The Legislature of the State of Nebraska has
delegated the responsibility to local governmental units to adopt
zoning regulations designed to protect the public health, safety and
general welfare. The Legislature, in Sections 31-1001 to 31-1022,
R.R.S. 1943, has further assigned the responsibility to adopt, administer,
and enforce floodplain management regulations to the county, city
or village with zoning jurisdiction over the flood-prone area.
It is the purpose of this chapter to promote
the public health, safety and general welfare and to minimize those
losses described in Subsection C by applying the provisions of this
chapter to:
A. Restrict or prohibit uses which are dangerous to health,
safety or property in times of flooding or cause undue increases in
flood heights or velocities.
B. Require that uses vulnerable to floods, including
public facilities that serve such uses, be provided with flood protection
at the time of initial construction.
C. Protect individuals from buying lands that are unsuitable
for intended purposes because of flood hazard.
D. Assure that eligibility is maintained for property
owners in the community to purchase flood insurance in the National
Flood Insurance Program when identified by the Federal Insurance Administration
as a flood-prone community.
The mapped floodplain areas within the jurisdiction
of this article are hereby divided into the two following districts:
a Floodway Overlay District (FW) and a Floodplain Overlay District
(FP) as identified in the Official Floodplain Study, effective FIRM
or best available data. The zoning districts created by this article
overlie other zoning districts and place additional restrictions upon
the manner in which lands in such underlying district may be used.
Within these districts all uses not meeting the standards of this
article and those standards of the underlying zoning district shall
be prohibited. These zones may not be identified on the Official Zoning
Map but shall be consistent with the numbered and unnumbered A Zones
as identified on the official FIRM or best available data.