X Amendments, Enforcement, Permits, And Penalties
Amendments may be initiated by the city council, the planning commission, or by application signed by the owner of a parcel sought to be amended, or by a purchaser under contract in writing duly executed by both buyer and seller, or by the agent of any of the foregoing duly authorized to do so in writing. An application shall be filed with the city clerk in such form and accompanied by such information as required by the city council and herein prescribed. A copy of the application and supplementary information shall be forwarded by the city clerk to the planning commission for hearing and recommendation.
At the time of filing of an application for a rezoning amendment (map or text) with the city clerk, the applicant shall pay to the city treasurer a processing fee, as provided in the City of Grand Island Fee Schedule, which shall not be refundable.
The planning commission shall hold a public hearing on all proposed amendments. Notice of such hearing shall be placed in a newspaper of general circulation in the city at least one time ten days prior to such hearing. Notification of such proposed amendment and hearing shall be sent to the proper school district or districts at least ten days prior to such hearing. The commission may recommend other property for amendment in addition to that sought in an application. Following the hearing, the commission shall take action and shall transmit its recommendation to the city council, a copy of which shall be sent to the applicant and one copy shall be retained in the permanent files of the planning commission. Upon receipt of the recommendation from the planning commission, the city council shall hold a public hearing on the proposed amendment. Notice of such hearing shall be placed in a newspaper of general circulation in the city at least one time ten days prior to such hearing. In addition to the publication, the city clerk shall cause a notice to be posted in a conspicuous place on the property on which action is pending. Such notice shall not be less than eighteen inches in height and twenty-four inches in width with a white or yellow background and black letters not less than one and one-half inches in height. Such posted notice shall be so placed upon the premises that it is easily visible from the street nearest the same and shall be so posted at least ten 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. If the record title owners of any lots included in such proposed change be 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. The provisions requiring that notice be posted on the premises to be rezoned shall not apply in the event of a proposed change in such regulations, restrictions, or boundaries throughout the entire area of an existing zoning district or of such municipality, or in the event additional or different types of zoning districts are proposed, whether or not such additional or different districts are made applicable to areas, or parts of areas, already within a zoning district of the municipality; but the only requirement then shall be the publication of the notice in the newspaper as provided in this section. The city council shall approve or disapprove the proposed amendment. A majority vote of all the members of the city council shall be required to adopt any zoning amendment. Notice of the final action shall be sent to the applicant and one copy shall be sent to the planning commission.
In case of a protest against such zoning district change, signed by owners of twenty 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 feet therefrom, and of those directly opposite thereto extending three hundred feet from the street frontage of such opposite lots, such amendment shall not become effective except by the favorable vote of three-fourths of all the members of the city council. Whenever a change of land use has been finally disapproved by the city council, neither the planning commission nor the city council shall consider the same or similar application for change of land use affecting the same property for a period of six months from the date of such disapproval by the city council.
The provisions of this chapter shall be administered and enforced by the Hall County Regional Planning Director and Building Department, 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 chapter.
(Deleted by Ordinance No. 8947, effective 1-5-2005)
No vacant land shall be occupied and used hereafter until a certificate of occupancy has been issued by the chief building official.
(Amended by Ordinance No. 8947, effective 1-5-2005)
(Deleted by Ordinance No. 8947, effective 1-5-2005)
Certificate of occupancy for the use of vacant land or the change in the use of land shall be applied for before any such land shall be occupied or used and a certificate of occupancy shall be issued after the application has been made, provided, such use is in conformity with the provisions of this Code.
(Amended by Ordinance No. 8947, effective 1-5-2005)
(Deleted by Ordinance No. 8947, effective 1-5-2005)
A record of all certificates of occupancy shall be kept on file in the office of the chief building official and copies shall be furnished on request to any person having a proprietary or tenancy interest in the building or land affected.
(Deleted by Ordinance No. 8947, effective 1-5-2005)
Pursuant to Section 19-913, Reissue Revised Statutes of 1943 (in full), the owner or agent of a building or premises in or upon which a violation of any provisions of this chapter has been committed or shall exist or lessee or tenant of an entire building or entire premises in or upon which violation has been committed or shall exist, or the agent, architect, 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 of non-compliance with the terms of this chapter shall constitute a separate offense.
Nothing herein contained shall prevent the City from taking such other lawful action as is necessary to prevent or remedy any violation. However, nothing shall deprive the citizen of his or her rights under the U.S. Constitution of a jury trial.
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 Sections 19-901 to 19-914, Reissue Revised Statutes of 1943 (in full), or this code, or any regulation made pursuant to said sections, the appropriate authorities of the City 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.
X Amendments, Enforcement, Permits, And Penalties
Amendments may be initiated by the city council, the planning commission, or by application signed by the owner of a parcel sought to be amended, or by a purchaser under contract in writing duly executed by both buyer and seller, or by the agent of any of the foregoing duly authorized to do so in writing. An application shall be filed with the city clerk in such form and accompanied by such information as required by the city council and herein prescribed. A copy of the application and supplementary information shall be forwarded by the city clerk to the planning commission for hearing and recommendation.
At the time of filing of an application for a rezoning amendment (map or text) with the city clerk, the applicant shall pay to the city treasurer a processing fee, as provided in the City of Grand Island Fee Schedule, which shall not be refundable.
The planning commission shall hold a public hearing on all proposed amendments. Notice of such hearing shall be placed in a newspaper of general circulation in the city at least one time ten days prior to such hearing. Notification of such proposed amendment and hearing shall be sent to the proper school district or districts at least ten days prior to such hearing. The commission may recommend other property for amendment in addition to that sought in an application. Following the hearing, the commission shall take action and shall transmit its recommendation to the city council, a copy of which shall be sent to the applicant and one copy shall be retained in the permanent files of the planning commission. Upon receipt of the recommendation from the planning commission, the city council shall hold a public hearing on the proposed amendment. Notice of such hearing shall be placed in a newspaper of general circulation in the city at least one time ten days prior to such hearing. In addition to the publication, the city clerk shall cause a notice to be posted in a conspicuous place on the property on which action is pending. Such notice shall not be less than eighteen inches in height and twenty-four inches in width with a white or yellow background and black letters not less than one and one-half inches in height. Such posted notice shall be so placed upon the premises that it is easily visible from the street nearest the same and shall be so posted at least ten 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. If the record title owners of any lots included in such proposed change be 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. The provisions requiring that notice be posted on the premises to be rezoned shall not apply in the event of a proposed change in such regulations, restrictions, or boundaries throughout the entire area of an existing zoning district or of such municipality, or in the event additional or different types of zoning districts are proposed, whether or not such additional or different districts are made applicable to areas, or parts of areas, already within a zoning district of the municipality; but the only requirement then shall be the publication of the notice in the newspaper as provided in this section. The city council shall approve or disapprove the proposed amendment. A majority vote of all the members of the city council shall be required to adopt any zoning amendment. Notice of the final action shall be sent to the applicant and one copy shall be sent to the planning commission.
In case of a protest against such zoning district change, signed by owners of twenty 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 feet therefrom, and of those directly opposite thereto extending three hundred feet from the street frontage of such opposite lots, such amendment shall not become effective except by the favorable vote of three-fourths of all the members of the city council. Whenever a change of land use has been finally disapproved by the city council, neither the planning commission nor the city council shall consider the same or similar application for change of land use affecting the same property for a period of six months from the date of such disapproval by the city council.
The provisions of this chapter shall be administered and enforced by the Hall County Regional Planning Director and Building Department, 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 chapter.
(Deleted by Ordinance No. 8947, effective 1-5-2005)
No vacant land shall be occupied and used hereafter until a certificate of occupancy has been issued by the chief building official.
(Amended by Ordinance No. 8947, effective 1-5-2005)
(Deleted by Ordinance No. 8947, effective 1-5-2005)
Certificate of occupancy for the use of vacant land or the change in the use of land shall be applied for before any such land shall be occupied or used and a certificate of occupancy shall be issued after the application has been made, provided, such use is in conformity with the provisions of this Code.
(Amended by Ordinance No. 8947, effective 1-5-2005)
(Deleted by Ordinance No. 8947, effective 1-5-2005)
A record of all certificates of occupancy shall be kept on file in the office of the chief building official and copies shall be furnished on request to any person having a proprietary or tenancy interest in the building or land affected.
(Deleted by Ordinance No. 8947, effective 1-5-2005)
Pursuant to Section 19-913, Reissue Revised Statutes of 1943 (in full), the owner or agent of a building or premises in or upon which a violation of any provisions of this chapter has been committed or shall exist or lessee or tenant of an entire building or entire premises in or upon which violation has been committed or shall exist, or the agent, architect, 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 of non-compliance with the terms of this chapter shall constitute a separate offense.
Nothing herein contained shall prevent the City from taking such other lawful action as is necessary to prevent or remedy any violation. However, nothing shall deprive the citizen of his or her rights under the U.S. Constitution of a jury trial.
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 Sections 19-901 to 19-914, Reissue Revised Statutes of 1943 (in full), or this code, or any regulation made pursuant to said sections, the appropriate authorities of the City 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.