City of Lincoln  
City of Lincoln
Planning

Frequently Asked Questions

 
If you have a question that is not answered here, please email us at plan@lincoln.ne.gov
  1. What does the Planning Department do?questions
  2. Where is the department located, and what hours are you open?
  3. What is the Comprehensive Plan, and how is it developed?
  4. What is the Capital Improvements Program (CIP), and how is it prepared?
  5. What does the City-County Comprehensive Plan say about my neighborhood?
  6. What is zoning?
  7. How do I find out the zoning designation on my property and my neighbor's property? What does it mean, and how does it restrict the way that we can use our land?
  8. What if a property owner wants to do something on his or her property that is not allowed by the current zoning designation? How can he or she get it changed?
  9. What's the difference between a use permit, a special permit, a community unit plan and a planned unit development?
  10. I think my neighbor is using his property illegally according to the zoning rules. Where do I make a complaint?
  11. What can I do if my neighbor is trying to change the zoning on his property, and I don't like his plans?
  12. What does it mean if my property is designated as a historic landmark or is in a historic district?
  13. What is a subdivision or plat, and what does it do? Do I need to have one to sell my property?
  14. The street (or alley) right-of-way abutting my property does not seem to be needed any longer. How can I "reclaim it" as part of my property?
  15. How can I get a map and/or an aerial photo that shows the area around the property I am looking to purchase?
  16. How can I tell if a property is inside or outside the Lincoln City limits?

1. What does the Planning Department do?

The Planning Department provides technical information and advice to elected and appointed boards and citizens on the wise use of land for private and public purposes. The Planning Director is appointed by the Mayor with the concurrence of the Lincoln City Council and the Lancaster County Board of Commissioners, the two bodies that provide most of the department's funding.

The department is responsible for developing and maintaining the Comprehensive Plan for Lincoln and Lancaster County, preparing Lincoln's Capital Improvement Program, maintaining zoning and subdivision regulations of the city and county and processing hundreds of development applications that involve those regulations each year. We provide a support role to the federally-mandated Metropolitan Planning Organization (MPO), which includes an executive board made up of city, county and state officials. It has the final word on local spending of federal transportation grant funds. The city's historic preservation program is included in the Planning Department. The Planning Department also maintains and updates information on local demographics and development trends, as well as a variety of computerized maps, aerial photographs and related geography-based information.

The department's customers include the Mayor of Lincoln, the city and county elected boards, various city and county departments, state and federal agency officials, land developers and their agents and the general public. The Planning Department is responsible for staffing the Lincoln-Lancaster County Planning Commission, the Lincoln Board of Zoning Appeals, the Lancaster County Board of Zoning Appeals, the Historic Preservation Commission, the Nebraska Capitol Environs Commission, the Urban Design Committee, and Ad Hoc Committees.

The City-County Planning Department employs a staff of 21 individuals organized into the following four divisions:
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2. Where is the department located, and what hours are you open?

The Planning Department is in the County-City Building, 555 South 10th Street, Suite 213, Lincoln, Nebraska 68508. It is open from 8 a.m. to 4:30 p.m., weekdays. The phone number is (402) 441-7491, the fax number is (402) 441-6377 and the email address is plan@lincoln.ne.gov. Phone messages left after hours will be returned the next business day. Those with specific questions requiring in-person meetings are asked to make appointments.
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3. What is the Comprehensive Plan, and how is it developed?

At its most basic, a Comprehensive Plan is a community's common vision of what it hopes to become in the future - the quality of its residential neighborhoods; the places residents live, work, shop and play; the way people and goods move about the urban and rural areas; and the treatment of natural environmental features as development changes the rural landscape.

While American cities and counties have their own separate growth plans, the City of Lincoln and Lancaster County have a unified Comprehensive Plan. City and county officials have long believed the broadest common interests are served when we plan together. This is exemplified not only in a single City-County Comprehensive Plan but also in how the Plan is developed. For example, for more than 50 years a joint City- County Planning Department has overseen a single and unified planning process. This makes it easier to coordinate the entire planning process and to seek resolution to issues of joint concern.

comp plan logoThe current City-County Comprehensive Plan was adopted in November 2006. This Plan describes in text, illustrations and maps how the city will grow over the next 25 (and more) years, and how the rural areas and small towns in the county will evolve to meet changing economic, social and environmental conditions.

The Plan serves the needs of both private and public sector development. It depicts where, when and how important government facilities such as roads, utilities, fire stations, school, parks and libraries should be coordinated and constructed. These public facilities in turn support private sector growth as new neighborhoods, shopping centers, office complexes and manufacturing plants become part of the community.

The development of the Plan begins with an initial draft document prepared by the City- County Planning Department. The development of the draft involves numerous citizens who contribute their views on the community's future. The Plan's preparation is coordinated through the City-County Planning Commission - a nine-member citizen board appointed by the Mayor with the consent of the City Council and County Board. The Commission's responsibility is to review the draft Plan prepared by the Planning Director, to hold public hearings on the draft Plan and to then make recommendations to the elected boards on the draft Plan and the planning policies it contains. The elected boards receive the Planning Commission's recommendations and then, after conducting their own public hearings, vote to approve, deny or modify the Plan. The Lincoln City Charter does stipulate that the City Council (but NOT the County Board) must have a "super majority vote" (five affirmative votes) to modify or amend the Planning Commission's recommendations.

The Comprehensive Plan goes through a major review and update process every five years. In between these major Plan updates are annual reviews of the policies and standards contained in the Plan. Elected and appointed officials, citizens and staff can and do propose amendments during this annual review process. These amendments are compiled into a single document and are subjected to a series of public hearings before the Planning Commission, City Council and County Board. Most recently the public hearings for the Annual Comprehensive Plan Review process have occurred from May through July. Plan amendment requests must be submitted to the Planning Department at the beginning of the calendar year so that they can be processed as part of the overall annual review process.

The adopted Comprehensive Plan serves as a formal guide for the hundreds of regulatory decisions made by the city and county each year on land development. It also provides the basis for crafting the multi-year program of capital improvements known as the CIP (Capital Improvement Program). modes of transportation

The Long Range Transportation Plan (LRTP) is a chapter in the adopted Plan that is mandated by the federal government in order to receive federal transportation grant funds. The LRTP provides the basis for selecting the road and bridge improvements in Lincoln's CIP, and in the Transportation Improvement Program (TIP), another federally- mandated document which includes all federally funded transportation projects for Lincoln and its future growth area.
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4. What is the Capital Improvement Program (CIP), and how is it prepared?

budget
The CIP is a six-year program of capital improvements proposed to be undertaken by various city departments. The schedule of CIP projects is initially developed by the individual city departments and then submitted to the Planning Department for compilation into a single document. The Planning Department then works with the Mayor and the Mayor's Capital Improvements Advisory Committee (CIAC) to prepare a draft CIP document that is submitted to the Planning Commission for a public hearing and review. The Planning Commission's role in this process is to consider if the proposed projects conform to the goals and programs contained in the adopted Comprehensive Plan. Following a hearing and action by the Planning Commission, the draft CIP (including possible updates by the Mayor) is then submitted to the City Council as part of the budgeting process. The full six-year CIP document is never actually adopted or approved by the Council. A one-year capital budget is derived from the first year of the draft CIP and becomes the schedule of projects approved by the Council.

The Comprehensive Plan is also used to guide Lancaster County's annual development of its six-year road program for unincorporated areas within the county. Several other public entities, including the Public Building Commission, the Railroad Transportation Safety District, Lincoln Public Schools, suburban school districts, the Lower Platte South Natural Resources District, the Lincoln Airport Authority and the Nebraska Departments of Roads, also use the Comprehensive Plan to make major decisions on local public improvements.
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5. What does the City-County Comprehensive Plan say about my neighborhood?

houses
The Comprehensive Plan provides a general vision for the future pattern of land uses and development within the city and county. The Plan offers broad guidance regarding the anticipated use of individual properties. However, the Plan does contain some divergent goals and policies that may require more individualized decisions based on the unique aspects of a particular parcel of land and its surroundings.

In certain instances, the Planning Department or the City's Urban Development Department have also prepared plans for selected subareas or individual neighborhoods. These plans typically are more focused and detailed in offering guidance for development decisions.

While they were not prepared by the City-County Planning Department, the development plans for the other incorporated towns and villages in Lancaster County are available for viewing on this Web site.
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6. What is zoning?

Zoning is a type of regulation that is used by most cities and counties, including Lincoln and Lancaster, to implement the adopted Comprehensive Plan. Zoning encourages the kind of land development that is indicated in the policies and maps of the Plan. Zoning regulations also provide a guide on how property owners can use their land in the best interests of public health, safety or general welfare.

people reviewing plan Historically, zoning has been used to separate different types of land uses that are incompatible with each other, like the lead smelter next to a residential neighborhood. Zoning standards are established to make sure that neighboring properties do not block light and air and to prevent overcrowding or traffic congestion. Zoning is also intended to reserve sufficient land for developers and builders to provide facilities for people to live, work, shop and play. Zoning helps government entities determine the location and size of major streets, the size of water and sewer lines and the best locations for parks, schools and fire stations. The general idea is that if the community accepts some restrictions on individual property rights, there is more assurance that everyone's use, enjoyment and property value are better protected. Zoning restrictions must be reasonable, applied in a uniform manner and established through a system that guarantees due process for all affected parties. The federal bill of rights, state statutes and more than a century of court decisions all affect how land use can be regulated. Generally, private property owners have the right to put their land to some economically viable use, though not necessarily the most profitable use. If the land use restriction imposed by local government leaves no viable use, prohibits investment-based expectations, contradicts state or federal law, violates principles of due process or appears arbitrary and unreasonable, it is likely to be overturned by a court challenge.

Zoning regulations consist of a text (Chapter 27 of the Municipal Code) and an official map which divides the community into various districts. The parcels in each district have a separate set of rules explained in the text which specify the kinds of uses allowed and the density of the uses, including:
  • the amount of land required for every dwelling unit;
  • the size of the buildings that can be built;
  • the distance from neighbors and the street;
  • the amount of parking required; and
  • the signage allowed.

Lincoln has 28 districts, including several intended mainly for single-family and two- family residences, several for apartment development and others for office, commercial and industrial uses.
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7. How do I find out the zoning designation on my property and my neighbor's property? What does it mean, and how does it restrict the way that we can use our land?

neighbors at fence
See the zoning maps on the Web site. Then go to Title 27 Zoning, and select the chapter containing the rules for your district. You can also find summary tables listing what land uses are permitted and the height and area standards in each zoning district. If you have questions, call the Building and Safety Department at 441-7882.

Some areas have "overlay" districts that impose additional restrictions on the use of the land. These districts include Flood Plain, Capitol Environs, Historic Preservation and Airport Environs Noise District. Flood plain maps can be viewed on this Web site. The other maps may be viewed at the Planning Department. Citizens may also call the numbers listed above to ask which overlays may apply to their property.

In addition to the underlying zoning district, particular sites may have special permits and/or use permits with more particular restrictions (see question #9). Maps that show the locations of these sites and the special restrictions for each of them are also available online.

Sometimes lenders require zoning "verification" or "certification" letters when you are selling or financing property. The information required can vary from a simple statement of the current zoning classification on the property and what uses are permitted in that zone to a detailed evaluation of the conformance of the uses and improvements on the property to the zoning rules. The City/County does not prepare letters of this type; instead you may need to contract with a private attorney or title company to provide this service.
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8. What if a property owner wants to do something on his or her property that is not allowed by the current zoning designation? How can he or she get it changed?

The process begins with the owner or a prospective purchaser submitting a "change of zone" application and filing fee to the Planning Department. All applicants are encouraged to first meet with staff to make sure that they understand the information required for a submittal and the potential issues they may face. Applicants are also strongly encouraged to meet with neighboring owners prior to filing the application, especially if the change appears to be controversial. This allows the applicant to consider incorporating the concerns of neighbors in order to find out how best to mitigate the impact of their proposed development. For a small fee, the Planning Department can provide the applicant with a list of the owners of the properties. The Planning Department can also help identify the local neighborhood association that represents the interest of particular areas of the city.

people From the submittal date, it will take four to six weeks until the Planning Commission public hearing. Staff will research the request to determine the previous history relating to the site, the character of surrounding uses and zoning, the infrastructure available and consistency of the request with relevant Comprehensive Plan policies. Staff also prepares a list of nearby owners and mails them notice of the upcoming hearing; submits an advertisement of the hearing to the local newspaper; posts a sign on the property; solicits comments from other departments; and prepares a staff report with analysis and recommendations. The report goes to the Planning Commission along with correspondence from the applicant and other interested parties in advance of the public hearing. The Planning Commission agendas for past and current meetings are posted on our webpage. Information about the application is available by clicking on the application number in the agenda(s).

The Planning Commission holds its hearing and then votes on each application. Staff then prepares minutes of the discussion and vote and sends those, along with all the information sent to the Planning Commission, on to the elected board. The elected board holds its own hearing and votes to approve or deny the request. Final action by the elected board can be appealed to District Court by the applicant or other "aggrieved party" (see also question #10).

Application forms and instructions for zoning and related permits can be found on the Planning Department Web site. Applicants can choose to contract with private attorneys, planning consultants or other individuals to act as their agents in the rezoning process. For additional information, call the Planning Department at 441-7491.
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9. What's the difference between a use permit, a special permit, a community unit plan and a planned unit development?

In addition to the many zoning "districts," Lincoln and Lancaster County rely on special provisions in their zoning regulations to better accomplish policies in the Comprehensive Plan, to deal with newer trends in land development and to more carefully review proposals for certain uses that can be problematic in some parts of the community.

permit types Most uses in each zoning district are permitted "as of right". That means the listed uses in each district are permitted without the public hearings and board approvals. But certain uses in certain districts are only allowed by "special permit". Most special permits can be approved by the Planning Commission, while others require Planning Commission recommendations but final action by the elected board. In either case, they can only be approved after a public hearing with prior notification to nearby owners and proper advertisement. Examples of special permits include daycare facilities over a certain size in residential districts, alcohol sales in certain commercial districts and within a certain distance of residential areas and wireless communication towers in all districts. The approving board can impose reasonable conditions or deny the request if it is determined to be inconsistent with the adopted Plan or has too much negative impact on surrounding property.

A "use permit" is a mechanism for reviewing the site plan for commercial development in some of the city's zoning districts. Site plans are the general layouts planned for buildings, signage, parking, circulation, landscaping and screening for a commercial development in some of the City's zoning districts. The Planning Commission holds a public hearing to consider granting a use permit, just like for a special permit. The Commission can require modifications to the layout and impose reasonable conditions to better assure that the development is compatible with the surrounding area.

A "community unit plan" (CUP) is a type of special permit. CUPs provide an option for developers to lay out new residential areas with more flexibility and creativity by having certain regulations modified or waived. The CUP regulations encourage the mixing of different housing types and clustering buildings to preserve open space.

A "planned unit development" (PUD) is a mechanism similar to a CUP, but can be applied to commercial or industrial, as well as, residential uses. In a PUD, land uses that are not otherwise permitted in the underlying zoning district may be permitted to a limited extent. An example would be allowing a specific percentage of the total land area of a project in a residential zoning area to be developed into a commercial use such as a restaurant and other neighborhood services.

Planning staff and other agencies review plans for PUDs and CUPs, and a report and recommendation is prepared for the Planning Commission. The Planning Commission must hold a public hearing before approving a CUP and submitting its recommendation to the elected board, and the board must hold a public hearing before acting on the proposed PUD. If approved, the plan is the basis for the issuance of building permits and construction of improvements.
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10. I think my neighbor is using his property illegally according to the zoning rules. Where do I make a complaint?

One of the duties of the Building and Safety Department is to enforce the zoning ordinance. To report a violation, call 441-7061, send a letter to 555 S. 10th St., Ste. 203, Lincoln NE 68508 or e-mail the Department at bldgsafe@lincoln.ne.gov.
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11. What can I do if my neighbor is trying to change the zoning on his property, and I don't like his plans?

First, you can contact the applicant directly to discuss your concerns. A telephone number for the contact person associated with the application can be found on the notification letter that nearby neighbors receive. You have the right to comment on any application filed. You can comment in person by testifying at the official public hearing or in writing or by fax or e-mail prior to the hearing. Aggrieved parties, as well as the applicant, have the right to appeal Planning Commission decisions to the elected board, and decisions of the final approving body can be appealed to District Court. Appeals must be filed within specified time periods. You also have the right to file an application to change the zoning designation on some other property, although this is very rarely approved if the owner objects.
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12. What does it mean if my property is designated as a historic landmark or is in a historic district?

There are two kinds of historic designations, and they have different meanings. The National Register of Historic Places is maintained by the National Park Service and includes properties that generally are more than 50 years old and are significant to the history of America on the local, state or national level. The National Register includes individual buildings, such as Old City Hall and Old Main at Nebraska Wesleyan University, and districts, such as Mt. Emerald in the Near South area and the South Bottoms between 9th Street and Salt Creek north of "A" Street. Lincoln has four National Register districts and 72 individual National Register properties. Lancaster County has six properties listed.

scroll and quill The National Register is mostly an "honor roll". Properties listed on the Register, whether individually or in a district, are not restricted from alteration or demolition by any local regulation. There are some protections against changes involving federal funding or federal approvals, and there are some tax advantages for owners who thoroughly rehabilitate commercial buildings listed on the National Register. If you have questions about the National Register, check with the Historic Preservation section of the Planning Department.

The second type of historic recognition is designation as a Lincoln Landmark. Many individual properties and two Lincoln districts are honored by both National Register listing and Lincoln Landmark designations. There are a dozen Landmark Districts, including the Haymarket and the Creighton District in University Place. There are about 50 individual Landmarks. Landmark designation is part of Lincoln's zoning code and requires a vote of the City Council to take effect. Landmark properties and districts are protected from damaging alterations or demolitions by a design review process, overseen by the volunteer Historic Preservation Commission and administered by the Planning Department. Generally, before a Landmark can be altered or demolished, the work must be reviewed by that Commission. If its approval is not granted, a negotiation period begins, and alternatives are sought. If no compromise is reached, most changes are automatically allowed after a 90-day waiting period. Demolition can involve a six-month delay, but after that time must be allowed. The process tries to balance the individual owner's rights to make use of his or her property and the public interest in preserving Lincoln's heritage.

Individual Landmarks have an option of petitioning the City Council for approval of special uses not ordinarily allowed in their zoning districts. Lincoln's bed and breakfast inns all operate in Lincoln Landmarks under special permits.

For more information, contact the Planning Department's historic preservation planner, Ed Zimmer, at 441-6360 or ezimmer@lincoln.ne.gov.
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13. What is a subdivision or plat, and what does it do? Do I need to have one to sell my property?

The zoning laws regulate some aspects of how you can use your property, but other aspects are regulated by the City's subdivision regulations, Title 26 of the Lincoln Municipal Code, and the County's subdivision regulations. Generally, if you want to purchase a portion of a tract of land, and either the parcel you want to acquire or the remaining parcel is less than 10 acres, the dividing of the parcel must be approved by the City or County. Typically, developers will purchase large tracts and divide them into blocks of lots bounded by streets, with lots that are sold off for development based on the zoning designation.

One of the historic reasons to require that the subdivision and sale of land be reviewed and recorded through a subdivision process is to provide a simple system of legally defining property. Another longstanding purpose of subdivision regulations is to ensure that lots are actually "buildable" - that they meet the lot area and yard requirements of the zoning district; that they have access from a public way; that the land is suitable for buildings (e.g. not too steep, and not subject to flooding); and that adequate provisions have been made for water and sewer service, whether through community or individual on-site systems. Easements may also be required, generally along the edges of lots, to accommodate public and private utility lines. Subdivision review ensures that streets line up properly and connect from one development to another, are properly designed and constructed and are named in a logical way that does not cause confusion for emergency and delivery services. Subdivision regulations also govern grading and drainage, erosion control and the installation of sidewalks, street trees and lighting. Developers may be required to pay for improvements off-site (e.g. a turn lane and/or a signal in the adjacent arterial street for traffic safety), as well as, on the site.

Plats involving new streets are prepared by engineers or surveyors who understand the many technical requirements. If a new street right-of-way is being dedicated to the public, a preliminary plat must be filed. A CUP, Use Permit or PUD may substitute for a preliminary plat. The preliminary plat is reviewed by staff from various departments and agencies and placed on the Planning Commission agenda for action. Final plats are then prepared and submitted, with appropriate improvements installed or guaranteed before the plat can be approved. The Planning Director can approve final plats. The approved final plat is then filed with the County Register of Deeds, at which time ownership of the individual lots may be legally transferred.

For more information on subdivisions, contact a member of the Planning Department Development Review staff at 441-7491.
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14. The street (or alley) right-of-way abutting my property does not seem to be needed any longer. How can I "reclaim it" as part of my property?

The State statutes and local ordinance refer to this process as a "vacation" of right-of- way. The city and county have different procedures for considering these requests. The city process requires all the abutting property owners' signatures on a petition to vacate the right-of-way. An application will not be accepted until all abutting property owners have signed a petition. When the application is accepted, other governmental agencies and utility companies have an opportunity to review the request and report to the Planning staff if they need the right-of-way for their use and if easements should be retained for existing or future utilities. The Planning staff prepares a report and recommendation to the Planning Commission on whether the right-of-way is still needed to fulfill the policies of the Comprehensive Plan. The Planning Commission holds a public hearing and submits a recommendation to the City Council. Following the recommendation of the Planning Commission, the petitioners are informed of the cost to purchase the right-of-way and other required reconstruction, such as replacing the curb. Before the City Council hearing, the petitioners must deposit the money necessary to complete the reconstruction and the amount of money to purchase the land. The City Council then holds a public hearing to decide on approval of the vacation. If approved, the City then deeds the vacated right-of-way to the petitioners.

paperwork The county process involves a petitioner submitting a petition to the County Clerk, signed by 10 or more registered voters residing within 10 miles, and requesting the vacation of a county road. The primary petitioner shall, at the same time or shortly thereafter, file with the County Clerk petitions signed by each owner of property abutting the county road to be vacated. The County Board refers the request to the County Engineer and the Planning Department, who review the request and report back to the County Board within 30 days unless additional time is granted. The primary petitioner must pay a fee equal to the cost to appraise the land value. If the road is located within the city's zoning and subdivision jurisdiction (within three miles of the city limits), approval by the City Council must also be obtained before the County Board will decide on vacating the road. The Planning Commission, City Council and County Board will each hold a public hearing before deciding on the vacation. If the County Board vacates the road, a deed prepared by the County Engineer will be given to the person(s) purchasing the land after all the fees have been submitted and all other conditions of the vacation have been met.

Property owners may also be able to use public right-of-way for limited purposes, such as sidewalk cafe seating, if they do not conflict with public uses. Contact the City or County Engineer to inquire about the cost and feasibility of obtaining a "ROW encroachment permit".
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15. How can I get a map and/or an aerial photo that shows the area around the property I am looking to purchase?

maps
You may get information about property by visiting the Planning Department Offices or by checking the Department's Web site. The Planning Department's Offices are located in the County-City Building (555 South 10th Street) in downtown Lincoln. If you visit our offices, a Planning Department staff member will be glad to assist you in finding out more about any parcel of land in which you may have an interest. Aerial photos (8 1/2 by 11 inches in size) can be obtained from the department's public assistance counter for $3.00.

You may also check the information available on the Planning Department Web site. Under the "Geographic Information Systems" subtitle is an icon called "Interactive Mapping." This site is home to a number of mapping databases that will allow you to enter a specific address, and in return, obtain information about zoning, floodplain boundaries and property ownership and value.
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16. How can I tell if a property is inside or outside the Lincoln City limits?

You may contact the Planning Department by phone at 441-7491 or e-mail at plan@lincoln.ne.gov. If you need verification that the property is outside the City limits, please include the address and legal description of the property. The City limits also appear on the zoning maps that can be accessed from the Planning Department Web site.
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