Nebraska Revised Statutes
Neb. Rev. Stat. § 14-401 (2026)
Buildings and structures; regulations; board of appeals; powers of city council
✓ current as of July 2026
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For the purpose of promoting the health, safety, and general welfare of the community, the city council in a city of the metropolitan class may regulate and restrict the height, number of stories, and size of buildings and other structures, the percentage of a lot that may be occupied, the size of yards, courts, and other open spaces, the density of population, and the location and use of buildings, structures, and land for trade, industry, residence, or other purposes. Such regulations may provide for a board of appeals that may determine and vary application of such regulations in harmony with their general purpose and intent, and in accordance with general or specific rules contained in such regulations.
Notes of Decisions
Cited in 12
cases, 1944–2017 · leading case: Giger v. City of Omaha, 442 N.W.2d 182 (Neb. 1989).
Giger v. City of Omaha, 442 N.W.2d 182 (Neb. 1989). “Neb. Rev. Stat. §§ 14-401 , 14-402, and 14-403 (Reissue 1987); Davis v.”
Wolf v. City of Omaha, 129 N.W.2d 501 (Neb. 1964). “1943, provides: “For the purpose of promoting the health, safety, morals or the general welfare of the community, the city council in a city of the metropolitan class is hereby empowered to regulate and restrict the height, number of stories and size of buildings and other…”
Nelson v. City of Omaha, 589 N.W.2d 522 (Neb. 1999). “and Neb.Rev.Stat. §§14-401 et seq., and thereby regulate, restrict, control and oversee the commercial and residential development of real property within the jurisdictional boundaries of the City of Omaha.”
Burgess v. Omahawks Radio Control Org., 362 N.W.2d 27 (Neb. 1985). “See Neb. Rev. Stat. §§ 14-401 et seq. (Reissue 1983).”
Kuhlmann v. City of Omaha, 556 N.W.2d 15 (Neb. 1996). “use of any building or structure in violation of any ordinance or regulations enacted or issued pursuant to sections 14-401 to 14-418, to restrain, correct or abate such violation, to prevent the occupancy of said building, structure or land, or to prevent any illegal act,…”
Cassel Realty Co. v. City of Omaha, 14 N.W.2d 600 (Neb. 1944). “In 1924, under authority of sections 14-401, 14-402 and 14-403, Comp.”
Roncka v. Fogarty, 41 N.W.2d 745 (Neb. 1950). “In the instant case we will have occasion to refer to article 4, city planning, zoning, constituting sections 14-401 to 14-418, R. S. 1943, and will specifically designate the sections applicable and necessary to a determination of this appeal.”
Ash v. City of Omaha Ex Rel. Pentzien, 41 N.W.2d 386 (Neb. 1950). “1943, provides as follows: “To exercise the powers conferred by sections 14-401 to 14-418, the city council shall appoint a city planning commission as authorized by section 14-373.”
Peterson v. Vasak, 76 N.W.2d 420 (Neb. 1956). “178; §§ 14-401 through 14-418, R. R. S. 1943. The section of the act upon which the authority of the city to zone the property involved in this cause rests provides that the powers granted by the act may be exercised over all territory not over 3 miles beyond the limits of the…”
Davis v. City of Omaha, 45 N.W.2d 172 (Neb. 1950). “” § 14-401, R. S. 1943. “For any or all of said purposes the city council may divide the municipality into districts of such number, shape, and area as may be deemed best suited to carry out the purposes of sections 14-401 to 14-418.”
City of Omaha v. Gsantner, 77 N.W.2d 663 (Neb. 1956). “1943, provides in part: “The lawful use of land existing on April 1, 1925, although such use does not conform to the provisions hereof, may be continued, but if such nonconforming use is abandoned, any future use of said premises shall be in conformity with the provisions of…”
Latenser v. Omaha Zoning Bd. of Appeals (Neb. Ct. App. 2017). “§ 14-409 (Reissue 2012) also authorizes the Zoning Board to hear and decide appeals from and review any order, requirement, decision, or determination made by an administrative official charged with the enforcement of any ordinance adopted pursuant to sections 14-401 to 14-418.…”
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