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Arlington City Zoning Code

18.32 AMENDMENTS

18.32.010 AMENDMENTS

Pursuant to Neb. Rev. Stat. § 19-905 (in full): This Ordinance may, from time to time, be amended, supplemented, changed, modified, or repealed. In case of a protest against such change, signed by the twenty (20) percent or more either of the area of the lots included in such proposed change, or of those immediately adjacent on the sides and in the rear thereof extending three hundred (300) feet therefrom, and of those directly opposite thereto extending three hundred (300) feet from the street frontage of such opposite lots, such amendment shall not become effective except by the favorable vote of two-thirds (2/3) of all members of the Village Board. The provisions of this section of the Ordinance relative to public hearings and official notice shall apply equally to all changes or amendments. In addition to the publication of the notice therein prescribed, a notice shall be posted in a conspicuous place on or near the property on which the action is pending. Such notice shall not be less than eighteen (18) inches in height and twenty-four (24) inches in width with a white or yellow background and black letters not less than one and one-half (1 1/2) inches in height. Such posted notice shall be so placed upon such premises that it is easily visible from the street nearest the same and shall be so posted at least ten (10) days prior to the date of such hearing. It shall be unlawful for anyone to remove. mutilate, destroy, or change such posted notice prior to such hearing. Any person so doing shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be fined not less than fifty dollars ($50) or more than one-hundred dollars ($100). The provisions of this section in reference to notice shall not apply:

  1. in the event of a proposed change in such municipality, or
  2. in the event of additional or different districts are made applicable to areas, or parts of areas, already within a zoning district of the Village.

18.32.020 PLANNING COMMISSION REVIEW

No amendment, supplement, change or modification of this Ordinance, including the boundaries of any zoning district, shall be made by the Village Board without first consideration by the Village Planning Commission, the Commission shall submit in writing its recommendations on each amendment, supplement, change or modification to the Village Board within forty-five (45) days after receipt thereof. Said recommendations shall include approval, disapproval, or other suggestions and the reasons thereof, and a discussion of the effect of each amendment, supplement, change or modification on the Comprehensive Plan. Said recommendations shall be of an advisory nature only.

In addition, any person or persons seeking such an amendment, supplement, change, or modification of any zoning district, shall comply with the following:

  1. At the time that application for a change of zoning district or amendment to the zoning test is filed with the Planning Commission, there shall be deposited the sum set in AMC 18.12.210 as a fee to cover investigation, legal notices, or other expenses incidental to the determination of such matter.
  2. An application for a change of district to a Light Industrial District shall contain a minimum area of five (5) acres. The area, if more than one (1) parcel of land is involved, shall be contiguous, exclusive of any streets or easements.
  3. The foregoing requirements in paragraph B shall not apply the case of an extension of a Light Industrial District.

18.32.030 ADMINISTRATOR

The provisions of this Ordinance shall be administered and enforced by a Zoning Enforcement Officer appointed by the Village Board, who shall have the power to make inspection of buildings or premises necessary to carry out his or her duties in the enforcement of this Ordinance.

18.32.040 BUILDING PERMITS

The following shall apply to all new construction and all applicable renovations and remodels within Arlington Zoning Jurisdiction:

  1. It shall be unlawful to commence the excavation for the construction of any building, or any accessory buildings, or to commence the moving or alteration of any buildings, including accessory buildings, until the Village Board has issued a building and zoning permit for such work.
  2. Issuance of a Zoning Permit: In applying to the Village Clerk for a zoning permit, the applicant shall submit a dimensioned sketch of a scale plan indicating the shape, size and height and location of all buildings to be erected, altered or moved and of any building already on the lot. Application shall also state the existing and intended use of all such buildings, and supply such other information as may be required by the Village Board for determining whether the provisions of this Ordinance are being observed. If the proposed excavation or construction as set forth in the application are in conformity with the provisions of this Ordinance, the Village Board shall issue a zoning permit for such excavation or construction. If a zoning permit is refused, the Village Board shall state such refusal in writing, with the cause, and shall immediately thereupon mail notice of such refusal to the applicant at the address reasonable time from the date the application is submitted. The issuance of a permit shall, in no case, be construed as waiving any provisions of this Ordinance. A zoning permit shall become void twelve (12) months from the date of issuance unless substantial progress has been made by that date on the project described therein.

18.32.050 CERTIFICATE OF OCCUPANCY

No land or building or part thereof hereafter erected or altered in its use or structure shall be used until the Village Board shall have issued a certificate of occupancy stating that such land, building or part thereof, and the proposed use thereof, are found to be in conformity with the provisions of this Ordinance. Within three (3) days after notification that a building or premises is ready for occupancy or use, it shall be the duty of the Village Board to make a final inspection thereof and to issue a certificate of occupancy if the land, building, or part thereof and the proposed use thereof are found to conform with the cause, and immediately thereupon mail notice of such refusal to the applicant at the address indicated upon the application.

18.32.060 PENALTIES

Pursuant to Neb. Rev. Stat. § 19-913 (in full), the owner or agent of a building or premises in or upon which a violation of any provisions of this Ordinance has been committed or shall exist or lessee or tenant of an entire building contractor or any other person who commits, takes part, or assists in any violation or who maintains any building or premises in or upon which such violation shall exist, shall be guilty of a misdemeanor and shall be punished by a fine not to exceed one-hundred dollars ($100) for any one (1) offense. Each day for non-compliance with the terms of this Ordinance shall constitute a separate offense.

Nothing herein contained shall prevent the Village from taking such other lawful action as is necessary to prevent or remedy and violation. However, nothing shall deprive the citizen his or her rights under the U.S. Constitution of a jury trial.

18.32.070 REMEDIES

In case any building or structure is erected, constructed, reconstructed, altered, repaired, converted or maintained, or any building, structure, or land is used in violation of Neb. Rev. Stat. § 19-901 to 19-914, appropriate authorities of the Village may institute any appropriate action or proceedings to prevent such unlawful erection, construction, reconstruction, alteration, repair, conversion, maintenance or use, to restrain, correct, or abate such violation, to prevent the occupancy of said building, structure or land, or to prevent any illegal act, conduct, business or use in or about such premises.