GENERALLY

Omaha Municipal Code ch. 34, art. V, div. 1

in effect

Omaha Municipal Code § 34-141 Lease required.

Sec. 34-141. - Lease required. It shall be illegal for any person or governmental entity other than the city to use city-owned property other than right-of-way, as defined in section 34-142, or for any person or governmental entity other than the city or franchised utilities to use such right-of-way without first entering into a lease agreement with the city, except as permitted by section 34-145. (Ord. No. 33767, § 3(34-141), 12-19-95; Ord. No. 39041, § 1, 6-28-11)

Omaha Municipal Code § 34-142 Definitions.

Sec. 34-142. - Definitions. For the purposes of this article, the following words and phrases shall have the meanings respectively ascribed to them: Actual value: The most recent value placed on the land (not including improvements) by the county assessor for assessment purposes. The actual value of tax exempt land shall be based upon a reasonable survey of adjacent non-exempt parcels. Antenna: Any device, which by use of any means, is designed to transmit or receive through the air any electromagnetic, microwave, radio, television, or other frequency energy waves, of any type of purpose. Antenna pole: A new pole that is to be used for supporting one or more antennas. Central Business District: That portion of the city bounded by the Missouri River on the east, Interstate 480 on the west, Cuming Street on the north, and Leavenworth on the south. Existing support structure: A pole, building, or other structure proposed to serve as a support for a new antenna, and which existed prior to the application for the new antenna, serving purposes for the support of antennas or otherwise; provided, that if the proposed new antenna adds to the silhouette of the existing support structure in excess of 42 inches by 4½ inches by four inches in any one or more dimensions, or that if the proposed equipment enclosure also located on or adjacent to the existing support structure is in excess of 23 inches by 12 inches by six inches, in any one or more dimensions, then the entire structure shall be treated as a new antenna pole. Open areas: Any parcel of ground with regular or irregular boundaries to which the city has title, and temporarily not used for the purpose acquired, excluding rights-of-way. Right-of-way: A strip of ground dedicated or set apart for public use between approximately parallel boundaries, including the improved and unimproved portions thereof. Sidewalk: That part of the street right-of-way between the curb and adjacent property line, or, where no curb exists, that part of the street right-of-way between the lateral line of the right-of-way improved for vehicle use and the adjacent property line. Sign space: A parcel of ground to which the city has title, large enough to accommodate the supporting structure of a sign. Solid waste containers: Metal or wood containers with capacity of 90 gallons or more designed for temporary storage of "solid waste" as defined in section 33-1 of this Code. Subway lease: A lease of area underneath city property or right-of-way. (Ord. No. 33767, § 3(34-142), 12-19-95; Ord. No. 35328, § 1, 9-12-00; Ord. No. 36530, § 1, 2-24-04; Ord. No. 39952, § 1, 3-25-14)

Omaha Municipal Code § 34-143 Uses requiring lease.

Sec. 34-143. - Uses requiring lease. Leases are required for all uses, including the following: (1) Merchandise stands. (2) News stands. (3) Below or above grade rooms and walkways. (4) Loading docks. (5) Entry stairs or ramps. (6) Eating or drink areas. (7) Erection of signage on or above. (8) Private parking. (9) Fences. (10) Conduits. (11) Electrical or optical cable. (12) Canopy or awning. (13) Antennas and antenna poles. (14) Solid waste containers. (Ord. No. 33767, § 3(34-143), 12-19-95; Ord. No. 35328, § 2, 9-12-00; Ord. No. 36530, § 2, 2-24-04)

Omaha Municipal Code § 34-144 Exceptions.

Sec. 34-144. - Exceptions. (a) The lease requirements of this article shall not apply to any gas, steam, condensate or chilled water line, energy distribution line, or utility line, where the same is installed or operated by the holder of any franchise or other contract rights granted by the city wherein service is provided to the inhabitants of the city. (b) The lease requirements of this article shall not apply to any telecommunications lines, wires, cables or related wire facilities in the city right-of-way. Such telecommunications lines, wires, cables or related wired facilities may be placed in the right-of-way after consent therefor by resolution of the city council. (c) The lease requirements of this article shall not apply to a vacant lot owned by the city, if there is an agreement with a person or organization to maintain such lot for the purpose of gardening activities. Such gardening agreement shall be for one growing season at a time, and shall be on such terms as stated on a gardening agreement form provided by the planning director. (d) The lease requirements of this article shall not apply to temporarily permitted uses of right-of-way that are approved by a permit issued by the public works department. (Ord. No. 33767, § 3(34-144), 12-19-95; Ord. No. 35328, § 3, 9-12-00; Ord. No. 39952, § 2, 3-25-14; Ord. No. 42250, § 3, 6-16-20; Ord. No. 42639, § 1, 8-17-21; Ord. No. 42802, § 1, 12-21-21)

Omaha Municipal Code § 34-145 Encroachments in right-of-way.

Sec. 34-145. - Encroachments in right-of-way. This section shall create a process by which the city may permit encroachments in the right-of-way: (a) The city may permit encroachments for sprinkler systems, S&ID or subdivision identification signs, landscaping, retaining walls, overhanging roofs, and other similar items adjacent to a street which the city is constructing, widening, repairing, and/or replacing. This use of the right-of-way adjacent to such public streets, where such right-of-way is not necessary for the improvements contemplated by the project and further, where such encroachment does not interfere with the city's use of the property, may be permitted as long as the encroaching property owner holds an encroachment license issued by the city. (b) The city may permit encroachments for some specific and limited public uses of right-of-way which will not require a lease. These encroachments in the right-of-way may be for mailboxes, sprinkler systems, and landscaping in right-of-way adjacent to public streets where such right-of-way is not needed by the city and the use does not interfere with the city's use of the right-of-way, and will be permitted so long as the encroaching property owner holds an encroachment license issued by the city. (c) The city may permit encroachments for groundwater monitoring wells and similar facilities in the city right-of-way that are required by the State of Nebraska. (d) To be issued an encroachment permit to allow the uses contemplated by subsection (a), (b), and (c) above, the public works director or his/her designee is granted authority to consider, grant, or deny applications for encroachments on the right-of-way, under the criteria of this section and this Code. The permitted encroachments may be for the use of the right-of-way as specifically identified in subsections (a), (b), and (c) above. An encroachment application shall be filed with the public works director or his/her authorized designee, who shall be responsible for reviewing the document and granting an encroachment license in whatever form deemed appropriate. This section is not intended to replace the lease procedure stated in this article, but rather is intended to provide an additional mechanism to allow for limited use of right-of-way to provide some relief to a property owner whose interests might be affected when the city moves forward with constructing, widening, repairing or replacing a street or other similar activity or for de minimis use of the right-of-way. (Ord. No. 39041, § 2, 6-28-11; Ord. No. 42639, § 2, 8-17-21; Ord. No. 42802, § 2, 12-21-21)

Source: City of Omaha, Municipal Code and City Charter (Municode Library, library.municode.com)URL: https://library.municode.com/ne/omaha/codes/code_of_ordinances?nodeId=PTIIMUCO_CH34STOTPUWA_ARTVPRUSPUPR_DIV1GEFetched: 10/28/2026