city of Lincoln, Lancaster County, Nebraska;(d) The maximum height of the buildings and structures shall be fifty-sevenfeet or National Geodetic Survey elevation 1247.0 feet, whichever is lower,within an area bounded on the west by Fourteenth Street, on the north by SStreet, on the east by Sixteenth Street, and on the south by L Street, allstreets in the city of Lincoln, Lancaster County, Nebraska; and(e) The maximum height of the buildings and structures shall be fifty-sevenfeet or National Geodetic Survey elevation 1247.0 feet, whichever is lower,within an area bounded on the west by Fifth Street, on the northby K Street, on the east by Thirteenth Street, and on the south by H Street,all streets in the city of Lincoln, Lancaster County, Nebraska.(2) For the purposes of the Nebraska State Capitol Environs Act, theareas and the full width of the right-of-way boundary streets described insubsections (1) and (3) of this section shall together constitute and be definedas the Nebraska State Capitol Environs District.(3) Design approval shall be required for all aboveground utility, construction,and landscape improvements in the public right-of-way bounded on the northand south by the property lines of J Street, on the west by a boundary formedby a line extending in a true south direction as an extension of the eastproperty line of Twenty-fourth Street, and on the east by a line extendingin a true north direction as an extension of the east property line of Thirty-fifthStreet.(4) The city of Lincoln shall insure, through its inspection and permitprocedures, that the maximum height restrictions and design review processprescribed by this section for the Nebraska State Capitol Environs Districtare enforced.(5) The height restrictions and design review process required by thissection shall apply, within the Nebraska State Capitol Environs District,to all real estate in private or quasi-public ownership and to real estateowned by the State of Nebraska and local governmental units of all types.(6) The following appurtenances shall be exempt from the height restrictionsrequired by this section, but such appurtenances shall not exceed twenty feetin height above the maximum height permitted in subsection (1) of this sectionand shall be set back a minimum of fifteen feet from all faces of a buildingwhen such faces are adjacent to a street: Church spires, cooling towers withapproved screening, elevator bulkheads, fire towers, monuments, stage towersor scenery lofts, ornamental towers, and spires.(7) Nothing in the act shall be construed as limiting the authorityof the city of Lincoln to impose lower height restrictions than those maximumheight limits established by subsection (1) of this section or in establishinglower height restrictions for appurtenances than those required by subsection(6) of this section.(8) The city of Lincoln shall review and approve or disapprove plansand proposals for demolition, exterior alteration, and construction of structuresand other improvements in the Nebraska State Capitol Environs District. Thecity of Lincoln shall adopt regulations within its zoning code vesting responsibilityfor review, approval, and disapproval of projects with the Nebraska StateCapitol Environs Commission established by the city of Lincoln.(9) The regulations of the city of Lincoln for design review in theNebraska State Capitol Environs District shall emphasize the long-term enhancementof the State Capitol's setting and of enjoyment of the State Capitol by thecitizens while respecting the interests of property owners, including economicinterests and the desirability of predictable, expeditious review. SourceLaws 1977, LB 172, § 3; Laws 1993, LB 271, § 3; Laws 2002, LB 729, § 13; Laws 2009, LB450, § 1.
