Village of Spalding Ordinance Chapter 2
Table of Contents
CHAPTER 2 – BOARDS AND PUBLIC FACILITIES
Article 1 ‒ Auditorium
SECTION 2-101: RENTALS
The Village Board may make a reasonable rental charge and a damage/cleaning deposit amount for use of the village auditorium by any person or organization. Rental rates may be structured for classes of persons and organizations in a reasonable manner; provided, nothing herein shall be construed to permit or allow discrimination on the basis of race, creed, color, or national origin in the classification of persons and organizations for rental purposes. All damage suffered to the community center during any rental shall be assessed against the person or organization responsible for the rental thereof or the amount shall be deducted from the damage deposit. (Neb. Rev. Stat. §17-953)
SECTION 2-102: RULES AND REGULATIONS
The Village Board shall have the power and authority to enact bylaws, rules, and regulations for the protection of the community center and the safety of those using the said facilities. The board may provide suitable penalties for the violation of such bylaws, rules, and regulations. All rental fees, rules, and regulations shall be as set by resolution by the board and kept on file in the village office. (Neb. Rev. Stat. §17-953)
Article 2 – Swimming Pool
Section 2-201: OPERATION AND FUNDING
A. The Village owns and manages the swimming pool. The Village Board, for the purpose of defraying the cost of the management, maintenance, and improvements of the swimming pool, may each year levy a tax not exceeding the maximum limit prescribed by state law on the actual valuation of all real estate and personal property within the Village that is subject to taxation. The revenue from the said tax shall be known as the swimming pool fund and shall include all gifts, grants, deeds of conveyance, bequests, or other valuable income-producing personal property and real estate from any source for the purpose of endowing the swimming pool. The swimming pool fund shall at all times be in the custody of the village treasurer.
B. The Village Board shall manage the swimming pool and shall have the power and authority to hire the swimming pool manager and such employees as it may deem necessary, and shall pass such rules and regulations for the operation of the swimming pool as may be proper for its efficient operation.
(Neb. Rev. Stat. §§17-948, 17-951, 17-952)
Section 2-202: RULES AND REGULATIONS
The Village Board shall have the power and authority to enact bylaws, rules, and regulations for the protection of those using the swimming pool and for the efficient management thereof. Suitable penalties may be provided for the violation of such bylaws, rules, and regulations, subject to review and supervision. (Neb. Rev. Stat. §17-949)
Section 2-203: ADMISSION CHARGE
The Village Board, for the purpose of defraying the expenses involved in maintaining, improving, managing, and beautifying the swimming pool, may make a reasonable admission charge for its use by any person. The said charges shall be on file at the office of the village clerk and shall also be posted in a conspicuous place at the pool for public inspection. Such rates may be structured for classes of persons in a reasonable manner; provided, nothing herein shall be construed to permit or allow discrimination on the basis of race, creed, color, or national origin in the classification of persons for admission charges. (Neb. Rev. Stat. §17-949)
Section 2-204: RENTALS
The Village Board shall have the authority to rent the swimming pool to such organizations and other persons as it may in its discretion see fit. The board shall prescribe rules and regulations for such rentals and shall require an appropriate number of qualified lifeguards to be in attendance during the rental period. Such fees and other costs shall be set by the Village Board from time to time by resolution, kept on file at the office of the village clerk and posted in a conspicuous place at the pool. (Neb. Rev. Stat. §17-949)
Article 3 – Spalding Economic Development Group
SECTION 2-301: PURPOSE
Spalding Economic Development, Inc., dba Spalding Economic Development Group, plans to conduct activities related to attracting businesses, supporting existing ones, developing infrastructure, and promoting community assets, all aimed at improving the economic well-being and quality of life for the community of Spalding.
SECTION 2-302: ATTRACTING BUSINESSES
Attracting businesses to Spalding will involve:
A. Promotional Strategies: Marketing the community’s advantages and assets to potential investors and businesses.
B. Targeted Business Searches: Identifying businesses that could benefit the community and its future.
C. Encouraging Former Residents: Attracting successful entrepreneurs and investors to return and invest.
D. Innovation and Manufacturing Hubs: Creating spaces for innovation and manufacturing to attract businesses.
SECTION 2-303: SUPPORTING EXISTING BUSINESSES
Supporting existing businesses will involve:
A. Business Retention and Expansion: Providing resources and support to help existing businesses grow and thrive.
B. Access to Financing: Facilitating access to loans, grants, and other financial resources for businesses.
C. Workforce Development: Investing in training and education programs to ensure a skilled workforce.
D. Microenterprise Development: Supporting the development and expansion of small businesses.
E. Business Assistance Programs: Offering technical assistance, mentorship, and other support services to businesses.
SECTION 2-304: INVESTING IN THE COMMUNITY
Investing in infrastructure and community development will involve:
A. Community Amenities: Developing parks, trails, and other recreational facilities to improve quality of life.
B. Affordable Housing: Ensuring access to safe and affordable housing for residents.
C. Education and Training: Investing in education and training programs to improve workforce skills.
D. Tourism Development: Promoting tourism to bring revenue and economic activity to the community.
E. Real Estate Development: Promoting the development of commercial and residential properties.
F. Financial Services: Providing businesses and residents with access to financial services.
Article 4 – Board of Zoning Adjustment
SECTION 2-401: functions defined
The functions of the Board of Zoning Adjustment, partly administrative and partly judicial, are defined and limited by state-enabling legislation and by provisions of the local Zoning Regulations. This quasi-judicial body’s powers include hearing and deciding appeals, map interpretations and granting variances from the Zoning Regulations. Under Nebraska statutes, the Board of Zoning Adjustment is not a policy-making body nor is it intended to be. The board is the body which provides flexibility in the administration of the Zoning Regulations.
SECTION 2-402: establishment
Under Neb. Rev. Stat. Chapter 19, Article 9, Section 19-907, the Village Board has created the Board of Zoning Adjustment by ordinance. Statutory references for municipal boards of zoning adjustment are Sections 19-907 to 19-912. Sections 8-152 to 8-154 of the zoning ordinance detail the responsibilities and procedures of the board.
SECTION 2-403: APPOINTMENT AND TERMs
A. The Village Board has appointed five members to the Zoning Board of Adjustment. An additional member shall also be appointed, designated as an alternative, who shall serve only in the absence of a regular member. One member of the board must also be a member of the Planning Commission. Any member may, after a public hearing, be removed for cause by the Village Board.
B. Members of the board shall serve terms of three years each. They shall serve without compensation and shall hold no other municipal office, except when appointed from the Planning Commission membership.
C. The board may be funded from time to time out of the general fund by the Village Board.
SECTION 2-404: MEETINGS
A. Meetings of the board shall be held at such times as the Village Board may designate or at the call of the chairperson. All meetings shall be open to the public and adhere to the provisions of the state public meetings law.
B. The board shall keep minutes of its proceedings, showing the vote of each member upon each question, or if absent or failing to vote, indicating such fact, and shall keep records of its examinations and other official actions, all of which shall be immediately filed in the office of the board and shall be a public record.
C. The board must hold a public hearing before deciding upon applications for variances.
D. The concurring vote of four members of the board shall be necessary to reverse any order, requirement, decision or determination of any governmental official, or to decide in favor of the applicant to effect any variance from the Zoning Regulations.
SECTION 2-405: DUTIES AND POWERS
The Zoning Board of Adjustment has the following powers as authorized by state legislation and local ordinance:
A. To hear and decide appeals where it is alleged there is error in any order, requirement, decision or determination made by a governmental official based on or made in enforcement of the zoning ordinance or relating to the location or soundness of structures.
B. To hear and decide, in accordance with the provisions of the Zoning Regulations, request for interpretation of any map.
C. To hear and decide applications for variance from the Zoning Regulations.
D. To summon witnesses, administer oaths and compel the giving of testimony at public hearings.
SECTION 2-406: CRITERIA FOR GRANTING VARIANCES
A. The criteria and conditions which must exist for granting a variance are identified by state statute and in the Zoning Regulations. The variance is intended as a device for adjustment where the ordinance creates unnecessary hardship in unusual cases, to give affected property owners rights as nearly equal as possible to those of others in the same district.
B. A heavy case load on variances may indicate that the ordinance or one of its specific regulations is not appropriate, the board is malfunctioning, or both. The need for variances should be minor and variances should be granted sparingly. Under no circumstances can the board grant a variance to permit a use not generally or by special exception allowed in the zoning district.
C. A variance is granted for the property and not for the owner of the property. The variance is thus in effect perpetually and remains with the property and whatever structure may be constructed in the future.
D. The following are general guidelines which can be used by the board in deciding upon applications for variances. These general guidelines are to be used in conjunction with the criteria and conditions specified in the Zoning Regulations.
- A variance is not the appropriate remedy for a general condition. If this is the case, a change in the Zoning Regulations would be the appropriate action.
- A self-inflicted hardship is not grounds for a variance. For example, the request for a variance is based upon some action of the applicant, such as the selling of a portion of a lot which does not comply to the existing district regulations, as opposed to a case where the area or width of a lot was reduced because land was taken for street widening.
- Personal hardship is not grounds for a variance. The hardship must relate to the physical character of the property.
- Economic hardship in itself is not grounds for a variance. It may be considered as an element but there must be other compelling considerations. In general, the law guarantees that police power measures will not prevent a property owner from obtaining some reasonable return on his or her land, however that may be defined. One of the most common statements in variance law is that purely financial hardship ‒ i.e., restriction to a less profitable use ‒ is not sufficient to justify a variance. The granting of such variance must be based upon a clearly demonstrable hardship approaching confiscation, as distinguished from a special privilege or convenience sought by the applicant.
SECTION 2-407: COURTS
A. Any decision of the board may be appealed to the district court as provided by Neb. Rev. Stat. Chapter 19, Article 9, Section 19-912.
B. Sample rules, forms and notices which may be utilized by the Board of Zoning Adjustment are included in Appendix 7 of the Procedural Manual.
Article 5 – Penal Provision
SECTION 2-501: VIOLATION; PENALTY
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 a misdemeanor 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.