State Codes and Statutes

State Codes and Statutes

Statutes > Nebraska > Chapter19 > 19-903

19-903. Comprehensive development plan; requirements;regulations and restrictions made in accordance with plan; considerations.The regulations and restrictions authorized by sections 19-901 to 19-915shall be in accordance with a comprehensive development plan which shall consistof both graphic and textual material and shall be designed to accommodateanticipated long-range future growth which shall be based upon documentedpopulation and economic projections. The comprehensive development plan shall,among other possible elements, include:(1) A land-use element which designates the proposed general distributions,general location, and extent of the uses of land for agriculture, housing,commerce, industry, recreation, education, public buildings and lands, andother categories of public and private use of land;(2) The general location, character, and extent of existing and proposedmajor roads, streets, and highways, and air and other transportation routesand facilities;(3) The general location, type, capacity, and area served of presentand projected or needed community facilities including recreation facilities,schools, libraries, other public buildings, and public utilities and services;(4) When a new comprehensiveplan or a full update to an existing comprehensive plan is developed on orafter July 15, 2010, but not later than January 1, 2015, an energy elementwhich: Assesses energy infrastructure and energy use by sector, includingresidential, commercial, and industrial sectors; evaluates utilization ofrenewable energy sources; and promotes energy conservation measures that benefitthe community. This subdivision shall not apply to villages; and(5)(a) When next amended afterJanuary 1, 1995, an identification of sanitary and improvement districts,subdivisions, industrial tracts, commercial tracts, and other discrete developedareas which are or in the future may be appropriate subjects for annexationand (b) a general review of the standards and qualifications that should bemet to enable the municipality to undertake annexation of such areas. Failureof the plan to identify subjects for annexation or to set out standards orqualifications for annexation shall not serve as the basis for any challengeto the validity of an annexation ordinance.Regulations shall be designed to lessen congestion in the streets; tosecure safety from fire, panic, and other dangers; to promote health and thegeneral welfare; to provide adequate light and air; to prevent the overcrowdingof land; to secure safety from flood; to avoid undue concentration of population;to facilitate the adequate provision of transportation, water, sewerage, schools,parks and other public requirements; to protect property against blight anddepreciation; to protect the tax base; to secure economy in governmental expenditures;and to preserve, protect, and enhance historic buildings, places, and districts.Such regulations shall be made with reasonable consideration, amongother things, for the character of the district and its peculiar suitabilityfor particular uses and with a view to conserving the value of buildings andencouraging the most appropriate use of land throughout such municipality. SourceLaws 1927, c. 43, § 3, p. 183; C.S.1929, § 19-903; R.S.1943, § 19-903; Laws 1967, c. 430, § 2, p. 1318; Laws 1967, c. 92, § 2, p. 283; Laws 1975, LB 410, § 12; Laws 1994, LB 630, § 4; Laws 2010, LB997, § 3.Effective Date: July 15, 2010AnnotationsAdoption, amendment, supplement, or change of regulations and restrictions under comprehensive development plan shall not become effective until after a public hearing of which notice has been given. Stec v. Countryside of Hastings, Inc., 190 Neb. 733, 212 N.W.2d 561 (1973).Municipal code and ordinance did not constitute a comprehensive plan contemplated by this section. City of Milford v. Schmidt, 175 Neb. 12, 120 N.W.2d 262 (1963).Zoning regulations must be made in accordance with comprehensive plan. Weber v. City of Grand Island, 165 Neb. 827, 87 N.W.2d 575 (1958).