DESIGNATION OF LANDMARKS AND DISTRICTS

Omaha Municipal Code ch. 24, art. II, div. 2

in effect

Omaha Municipal Code § 24-51 Applicability of article.

Sec. 24-51. - Applicability of article. All landmarks and property within a landmark heritage district shall be subject to the controls, standards and procedures set forth in this article. (Code 1980, § 24-51)

Omaha Municipal Code § 24-52 Standards for designation.

Sec. 24-52. - Standards for designation. A particular site, structure, or area may be designated for preservation as a landmark or landmark heritage district if it has: (a) Historical and cultural importance, having significant character, interest or value, as part of the development, history, heritage or cultural characteristics of the city, state or nation; or is associated with the life of a person significant in the past; or is the site of an historic event; or exemplifies the cultural, political, economic, educational, social or historic heritage of the community; (b) Architectural and engineering importance, portraying the historical setting or environment of a distinctive characteristic of an architectural or engineering type, period, style, or method of construction; or is the work of a master or designer whose individual work is significant in the development of the city; or contains elements of design, detail, materials or craftsmanship of distinctive quality, or which represents a significant innovation; (c) Geographic importance, by being part of or related to a square, park or other distinctive area, which should be developed or preserved according to a plan based on a historic, cultural or architectural motif; or owing to its unique location or singular physical characteristics represents an established and familiar visual feature of the neighborhood, community or city; or (d) Archeological importance, yielding or which may be likely to yield information important in prehistory or history. (Code 1980, § 24-52)

Omaha Municipal Code § 24-53 Proposal.

Sec. 24-53. - Proposal. Designation of a landmark heritage district may be proposed on the application of 51 percent of the owners or authorized agents of the property in a proposed district. A landmark may be proposed by the council or the commission, or upon petition of the owners. Any such proposal shall be filed with the director upon forms prescribed by him and shall include all data required by the commission. (Code 1980, § 24-53)

Omaha Municipal Code § 24-54 Public hearing—Required.

Sec. 24-54. - Public hearing—Required. Each proposal of a landmark or landmark heritage district shall first be considered by the commission at a public hearing. (Code 1980, § 24-54)

Omaha Municipal Code § 24-55 Same—Notice.

Sec. 24-55. - Same—Notice. Notice of the time, place and purpose of the public hearing to be held upon the proposal of a landmark or landmark heritage district shall be given by the commission in the official newspaper of the city not less than 14 days prior to the date of the hearing and by mail to the owners of all property included in the proposed designation, using for this purpose the names and addresses of the last known owners as shown by the county real property tax records. Failure to send notice by mail to any such property owner where the address of such owner is not so recorded shall not invalidate any proceedings in connection with the proposed designation. The commission may also give such other notice as may be deemed desirable and practicable. (Code 1980, § 24-55)

Omaha Municipal Code § 24-56 Same—Record.

Sec. 24-56. - Same—Record. A record of the pertinent information presented at the hearing upon the proposal of a landmark or landmark heritage district shall be made and maintained as a permanent public record. (Code 1980, § 24-56)

Omaha Municipal Code § 24-57 Action by commission.

Sec. 24-57. - Action by commission. The commission may approve, disapprove or modify the proposal of a landmark or landmark heritage district and shall notify the applicant of the action taken within 60 days of the referral thereof to the commission. (Code 1980, § 24-57)

Omaha Municipal Code § 24-58 Conditions for approval.

Sec. 24-58. - Conditions for approval. The recommendation of the commission for approval of a proposed landmark or landmark heritage district shall state the particular standards for such designation, as set out in this division, which are applied in each designation. In the case of a proposed landmark, a recommendation for designation shall require six affirmative votes if the owners thereof do not concur in the designation. (Code 1980, § 24-58)

Omaha Municipal Code § 24-59 Recommendation by planning board.

Sec. 24-59. - Recommendation by planning board. The commission shall transmit the proposal for the designation of a landmark or landmark heritage district to the city planning board. The board shall consider the degree of conformity or nonconformity with the master plan of the city. The board shall then transmit its recommendation, the proposal and the recommendation of the commission to the city council. (Code 1980, § 24-59)

Omaha Municipal Code § 24-60 Consideration by council.

Sec. 24-60. - Consideration by council. (1) In considering a proposal for the designation of a landmark or landmark heritage district, the council shall take into consideration the recommendations of both the commission and the planning board, and shall further give consideration to the economic consequences to the city and the affected owners. (2) Where the owner of a proposed landmark objects, there shall be five affirmative votes needed to approve the designation by the council. (3) An objection by the owners of 20 percent of the total square footage of the land within the proposed district shall require five affirmative votes to approve the designation by the council. (4) Either of the aforementioned objections as to a landmark or a district must be acknowledged on a form provided by the city planning department and filed with the city clerk no later than the second reading of the proposed designating ordinance. (5) The "total square footage" of land of a proposed district shall include all land within the boundaries of the proposed district, including public rights-of-way and any tax-exempt property. (6) In order for the owners of a particular parcel of land to validly object to the designation, such objection shall be executed by all those owners who are otherwise required to execute a valid conveyance of a fee simple interest in such parcel, and whose names appear in the records of the county register of deeds. (Code 1980, § 24-60)

Omaha Municipal Code § 24-61 Adoption of ordinance.

Sec. 24-61. - Adoption of ordinance. Pursuant to the provisions of this article and the procedures set forth herein, the council may, by ordinance, designate a "Landmark" or a "Landmark Heritage District." (Code 1980, § 24-61)

Omaha Municipal Code § 24-62 Consent of property owners required.

Sec. 24-62. - Consent of property owners required. A landmark heritage district may be designated as such only if at least 51 percent of the included property owners concur in such designation. (Code 1980, § 24-62)

Omaha Municipal Code § 24-63 Contents of ordinance.

Sec. 24-63. - Contents of ordinance. Each ordinance designating a landmark or landmark heritage district shall include a description and statement of the significance of the same to justify its designation as such and a description of the particular features that should be preserved, and shall include the legal description of the landmark or district. (Code 1980, § 24-63)

Omaha Municipal Code § 24-64 Notification of designation.

Sec. 24-64. - Notification of designation. Within ten days after final adoption of the ordinance designating property as a landmark or landmark heritage district, the director shall send a copy of such ordinance and a letter outlining the basis for such designation and the obligations and restrictions which result from such designation to the owner of record of each property so designated or each property within the designated district by registered or certified mail, and to the superintendent of the division. (Code 1980, § 24-64)

Omaha Municipal Code § 24-65 Amendment or rescission of designation.

Sec. 24-65. - Amendment or rescission of designation. The council may, by ordinance, amend or rescind the designation of a landmark or landmark heritage district at any time pursuant to the same procedures set forth in this article for the original designation. (Code 1980, § 24-65)

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_CH24PL_ARTIILAHEPR_DIV2DELADIFetched: 10/28/2026