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Geneva City Zoning Code

152 Amending

Zoning Regulations Section 152.90

152.90 Generally

This chapter, including the official zoning map, 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 30 days within which to submit its report to the City Council. If the Planning Commission fails to submit a report within the 30 days, it shall be deemed to have approved the proposed amendment. A public hearing shall be held by the City Council before adoption of any proposed amendment to this chapter. A notice of the time and place of such public hearing shall be given by publication thereof in a legal newspaper in or of general circulation in the municipality at least one time ten days prior to such hearing.
(Neb. RS 19-904) ('84 Code, § 11-701) (amended Ord. 1174 passed 11/18/2024)

HISTORY
Amended by Ord. 1174 Publication Notice Requirements on 11/18/2024

152.91 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:

  1. 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 fee as set by the City Council to cover investigation, legal notices, and other expenses incidental to the determination of such matter.
  2. In an application for a change of district to a commercial district, the area should more than one parcel of land be involved, shall be contiguous exclusive of any streets or easements.
  3. An application for a change of district to an industrial district shall contain a minimum area of four acres. The area, should more than one parcel of land be involved, shall be contiguous exclusive of any streets or easements.
  4. The foregoing requirements in divisions (B) and (C) will not apply in the case of an extension of a commercial or industrial district.
  5. A person presenting an application for a change of district shall not be entitled to have such change considered and acted upon by the City Council unless and until the Planning Commission has certified that such change is not inconsistent with the principles of the land use plan of the city.
  6. 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 City Council, a period of six months 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.
    (Neb. RS 19-904) ('84 Code, § 11-702) (Ord. 707, passed 12-21-98)

152.92 Public Hearing

Before enacting an amendment to this chapter, the City Council shall hold a public hearing thereon. A notice of the time and place of such public hearing shall be given by publication thereof in a legal newspaper in or of general circulation in the municipality at least one time ten days prior of such hearing. 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 days prior to such hearing. In addition to the publication of notice, a notice in compliance with Neb. Rev. Stat. 19-905 shall be posted in a conspicuous place in or near the property on which action is pending; provided such requirement shall not be necessary in the event the proposed change affects the entire area of an existing zoning district or the entire municipality.
(Neb. RS 19-905) ('84 Code, § 11-703) (Ord. 499, passed 9-19-88) (amended by Ord. 1174 passed 11/18/2024)

HISTORY
Amended by Ord. 1174 Publication Notice Requirements on 11/18/2024

152.93 Protest

In case of a protest against such change signed by the owners of 20% 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 300 feet therefrom, and of those directly opposite thereto extending 300 feet from the street frontage of such opposite lots, and such charge is not in accordance with the comprehensive development plan, such amendment shall not become effective except by favorable vote of three-fourths of all members of the City Council.
(Neb. RS 19-905) ('84 Code, § 11-704)

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