Lexington City Code Chapter 3

That certain document, a copy of which is on file in the office of the City Clerk of the City, being marked and designated as "Uniform Building Code," 1994 edition, together with Uniform Housing Code, 1991 edition, and Uniform Code for the Abatement of Dangerous Buildings, 1991 edition, published by the International Conference of Building Officials, are hereby adopted in their entirety as the building codes of the City, except as herein provided, for the purpose of regulating the erection, construction, enlargement, alteration, repair, removal, demolition, conversion, occupancy, equipment, use, height, area and maintenance of all buildings and structures in the City; providing for the issuance of permits; providing penalties for violation of such code; declaring and establishing fire zones; and each and all of the regulations, provisions, penalties, conditions and terms of such "Uniform Building Code," 1994 edition, together with Uniform Housing Code, 1991 edition, and Uniform Code for the Abatement of Dangerous Buildings, 1991 edition, including amendments thereto, as kept on file in the office of the City Clerk, are hereby referred to, adopted and made a part hereof as if fully set out in this section, except as provided below. (Ord. No. 1943, Sec. 2; Ord. No. 2058, Sec. 1)

Any and all references to building permit fees in the "Uniform Building Code," 1991 edition, are hereby deleted and all building permit fees will be assessed as provided for in Section 6-2 of the City Code. (Ord. No. 1943, Sec. 2)

Section 308(a) of the Uniform Building Code, 1991 edition, is hereby amended to read as follows:

No building or structure of Groups A, E, I, H, B or R, Division 1 Occupancy, or R-3, Division 3 Occupancy, shall be used or occupied, and no change in the existing occupancy classification of a building or structure or portion thereof shall be made until the Building Official has issued a Certificate of Occupancy therefore as provided herein. (Ord. No. 1943, Sec. 3)

Subsequent editions to the Uniform Building Code adopted by the provisions of this Ordinance shall be considered adopted and in full force and effect within the City and the jurisdictional area of the City upon the approval thereof by the Resolution of the Council and the filing of at least one (1) copy thereof in the office of the City Clerk. (Ord. No. 1943, Sec. 4)

A fee for each permit issued by the City Building Department, including permits for construction of buildings, plumbing, electrical, signs, fences, or change of occupancy shall be paid to the building inspector. The permit fees shall be set by Resolution of the City Council and shall be on file in the City Building Department for public inspection at any reasonable time. Provided, that for non-residential construction which shall be subject to continuous supervision of qualified architects or engineers, the City Manager shall be authorized to negotiate the permit fee based upon actual inspection functions to be performed by the City of Lexington. (Ord. No. 1300, Sec. 1; Ord. No. 1310, Sec. 1; Ord. No. 1750, Sec. 1; Ord. No. 1845, Sec. 1; Ord. No. 2058, Sec. 2)

That certain document, a copy of which is on file in the office of the City Clerk of the City, being titled "Code for Energy Conservation in New Building Construction," 1977 edition, published by the National Conference of States on building codes and standards, is hereby adopted in its entirety to provide for the development and implementation of minimum lighting and thermal efficiency standards for buildings; and each and all of the regulations, provisions, penalties, and conditions of such code, are hereby referred to, as provided below. (Ord. No. 1677, Sec. 1)

Tables 6-4, 6-5, 6-6 and 6-7 contained in Section 603.2, on pages 53 and 54 of the "Code for Energy Conservation in New Building Construction," 1977 edition, are hereby amended to read as follows:

1. Any building which has a peak design rate of energy usage for all purposes of less than one watt, or three and four-tenths British Thermal Units (3 4/10 BTUs) per hour, per square foot of floor area.

3. Any building or portion thereof which is owned by the United States of America.

4. Any mobile home as defined by Section 71-4603, Reissue Revised Statutes of Nebraska, 1943.

5. Any manufactured housing unit as defined by subsection (1) of Section 71-1557, Reissue Revised Statutes of Nebraska, 1943.

7. All residential buildings shall be exempt from lighting efficiency standards. (Ord. No. 1677, Sec. 1)

The code stated in Section 6-3 shall be enforced within the City of Lexington and the zoning jurisdiction outside of said City and apply to new residential buildings on which construction is initiated after April 1, 1981, and to all other new buildings or renovations of or additions to any existing buildings, on which construction is initiated on or after January 1, 1982.

In addition to the building permit fees specified in Section 6-2, the permit applicant shall pay to the City the sum of $25.00 for residential buildings and one cent (14) per gross square foot for any other building. (Ord. No. 1677, Sec 1)

The 1994 Edition of the Uniform Plumbing Code as adopted by the International Association of Plumbing and Mechanical Officials, is hereby adopted as the minimum standard for the installation of all plumbing installations within the City of Lexington and zoning area under the City of Lexington's jurisdiction, except as otherwise specifically provided in this chapter, and the same is hereby made a part of this chapter as fully and to the same extent as if copied herein in full. At least one (1) copy of such Code shall be kept on file in the office of the City Clerk for inspection by the public. Fees for Plumbing Inspection permits shall be assessed as provided in Section 6-2 of the Lexington City Code. (Ord. No. 1943, Sec. 6; Ord. No. 2058, Sec. 3)

Subsequent Editions of revisions of the Uniform Plumbing Code adopted by the provisions of this ordinance shall be considered adopted and in full force and effect within the City and jurisdictional area of the City upon the approval thereof by Resolution by the Council and the filing of at least one (1) copy thereof in the office of the City Clerk. (Ord. No. 1943, Sec. 7)

The provisions of the Code adopted by the provisions of this article shall apply and be enforced to the unincorporated area two (2) miles beyond and adjacent to the corporate boundaries of this City with the same force and effect as if such outlying area were within the corporate boundaries of this City. (Ord. No. 1481, Sec. 2)

Any pipe, solders or flux used in the installation or repair of any residential or non-residential facility which is connected to the public water supply system shall be lead free.

(2) Pipe and pipe fittings - not more than eight percent (8%) lead. (Ord. No. 1842, Sec. 1)

All persons are hereby prohibited from erecting, placing or maintaining any sign or device for advertising extending over and into any street, avenue or alley in the City from an adjacent building, structure or support, or on a pole, or on the street itself, on the surface of or above the surface of such street, avenue or alley, except as permitted in the following sections. (Mun. Code Sec. 12-201)

It shall be unlawful for any person to construct or erect or attach to any building in the City any sign or like structure over the sidewalks thereof, without having first obtained permission, in writing, from the City Manager to do so. (Mun. Code, Sec. 12-202)

No sign or like structure shall be constructed, erected or maintained over the sidewalks of the City other than in a suitable and safe manner; and all such signs or like structures shall be constructed and erected and maintained in a manner that will not endanger or be detrimental to the public welfare. (Mun. Code, Sec. 12-203)

Under the provisions of this article, signs may be erected in the districts where permitted by Chapter 28, as provided herein under subdivisions (1), (2), (3) and (4):

(1) Signs and advertising devices extending over and into any street, avenue or alley not more than six (6) inches may be placed and maintained at any height above six (6) feet.

(2) Those extending over and into any street, avenue or alley in the City more than six (6) inches and not more than eighteen (18) inches may be erected, placed and maintained with the lowest part thereof not less than eight (8) feet above the average grade of the street, avenue or alley beneath.

(3) Those extending over and into any street, avenue or alley more than eighteen (18) inches and not more than eight (8) feet may be erected, placed and maintained with the lowest part thereof not less than twelve (12) feet above the average grade of the street, avenue or alley beneath.
(4) Signs extending over and into any street, avenue or alley more than eight (8) feet may be placed with the lowest point thereof not less than twelve (12) feet above the average grade of the street, avenue or alley beneath only after first obtaining consent of the City Manager and Council. (Mun. Code, Sec. 12-204; Ord. No. 1216, Sec. 3)

The word "building" for purposes of this article, shall mean a structure designed, built or occupied as a shelter or roofed enclosure for persons, animals or property and used for residential, business, mercantile, storage, commercial, industrial, institutional, assembly, educational or recreational purposes. A structure which, when loaded, does not violate any width, height, length, or weight restrictions for movement upon the public highways of the State of Nebraska shall not fall within this definition. (Ord. No. 1736, Sec. 1)

No person shall move any building over, along or across any highway, street or alley within the corporate limits of the City without first obtaining:

A person seeking issuance of a Moving Permit hereunder shall file an application for such permit with the city building inspector.

(1) Form: The application shall be made in writing, upon forms provided by the building inspector or otherwise, and shall be filed in the office of the Building Inspector.

(a) A description of the building proposed to be moved, giving street number, construction materials, dimensions, number of rooms and condition of exterior and interior;

(b) A legal description of the lot from which the building is to be moved, giving the lot, block and tract number, if located in the City;

(c) A legal description of the lot to which it is proposed such building be moved, giving lot, block and tract number, if located in the City;

(e) The highways, streets and alleys over, along or across which the building is proposed to be moved;

(g) Any additional information which the building inspector shall find necessary to a fair determination of whether a permit should issue.

(a) Tax certificate. The owner of the building to be moved shall file with the application sufficient evidence that the building and lot from which it is to be removed are free of liens and that all taxes and any City assessments or utility charges against the same are paid in full.

(b) Certificate of ownership or entitlement. The applicant shall file with the application a written statement or bill of sale signed by the owner, or other sufficient evidence, that he is entitled to move the building.

(4) Fee: The application shall be accompanied by a permit fee in the amount set by Resolution of the Lexington City Council.

(1) Inspection. The building inspector shall inspect the building and the applicant’s equipment to determine whether the standards for issuance of a Moving Permit are met.

(2) Standards for issuance. No Moving Permit shall be issued unless the Building Inspector shall make the following affirmative findings:

(a) That any required fee or deposit requirement has been paid;

(b) That the building is of a size to move without endangering persons or property within the City;

(c) That if the intended destination of the building is within the City, the building and new foundation are structurally sound and in compliance with building code, electrical, plumbing and mechanical codes for new construction, and the International Property Maintenance Code;

(d) That the applicant’s equipment is unsafe and that persons or property would not be endangered by its use;

(e) If the intended destination of the building is within the City, that the building complies with all zoning or other ordinances;

(f) That for any other reason persons or property in the city would not be endangered by the moving of the building.

(3) Estimate of expense to City. The building inspector shall procure from the City street department and City utilities department an estimate of the expense that will be incurred in removing and replacing any electric wires, street lamps, or pole lines belonging to the City or any other property of the City, the removal and replacement of which will be required by reason of the moving of the building through the City, together with the cost of materials necessary to be used in making such removals and replacements. Prior to issuance of the permit the building inspector shall require of the applicant a deposit of a sum of money equal to the amount of the estimated expense or $500.00, whichever is greater.

(4) When the building inspector shall determine that the moving of a building shall interfere with any gas mains, telephone or telegraph poles or wires, cable TV wires or equipment, or other public or private facilities, said building inspector shall give notice to the person, business or franchise owning such facilities of the provisions of any proposed moving permit.

(5) Designate streets for removal. The building inspector shall procure from the public streets and utilities departments a list of designated streets over which the building may be moved. The building inspector shall have the list approved by the Chief of Police and shall reproduce the list upon the permit in writing. In making their determinations the street department and utilities department and Chief of Police shall act to assure maximum safety to persons and property in the city and to minimize congestion and traffic hazards on public streets.

An application hereunder shall be accompanied by a cash deposit in the sum of $5,000.00 as an indemnity for any damage which the City may sustain by reason of damage or injury to any highway, street or alley, sidewalk, fire hydrant or other property of the City, which may be caused by or be incidental to the removal of any building over, along or across any street in the City and to indemnify the City against any claim of damages to persons or private property, and to satisfy any claims by private individuals arising out of, caused by or incidental to the moving of any building over, along or across any street in the City. This damage deposit shall be in addition to the permit fee and deposit for expense to City.

(1) Bond in lieu of deposit. Any person filing an application hereunder may, in lieu of the general cash deposit required above, file with the building inspector a bond, approved as to form by the City Attorney, executed by a bonding or surety company authorized to do business in the State of Nebraska, in the amount of $5,000.00, conditioned upon the assurance that this and other applicable ordinances and laws will be complied with. Such bond shall run to the City for the use and benefit of any person or persons intended to be protected thereby and shall be conditioned on the payment of any damage to public or private property and the payment of any damages or losses resulting from any malfeasance, misfeasance, or nonfeasance or negligence in connection with any of the activities or conditions upon which the permit applied for is granted.

(2) Insurance policy in lieu of deposit. Any person filing an application hereunder may, in lieu of the general cash deposit required above, file with the building inspector a liability insurance policy, issued by an insurance company authorized to do business in the State of Nebraska, and approved as to form by the City Attorney, in the same amount and providing the same protection as would be required for bond hereunder. (Ord. No. 1736, Sec. 5)

(1) Deposit. The building inspector shall deposit all fees and deposits, and all bonds or insurance policies with the City Clerk.

(2) Return upon nonissuance. Upon his refusal to issue a permit the building inspector shall return to the applicant all deposits, bonds and insurance policies. Permit fees filed with the application shall not be returned.

(3) Return upon allowance for expense. After the building has been removed the building inspector shall furnish the City Manager with a written statement of all expenses incurred in removing and replacing all property belonging to the City, and of all material used in the making or the removal and replacement together with a statement of all damage caused to or inflicted upon property belonging to the City. The City Manager shall authorize the building inspector to return to the applicant all deposits after the City Clerk deducts the sum sufficient to pay for all of the costs and expenses and for all damage done to the property of the City by reason of the removal of the building. Permit fees deposited with the application shall not be returned. (Ord. 1736, Sec. 6)

(1) Use designated streets. Move a building only over streets designated for such use in the written permit.

(2) Notify of revised moving time. Notify the building inspector in writing of a desired change in moving date and hours as proposed in the application.

(3) Notify of damage. Notify the building inspector in writing of any and all damage done to property belonging to the City within 24 hours after the damage or injury has occurred.

(4) Display lights. Cause red lights to be displayed during the nighttime on every side of the building, while standing on a street, in such manner as to warn the public of the obstruction, and shall at all times erect and maintain barricades across the streets in such manner as to protect the public from damage or injury by reason of the removal of the building.

(5) Comply with governing law. Comply with the building code, the fire code, the zoning ordinances and all other applicable ordinances and laws upon relocating the building in the City.

(6) Pay expense of officer. Pay the expense of a traffic officer ordered by the City to accompany the movement of the building to protect the public from injury.

(7) Clear old premises. Remove all rubbish and materials and fill all excavations to existing grade at the original building site so that the premises are left in a safe and sanitary condition.

(8) Remove service connections. See that the sewer line is properly plugged, the water shut off, electricity disconnected and all meters returned to the City office. Permittee shall notify the gas and cable TV companies to remove their services. (Ord. No. 1736, Sec. 7)

(1) Enforcing officers. The building inspector, police department and City Manager shall enforce and carry out the requirements of this ordinance.

(2) Permittee liable for expense above deposit. The permittee shall be liable for any expense, damages or costs in excess of deposited amounts or securities, and the City Attorney shall prosecute an action against the permittee in a court of competent jurisdiction for the recovery of such excessive amounts.

(3) Premises left unsafe. The City shall proceed to do the work necessary to leaving the original premises in a safe and sanitary condition, where permittee does not comply with the requirements of this ordinance, and the cost thereof shall be charged against the general deposit. (Ord. No. 1736, Sec. 8)

There shall be no license issued or general permit given to anyone to move buildings at will or generally within the City. (Mun. Code, Sec. 10-603)

Buildings, other than modular buildings occupied for less than one (1) year and other buildings of new construction occupied for less than one (1) year, which are otherwise permitted to be moved shall not be moved to a destination within the zoning jurisdiction of the City of Lexington unless Special Use permit is granted by the City Council, after notice and public hearings before the Planning Commission and City Council in compliance with Sections 28-38 through 28-38.2.

For the purpose of this article, the following words and phrases shall have the meanings respectively ascribed to them:

Electric apparatus. All wires, wiring, materials, machinery, appliances, equipment, fixtures and apparatus used or designed to be used in the utilization of electricity when connected with a source of electromotive force for the purpose of producing light, heat or power.

Electrician. The person licensed under the provisions of this chapter to install electric apparatus.

Install, installed or installation. The construction and placing in position for service and use of any new electric apparatus, and the alteration, modification or repair of existing apparatus. (Ord. No. 1414, Sec. 1)

The 1996 Edition of the National Electrical Code (NFPA No. 70-1975), standard of the National Board of Fire Underwriters, as recommended by the National Fire Protection Association, and approved by the American Standards Association, is hereby adopted as the minimum standard for the installation of all electrical apparatus, wiring, devices and equipment within the City, except as otherwise specifically provided in this article, and the same is hereby made a part of this article as fully and to the same extent as if copied herein in full. At least one (1) copy of such Code shall be kept on file for public inspection in the office of the City Clerk. (Ord. No. 1943, Sec. 8; Ord. No. 2058, Sec. 4)

Subsequent editions or revisions of the electrical code adopted by the provisions
of this article shall be considered adopted and of full force and effect within the city upon the approval thereof by Resolution of the Council and the filing of a copy thereof in the office of the City Clerk. (Ord. No. 1943, Sec. 9)

All electric heat, light and power wires, fixtures, appliances, conductors, apparatus and their supports placed or installed in or upon any building or other structure in the City shall be in strict conformity with approved standards of construction for safety to life and property and in accordance with the provisions of this article; provided, that materials for wiring, appliances and equipment shall conform to the standards of the Underwriters Laboratories, Inc., and shall be prima facie evidence that the same comply with the provisions of this article. (Ord. No. 1414, Sec. 2)

The provisions of the Electrical Code adopted by the provisions of this article shall apply and be enforced in the unincorporated area two miles beyond and adjacent to the corporate boundaries of this City with the same force and effect as if such
outlying area were within the corporate boundaries of this City; except such provisions shall apply only to buildings on locations served by the city electrical system; and provided no such provisions shall be extended or applied so as to prohibit, prevent or interfere with the conduct of existing farming, livestock operations, business or industry. (Ord. No. 1414, Sec. 2)

Whenever in the opinion of the electrical inspector, a variation from the Electrical Code adopted by this article is consistent with public safety, a special permit in writing may be issued by him, permitting such variation, and prescribing specifically the method of installation that shall be followed. (Ord. No. 1414, Sec. 2)

It is hereby made the duty and responsibility of the city building official to enforce or direct and supervise the enforcement of this article and keep accurate records thereof. (Ord. No. 1414, Sec. 3)

No person shall install any electrical apparatus within the City without first obtaining a permit therefor from the electrical inspector except for minor repair work, such as repairing flash and snap switches, replacing fuses, changing lamp sockets and receptacles, taping bare joints and repairing drop cords. Fees for Electrical Inspection permits shall be assessed as provided in Section 6-2 of the Lexington City Code. (Ord. No. 1414, Sec. 3; Ord. No. 2058, Sec. 5)

All applications for permits required by this article shall be made on forms supplied by the City. An initial plan of the work shall be filed with the permit. If the initial plan of electrical work to be done under a permit complies in all respects with the provisions of this article, the electrical inspector shall issue a permit for the installation thereof. (Ord. No. 1414, Sec. 3)

No permit required by this article shall be issued unless the person intending to do the installation shall possess the proper class of electrician license issued by the state under the authority of section 81-571 et seq., of the Revised Statutes of Nebraska (1975 Supp.) for the class of electrical work planned to be done, except as noted in section 6-31. (Ord. No. 1414, Sec. 3)

The following acts, work and conduct shall be expressly permitted without being performed by a licensed electrician:

(a) Electrical work done by persons engaged by any public service company in the construction and maintenance of their public utility system.

(b) Electrical work done by any factory maintaining a competent electrical department making electrical installations upon their own premises.

(c) A permit is required, but a license is not for any owner of residential property who performs work upon premises that he owns and in which he resides. (Ord. No. 1414, Sec. 3)

No electric apparatus for the installation of which a permit is required by the provisions of this article shall be used until the same has been inspected and approved by the electrical inspector. (Ord. No. 1414, Sec. 3)

For each electrical inspection made under the provisions of this article, the person installing electrical wiring or apparatus shall pay fees for such inspection at the following rates:

(a) For wiring, rewiring or installation of apparatus in any building or location for which a concurrent building permit is required: Included in building permit fee.

(b) For wiring, rewiring or installation of apparatus in any building or location for which a building permit is not required: Seven dollars.

All fees for inspection shall be made payable to the City at the time of applying for the permit for installation. (Ord. No. 1943, Sec. 10)

It shall be the duty of the electrician installing any electrical apparatus under the provisions of this article to notify the electrical inspector of all electrical apparatus to be concealed in sufficient time for inspection of the same; and no electrical apparatus shall be concealed until inspected and approved by the inspector. (Ord. No. 1414, Sec. 3)

For State law as to the authority of the city to regulate the construction of buildings, see R.R.S. 1943, Sec. 18-132. As to housing authority, see Sec. 2-7 of this Code. As to fences, screen walls or plantings generally, see Ch. 9. As to numbering of buildings, see Secs. 24-20 to 24-25.

For state law as to authority of the City to regulate and prevent the moving of buildings through or upon city streets, see R.R.S. 1943, Sec. 16-210. As to the approval of moving of buildings by the electric department, see Sec. 8-21 of this code.