Planning and Zoning Statute 23-114

Nebraska Statute 23-114 provides that the County Board shall have power to create a planning commission with the powers and duties set forth in this act which shall have the force and effect of law to do the following:

• make
• adopt
• amend
• extend
• implement a county comprehensive development plan
• adopt a zoning resolution

The zoning resolution may regulate and restrict the following after, considering factors relating to soil conservation, water supply conservation, surface water drainage and removal, or other uses in the unincorporated areas of the county.

• location
• height
• bulk
• number of stories and size of building and other structures, including:
  • tents
  • cabins
  • house trailers
  • automobile trailers
  • the percentage of lot areas which may be occupied
  • building setback lines
  • sizes of yards
  • courts and other open spaces
  • the density of population
  • the uses of building
  • the uses of land for agriculture, forestry, recreation, residence, industry, trade

Special districts or zones may be established in those areas subject to seasonal or periodic flooding, and such regulations may be applied as will minimize danger to life and property; Provided, the powers created by this section shall not be exercised within the limits of any incorporated city or village nor within the area over which a city or village has been granted zoning jurisdiction and is exercising such jurisdiction.

At such time as a city or village exercises control over an unincorporated area by the adoption or amendment of a zoning ordinance, its regulations shall supersede those of the county.