Article 6 Amending the Zoning Chapter

Article 6.  Amending the Zoning Chapter

§11-601   AMENDMENTS; GENERALLY.  This Chapter may be amended from time to time, but no amendments shall become effective unless they shall have been proposed by, or shall first have been submitted to, the Planning Commission for review and recommendation.  The Planning Commission shall have thirty (30) days, within which to submit its report to the Governing Body.  If the Planning Commission fails to submit a report within the thirty (30) days, it shall be deemed to have approved the proposed amendment.  A public hearing shall be held by the Planning Commission before adoption of any proposed amendment to this Chapter.  A notice of such public hearing shall be given at least one time in a newspaper of general circulation in the Municipality, said notice to be published not less than ten (10) days prior to the date established for the public hearing.  (Ref.  19-904 RS Neb.)

§11-602   AMENDMENTS; APPLICATION.  In order to have a proposed change of district or amendment introduced and considered by the Planning Commission, persons requesting the same shall comply with the following:

A.   At the time an application for the change of a Zoning District or amendment to the zoning text is filed with the Planning Commission, there shall be deposited with the Municipal Clerk a sum set by resolution of the Governing Body as a fee to cover investigation, legal notices, and other expenses incidental to the determination of such matter.

B.   An application for a change of district to a commercial district shall contain a minimum area of three (3) acres.  The area, should more than one (1) parcel of land be involved, shall be contiguous exclusive of any streets or easements.

C.   An application for a change of district to an industrial district shall contain a minimum area of five (5) acres.  The area, should more than one (1) parcel of land be involved, shall be contiguous exclusive of any streets or easements.

D.   The foregoing requirements in subsections B and C will not apply in the case of an extension of a commercial or industrial district.

E.   A person presenting an application for a change of district shall not be entitled to have such change considered and acted upon by the Governing Body unless and until the Planning Commission has certified that such change is non inconsistent with the principles of the Land Use Plan of the City of Falls City.

F. When an application for change of Zoning District for a lot or parcel of land, specifically described and identified, has been submitted to and denied by the Governing Body, a period of one (1) year must elapse, before the aforementioned lot or parcel, either separately or as a component of a larger parcel, can again be brought before the Planning Commission for further consideration.  (Ref.  19-904 RS Neb.)

§11-603   AMENDMENTS; PUBLIC HEARING.  Before enacting an amendment to this Chapter, the Governing Body shall hold a public hearing thereon.  At least ten (10) days prior to such hearing, notice of the time and place shall be published in a newspaper of general circulation in the Municipality.  Additionally, notice shall be posted in a conspicuous place on or near the property on which action is pending.  Such notice shall conform to the requirements of state law.  If the record title owners of any lots included in such proposed change are nonresidents of the Municipality, then a written notice of such hearing shall be mailed by certified mail to them addressed to their last known addresses at least ten (10) days prior to such hearing.  (Ref.  19-905 RS Neb.)

§11-604   AMENDMENTS; PROTEST.  In case of a protest against such change signed by the owners of twenty percent (20%) or more either of the area of the lots included in such proposed change, or to those immediately adjacent thereto, extending three hundred feet (300') therefrom, and of those directly opposite thereto extending three hundred feet (300') from the street frontage of such opposite lots, such amendment shall not become effective except by favorable vote of three-fourths (3/4) of all members of the Governing Body.  (Ref.  19-905 RS Neb.)

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