PERMIT

Omaha Municipal Code ch. 34, art. IV, div. 2

in effect

Omaha Municipal Code § 34-121 Required.

Sec. 34-121. - Required. It shall be unlawful for any person, without first having obtained a permit or after a permit has been canceled pursuant to this chapter, to construct, reconstruct, use, allow to be used, or allow to exist any driveway approach, whether or not any part of the street roadway is unpaved, curbed or otherwise paved. It also shall be unlawful for any person to cut, deface, break out or remove any curbing or gutter of any street without first having obtained a permit therefor. It shall also be unlawful for any person making a change in land use to any property, the scope of which requires a certificate of occupancy, whether or not served by an existing drive approach, to utilize any driveway approach thereto without first obtaining a permit therefor related to such new use. (Code 1980, § 34-121)

Omaha Municipal Code § 34-122 Application.

Sec. 34-122. - Application. Any person desiring a permit required by the provisions of this division shall first make application at the permits and inspections division upon the written form provided for that purpose. Such form shall require as much information in as much detail as is necessary to show that the work will be carried out in conformity with this article and the regulations adopted pursuant to this article. (Code 1980, § 34-122)

Omaha Municipal Code § 34-123 Fee.

Sec. 34-123. - Fee. Before any permit shall be issued under the provisions of this division, the applicant therefor shall pay a fee of $1.00 per linear foot of driveway approach as determined at its greatest width; provided, credit shall be given at the same rate per linear foot for existing lawful driveway approaches, where the permit is for a change in such approach. (Code 1980, § 34-123)

Omaha Municipal Code § 34-124 Inspection; approval.

Sec. 34-124. - Inspection; approval. Before any permit shall be issued under the provisions of this division, the application therefor shall be investigated and approved by the city traffic engineer. (Code 1980, § 34-124)

Omaha Municipal Code § 34-125 Compliance with applicable regulations.

Sec. 34-125. - Compliance with applicable regulations. A permittee under the provisions of this division shall perform and conduct the work under and in conformity with the provisions of this article and the current rules, regulations, design criteria and specifications of the public works department. (Code 1980, § 34-125)

Omaha Municipal Code § 34-126 Denial—Generally.

Sec. 34-126. - Denial—Generally. The application for a permit under this division shall not be construed to vest any rights thereto in the applicant or limit the right of the city, through its permits and inspections division, to deny the permit applied for when the issuance of such a permit would create a traffic hazard or endanger public safety, or would not be beneficial to public welfare. (Code 1980, § 34-126)

Omaha Municipal Code § 34-127 Same—Correction of errors in previous work.

Sec. 34-127. - Same—Correction of errors in previous work. The permits and inspections division shall refuse any further permits to any person to build driveway approaches until errors in construction in previous work have been corrected or adjusted. (Code 1980, § 34-127)

Omaha Municipal Code § 34-128 Time limit for completion of work.

Sec. 34-128. - Time limit for completion of work. Any person receiving a permit under the provisions of this division shall proceed within six months, at his own expense, to do the things therein permitted. If the work is not substantially complete at the end of the six-month period, the permit shall be void unless an extension is granted in writing by the chief of the permits and inspections division. (Code 1980, § 34-128)

Omaha Municipal Code § 34-129 Cancellation.

Sec. 34-129. - Cancellation. The permits and inspections division may cancel any permit issued under the provisions of this division at any time when the continuation of the right under the permit constitutes a traffic hazard or any condition not beneficial to the public welfare, or where the property served has undergone a change in land use requiring a different construction or design of the driveway approach or approaches. (Code 1980, § 34-129)

Omaha Municipal Code § 34-130 Obligation of permittee to restore right-of-way.

Sec. 34-130. - Obligation of permittee to restore right-of-way. When any permit for constructing a driveway approach has been canceled, surrendered or terminated, or where no permit has been granted for the driveway approach, the permit holder or the owner of the affected property shall be responsible for the cost necessary to replace or restore the curb, sidewalk and other parts of the right-of-way. This obligation shall be a condition upon which permits shall be issued under the provisions of this division. It shall be unlawful to refuse to neglect to replace or restore the curb, sidewalk and other parts of the right-of-way as provided in this section. (Code 1980, § 34-130)

Omaha Municipal Code § 34-131 Appeals.

Sec. 34-131. - Appeals. Any person aggrieved by the issuance, denial or cancellation of any permit issued under the provisions of this division may appeal from such issuance, denial or cancellation to the administrative appeals board by complying with all of the provisions set forth in section 2-171 et seq. of this Code. (Code 1980, § 34-131)

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_ARTIVDRAP_DIV2PEFetched: 10/28/2026