14-406. Building zones; nonconforming use; continuance authorized; changes.

249 words·~1 min read·/ne/chapter-14/14-406

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

The lawful use of land existing on April 1, 1925, although such use does not conform to sections 14-401 to 14-418 , may be continued, but if such nonconforming use is abandoned, any future use of such land shall be in conformity with sections 14-401 to 14-418 . The lawful use of a building existing on April 1, 1925, may be continued, although such use does not conform with sections 14-401 to 14-418 , and such use may be extended throughout the building, provided no structural alterations, except those required by law or ordinance, are made in such building.

If no structural alterations are made, a nonconforming use of a building may be changed to another nonconforming use of the same or a higher classification. Whenever a use district shall be changed, any then existing nonconforming use in such changed district may be continued or changed to a use permitted in that district if all other regulations governing the new use are complied with. Whenever a nonconforming use of a building has been changed to a more restricted use or to a conforming use such use shall not thereafter be changed to a less restricted use.

There was no conflict between this section and home rule charter of Omaha with respect to zoning as to dog kennels. Wolf v. City of Omaha, 177 Neb. 545, 129 N.W.2d 501 (1964).

Dog kennel was not a nonconforming permitted use. City of Omaha v. Gsantner, 162 Neb. 839, 77 N.W.2d 663 (1956).