§ 3-301 Terms, defined
§ 3-302 Airport hazard;public nuisance; prevention
§ 3-303 Airport hazard; zoning regulations; modifications and exceptions
§ 3-304 Jointairport zoning board; airportzoning regulation; filing
§ 3-304.01 Joint airport zoning board; members;term
§ 3-305 Zoning regulations; comprehensive zoning ordinance
§ 3-306 Zoning regulations;conflict; stringent limitation or requirement prevails
§ 3-307 Zoning regulations;adoption; notice; hearing
§ 3-308 Zoning regulations;procedure for adoption; commission; appointment; preliminary report; publichearings; final report
§ 3-309 Zoning regulations;requirements; reasonable
§ 3-310 Zoning regulations;nonconforming use; exception
§ 3-311 Zoning regulations;new or changed structure; nonconforming use; permit
§ 3-312 Zoning regulations;property inconsistent with regulations; variance;allowance; exception
§ 3-313 Zoning regulations;permit or variance; hazard marking and lighting
§ 3-319 Zoning regulations;provide for administration and enforcement
§ 3-319.01 Zoning regulations; appeal; hearing; procedure; board; duties
§ 3-320 Zoning regulations;board of adjustment; members;terms; powers
§ 3-323 Board of adjustment; adopt rules; meetings; oaths; public hearings; record of proceedings
§ 3-324 Board of adjustment;judicial review; petition; grounds
§ 3-328 Judicial review; costs
§ 3-329 Judicial review;effect of decision on other structures
§ 3-330 Violation; penalty;injunctions
§ 3-331 Acquisition ofproperty interest; purchase; grant; condemnation; procedure
§ 3-332 Division of Aeronautics; municipalities and political subdivisions; assist in planning and developing
§ 3-333 Act, how cited

Terms Used In Nebraska Statutes > Airport Zoning Act

  • Acquire: when used in connection with a grant of power or property right to any person shall include the purchase, grant, gift, devise, bequest, and obtaining by eminent domain. See Nebraska Statutes 49-801
  • Action: shall include any proceeding in any court of this state. See Nebraska Statutes 49-801
  • Action shall: include any proceeding in any court of this state. See Nebraska Statutes 49-801
  • Advice and consent: Under the Constitution, presidential nominations for executive and judicial posts take effect only when confirmed by the Senate, and international treaties become effective only when the Senate approves them by a two-thirds vote.
  • Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
  • Allegation: something that someone says happened.
  • Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
  • Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  • Appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal.
  • Applicant: means a postsecondary institution having a college of medicine located in the State of Nebraska. See Nebraska Statutes 81-12,170
  • Applicant: means a nonprofit economic development corporation. See Nebraska Statutes 81-12,197
  • Appraisal: A determination of property value.
  • Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
  • Arrest: Taking physical custody of a person by lawful authority.
  • Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
  • Attorney: shall mean attorney at law. See Nebraska Statutes 49-801
  • Byproduct material: shall mean (1) any radioactive material, except special nuclear material, yielded in or made radioactive by exposure to the radiation incident to the process of producing or utilizing special nuclear material and (2) the tailings or wastes produced by the extraction or concentration of uranium or thorium from any ore processed primarily for its source material content. See Nebraska Statutes 81-1582
  • Chambers: A judge's office.
  • Chief executive officer: shall mean the mayor, city manager, or chairperson of the board of trustees of a municipality. See Nebraska Statutes 81-1521.08
  • Closure or site closure and stabilization: shall mean those actions that are taken upon completion of operations which prepare the disposal site for custodial care and which assure that the disposal site will remain stable and will not need ongoing active maintenance. See Nebraska Statutes 81-1583
  • Commercial hazardous waste management facility: shall mean a hazardous waste management facility which accepts hazardous waste for treatment, storage, or disposal which is generated by any person other than the person which owns or operates such facility. See Nebraska Statutes 81-1521.08
  • Committee: shall mean the specific site review committee established in response to a notice of intent filed pursuant to section 81-1521. See Nebraska Statutes 81-1521.08
  • Common law: The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action.
  • Company: shall include any corporation, partnership, limited liability company, joint-stock company, joint venture, or association. See Nebraska Statutes 49-801
  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • Continuance: Putting off of a hearing ot trial until a later time.
  • Continuation period: means the period of five years immediately following the end of the transformational period. See Nebraska Statutes 81-12,171
  • Contract: A legal written agreement that becomes binding when signed.
  • Conviction: A judgement of guilt against a criminal defendant.
  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • Council: shall mean the Environmental Quality Council. See Nebraska Statutes 81-1538
  • Council: shall mean the Environmental Quality Council. See Nebraska Statutes 81-1584
  • Custodial care: shall mean the continued observation, monitoring, and care of a facility for a minimum of one hundred years following the operational life of the facility and closure pursuant to the rules and regulations of the department. See Nebraska Statutes 81-1584.01
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Date of application: means the date that a completed application is filed under the Nebraska Transformational Projects Act. See Nebraska Statutes 81-12,172
  • Date of application: means the date that a completed application is filed under the Nebraska Rural Projects Act. See Nebraska Statutes 81-12,199
  • Decommissioning: shall mean final operational activities at a facility to dismantle site structures, to decontaminate site surfaces and remaining structures, to stabilize and contain residual radioactive material, and to carry out any other activities to prepare the site for postoperational care. See Nebraska Statutes 81-1585
  • Deed: The legal instrument used to transfer title in real property from one person to another.
  • Department: shall mean the Department of Environment and Energy. See Nebraska Statutes 81-1537
  • Department: shall mean the Department of Environmental Quality. See Nebraska Statutes 81-1586
  • Developer: shall mean any person or commercial entity seeking to site, license, or operate a facility within this state. See Nebraska Statutes 81-1586.01
  • Director: means the Director of Economic Development. See Nebraska Statutes 81-12,173
  • Director: means the Director of Economic Development. See Nebraska Statutes 81-12,200
  • Director: shall mean the Director of Environment and Energy. See Nebraska Statutes 81-1540
  • Director: shall mean the Director of Environmental Quality. See Nebraska Statutes 81-1587
  • Dismissal: The dropping of a case by the judge without further consideration or hearing. Source:
  • Disposal: shall mean the isolation and final disposition of radioactive waste from the biosphere by emplacement in a facility that employs technology dictated by a zero-release objective. See Nebraska Statutes 81-1588
  • Domestic: when applied to corporations shall mean all those created by authority of this state. See Nebraska Statutes 49-801
  • Donor: The person who makes a gift.
  • Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
  • Escrow: Money given to a third party to be held for payment until certain conditions are met.
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Facility: shall mean the land, building, and equipment selected pursuant to the Central Interstate Low-Level Radioactive Waste Compact and used or to be used for the disposal of low-level radioactive waste. See Nebraska Statutes 81-1590
  • Fair market value: The price at which an asset would change hands in a transaction between a willing, informed buyer and a willing, informed seller.
  • Fee simple: Absolute title to property with no limitations or restrictions regarding the person who may inherit it.
  • Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
  • Foreclosure: A legal process in which property that is collateral or security for a loan may be sold to help repay the loan when the loan is in default. Source: OCC
  • Fraud: Intentional deception resulting in injury to another.
  • Fund: shall mean the Nebraska Litter Reduction and Recycling Fund. See Nebraska Statutes 81-1539
  • Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
  • Grantee: shall include every person to whom any estate or interest passes in or by any conveyance. See Nebraska Statutes 49-801
  • Gross proceeds: shall mean the total receipts from all sales less expenditures for the purchase of any item in this state for the purpose of recycling such item. See Nebraska Statutes 81-1548.04
  • Hazardous waste management facility: shall mean all contiguous land, and structures, other appurtenances, and improvements on the land, used for the treatment, storage, or disposal of hazardous waste. See Nebraska Statutes 81-1521.08
  • High-level radioactive waste: shall mean (1) irradiated reactor fuel, (2) liquid wastes resulting from the operation of the first cycle solvent extraction system or equivalent and the concentrated wastes from subsequent extraction cycles or equivalent in a facility for reprocessing irradiated reactor fuel, (3) solids into which such liquid wastes have been converted, and (4) other highly radioactive waste material as defined by the United States Nuclear Regulatory Commission. See Nebraska Statutes 81-1589
  • Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
  • Intestate: Dying without leaving a will.
  • Investment: means the amount paid by the applicant for:

    (1) Real property that is (a) constructed after the date of application, (b) owned by the applicant, (c) located at the qualified location, and (d) used to carry out the project. See Nebraska Statutes 81-12,174

  • Investment: means the amount paid by the applicant for the project. See Nebraska Statutes 81-12,201
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
  • Licensed facility operator: shall mean any person or entity who has obtained a license under the Low-Level Radioactive Waste Disposal Act to operate a facility, including any person or entity to whom an assignment of a license is approved by the department. See Nebraska Statutes 81-1590.01
  • Litter: shall mean all waste material susceptible to being dropped, deposited, discarded, or otherwise disposed of by any person upon any property in the state, but not including the wastes of primary processes of farming or manufacturing. See Nebraska Statutes 81-1541
  • Low-level radioactive waste: shall mean radioactive waste not classified as high-level radioactive waste, spent nuclear fuel, or byproduct material as defined in subdivision (2) of section 81-1582 and classified by the federal government as low-level radioactive waste but shall not include waste which remains a federal responsibility as designated in section 3(b) of the Low-Level Radioactive Waste Policy Act, as amended, 42 U. See Nebraska Statutes 81-1591
  • Manufacturer: shall mean any person engaged in a business activity who has annual gross proceeds in this state of at least one hundred thousand dollars resulting from the sale of tangible personal property which the person has made, produced, manufactured, processed, or fabricated which is within any of the categories listed in section 81-1560. See Nebraska Statutes 81-1542
  • Matching funds: means the funds provided toward investment at a project by the State of Nebraska pursuant to section 81-12,185. See Nebraska Statutes 81-12,175
  • Matching funds: means the funds provided by the State of Nebraska pursuant to section 81-12,211. See Nebraska Statutes 81-12,202
  • Month: shall mean calendar month. See Nebraska Statutes 49-801
  • Municipality: shall mean an incorporated city or village. See Nebraska Statutes 81-1521.08
  • Oath: shall include affirmation in all cases in which an affirmation may be substituted for an oath. See Nebraska Statutes 49-801
  • Oath: A promise to tell the truth.
  • Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
  • Operational life of the facility: shall mean the period of time commencing when low-level radioactive waste is initially received at the facility and ending when the facility permanently ceases to receive such waste for disposal. See Nebraska Statutes 81-1591.01
  • Oversight: Committee review of the activities of a Federal agency or program.
  • Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
  • Person: shall include bodies politic and corporate, societies, communities, the public generally, individuals, partnerships, limited liability companies, joint-stock companies, and associations. See Nebraska Statutes 49-801
  • Person: shall mean any natural person, political subdivision, government agency, public or private corporation, partnership, limited liability company, joint venture, association, firm, or individual proprietorship. See Nebraska Statutes 81-1543
  • Person: shall mean any individual, corporation, partnership, limited liability company, firm, association, joint venture, trust, estate, public or private institution, group, public agency, political subdivision of this state, any other state or political subdivision or agency thereof, and any legal successor, representative, agent, or agency of the foregoing, but shall not include federal governmental agencies. See Nebraska Statutes 81-1592
  • Person shall: include bodies politic and corporate, societies, communities, the public generally, individuals, partnerships, limited liability companies, joint-stock companies, and associations. See Nebraska Statutes 49-801
  • Personal property: All property that is not real property.
  • Plaintiff: The person who files the complaint in a civil lawsuit.
  • Private dollars: means dollars donated to the applicant specifically for the project by any combination of one or more of the following:

    (a) An individual. See Nebraska Statutes 81-12,176

  • Private dollars does not: include any direct or indirect funding from any federal, state, or local government. See Nebraska Statutes 81-12,176
  • Probable cause: A reasonable ground for belief that the offender violated a specific law.
  • Process: shall mean a summons, subpoena, or notice to appear issued out of a court in the course of judicial proceedings. See Nebraska Statutes 49-801
  • Project: means an investment by the applicant of at least one billion six hundred million dollars at one qualified location which is made to carry out the requirements for the qualified location to be included in the program described in Title VII, Subtitle C, section 740 of Public Law 116-92. See Nebraska Statutes 81-12,177
  • Project: means expenses incurred or to be incurred at one qualified location for:

    (1) Site acquisition and preparation, utility extensions, and rail spur construction for the development of a new industrial rail access business park, including any such expenses incurred to assist an initial tenant at such business park that conducts business in the manufacturing, processing, distribution, or transloading trades. See Nebraska Statutes 81-12,203

  • Public law: A public bill or joint resolution that has passed both chambers and been enacted into law. Public laws have general applicability nationwide.
  • Public place: shall mean any place or area in the state that is used or held out for use by the public, whether owned or operated by public or private interests. See Nebraska Statutes 81-1544
  • Qualified location: means any parcel of real property, or contiguous or adjacent parcels of real property, within the State of Nebraska that is or are owned by the applicant, and such other parcels owned by the applicant that are necessary to support the applicant's project at such parcel or parcels. See Nebraska Statutes 81-12,178
  • Qualified location: means a location within a county in this state that has a population of less than one hundred thousand inhabitants. See Nebraska Statutes 81-12,204
  • Quorum: The number of legislators that must be present to do business.
  • Radioactive material: shall mean any material, solid, liquid, or gas, which emits ionizing radiation spontaneously. See Nebraska Statutes 81-1593
  • Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
  • Recycling: shall mean the process of separating, cleaning, treating, and reconstituting waste or other discarded materials for the purpose of recovering and reusing the resources contained therein. See Nebraska Statutes 81-1545
  • Redlining: The alleged practice of certain lending institutions of not making mortgage, home improvement, and small business loans in certain neighborhoods-usually areas that are deteriorating or considered by the lender to be poor investments. Source: OCC
  • Related entity: means any entity which is a subsidiary or affiliated entity of the applicant or which has, as one of its purposes for existence, the financial support of the applicant. See Nebraska Statutes 81-12,179
  • Related entity: means any entity which is a subsidiary or affiliated entity of the applicant or which has, as one of its purposes for existence, the financial support of the applicant. See Nebraska Statutes 81-12,205
  • Related entity means any entity which: is a subsidiary or affiliated entity of the applicant or which has, as one of its purposes for existence, the financial support of the applicant. See Nebraska Statutes 81-12,179
  • Related entity means any entity which: is a subsidiary or affiliated entity of the applicant or which has, as one of its purposes for existence, the financial support of the applicant. See Nebraska Statutes 81-12,205
  • Resource recovery: shall mean a system or process for the recovery of materials or energy from waste material. See Nebraska Statutes 81-1547
  • Retailer: shall mean any person engaged in business who has annual gross proceeds in this state of at least one hundred thousand dollars resulting from the sales of tangible personal property for storage, use, or other consumption or from the business of making sales at auction of tangible personal property owned by the person or others for storage, use, or other consumption of any of the products, including byproducts, falling into the categories listed in section 81-1560. See Nebraska Statutes 81-1548.02
  • Service of process: The service of writs or summonses to the appropriate party.
  • Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
  • Source material: shall mean (1) uranium or thorium or any combination thereof in any chemical or physical form or (2) ores which contain by weight one-twentieth of one percent or more of uranium or thorium or any combination thereof. See Nebraska Statutes 81-1594
  • Source separation: shall mean separation by the public from their general refuse of recyclable material. See Nebraska Statutes 81-1548
  • Special nuclear material: shall mean (1) plutonium, uranium 233, and uranium enriched in the isotope 233 or in the isotope 235 but does not include source material or (2) any material artificially enriched by any of the foregoing, but shall not include source material. See Nebraska Statutes 81-1595
  • Spent nuclear fuel: shall mean irradiated nuclear fuel that has undergone at least one year of decay since being used as a source of energy in a power reactor. See Nebraska Statutes 81-1596
  • State: when applied to different states of the United States shall be construed to extend to and include the District of Columbia and the several territories organized by Congress. See Nebraska Statutes 49-801
  • Statute: A law passed by a legislature.
  • Subpoena: A command to a witness to appear and give testimony.
  • Summons: Another word for subpoena used by the criminal justice system.
  • Sworn: shall include affirmed in all cases in which an affirmation may be substituted for an oath. See Nebraska Statutes 49-801
  • Tangible personal property: shall mean all tangible personal property except:

    (1) Gas, electricity, and water delivered through mains, lines, pipes, or channels to purchasers. See Nebraska Statutes 81-1548.03

  • Testify: Answer questions in court.
  • Testimony: Evidence presented orally by witnesses during trials or before grand juries.
  • Tort: A civil wrong or breach of a duty to another person, as outlined by law. A very common tort is negligent operation of a motor vehicle that results in property damage and personal injury in an automobile accident.
  • Transcript: A written, word-for-word record of what was said, either in a proceeding such as a trial or during some other conversation, as in a transcript of a hearing or oral deposition.
  • Transformational period: means the period of time from the date of the complete application through the earlier of (1) the end of the tenth year after the year in which the complete application was filed with the director or (2) the end of the year in which the applicant attains the one-billion-six-hundred-million-dollar investment requirement. See Nebraska Statutes 81-12,180
  • Transformational period: means the period of time from the date of application through the end of the tenth year after the year in which the complete application was filed with the director. See Nebraska Statutes 81-12,206
  • Transuranic waste: shall mean radioactive waste containing alpha emitting transuranic elements at levels determined by the United States Nuclear Regulatory Commission to be transuranic waste. See Nebraska Statutes 81-1597
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
  • Trustee: A person or institution holding and administering property in trust.
  • United States: shall include territories, outlying possessions, and the District of Columbia. See Nebraska Statutes 49-801
  • User fees: Fees charged to users of goods or services provided by the government. In levying or authorizing these fees, the legislature determines whether the revenue should go into the treasury or should be available to the agency providing the goods or services.
  • Venue: The geographical location in which a case is tried.
  • Violate: shall include failure to comply with. See Nebraska Statutes 49-801
  • Wholesaler: shall mean any person engaged in business who has annual gross proceeds in this state of at least one hundred thousand dollars resulting from sales at the wholesale level to retailers, other merchants, or industrial, institutional, and commercial users of any tangible personal property falling into any of the categories listed in section 81-1560 which is sold at the wholesale level. See Nebraska Statutes 81-1548.01
  • Writ: A formal written command, issued from the court, requiring the performance of a specific act.
  • Year: shall mean calendar year. See Nebraska Statutes 49-801
  • Year: means the fiscal year of the State of Nebraska. See Nebraska Statutes 81-12,181
  • Year: means the fiscal year of the State of Nebraska. See Nebraska Statutes 81-12,207