LB 663 — Require education for county attorneys, members of county planning commissions, and county board members and change provisions relating to conditional use or special exception zoning determinations and appeals

(5)(a) (4) In all counties in the state, the county planning commission may grant conditional uses or special exceptions to property owners for the use of their property if the county board of commissioners or supervisors has officially and generally authorized the commission to exercise such powers and -1- LB663 LB663 2026 has approved the standards and procedures the commission adopted for equitably and judiciously granting such conditional uses or special exceptions.

The granting of a conditional use permit or special exception shall only allow property owners to put their property to a special use if it is among those uses specifically identified in the county zoning regulations as classifications of uses which may require special conditions or requirements to be met by the owners before a use permit or building permit is authorized.

(b) The applicant for a conditional use permit or special exception for a livestock operation specifically identified in the county zoning regulations as a classification of use which may require special conditions or requirements to be met within an area of a county zoned for agricultural use may request a determination of the special conditions or requirements to be imposed by the county planning commission or by the county board of commissioners or supervisors if the board has not authorized the commission to exercise such authority.

Upon request the commission or board shall issue such determination of the special conditions or requirements to be imposed in a timely manner.

Such special conditions or requirements to be imposed may include, but are not limited to, the submission of information that may be separately provided to state or federal agencies in applying to obtain the applicable state and federal permits.

Granting a conditional use permit or special exception by the commission or county board shall be based solely on county zoning regulations.

Nothing in this section shall be construed to release the applicant from complying with applicable rules and regulations of any local, state, or federal agency or with any applicable state or federal permit requirements.

A commission or county board shall not require an applicant for a conditional use permit or special exception to apply for or obtain any other permit from a federal, state, or local agency as a condition for granting such conditional use permit or special exception.

The granting of a conditional use permit or special exception by a commission or county board shall not relieve the applicant of any requirement to obtain other necessary permits from any federal, state, or local agency.

(c) The commission or the board may request and review, prior to making a determination of the special conditions or requirements to be imposed, reasonable information relevant to the conditional use or special exception.

If a determination of the special conditions or requirements to be imposed has been made, final permit approval may be withheld subject only to a final review by the commission or county board to determine whether there is a substantial change in the applicant's proposed use of the property upon which the determination was based and that the applicant has met, or will meet, the special conditions or requirements imposed in the determination.

When making the determination as to whether the application for a conditional use permit or special exception should be approved or denied, the commission and board shall presume that the applicant for the permit will comply with all local, state, and federal requirements.

The burden of proof to the contrary shall rest on the party challenging said presumption.

Without factual evidence contrary to the application, the commission or board shall approve the application.

(d) For purposes of this section, substantial change shall include any significant alteration in the original application including a significant change in the design or location of buildings or facilities, in waste disposal methods or facilities, or in capacity.

(6) (5) The power to grant conditional uses or special exceptions as set forth in subsection (5) (4) of this section shall be the exclusive authority of the commission, except that the county board of commissioners or supervisors may choose to retain for itself the power to grant conditional uses or special exceptions for those classifications of uses specified in the county zoning regulations.

The county board of commissioners or supervisors may exercise such power if it has formally adopted standards and procedures for granting such conditional uses or special exceptions in a manner that is equitable and which will promote the public interest.

In an appeal of a decision by the county planning commission or county board of commissioners or supervisors regarding a conditional use or special exception, the appealing party shall have the burden of proving by clear and convincing evidence that such decision (i) was arbitrary, capricious, or illegal or (ii) did not adhere to the county's zoning regulations.

In any county other than a county in which is located a city of the primary class, an appeal of a decision by the county planning commission or county board of commissioners or supervisors regarding a conditional use or special exception shall be made to the district court.

In any county in which is located a city of the primary class, an appeal of a decision by the county planning commission regarding a conditional use or special exception shall be made to the county board of commissioners or supervisors, and an appeal of a decision by the county board of commissioners or supervisors regarding a conditional use or special exception shall be made to the district court.

(7)(a) (6) Whenever a county planning commission or county board is authorized to grant conditional uses or special exceptions pursuant to subsection (5) (4) or (6) (5) of this section, the planning commission or county board shall, with its decision to grant or deny a conditional use permit or special exception, issue a statement of factual findings arising from the record of proceedings that support the granting or denial of the conditional use permit or special exception.

If a county planning commission's role is advisory to the county board, the county planning commission shall submit such statement with its recommendation to the county board as to whether to approve or deny a conditional use permit or special exception.

(b) Upon receipt by the planning commission of an application, the county -2- LB663 LB663 2026 zoning administrator or commission shall have thirty days to determine if the application is complete.

If the administrator or commission determines the application is incomplete, within ten days following such determination, the administrator or commission shall notify the applicant in writing as to what information is required to make the application complete.

The administrator or commission shall have thirty days after receipt of any additional information provided by the applicant to redetermine if the application is complete.

Within ninety days after the commission receives a complete application, the commission shall:

(i) If the commission has the authority to grant or deny a conditional use permit or special exception, grant or deny such application;

or (ii) If the commission does not have the authority to grant or deny a conditional use permit or special exception, make a recommendation to the board that such application be granted or denied.

(c) Once the board has received the recommendation of the commission, the board shall have thirty days to make its own determination if the application is complete.

If the board determines the application is incomplete, within ten days following such determination, the board shall notify the applicant in writing as to what information is required to make the application complete.

The board shall have thirty days after receipt of any additional information provided by the applicant to redetermine if the application is complete.

The board shall have ninety days after receiving a complete application as determined by the board to decide whether to grant or deny a conditional use permit or special exception.

If the board has not granted or denied a conditional use permit or special exception by the end of such ninety-day period, the conditional use permit or special exemption shall be deemed granted.

(d) If, at any time after the board has received the recommendation of the commission and before the expiration of the ninety-day period described in subdivision (7)(b) of this section, the board comes into possession of information which materially affects an application, the board may take action during an open meeting of the board to require the submission of a new application to the board or the presentation of information deemed necessary by the board to the board at a hearing not less than ninety days after the board takes such action.

The board shall have ninety days after the submission of the new application or the presentation of information to decide whether to grant or deny the conditional use permit or special exception.

If the board has not granted or denied the conditional use permit or special exception by the end of such ninety-day period, the conditional use permit or special exemption shall be deemed granted.

(e) For purposes of this subsection, materially affect means having a significant or substantial impact relating to state law, compliance with county zoning regulations, or the rights of any affected party.

Sec.

2.

Original section 23-114.01, Reissue Revised Statutes of Nebraska, is repealed.

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