TITLE XV: LAND USAGE

Chapter

150. GENERAL PROVISIONS

151. BUILDING REGULATIONS

152. FLOOD HAZARD AREA

153. PLANNING

154. SUBDIVISIONS

155. ZONING

CHAPTER 150: GENERAL PROVISIONS

Section

150.01 Plans, maps and the like; municipal officials; duty

150.02 Comprehensive plan adopted

150.99 Penalty

' 150.01 PLANS, MAPS AND THE LIKE; MUNICIPAL OFFICIALS; DUTY.

A municipal official charged with the duty or responsibility of accepting or approving plans, specifications, geological maps and reports shall not accept or approve plans, specifications, geological maps or reports which have not been prepared in accordance with the Geologists Regulation Act. (1971 Code, ' 9-109) (Ord. 622, passed 10-12-1998; Ord. 637, passed 4-12-1999; Ord. 751, passed 11-8-2004) Statutory reference: Related provisions, see Neb. RS 81-3538

' 150.02 COMPREHENSIVE PLAN ADOPTED.

(A) Comprehensive Plan. The policy document shall be known as the Trenton Comprehensive Plan 2001 for the Village of Trenton, Hitchcock County, Nebraska, as per Neb. RS 19-903. The area of jurisdiction shall be all land within the corporate limits (boundaries) of the village and all area within one mile of the village limits. The Comprehensive Plan is published in book form and is adopted by reference as if fully set forth herein. The Comprehensive Plan is on file in the office of the Village Clerk and available for inspection by the public during business hours.

(B) Affordable Housing Plan and Profile. The policy document shall be known as the Trenton Affordable Housing Plan and Profile, 2001B2006 for the Village of Trenton, Hitchcock County, Nebraska, as a complement to the Comprehensive Plan. The Affordable Housing Plan and Profile is a policy guide intended to support current and future housing conditions and activities that will complement and improve the village. The Affordable Housing Plan and Profile is published in book form and is adopted by reference as if fully set forth herein. The Affordable Housing Plan and Profile is on file in the office of the Village Clerk and available for inspection by the public during business hours.

(C) Economic Redevelopment Plan. The policy document shall be known as the Trenton Economic Redevelopment Plan, 2001-2011 for the Village of Trenton, Hitchcock County, Nebraska, as a complement to the Comprehensive Plan. The Economic Redevelopment Plan is a policy guide intended to support current and future economic activities that will complement and improve the village. The Economic Redevelopment Plan is published in book form and is adopted by reference as if fully set forth herein. The Economic Redevelopment Plan is on file in the office of the Village Clerk and available for inspection by the public during business hours. (1971 Code, ' 11-601) (Ord. 674, passed 5-14-2001; Ord. 675, passed 5-14-2001)

' 150.99 PENALTY.

(A) It shall be unlawful for any person to fail to comply with the provisions of ' 150.01, and every person failing to comply with, or violating any of the provisions of ' 150.01 shall be deemed to be guilty of a misdemeanor, and upon conviction thereof, shall for each offense, be fined in any sum not exceeding $500. (1971 Code, ' 9-901)

(B) Any person, whether as owner, proprietor or as the agent, attorney or representative of any owner or proprietor of land who shall plat, or subdivide any tract of land within the corporate limits of the municipality, or adjoining, and contiguous to the same, except as herein authorized, or who shall sell, transfer, deed or convey, contract or agree to sell, transfer or offer for sale any lot, or piece of ground in any addition, or subdivision of three, or more parts within said corporate limits, or adjoining, and contiguous thereto, without having first obtained the acceptance, and approval of the plat, or map thereof by the governing body, and any person who shall violate, or who shall fail, neglect or refuse to comply with any of the provisions of ' 150.02, as now existing, or as hereafter amended, shall, upon conviction, be fined in any sum not exceeding $500. (1971 Code, ' 11-701)

CHAPTER 151: BUILDING REGULATIONS

Section

General Provisions

151.01 Trailers parked

151.02 Trailers; wheel removal

151.03 Unsafe buildings; special assessments

151.04 Unsafe buildings; determination and notice

Building Code; Building Regulations

151.20 Definitions

151.21 Building Code adopted

151.22 Prohibition of lead pipes, solder and flux

151.23 Light, ventilation and sanitation

151.24 Fire extinguishing apparatus

151.25 Stairs and exits

151.26 Special hazards

151.27 Metal buildings

Housing Regulations

151.40 Residential Code adopted

151.41 Area regulations

151.42 Minimum dwelling size

151.43 Minimum room sizes

151.44 Minimum floor space

151.45 Ceiling height

151.46 Basement

151.47 Exterior, roof and foundation

151.48 Interior floor, walls and ceiling

151.49 Stairs, porches and appurtenances

151.50 Bathroom floor

151.51 Dangerous dwelling

151.52 Sink

151.53 Water closet

151.54 Bath or shower

151.55 Hot water

151.56 Water heating facilities

151.57 Potable water

151.58 Means of exit

151.59 Windows

151.60 Ventilation

151.61 Heating facilities

151.62 Screens

151.63 Rodent screen

151.99 Penalty

GENERAL PROVISIONS

' 151.01 TRAILERS PARKED.

It shall be unlawful for any person to park or allow to be parked a trailer for business or residence purposes unless a permit to do so shall have been first issued by the Municipal Clerk. Application for a permit shall be made to the Municipal Clerk upon forms provided by him or her for that purpose, giving the name and residence of the applicant; the name and residence of the owner of the plot of ground upon which the trailer or trailers are to be located; the location and size of the grounds; a plat of the location; whether the trailer or trailers are to be modern with sewer and water connections; the proposed means of garbage disposal; the electric facilities available and any other building or buildings to be erected in connection therewith. Prior to the granting of a permit, the Board of Health shall investigate the premises to determine whether any of the health and sanitation ordinances prescribed by the municipality and the laws of the state will be violated. The Building Inspector shall make a similar inspection of the trailer to determine whether it meets the minimum standards for buildings and residential dwellings prescribed in this chapter and report his or her findings to the Board of Health who shall then recommend the granting or refusal of the permit. Upon the determination by the governing body that the granting of the permit would be beneficial to the municipality, it shall immediately direct the Municipal Clerk to issue the said permit upon the payment of a fee set by resolution of the governing body. The said permit shall be subject to revocation at any time for good and sufficient cause; provided, that notice is served on the person holding the permit giving the cause for revocation and allowing an appeal in not less than three days nor more than seven days after notice has been personally served before the governing body to show cause why the permit should not be revoked. It shall hereafter be unlawful for the owner, lessee or occupant of any private property to permit the owner or occupant of any trailer to locate the same on his or her private property. Each and every violation of this chapter shall be deemed to be a separate and distinct offense. Nothing herein shall be construed to apply to any trailer now parked and located on private property unless and until the said trailer is moved off that property and located on other property, or returned to the same property. (1971 Code, ' 9-701) Penalty, see ' 151.99

' 151.02 TRAILERS; WHEEL REMOVAL.

It shall be unlawful for the owner or operator of a public camp to remove or permit to be removed the wheels on any trailer or otherwise to permanently fix it to the ground without first obtaining a permit to do so from the Municipal Clerk. In the event that the permit is issued, the owner, lessee or occupant of the said trailer shall be required to conform and be subject to all requirements of the municipal code in respect to buildings. (1971 Code, ' 9-702) Penalty, see ' 151.99

' 151.03 UNSAFE BUILDINGS; SPECIAL ASSESSMENTS.

(A) If any owner of any building or structure fails, neglects or refuses to comply with notice by or on behalf of the municipality to repair, rehabilitate or demolish and remove a building or structure which is unsafe and a public nuisance, the municipality may proceed with the work specified in the notice to the property owner. A statement of the cost of such work shall be transmitted to the governing body.

(B) The governing body may:

(1) Levy the cost as a special assessment against the lot or real estate upon which the building or structure is located. Such special assessment shall be a lien on the real estate and shall be collected in the manner provided for special assessments; or

(2) Collect the cost from the owner of the building or structure and enforce the collection by civil action in any court of competent jurisdiction. (1971 Code, ' 9-801) (Ord. 483, passed 12-12-1990) Penalty, see ' 151.99 Statutory reference: Related provisions, see Neb. RS 18-1720, 18-1722, 18-1722.01, 77-1725

' 151.04 UNSAFE BUILDINGS; DETERMINATION AND NOTICE.

(A) Whenever the Utility Superintendent, the Fire Official, the Health Official, the Board of Health or the governing body shall be of the opinion that any building or structure of the village is an unsafe building, he, she or it shall file a written statement to this effect with the Village Clerk.

(B) The Clerk shall thereupon cause the property to be posted accordingly, and shall serve written notice upon the owner thereof, and upon the occupant thereof, if any, by certified mail or by personal service. Such notice shall state that the building has been declared to be in an unsafe condition; and that such dangerous condition must be removed or remedied by repairing or altering the building or by demolishing it; and that the condition must have begun to be remedied within 30 days from the date of receipt.

(C) In the event that the owner or person in possession of such building is unable to be found, the Village Clerk, the Utility Superintendent, the Fire Official, the Health Official, the Board of Health or the governing body shall forward notice by registered mail to the owner of record at his or her last known address, and in addition thereto, shall post in a conspicuous place upon such building a printed notice that the building has been declared to be in a dangerous condition and has been condemned by the Utility Superintendent, the Fire Official, the Health Official, the Board of Health or the governing body.

(D) It shall be unlawful to remove the said notice. In the event that the owner, agent or person in possession shall fail, neglect or refuse to put the building in a safe condition within the time specified in the notice, the governing body may order the Utility Superintendent to proceed to cause the work to be done and the costs thereof shall be assessed and levied as a lien against the property. (Ord. 785, passed 5-12-2015) Penalty, see ' 151.99

BUILDING CODE; BUILDING REGULATIONS

' 151.20 DEFINITIONS.

For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

ALTERATION. Any change, addition or modification in construction.

APARTMENT. A room or suite of rooms which is occupied, or which is intended to be occupied by one family for living and sleeping purposes.

APARTMENT HOUSE. Any building or portion thereof which is designated, built, rented, hired out to be occupied, or which is occupied as the home or residence of two or more families living independently of each other and doing their own cooking.

APPROVED. As applied to materials and types of construction, refers to approval by the Building Inspector as the result of investigation and tests conducted by him or her, or by reason of accepted principles or tests by technical or scientific authorities.

ATTIC. Any story, situated wholly or partially in the roof and built for storage purposes and shall not be considered to be habitable as herein defined.

BASEMENT. The portion of the building partly underground and having at least half of its clear height below the average grade of the adjoining ground.

BUILDING. Any structure built for human habitation, or business purposes, but not structures used solely for the storage of tangible personal property.

BUILDING INSPECTOR. The officer charged with the administration and enforcement of this Code, or his regularly authorized assistant.

DWELLING. Any structure or portion thereof which is not an apartment house or hotel and which is used for human habitation purposes, or business purposes.

DWELLING UNIT. Any room or group of rooms located within a dwelling and forming a single habitable unit with living, sleeping, cooking and eating facilities.

OCCUPANT. Includes the person living, sleeping, eating in or in possession of a dwelling unit, a dwelling, or building.

OWNER. Includes the holder of legal or equitable title in the premises, whether alone or jointly with others, and whether in possession or not, or any person having charge of any dwelling, dwelling unit or building as the agent of the owner as executor, administrator, trustee or guardian of the estate of the owner.

PERSON. Includes any individual, firm, corporation, association, partnership or trust.

PLUMBING. Includes all of the following supplied facilities and equipment: gas pipes, gas-burning equipment, water pipes, garbage disposal units, waste pipes, water closets, sinks, dishwashers, lavatories, bathtubs, shower baths, clothes-washing machines, catch basins, drains, vents and any other fixture together with all connections to water, sewer or gas lines.

REPAIR. The reconstruction or renewal of any part of an existing building for the purpose of its maintenance. The term REPAIR shall not apply to any change in construction.

SUPPLIED. Paid for, furnished, provided by or under the control of the owner.

TEMPORARY HOUSING. A tent, trailer or other structure used for human shelter which is designed to be transportable and which is not attached to the ground by a permanent and substantial foundation. (1971 Code, ' 9-200) (Ord. 555, passed 8-12-1996)

' 151.21 BUILDING CODE ADOPTED.

(A) There is hereby created the state building code. The legislature adopts by reference:

(1) The International Building Code (IBC), chapter 13 of the 2009 edition, and all bus such chapter of the 2012 edition, published by the International Code Council;

(2) The International Residential Code (IRC), chapter 11 of the 2009edition, and all bus such chapter of the 2012 edition, except section R313, published by the International Code Council; and

(3) The International Existing Building Code, 2012 edition, published by the International Code Council.

(B) The codes adopted by reference in division (A) above shall constitute the state building code except as amended pursuant to the Building Construction Act or as otherwise authorized by state law. (Neb. RS 71-6403)

(C) The remaining sections of this subchapter are not expressly repealed by this section. If they provide more stringent standards than the Building Code, these sections shall be controlling in case of conflict. If the Building Code adopted by this section provides more stringent standards, it will be controlling. (1971 Code, ' 9-301) (Ord. 734, passed 2-9-2004) Penalty, see ' 151.99

' 151.22 PROHIBITION OF LEAD PIPES, SOLDER AND FLUX.

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

(B) For purposes of this section, LEAD-FREE shall mean:

(1) Solders and flux: not more than 0.2% lead; and

(2) Pipe and pipe fittings: not more than 8% lead. (1971 Code, ' 9-301.01) (Ord. 449, passed 5-9-1988) Penalty, see ' 151.99 Statutory reference: Related provisions, see Neb. RS 71-5301

' 151.23 LIGHT, VENTILATION AND SANITATION.

All dwellings shall be adequately provided with light and ventilation by means of windows or skylights, or shall be provided with artificial light and a mechanically operated ventilating system. In no case shall less than four changes of air per hour be provided. Every dwelling shall be supplied with at least one toilet. (1971 Code, ' 9-302) (Ord. 555, passed 8-12-1996) Penalty, see ' 151.99

' 151.24 FIRE EXTINGUISHING APPARATUS.

All buildings shall be equipped with hand fire extinguishers or automatic sprinklers for the purpose of firefighting. (1971 Code, ' 9-303) Penalty, see ' 151.99

' 151.25 STAIRS AND EXITS.

No building shall have less than two means of egress from each story, including basements or cellars, unless such basements or cellars are used for heating apparatus only in which case only one exit shall be required. (1971 Code, ' 9-304) Penalty, see ' 151.99

' 151.26 SPECIAL HAZARDS.

(A) All doors leading into rooms in which volatile inflammable liquids are used shall be of not less than one hour fire-resistive construction and with fusible links and so arranged so as to be self-closing when released.

(B) Floors in such establishments shall be of fire-resistant construction or protected with incombustible materials. (1971 Code, ' 9-305) Penalty, see ' 151.99

' 151.27 METAL BUILDINGS.

All metal buildings hereafter erected within the municipality in any residential area shall be constructed only of colored painted or baked enamel finished metal. No such building shall be allowed to fall into disrepair and the finish of such building shall be maintained and replaced or repaired when necessary. Any metal building erected or maintained in a manner which does not meet the standards of this section is hereby declared a nuisance and shall be repaired or removed. (1971 Code, ' 9-306) Penalty, see ' 151.99

HOUSING REGULATIONS

' 151.40 RESIDENTIAL CODE ADOPTED.

(A) There is hereby created the state building code. The legislature adopts by reference:

(1) The International Building Code (IBC), chapter 13 of the 2009 edition, and all bus such chapter of the 2012 edition, published by the International Code Council;

(2) The International Residential Code (IRC), chapter 11 of the 2009edition, and all bus such chapter of the 2012 edition, except section R313, published by the International Code Council; and

(3) The International Existing Building Code, 2012 edition, published by the International Code Council.

(B) The codes adopted by reference in division (A) above shall constitute the state building code except as amended pursuant to the Building Construction Act or as otherwise authorized by state law. (Neb. RS 71-6403)

(C) The remaining sections of this subchapter are not expressly repealed by this section. If they provide more stringent standards than the Residential Code, these sections shall be controlling in case of conflict. If the Residential Code adopted by this section provides more stringent standards, it will be controlling. (1971 Code, ' 9-401) (Ord. 734, passed 2-9-2004) Penalty, see ' 151.99

' 151.41 AREA REGULATIONS.

It shall be unlawful to build any residence or dwelling of any type nearer than 20 feet to the lot line of the fronting street, or nearer the adjacent lots than the average distance from the lot lines of other dwellings already constructed in the same block, and if there are no other dwellings in the block, then no nearer than seven feet to the said lot lines. (1971 Code, ' 9-402) Penalty, see ' 151.99

' 151.42 MINIMUM DWELLING SIZE.

No person shall construct or relocate into the municipality for residence purposes any dwelling which shall occupy a minimum area of less than 1,000 square feet of ground; provided, if the said building shall have more than one story, or shall have a basement with a minimum of 100 square feet of floor space, the said dwelling will be required to occupy a minimum of 700 square feet. (1971 Code, ' 9-403) Penalty, see ' 151.99

' 151.43 MINIMUM ROOM SIZES.

No person shall use a dwelling for residence purposes that does not meet the minimum requirements for residence units as hereinafter defined. Living, dining and cooking when in one room, including such area as may be occupied by equipment and fixtures, shall include at least 260 square feet of floor space. Living and dining in one room shall include at least 240 square feet of floor space. A living room shall include at least 200 square feet of floor space. A room used for dining and cooking shall include at least 150 square feet of floor space. The major bedroom shall include at least 140 square feet of floor space. Any additional habitable room, or rooms, shall occupy at least 100 square feet of floor space. A combination kitchen and utility room shall occupy a minimum area of 180 square feet of floor space. Nothing herein shall be construed to apply to any dwelling located in the municipality at the time of the passage of the Municipal Code. (1971 Code, ' 9-404) Penalty, see ' 151.99

' 151.44 MINIMUM FLOOR SPACE.

Every dwelling unit shall contain at least 150 square feet of floor space for each occupant thereof. Such floor space shall be calculated on the basis of total habitable room area. (1971 Code, ' 9-405) Penalty, see ' 151.99

' 151.45 CEILING HEIGHT.

At least one-half of the floor area of every habitable room shall have a ceiling height of at least seven feet and the floor area of that part of any room where the ceiling height is less than five feet shall not be considered as part of the floor area in computing the total area of the room for the purpose of determining the maximum permissible occupancy of the dwelling unit. (1971 Code, ' 9-406) Penalty, see ' 151.99

' 151.46 BASEMENT.

(A) No basement shall be used or considered as a habitable room or dwelling unit, except when the Building Inspector shall declare it to be habitable in writing.

(B) Any basement declared to be habitable shall be impervious to leakage of underground and surface runoff water, insulated against dampness, have a total window area which is equal to at least the minimum window area sizes as prescribed heretofore, have adequate ventilation from windows or mechanical devices and have adequate exits. (1971 Code, ' 9-407) Penalty, see ' 151.99

' 151.47 EXTERIOR, ROOF AND FOUNDATION.

The foundation, exterior wall and exterior roof shall be weather-tight, water-tight and rodent-proof. All exterior walls shall be made impervious to the adverse effects of weather by the periodic application of paint, or a similar protective coating, and shall be kept in good repair. All foundation walls and the exterior roof shall be maintained in such a way as not to be a danger to the health and safety of the occupants, and shall be capable of supporting the load which normal use may cause to be placed thereon. (1971 Code, ' 9-408) Penalty, see ' 151.99

' 151.48 INTERIOR FLOOR, WALLS AND CEILING.

Every interior floor, wall and ceiling shall be substantially rodent-proof and shall be kept in sound condition and good repair. The floor shall be capable of supporting any load which normal use may cause to be placed thereon. (1971 Code, ' 9-409) Penalty, see ' 151.99

' 151.49 STAIRS, PORCHES AND APPURTENANCES.

Outside and inside stairs, porches and any appurtenance thereto shall be safe to use and capable of supporting the load that normal use may cause to be placed thereon. They shall be at all times in good and sound condition. (1971 Code, ' 9-410) Penalty, see ' 151.99

' 151.50 BATHROOM FLOOR.

The bathroom floor and the floor of the water closet compartment shall be constructed and maintained so as to be substantially impervious to water and in such a way as to permit the floor to be easily kept in a clean and sanitary condition. (1971 Code, ' 9-411) Penalty, see ' 151.99

' 151.51 DANGEROUS DWELLING.

Any dwelling that is dangerous to the public health and safety because of its condition, faulty construction, age, lack of proper repair, lack of doors and windows, lack of a permanent, enclosed and substantial foundation, is especially susceptible to fire, creates and constitutes a fire hazard, aids in the spread of disease, harbors animals and pests, or is liable to otherwise cause injury or damage is hereby declared to be a nuisance and shall be deemed to be in violation of the Municipal Housing Code. (1971 Code, ' 9-412) Penalty, see ' 151.99

' 151.52 SINK.

Every dwelling unit shall contain a kitchen sink of non-porous material in good working condition and properly connected to the water and sewer systems. (1971 Code, ' 9-413) Penalty, see ' 151.99

' 151.53 WATER CLOSET.

Every dwelling unit shall contain a room which affords privacy to a person within such room and which is equipped with a flush water closet and a lavatory basin in good working condition and properly connected to the water and sewer systems. (1971 Code, ' 9-414) Penalty, see ' 151.99

' 151.54 BATH OR SHOWER.

Every dwelling unit shall contain within a room which affords privacy to any person within the said room a bathtub or shower in good working condition and properly connected to the water and sewer systems. (1971 Code, ' 9-415) Penalty, see ' 151.99

' 151.55 HOT WATER.

Every kitchen sink, lavatory basin and bathtub or shower required under the provisions of this Housing Code shall be properly connected with both hot and cold water lines. (1971 Code, ' 9-416) Penalty, see ' 151.99

' 151.56 WATER HEATING FACILITIES.

Every dwelling shall have water heating facilities which are property installed, maintained in good working condition, are properly connected with the hot water lines, and are capable of heating water to such a temperature as to permit an adequate amount of water to be drawn at every outlet at a temperature of not less than 120?F. (1971 Code, ' 9-417) Penalty, see ' 151.99

' 151.57 POTABLE WATER.

Every dwelling unit shall be supplied with a potable water supply. An adequate water supply and pressure shall be required at all hot and cold water outlets. (1971 Code, ' 9-418) Penalty, see ' 151.99

' 151.58 MEANS OF EXIT.

Every dwelling unit shall have a safe and unobstructed means of exit leading to an open space at ground level. (1971 Code, ' 9-419) Penalty, see ' 151.99

' 151.59 WINDOWS.

Every habitable room shall have at least one window or skylight facing directly to the outdoors. The minimum total window area, measured between stops, for every habitable room shall be 10% of the floor area. Whenever walls or other portions of a structure face a window of any room and such obstructions are located less than three feet from the window and extend to a level above that of the ceiling of the room, such a window shall not be deemed to face directly to the outdoors and shall not be included as contributing to the required minimum total window area. In the event that the only window in a room is a skylight-type window in the top of such room, the total window area of such slight shall equal at least 15% of the total floor area of such room. (1971 Code, ' 9-420) Penalty, see ' 151.99

' 151.60 VENTILATION.

Every habitable room shall have at least one window or skylight which can be easily opened, or such other device as will adequately ventilate the room. The total area of window ventilation in each habitable room shall be equal to at least 45% of the minimum window area size or minimum skylight-type window size, as required hereinbefore, except where there is installed a mechanical and automatic device affording adequate ventilation and approved by the Building Inspector. (1971 Code, ' 9-421) Penalty, see ' 151.99

' 151.61 HEATING FACILITIES.

Every dwelling shall have heating facilities which are properly installed and maintained in safe and good working condition, and are capable of heating all habitable rooms, bathrooms and water closets in every dwelling unit located therein to a temperature of 70?F at a distance three feet above floor level at all times. (1971 Code, ' 9-422) Penalty, see ' 151.99

' 151.62 SCREENS.

All dwelling units shall be supplied screens for each door and window directly opening to the outdoor space. Screen doors shall be equipped with a self-closing device. (1971 Code, ' 9-423) Penalty, see ' 151.99

' 151.63 RODENT SCREEN.

Every basement or cellar window used or constructed to be used for ventilation, and every other opening to a basement which might provide an entry for rodents shall be supplied with a screen or such other device as will effectively prevent their entrance. (1971 Code, ' 9-424) Penalty, see ' 151.99

' 151.99 PENALTY.

(A) Any person violating any provision of this chapter for which no specific penalty is prescribed shall be subject to ' 10.99.

(B) Any person, whether as owner, proprietor or as the agent, attorney or representative of any owner or proprietor of land who shall plat, or subdivide any tract of land within the corporate limits of the municipality, or adjoining, and contiguous to the same, except as herein authorized, or who shall sell, transfer, deed or convey, contract or agree to sell, transfer or offer for sale any lot, or piece of ground in any addition, or subdivision of three, or more parts within said corporate limits, or adjoining, and contiguous thereto, without having first obtained the acceptance, and approval of the plat, or map thereof by the governing body. (1971 Code, ' 11-701)

CHAPTER 152: FLOOD HAZARD AREA

Section

152.01 Definitions

152.02 Enforcement

152.03 Map

152.04 Permit required

152.05 Construction; review of application by Zoning Administrator

152.06 Construction; review by governing body

152.07 New water and sewer systems

152.08 Flood-carrying capacity

152.09 Conflicting ordinances

152.99 Penalty

' 152.01 DEFINITIONS.

For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

DEVELOPMENT. Any human-made change to improved or unimproved real estate, including, but not limited to, buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations.

FLOOD. A general and temporary condition of partial or complete inundation of normally dry land areas from:

(1) The overflow of inland or tidal waters; and

(2) The unusual and rapid accumulation or runoff of surface waters from any source.

FLOODPROOFING. Any combination of structural and nonstructural additions, changes or adjustments to structures which reduce or eliminate flood damage to real estate or improved real property, water and sanitary facilities structures and their contents.

MANUFACTURED HOME. A structure, transportable in one or more sections, which is built on a permanent chassis and designed to be used with or without a permanent foundation when connected to the required utilities. For floodplain management purposes, the term MANUFACTURED HOME also includes park trailers, travel trailers and other similar vehicles placed on a site for greater than 180 consecutive days. For insurance purposes, the term MANUFACTURED HOME does not include park trailers, travel trailers and other similar vehicles.

MANUFACTURED HOME PARK or MOBILE HOME SUBDIVISION. A parcel (or contiguous parcels) of land which has been divided into two or more manufactured home lots for rent or sale.

REGULATORY ELEVATION. The water surface elevation of the 100-year flood.

SPECIAL FLOOD HAZARD AREA. The land within a community subject to a 1% or greater chance of flooding in any given year. This land is identified as ZONE A on the official map.

STRUCTURE. A walled and roofed building that is principally above ground, as well as a manufactured home, and a gas or liquid storage tank that is principally above the ground.

SUBSTANTIAL IMPROVEMENT.

(1) Any repair, reconstruction or improvement of a structure, the cost of which equals or exceeds 50% of the market value of the structure either:

(a) Before the improvement is started; or

(b) If the structure has been damaged and is being restored before the damage occurred.

(2) For the purposes of this definition, SUBSTANTIAL IMPROVEMENT is considered to occur when the first alteration of any wall, ceiling, floor or other structural part of the building commences whether or not that alterations affects the external dimensions of the structure. The term does not, however, include any alteration to comply with existing state or local health, sanitary, building or safety codes or regulations as well as structures listed in national or state registers of historic places.

100-YEAR FLOOD. The condition of flooding having a 1% chance of annual occurrence.

(1971 Code, ' 11-509) (Ord. 406, passed 4-8-1985; Ord. 595, passed 8-10-1998)

' 152.02 ENFORCEMENT.

(A) The Zoning Administrator hereby has these added responsibilities and is authorized and directed to enforce all the provisions of this chapter and all other ordinances of the village, now in force or hereafter adopted, relating to zoning, subdivision or building codes.

(B) The Zoning Administrator shall be appointed to these additional responsibilities by resolution of the governing body and his or her appointment shall continue during good behavior and satisfactory service. During temporary absence or disability of the Zoning Administrator, the governing body of the village shall designate an acting enforcement official. (1971 Code, ' 11-501) (Ord. 406, passed 4-8-1985; Ord. 595, passed 8-10-1998)

' 152.03 MAP.

The governing body of the village hereby designates the current flood hazard boundary map/flood insurance rate map, and amendments, as the official map to be used in determining those areas of special flood hazard. (1971 Code, ' 11-502) (Ord. 406, passed 4-8-1985; Ord. 595, passed 8-10-1998)

' 152.04 PERMIT REQUIRED.

No person, firm or corporation shall erect, construct, enlarge or improve any building or structure in the village or cause the same to be done without first obtaining a separate development permit for each building or structure.

(A) Within Zone(s) A on the official map, separate development permits are required for all new construction, substantial improvements and other developments, including the placement of manufactured homes.

(B) To obtain a permit, the applicant shall first file an application therefor in writing on a form furnished for that purpose; every such application shall:

(1) Identify and describe the work to be covered by the permit for which application is made;

(2) Describe the land on which the proposed work is to be done by lot, block, tract and house and street address, or similar description that will readily identify and definitely locate the proposed building or work;

(3) Indicate the use or occupancy for which the proposed work is intended;

(4) Be accompanied by plans and specifications for proposed construction;

(5) Be signed by the permittee or his authorized agent who may be required to submit evidence to indicate such authority;

(6) Within designated flood prone areas, be accompanied by elevations (in relation to mean sea level) of the lowest floor including basement or in the case of floodproofed nonresidential structures, the elevation to which it has been floodproofed. Documentation or certification of such elevations will be maintained by the Zoning Administrator; and

(7) Give such other information as reasonably may be required by the Zoning Administrator. (1971 Code, ' 11-503) (Ord. 406, passed 4-8-1985; Ord. 431, passed 6-8-1987; Ord. 432, passed 7-13-1987; Ord. 595, passed 8-10-1998) Penalty, see ' 152.99

' 152.05 CONSTRUCTION; REVIEW OF APPLICATION BY ZONING

ADMINISTRATOR.

(A) The Zoning Administrator shall review all development permit applications to determine if the site of the proposed development is reasonably safe from flooding and that all necessary permits have been received as required by federal or state law.

(B) The Zoning Administrator shall, in reviewing all applications for new construction, substantial improvements, prefabricated buildings, placement of manufactured homes and other developments) (as defined in ' 152.01):

(1) Obtain review and reasonably utilize, if available, any regulatory flood elevation data from federal, state or other sources, until such other data is provided by the Federal Insurance Administration in a flood insurance study; and require within areas designated as Zone A on the official map that the following performance standards be met.

(a) Residential construction. New construction or substantial improvement of any residential structure shall have the lowest floor, including basement, elevated one foot above the base flood elevation.

(b) Nonresidential construction. New construction or substantial improvement of any commercial, industrial or other nonresidential structure shall either have the lowest floor, including basement, elevated one foot above the base flood elevation or, together with attendant utility and sanitary facilities, be floodproofed so that below such a level the structure is water-tight with walls substantially impermeable to the passage of water and with structural components having the capability of resisting hydrostatic and hydrodynamic loads and effects of buoyancy. A registered professional engineer or architect shall certify that the standards of this subsection are satisfied. Such certification shall be provided to the local enforcement official.

(c) Require for all new construction and substantial improvements. That fully enclosed areas below the lowest floor that are subject to flooding shall be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of flood waters. Designs for meeting this requirement must either be certified by a registered professional engineer or architect or meet or exceed the following minimum criteria: a minimum of two openings having a total net area of not less than one square inch for every square foot of enclosed area subject to flooding shall be provided. The bottom of all openings shall be no higher than one foot above grade. Openings may be equipped with screen, louvers, valves or other coverings or devices provided that they permit the automatic entry and exit of flood waters.

(2) Require the use of construction materials that are resistant to flood damage;

(3) Require the use of construction methods and practices that will minimize flood damage;

(4) Require that new structures be designed (or modified) and adequately anchored to prevent flotation, collapse or lateral movement of the structure resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy;

(5) New structures be constructed with electrical, heating, ventilation, plumbing and air conditioning equipment and other service facilities that are designed and/or located so as to prevent water from entering or accumulating within the components during conditions of flooding;

(6) Assure that all manufactured homes shall be anchored to resist flotation, collapse or lateral movement. Manufactured homes must be anchored in accordance with state laws, local building codes and FEMA guidelines. In the event that over-the-top frame ties to ground anchors are used, the following specific requirements (or their equivalent) shall be met.

(a) Over-the-top ties be provided at each of the four corners of the manufactured home with two additional ties per side at the intermediate locations and manufactured homes less than 50 feet long requiring one additional tie per side.

(b) Frame ties be provided at each corner of the home with five additional ties per side at intermediate points and manufactured homes less than 50 feet long requiring four additional ties per side.

(c) All components of the anchoring system be capable of carrying a force of 4,800 pounds.

(d) Any additions to manufactured homes be similarly anchored.

(7) Require that all manufactured homes to be placed within Zones A1-30, AH and AE on the community=s FIRM be elevated on a permanent foundation such that the lowest floor of the manufactured home is one foot above the base flood elevation; and be securely anchored to an adequately anchored foundation system in accordance with the provisions of division (B)(6) above. (1971 Code, ' 11-504) (Ord. 406, passed 4-8-1985; Ord. 431, passed 6-8-1987; Ord. 432, passed 7-13-1987; Ord. 595, passed 8-10-1998) Penalty, see ' 152.99

' 152.06 CONSTRUCTION; REVIEW BY GOVERNING BODY.

The governing body of the village shall review all subdivision applications and other proposed new development including manufactured home parks and subdivisions, and shall make findings of fact and assure that:

(A) All such proposed developments are consistent with the need to minimize flood damage;

(B) Subdivision proposals and other proposed new development including proposals for manufactured home parks and subdivisions greater than five acres or 50 lots, whichever is lesser, include within such proposals regulatory flood elevation data in areas designated Zone A;

(C) Adequate drainage is provided so as to reduce exposure to flood hazards; and

(D) All public utilities and facilities are located so as to minimize or eliminate flood damage. (1971 Code, ' 11-505) (Ord. 406, passed 4-8-1985; Ord. 431, passed 6-8-1987; Ord. 432, passed 7-13-1987; Ord. 595, passed 8-10-1998) Penalty, see ' 152.99

' 152.07 NEW WATER AND SEWER SYSTEMS.

New and replacement water and sewer systems shall be constructed to eliminate or minimize infiltration by, or discharge into flood waters. Moreover, on-site waste disposal systems will be designed to avoid impairment or contamination during flooding. (1971 Code, ' 11-506) (Ord. 406, passed 4-8-1985; Ord. 595, passed 8-10-1998) Penalty, see ' 152.99

' 152.08 FLOOD CARRYING CAPACITY.

(A) The governing body of the village will ensure that the flood-carrying capacity within the altered or relocated portion of any watercourse is maintained.

(B) The village will notify, in riverine situations, adjacent communities and the state coordinating office prior to any alteration or relocation of any watercourse, and submit copies of such notifications to the Federal Emergency Management Agency.

(C) Moreover, the village will work with appropriate state and federal agencies in every way possible in complying with the National Flood Insurance Program in accordance with the National Flood Disaster Protection Act of 1973. (1971 Code, ' 11-507) (Ord. 406, passed 4-8-1985; Ord. 595, passed 8-10-1998) Penalty, see ' 152.99

' 152.09 CONFLICTING ORDINANCES.

This chapter shall take precedence over conflicting ordinances or parts of ordinances. The governing body of the village may, from time to time, amend this chapter to reflect any and all changes in the National Flood Disaster Protection Act of 1973. The regulations of this chapter are in compliance with the National Flood Insurance Program Regulations as published in C.F.R. Title 44. (1971 Code, ' 11-508) (Ord. 406, passed 4-8-1985; Ord. 431, passed 6-8-1987; Ord. 595, passed 8-10-1998)

' 152.99 PENALTY.

(A) Any person violating any provision of this chapter for which no specific penalty is prescribed shall be subject to ' 10.99.

(B) Any person, whether as owner, proprietor or as the agent, attorney or representative of any owner or proprietor of land who shall plat, or subdivide any tract of land within the corporate limits of the municipality, or adjoining, and contiguous to the same, except as herein authorized, or who shall sell, transfer, deed or convey, contract or agree to sell, transfer or offer for sale any lot, or piece of ground in any addition, or subdivision of three, or more parts within said corporate limits, or adjoining, and contiguous thereto, without having first obtained the acceptance, and approval of the plat, or map thereof by the governing body. (1971 Code, ' 11-701)

CHAPTER 153: PLANNING

Section

General Provisions

153.01 Municipal planning defined

153.02 Designation of extraterritorial jurisdiction

Additions

153.15 Original plats

153.16 Subdivisions and additions permitted

153.17 Streets and alleys

153.18 Survey and plat

153.19 Approval of plat

153.20 Incorporation into municipality

153.99 Penalty

GENERAL PROVISIONS

' 153.01 MUNICIPAL PLANNING DEFINED.

All additions, lots, lands, subdivisions and parcels of ground included within the official municipal map and plat, a copy of which is included herein, having been by act or ordinance of the governing body or by law duly annexed to or made a part of this municipality, or having been by the act, authority, acquiescence, consent, platting and dedication of their respective owners, created either as the original town site or as additions to the municipality, are hereby declared to be within the corporate limits of the municipality. Lawfully constituted additions or changes in said municipal limits shall be indicated upon said maps and plat by the Municipal Engineer after such addition or change has been completed in accordance with the ordinances of this municipality or the state. (1971 Code, ' 11-101)

' 153.02 DESIGNATION OF EXTRATERRITORIAL JURISDICTION.

The territory located within one mile of the corporate limits of the village is hereby designated as the village=s extraterritorial jurisdiction for the purpose of exercising the powers and duties granted by Neb. RS 17-1002 and 17-1003 with respect to subdivisions and platting and Neb. RS 19-2402 with respect to extension of water or sanitary sewer service. The boundaries of the territory so designated shall be as shown on the official zoning map, a copy of which is on file and available for public inspection in the office of the Village Clerk. (1971 Code, ' 11-102) (Ord. 707, passed 10-14-2002) Statutory reference: Related provisions, see Neb. RS 17-1002

ADDITIONS

' 153.15 ORIGINAL PLATS.

Each and all plats, lots, blocks, additions, subdivisions, outlots and parcels of ground included within the corporate limits of the municipality and not vacated of record prior to the enactment of this chapter, including the original plat of the municipality, are hereby accepted, approved and confirmed as valid, and each and all of said lots, blocks, additions, subdivisions and outlots as heretofore platted and recorded in the office of the County Register of Deeds and not heretofore vacated and all other parcels of ground, included within said corporate limits are hereby declared to be within said municipality and an integral part thereof. (1971 Code, ' 11-201)

' 153.16 SUBDIVISIONS AND ADDITIONS PERMITTED.

The proprietor or proprietors of any land within the corporate limits of the village, or of any land within the area designated as the village=s extraterritorial jurisdiction pursuant to Neb. RS 17-1002, may lay out such land into lots, blocks, streets, avenues, alleys and other grounds under the name of _________. Addition to the village and may subdivide, plat or lay out any such land upon conformance to and compliance with the conditions in this code and state law. (1971 Code, ' 11-202) (Ord. 708, passed 10-14-2002) Statutory reference: Related provisions, see Neb. RS 19-916

' 153.17 STREETS AND ALLEYS.

Streets and alleys laid out in any addition to the municipality shall be continuous with and correspond to direction and width to the streets and alleys of the municipality to which they are an addition. (1971 Code, ' 11-203) Statutory reference: Related provisions, see Neb. RS 17-418

' 153.18 SURVEY AND PLAT.

(A) The owner or proprietor of any tract or parcel of land who shall subdivide the same into two or more parts for the purpose of laying out any addition to the village or any part thereof, or suburban lots, shall cause a plat of such subdivision, with references to known or permanent monuments, to be made, which shall accurately describe all subdivisions of such tract or parcel of land, numbering the same by progressive numbers, and giving the dimensions and length and breadth thereof, and the breadth and courses of all streets and alleys established therein.

(B) The map or plat of land within the corporate limits of the village or of any land within the area designated as the village=s extraterritorial jurisdiction pursuant to Neb. RS 17-1002 shall designate explicitly the land so laid out and particularly describe the lots, blocks, streets, avenues, alleys and other grounds belonging to such addition.

(1) The lots shall be designated by numbers, and streets, avenues and other grounds, by names or numbers.

(2) Such plat shall be acknowledged before some other officer authorized to take the acknowledgments of deeds, and shall contain a dedication of the streets, alleys and public grounds therein to the use and benefit of the public, and have appended a survey made by some competent surveyor with a certificate attached, certifying that he or she has accurately surveyed such addition and that the lots, blocks, streets, avenues, alleys, parks, commons and other grounds are well and accurately staked off and marked.

(3) When such map or plat is so made out, acknowledged and certified, and has been approved by the Board of Trustees, the same shall be filed and recorded in the office of the Register of Deeds and County Assessor. (1971 Code, ' 11-204) (Ord. 709, passed 10-14-2002) Statutory reference: Related provisions, see Neb. RS 17-415, 19-916

' 153.19 APPROVAL OF PLAT.

(A) Before any such map or plat shall have any validity, it must first be submitted to and be approved and accepted by the governing body of the municipality; or by its designated agent when the subdivision is of existing lots and blocks, where all required public improvements have been installed, no new dedication of public rights-of-way or easements are involved, and the subdivision complies with requirements concerning minimum areas and dimensions of such lots and blocks.

(B) Where the county has both adopted a comprehensive development plan and is enforcing subdivision regulations, and the proposed subdivision plat both contemplates public streets or improvements, and lies partially or totally within the extraterritorial subdivision jurisdiction being exercised by the county, then the County Planning Commission shall be given four weeks to officially comment on the appropriateness of the design and improvements proposed in the plat.

(C) (1) The review period for the Commission shall run concurrently with subdivision review activities of the municipality after the Commission receives all available material for a proposed subdivision plat.

(2) The map or plat must have such acceptance and such acceptance and approval endorsed thereon; provided, that before any such map, or plat shall be considered, approved or accepted, the owner, or proprietor shall pay, or cause to be paid, all taxes, special taxes and special assessments due thereon, and shall produce a certificate showing that all such taxes and assessments have been paid or cancelled. (1971 Code, ' 11-207) (Ord. 329, passed 9-11-1978; Ord. 395, passed 11-14-1983) Statutory reference: Related provisions, see Neb. RS 17-405,17-1002, 19-902, 19-916

' 153.20 INCORPORATION INTO MUNICIPALITY.

(A) (1) All additions to the village laid out and previously located within the corporate boundaries of the village shall remain a part of the village.

(2) All additions laid out adjoining or contiguous to the corporate limits may be included within the corporate limits and become a part of the village for all purposes whatsoever at such time as the addition is approved as provided in Neb. RS 19-916.

(B) If the Board of Trustees includes the addition within the corporate limits, the inhabitants of such addition shall be entitled to all the rights and privileges and shall be subject to all the laws, ordinances, rules and regulations of the village. (1971 Code, ' 11-209) (Ord. 710, passed 10-14-2002) Statutory reference: Related provisions, see Neb. RS 19-916

' 153.99 PENALTY.

(A) Any person violating any provision of this chapter for which no specific penalty is prescribed shall be subject to ' 10.99.

(B) Any person, whether as owner, proprietor or as the agent, attorney or representative of any owner or proprietor of land who shall plat, or subdivide any tract of land within the corporate limits of the municipality, or adjoining, and contiguous to the same, except as herein authorized, or who shall sell, transfer, deed or convey, contract or agree to sell, transfer or offer for sale any lot, or piece of ground in any addition, or subdivision of three, or more parts within said corporate limits, or adjoining, and contiguous thereto, without having first obtained the acceptance, and approval of the plat, or map thereof by the governing body. (1971 Code, ' 11-701)

CHAPTER 154: SUBDIVISIONS

Section

154.01 Subdivision regulations adopted

154.99 Penalty

' 154.01 SUBDIVISION REGULATIONS ADOPTED.

(A) Ord. 331 published in pamphlet form on November 27, 1978, shall be known and may be cited as the ASubdivision Regulation@, 1978 Edition, for the village.

(B) The area of jurisdiction shall be all land within the corporate (boundaries) limits of the village, and all area within the planning and zoning jurisdiction as defined on the official zoning district map of Trenton, Nebraska.

(C) The official Azoning district map@ and official copy of the subdivision regulations, 1978 Edition, shall be on file at the Clerk=s office and open to inspection and available to the public at all reasonable business hours. (1971 Code, ' 11-401) (Ord. 331, passed 11-27-1978)

' 154.99 PENALTY.

Any person, whether as owner, proprietor or as the agent, attorney or representative of any owner or proprietor of land who shall plat, or subdivide any tract of land within the corporate limits of the municipality, or adjoining, and contiguous to the same, except as herein authorized, or who shall sell, transfer, deed or convey, contract or agree to sell, transfer or offer for sale any lot, or piece of ground in any addition, or subdivision of three, or more parts within said corporate limits, or adjoining, and contiguous thereto, without having first obtained the acceptance, and approval of the plat, or map thereof by the governing body. (1971 Code, ' 11-701)

CHAPTER 155: ZONING

Section

155.01 Zoning regulations adopted

155.02 Manufactured homes

155.99 Penalty

' 155.01 ZONING REGULATIONS ADOPTED.

In pursuance of the authority conferred by Neb. RS 19-901, as amended, the zoning ordinance is enacted for the purpose of promoting the health, safety, convenience, order, prosperity and welfare of the present and future inhabitants, in the village by regulating and restricting the height, number of stories, and size of buildings and other structures, the percentage of lot that may be occupied, the size of yards, courts and other open spaces, the density of population, and the location and use of buildings, structures and land for trade, industry, and residence or other purposes. The zoning ordinance is also intended to lessen congestion in the streets and roads, secure safety from fire and other dangers, provide adequate light and air, avoid undue congestion of population, facilitate the adequate provision of transportation, water, sewerage, schools, parks and other public requirements; to protect the tax base; to secure economy in governmental expenditures; and to preserve, protect and enhance historic buildings, places and districts in accordance with the Village Comprehensive Plan and the zoning maps adopted herewith. The zoning regulations are adopted by reference as if fully set forth herein. One copy of the zoning ordinance. Ord. 676, shall be on file in the office of the Village Clerk and open for inspection and available to the public during normal business hours. (1971 Code, ' 11-301) (Ord. 330, passed 12-11-1978; Ord. 334, passed 8-13-1979; Ord. 676, passed 4-1-2001; Ord. 766, passed 3-11-2008; Ord. 786, passed 7-14-2015)

' 155.02 MANUFACTURED HOMES.

(A) A manufactured home may be used as a residential structure in any zone in which residential uses are permitted if such manufactured home bears an appropriate seal which indicates that it was constructed in accordance with the standards of the Uniform Standard Code for Manufactured Homes and Recreational Vehicles, and Nebraska Uniform Standards for Modular Housing Units Act, or the United States Department of Housing and Urban Development.

(B) Manufactured homes permitted pursuant to this section shall be located and installed according to the following standards which are applicable to site-built, single-family dwellings.

(1) The home shall be located and installed on a permanent perimeter foundation.

(2) The home shall be installed with permanent utility connections.

(3) The home shall comply with all setback and lot requirements of the residential zone in which it is located.

(4) The home shall comply with the minimum square footage requirements of the residential zone in which it is located.

(C) Manufactured homes shall also meet the following standards.

(1) The home shall have no less than 900 square feet of floor area.

(2) The home shall have no less than an 18-foot exterior width.

(3) The roof shall be pitched with a minimum vertical rise of two and one-half inches for each 12 inches of horizontal run.

(4) The exterior material shall be of a color, material and scale comparable with those existing in residential site-built, single-family construction.

(5) The home shall have a nonreflective roof material which is or simulates asphalt or wood shingles, tile or rock.

(6) The home shall have wheels, axles, transporting lights and removable towing apparatus removed.

(D) Nothing in this section shall be deemed to supersede any valid restrictive covenants of record.

(E) For purposes of this section, MANUFACTURED HOME shall mean:

(1) A factory-built structure which is to be used as a place for human habitation, which is not constructed or equipped with a permanent hitch or other device allowing it to be moved other than to a permanent site, which does not have permanently attached to its body or frame any wheels or axles, and which bears a label certifying that it was built in compliance with National Manufactured Home Construction and Safety Standards, 24 C.F.R. pt. 3280 et seq. promulgated by the United States Department of Housing and Urban Development; or

(2) A modular housing unit as defined in Neb. RS 71-1557, bearing a seal in accordance with the Nebraska Uniform Standards for Modular Housing Units Act. (1971 Code, ' 11-302) (Ord. 638, passed 4-12-1999) Statutory reference: Related provisions, see Neb. RS 19-902

' 155.99 PENALTY.

(A) Any person violating any provision of this chapter for which no specific penalty is prescribed shall be subject to ' 10.99.

(B) Any person, whether as owner, proprietor or as the agent, attorney or representative of any owner or proprietor of land who shall plat, or subdivide any tract of land within the corporate limits of the municipality, or adjoining, and contiguous to the same, except as herein authorized, or who shall sell, transfer, deed or convey, contract or agree to sell, transfer or offer for sale any lot, or piece of ground in any addition, or subdivision of three, or more parts within said corporate limits, or adjoining, and contiguous thereto, without having first obtained the acceptance, and approval of the plat, or map thereof by the governing body. (1971 Code, ' 11-701)