Nebraska § 14-419 - Building regulations; land use; within extraterritorial zoning jurisdiction; jurisdiction of city council; powers granted.

§ 14-419. Building regulations; land use; within extraterritorial zoning jurisdiction; jurisdiction of city council; powers granted.

(1) The extraterritorial zoning jurisdiction of a city of the metropolitan class shall consist of the unincorporated area three miles beyond and adjacent to its corporate boundaries.

(2) The city council, in cities of the metropolitan class, shall have the power by ordinance to regulate, within the corporate limits of the city or within the extraterritorial zoning jurisdiction of the city, except as to construction on farms for farm purposes, (a) the minimum standards of construction of buildings, dwellings, and other structures, in order to provide safe and sound condition of such buildings, dwellings, and other structures for the preservation of health, safety, security, and general welfare, and as to electric wiring, heating, plumbing, pipefitting, sewer connections, ventilation, size of habitable rooms, and the method of constructing buildings, and to provide for inspection of such buildings, dwellings, and other structures and building permits, (b) the removal and tearing down of buildings, dwellings, and other structures in such areas which constitute nuisances because of the dilapidated, unsafe, or rundown condition or conditions, and (c) except as to the United States of America, the State of Nebraska, any county of the state, or any other city or village in the state, the nature, kind, and manner of constructing streets, alleys, sidewalks, curbing or abridging curbs, driveway approaches constructed on public rights-of-way, and sewers.

(3) A city of the metropolitan class shall have the authority to regulate land use within the extraterritorial zoning jurisdiction of such city as may be provided by law in addition to those powers provided in this section.

(4) Any building or construction code implemented under this section shall be adopted and enforced as provided in section 71-6406.

A district court cannot properly order a zoning board of appeals to issue building permits, as this section provides that issuance of those permits is the province of a city council. Stratbucker Children's Trust v. Zoning Bd. of Appeals, 243 Neb. 68, 497 N.W.2d 671 (1993).

Power was granted to city of metropolitan class to regulate curb cuts within three-mile zoning limits. Jacobs v. City of Omaha, 181 Neb. 101, 147 N.W.2d 160 (1966).