Exeter Village Ordinances: Municipal Planning

CHAPTER 9 – MUNICIPAL PLANNING
ARTICLE 1 – VILLAGE LIMITS
SECTION 9-101: DEFINED
SECTION 9-102: ORIGINAL PLATS
ARTICLE 2 – ADDITIONS AND PLATS
SECTION 9-201: NEW ADDITIONS
SECTION 9-202: STREETS AND ALLEYS
SECTION 9-203: SURVEY AND PLAT
SECTION 9-204: SURVEYOR'S CERTIFICATE
SECTION 9-205: DEDICATION
SECTION 9-206: APPROVAL OF PLAT
SECTION 9-207: RECORDING PLAT
SECTION 9-208: ADDITIONS
ARTICLE 3 – ZONING AND SUBDIVISION REGULATIONS
SECTION 9-301: ZONING REGULATIONS; ADOPTED BY REFERENCE
SECTION 9-302: SUBDIVISION REGULATIONS; ADOPTED BY REFERENCE
SECTION 9-303: ZONING REGULATIONS; MANUFACTURED HOMES; STANDARDS
ARTICLE 4 – PENAL PROVISIONS
SECTION 9-401: VIOLATION; PENALTY
CHAPTER 9 – MUNICIPAL PLANNING
Article 1 – Village Limits
SECTION 9-101: DEFINED
All additions, lots, lands, subdivisions, and parcels of ground included within the official village map and plat on file at the office of the county register of deeds, having been by act or ordinance of the Village Board or by law duly annexed to or made a part of this village or having been by the act, authority, acquiescence, consent, platting, and dedication of their respective owners, created either as the original townsite or as additions to the village, are hereby declared to be within the corporate limits of the village. Lawful-y constituted additions or changes in said village limits shall be indicated upon said map and plat by the village engineer after such addition or change has been completed in accordance with the ordinances of this village and the laws of the State of Nebraska.
SECTION 9-102: ORIGINAL PLATS
Each and all plats, lots, blocks, additions, subdivisions, outlots, and parcels of ground included within the corporate limits of the village and not vacated of record prior to the enactment of this chapter, including the original plat of the village, are hereby accepted,
approved, and confirmed as valid; and each and all of said lots, blocks, additions, sub-divisions, and outlots as heretofore platted and recorded in the office of the county register of deeds and not heretofore vacated and all other parcels of ground included within said corporate limits are hereby declared to be within said village and an integral part thereof.
Article 2 – Additions and Plats
SECTION 9-201: NEW ADDITIONS
The owner of any tract of land within the corporate limits of the village or within one mile contiguous thereto may lay out said land into lots, blocks, streets, avenues, and alleys as an addition to the village upon conformance to and compliance with the conditions herein. (Neb. Rev. Stat. §§17-405, 17-426, 17-1002)
SECTION 9-202: STREETS AND ALLEYS
Streets and alleys laid out in any addition to the village shall be continuous with and cor-respond in direction and width to the streets and alleys of the village to which they are an addition. (Neb. Rev. Stat. §§17-418, 17-1003)
SECTION 9-203: SURVEY AND PLAT
The owner or proprietor of any tract or parcel of land within the corporate limits desiring to subdivide or lay out said tract of land as an addition to this village shall cause the same to be accurately surveyed and an accurate map or plat thereof made with reference to known or permanent monuments. Said map or plat shall explicitly describe the land so laid out and shall designate the tract as "______________ Addition to the Village of Exeter, Nebraska." The lots and blocks shall be designated by numbers and the streets and avenues by names coinciding with the streets and avenues of the village of which they form continuations. The plat shall show the length and depth of the lots and the width and course of all streets, avenues, and alleys, together with an accurate plat of all lots, blocks, and streets. (Neb. Rev. Stat. §§17-405, 17-1001, 17-1003)
SECTION 9-204: SURVEYOR'S CERTIFICATE
The map or plat shall be accompanied by a certificate from the surveyor making said survey and plat, that he accurately surveyed the said tract and that the lots, blocks, streets, avenues and alleys are accurately shown upon the said map or plat. (Neb. Rev. Stat. §§17-905, 17-1003)
SECTION 9-205: DEDICATION
Said map or plat shall have written thereon or attached thereto a dedication to this village for the use of the public of all streets, avenues, alleys, parks, squares, and commons, and all land set apart for public use or dedicated to charitable, religious, and educational purposes as therein mentioned and described. Such dedication shall be signed by the owner of the tract of land and shall be duly acknowledged as required by law. (Neb. Rev. Stat. §§17-417, 17-1003)
SECTION 9-206: APPROVAL OF PLAT
Before any such map or plat shall have any validity, it must first be submitted to and be approved and accepted by the Village Board or by its designated agent when the subdivision is of existing lots and blocks, where all required public improvements have been installed, no new dedication of public rights of-way or easements are involved, and the subdivision complies with requirements concerning minimum areas and dimensions of such lots and blocks. Where the county has both adopted a Comprehensive Development Plan and is enforcing Subdivision Regulations, and the proposed subdivision plat both contemplates public streets or improvements and lies partially or totally within the extraterritorial subdivision jurisdiction being exercised by the county, then the County Planning Commission shall be given four weeks to officially comment on the appropriateness of the design and improvements proposed in the plat. The review period for the commission shall run concurrently with subdivision review activities of the village after the commission receives all available material for a proposed subdivision plat. The map or plat must have such acceptance and approval endorsed thereon; provided, before any such map or plat shall be considered, approved, or accepted, the owner or proprietor shall pay or cause to be paid all taxes, special taxes, and special assessments due thereon and shall produce a certificate showing that all such taxes and assessments have been paid or cancelled. (Neb. Rev. Stat. §§17-405, 17-1002, 19-902, 19-916) (Am. by Ord. No. 315, 9/6/83)
SECTION 9-207: RECORDING PLAT
If a majority of all members of the Village Board shall vote in favor of such suburban development or annexation, an ordinance shall be prepared and passed by the board, granting such approval or declaring the annexation of such territory to the corporate limits of this village and extending the limits thereof accordingly, whichever is appropriate. An accurate map or plat of such territory and said dedication as hereinbefore described, certified by the engineer or surveyor and acknowledged and approved as provided by law in such cases, shall at once be filed and recorded by the owner or proprietor of such land in the office of the county register of deeds, together with a certified copy of the ordinance granting approval or declaring such annexation, under the seal of said village; provided, plats and subdivisions are not authorized to be recorded if any such plat or subdivision has not been approved by the Village Board or its designated agent. (Neb. Rev. Stat. §§17-405, 17-417, 17-1002, 19-902, 19-916, 23-1506) (Am. by Ord. No. 315, 9/6/83)
SECTION 9-208: ADDITIONS
All additions to this village which have heretofore been approved and accepted or which may hereafter be laid out in accordance with the provisions herein and accepted and approved shall become incorporated in this village for all purposes whatsoever. Inhabitants of such additions shall be entitled to all the rights and privileges and be subject to all the laws and regulations of said village. (Neb. Rev. Stat. §§17-405, 17-405.04, 17-416, 17-417, 17-1002, 19-902)
Article 3 – Zoning and Subdivision Regulations
SECTION 9-301: ZONING REGULATIONS; ADOPTED BY REFERENCE
A. For the purpose of setting minimum standards to promote the public health,
safety, morals, convenience, order, prosperity, and general welfare of the community; 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, sewage, schools, parks, and other public improvements, the Zoning Regulations for the Village of Exeter, presented and prepared by the village, are hereby adopted. The adoption of such zoning regulations shall include any amendments thereto as may be made from time to time. Said Zoning Regulations, as well as such amendments, are hereby incorporated by reference in this section as if set out in full. One copy of the adopted Zoning Regulations shall be maintained by the village clerk at the village office and available for public inspection during regular office hours. (Neb. Rev. Stat. §§18-132, 19-922)
B. The village and certain properties within and up to one mile in all directions of its corporate limits are hereby divided into zones or districts, as shown on the official zoning map which, together with all explanatory material and documentation, is hereby adopted by reference, declared to be part of the Zoning Regulations of the village and further declared to be part of this section. The official Zoning Map shall be identified by the signature of the chairperson, attested to by the village clerk and bearing the seal of the village under the following words:
"This is to certify that this is the official Zoning Map adopted as part of Ordinance No. 575 of the Village of Exeter, Nebraska. This is to certify that this is the official Zoning Map of the area within the corporate limits and planning jurisdiction area adjacent to and one mile beyond the corporate limits of the Village of Exeter."
(Ord No. 330. 2/25/86) (Am. by Ord Nos. 497, 11/9/99; 575, 3/5/13)
SECTION 9-302: SUBDIVISION REGULATIONS; ADOPTED BY REFERENCE
To provide for harmonious development of the village and its environs; for the integration of new subdivision streets and other existing or planned streets or with other features of the Comprehensive Plan; 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 capital improvements programs of the village; and to secure equitable handling of all subdivision plans by providing uniform procedures and standards for observance by subdividers and the Planning Commission and Village Board, the Subdivision Regulations for the Village of Exeter, as prepared by the village and adopted by Ordinance Number 576, August 6, 2013, including any amendments thereto as may be made therein from time to time, are hereby incorporated by reference herein as if set out in full. One copy of the Subdivision Regulations shall be kept on file with the village clerk and available for public inspection during regular office hours. (Neb. Rev. Stat. §§18-132, 19-922) (Ord. No. 404, 4/4/95) (Am. by Ord. Nos. 498, 11/9/99; 576, 8/6/13)
SECTION 9-303: ZONING REGULATIONS; MANUFACTURED HOMES; STANDARDS
A. A manufactured home may be used as a residential structure in any zone in which residential uses are permitted if such manufactured home bears an appropriate seal indicating that it was constructed in accordance with the standards of the Department of Health or the United States Department of Housing and Urban Development.
B. Manufactured homes permitted pursuant to this section shall be located and installed according to the following standards which are applicable to site-built, single-family dwellings:
1. The home shall be located and installed on a permanent perimeter foundation;
2. The home shall be installed with permanent utility connections;
3. The home shall comply with all setback and lot requirements of the residential zone in which it is located;
4. The home shall comply with the minimum square footage requirements of the residential zone in which it is located.
C. Manufactured homes shall also meet the following standards:
1. The home shall have no less than 900 square feet of floor area;
2. The home shall have no less than an 18-foot exterior width;
3. The roof shall be pitched with a minimum vertical rise of 2½" for each 12" of horizontal run;
4. The exterior material shall be of a color, material, and scale comparable with those existing in residential site-built, single-family construction;
5. The home shall have a non-reflective roof material which is or simulates asphalt or wood shingles, tile, or rock; and
6. The home shall have wheels, axles, transporting lights, and removable towing apparatus removed.
D. Nothing in this section shall be deemed to supersede any valid restrictive covenants of record.
E. For purposes of this section, “manufactured home” shall mean (1) a factory-built structure which is to be used as a place for human habitation, which is not constructed or equipped with a permanent hitch or other device allowing it to be moved other than to a permanent site, which does not have permanently attached to its body or frame any wheels or axles, and which bears a label certifying that it was built in compliance with National Manufactured Home Construction and Safety Standards, 24 C.F.R. 3280 et seq. promulgated by the United States Department of Housing and Urban Development, or (2) a modular housing unit as defined in Neb. Rev. Stat. §71-1557, bearing the seal of the Department of Health.
(Neb. Rev. Stat. §19-902) (Ord. No. 416, 7/12/95)
Article 4 – Penal Provisions
SECTION 9-401: VIOLATION; PENALTY
A. Any person who shall violate or refuse to comply with the enforcement of any of the provisions of this chapter, set forth at full length herein or incorporated by reference, shall be deemed guilty of an offense and upon conviction thereof shall be fined not more than $500.00 for each offense. A new violation shall be deemed to have been committed every 24 hours of such failure to comply.
B. Any person, whether as owner, proprietor or as the agent, attorney, or representative of any owner or proprietor of land who shall plat or subdivide any tract of land
within the corporate limits of the village or adjoining and contiguous to the same, except as herein authorized, or who shall sell, transfer, deed or convey, contract or agree to sell, transfer, or offer for sale any lot or piece of ground in any addition or subdivision of three or more parts within said corporate limits or adjoining and contiguous thereto without having first obtained the acceptance and approval of the plat or map thereof by the Village Board and any person who shall violate or who shall fail, neglect, or refuse to comply with any of the provisions hereinbefore as now existing or as hereafter amended shall, upon conviction, be fined in any sum not exceeding $500.00.

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