The administration and procedures provisions establish the methods for implementation of this chapter, reviewing specific uses within certain zoning districts, amending this chapter, and granting variances.

(Code 1980, § 55-881; Ord. No. 33665, § 1, 10-24-95)

(a)

Purpose. The site plan review procedure provides for administrative and compliance review of plans for proposed projects. The procedure provides for review and evaluation of site development features of land uses and for possible mitigation of unfavorable effects on surrounding property.

(b)

Jurisdiction and administration. The planning director shall be responsible for administration of the site plan review procedure. The planning director shall review, evaluate and act on all site plans submitted pursuant to this procedure. An applicant may appeal any required modifications, a denial, or revocation of any application by the planning director, pursuant to this section, to the zoning board of appeals.

(c)

Uses requiring site plan review. All commercial, office, industrial and multi-family building permit applications, except interior remodels, as required by the current applicable building code. "Permits" shall comply with subsections 55-882(a) through (e). In addition the following specific uses shall also comply with the criteria established in subsections 55-882(f) through (i):

(1)

Residential uses.

a.

Multiple-family developments with 50 or more dwelling units.

b.

Accessory apartments in single-family residential structures, as provided by section 55-763.

c.

Any residential development including more than one residential structure on a single lot.

(2)

Civic uses.

a.

College and university facilities.

b.

Hospital services (general).

c.

Secondary education facilities.

(3)

Commercial uses.

a.

Automotive washing.

b.

Automotive rental.

c.

Automotive sales.

d.

Equipment sales.

e.

Hotel and motel.

f.

Restaurant (drive-in).

g.

Vehicle storage.

(4)

Parking uses.

a.

Parking structure.

(5)

Transportation uses.

a.

Transportation terminal.

(6)

Industrial uses.

a.

Any industrial use adjacent to a residential zoning district.

(7)

General categories.

a.

Any use including drive-in services.

b.

Any use within a floodplain overlay district.

c.

Construction batch plant.

d.

Any project within an overlay district.

e.

Large projects requiring site plan approval, as set forth by zoning district regulations.

f.

Broadcasting towers, limited to wireless communication towers under 50 feet in height and poles.

g.

Any project within a TOD zoning district.

(d)

Application requirements. Application for site plan review shall be filed with the planning director. The application shall include at least the following information unless the planning director determines that specific items are necessary:

(1)

Name and address of the owner and applicant.

(2)

Address and legal description of the property.

(3)

Statement that the applicant is the authorized agent of the property owner if he/she is not the owner.

(4)

A brief description of the proposed use.

(5)

A site plan, drawn to scale, sufficient to permit adequate review and dimensioned as necessary, showing the following information:

a.

The date, scale, north point, title, name of owner, and name of person preparing the site plan.

b.

The location and dimensions of boundary lines, easements, and required yards and setbacks of existing and proposed buildings and other improvements.

c.

The location, size, and use of existing and proposed structures on the site.

d.

The location of site improvements, including parking and loading areas, pedestrian and vehicular access, sewers, utilities, service areas, fencing, screening, landscaping and lighting.

e.

Location of major site features, including drainage systems and existing and proposed contour lines as necessary to display proposed grading, but in no case greater than at five-foot intervals.

f.

Special information for a particular use, as required by article XV, "Supplemental Use Regulations."

g.

A traffic impact analysis, if required by the public works director, pursuant to requirements developed by the public works director and on file with the city clerk.

h.

Other information that may be required on an application form developed by the planning director.

i.

Payment of fees, as specified in section 55-890.

(e)

Administrative action. The planning director must act upon each complete application for site plan review.

(f)

Review and evaluation. The planning director shall review and make the following findings before approval of a site plan:

(1)

That the proposed site development, together with any modifications applicable thereto, will be compatible with the criteria established in section 55-885 as required pursuant to subsection 55-882(d).

(2)

That any required modifications to the site plan are reasonable and are the minimum necessary to minimize potentially unfavorable effects.

(3)

The site plan complies with this chapter.

(g)

Modification of site plan. The planning director may require modification of a site plan as a prerequisite for approval. Required modifications may be more restrictive than base district regulations and may include but not be limited to provision for:

(1)

Additional buffer-yards, landscaping, and screening;

(2)

Installation of erosion control measures;

(3)

Improvement to access and circulation systems;

(4)

Rearrangement of structures or uses within the site;

(5)

Location and character of signs;

(6)

Other modifications deemed necessary to ensure compatibility with the surrounding environment, and to protect public health, safety, and welfare.

(h)

Lapse of approval.

(1)

A site plan approval shall become void two years after the date on which the approval became effective unless the applicant receives a building permit and/or establishes the proposed use on the property.

(2)

A site plan approval may establish a longer effective period as a specific condition of the application.

(3)

The planning director may grant a one-year extension of a site plan approval, provided that the applicant files a written request for an extension stating the reasons for the request prior to the date of expiration of the approval.

(i)

Modification of site plan approval. The planning director may approve an application for modification of a previous site plan approval if it is determined that the modification does not affect findings relating to the criteria described in subsection 55-882(f) and (g), leading to the original approval.

(j)

Issuance of permits.

(1)

Building permits and certificates of occupancy shall be issued consistent with the terms of the site plan approval, and all other applicable ordinances and regulations.

(2)

The planning director may revoke a site plan approval if it is found that the use is not complying with the provisions of this chapter or the terms and conditions of the site plan approval.

(3)

The decision of the planning director to revoke a site plan approval shall be effective immediately.

(k)

Approval to run with the land. A site plan approval pursuant to these provisions shall run with the land and shall continue to be valid upon change of ownership of the site structure that was the subject of the application.

(l)

Site plans approved under prior regulations. Any site plan approved by ordinance under the regulations in effect before the effective date of this chapter shall be considered an approved site plan, subject to any conditions imposed at the time of original approval. A preexisting site plan may be amended only by ordinance of the city council upon recommendation of the planning director and the planning board.

(Code 1980, § 55-882; Ord. No. 33665, § 2, 10-24-95; Ord. No. 34834, § 1, 3-2-99; Ord. No. 39461, § 1, 9-25-12; Ord. No. 42341, § 12, 10-27-20)

(a)

Purpose. The conditional use permit procedure provides for the review and discretionary approval of uses which, in certain zoning districts, have site development or operating characteristics that require special consideration. These provisions are intended to encourage public review of proposed projects incorporating these uses. The procedures are further designed to allow these uses to operate according to certain conditions without requiring rezoning to high-intensity districts, which may not conform to comprehensive planning objectives.

(b)

Jurisdiction and administration. The planning director shall be responsible for administration of the conditional use permit procedure. The planning board shall review, evaluate and act on all applications submitted pursuant to this procedure. An applicant may appeal a denial of any application pursuant to this section by the planning board to the city council.

(c)

Concurrent applications. An application for a conditional use permit may be made concurrently with an application for rezoning, subject to applicable requirements and fees for each application. An application for a conditional use permit may also be made concurrently with an application for reasonable accommodation. The planning board shall hold a public hearing on each related application at the same meeting and may combine the public hearings. If an application for a conditional use permit is being heard concurrent with an application for reasonable accommodation, the body considering the application shall decide whether the reasonable accommodation or conditional use permit application shall be heard first. The official effective date of a conditional use permit shall be the effective date of an ordinance approved by the city council implementing the rezoning of the site.

(d)

Application requirements. Application for a conditional use permit may be initiated by the owner(s) of the property to be developed, or their authorized agent, the mayor, or the city council. Application for a conditional use permit shall be filed with the planning director. The application shall include at least the following information:

(1)

Name and address of the owner and applicant.

(2)

Address and legal description of the property.

(3)

A statement that the applicant is the authorized agent of the property owner if he/she is not the owner.

(4)

In the case of a proposed residential or civic use type to be located on a property contiguous to or across a public right-of-way from any property within a residential zoning district, the applicant shall sign and submit a form certifying the applicant's efforts to meet with and receive input from each interested party. The said form shall be provided by the planning director. "Interested party," for purpose of this section, shall mean the owner of record of any property contiguous to the applicant's property at issue, or across a public right-of-way from it; and any neighborhood association registered to receive rezoning notices for the area of concern in which the subject property lies. Each interested party, or an officer or other authorized representative thereof, shall sign the form certifying that they met with the applicant regarding the application. If any interested party refuses to sign the form, the applicant may in lieu thereof describe on the form the reasonable efforts made to obtain that signature, and the resulting refusal or failure.

(5)

A statement describing the nature and operating characteristics of the proposed use.

(6)

Site plans, preliminary building elevations, and other maps and drawings, drawn to a scale sufficient to permit adequate review and sufficiently dimensioned as required to convey the following information:

a.

The date, scale, north point, title, name of owner, and name of person preparing any site plan.

b.

The location and dimensions of boundary lines, easements, and required yards and setbacks of existing and proposed buildings and other improvements.

c.

The location, size, height, bulk, general appearance, and use of existing and proposed structures on the site.

d.

The location of site improvements, including parking (on-and off-site) and loading areas, outdoor storage and related screening, pedestrian and vehicular ingress and egress, sewers, utilities, service areas, fencing, screening, landscaping, and lighting.

e.

Location of any major site features, including drainage systems and existing and proposed contour lines as necessary to display proposed grading, but in no case greater than at five-foot intervals.

f.

Special information for a particular use, as required by article XV, "Supplemental Use Regulations."

g.

A traffic impact analysis if required by the public works director, pursuant to requirements developed by the public works director and on file with the city clerk.

h.

Other information that may be required on an application form developed by the planning director.

i.

Payment of fees, as specified in section 55-890.

(2)

An application on the form provided by the city for reasonable accommodation, if being sought.

(e)

Pre-application conference. A pre-application conference shall be coordinated through the director or his/her designee and any other city representatives he/she deems appropriate prior to submission of any application for a conditional use permit. The pre-application conference may be held to accomplish the following purposes, including but not limited to:

(1)

Acquaint the applicant with the procedural requirements of this chapter and, in those instances where applicable, the city's policy on reasonable accommodation;

(2)

Provide for an exchange of information regarding applicant's proposed use and the regulations, restrictions and requirements of this chapter, the comprehensive plan and other application development standards and requirements;

(3)

Review draft site plans and preliminary building elevations, and any other maps or drawings;

(4)

Review the compatibility with adjacent land uses, either proposed or existing;

(5)

Provide general assistance by city staff on the overall design of the proposed development.

(6)

Identify and notify applicant of other documents or materials that will be required to be submitted before the application will be deemed a complete application, as well as other documents or information that staff considers will assist in the review and consideration of the application, but which may not be required for the application to be deemed complete; and

(7)

If an application for reasonable accommodation related to the application for a conditional use has also been submitted, to discuss the requested reasonable accommodation, its relation to the conditional use, the impacts the requested accommodation may have on the life, health and safety of the applicant, residents of the housing unit, nearby residents and other persons and other information that may be required from applicant to ensure that a fully informed decision on the request for accommodation may be made.

(f)

Review by planning director. The planning director shall review each application for a conditional use permit and shall transmit his/her recommendation to the planning board and the applicant before the date of the public hearing.

(g)

Planning board public hearing and action.

(1)

The planning board, following proper notice, shall hold a public hearing on each conditional use permit.

(2)

The planning board shall consider the application within 15 days of the date of the public hearing.

(h)

Review and evaluation criteria.

(1)

The planning director, planning board or city council shall make the following findings before approval of a conditional use permit application:

a.

The proposed development, together with any modifications applicable thereto, will be compatible with the criteria established in section 55-885.

b.

Any required modifications to the conditional use permit application are reasonable and are the minimum necessary to minimize potentially unfavorable effects;

c.

The site plan complies with this chapter; and

d.

The site plan is consistent with the spirit and intent of this chapter and the comprehensive plan.

(i)

Conditions of approval. The planning board may require specific conditions for approval of a conditional use permit. These conditions may be more restrictive than base district regulations and may include, but not be limited to, provision of bufferyards, landscaping and screening; installation of erosion control measures; requirements for street improvements and dedications; improvement to access and circulation systems; rearrangement of structures and uses on the site; design character and standards for buildings and structures; location and character of signs; limitations or restrictions upon operations; and other conditions the planning board considers necessary to ensure compatibility with the surrounding environment and protect public health, safety and welfare.

(j)

Effective date. Approval of a conditional use permit by the planning board shall be effective five days after action, unless associated with an application for rezoning or subdivision approval.

(k)

Appeal to city council.

(1)

A denial by the planning board may be appealed to the city council by an applicant within ten days of the action. The appeal request must be submitted in writing to the planning director.

(2)

The planning director shall transmit the application and written appeal, along with his/her recommendation and the record of the planning board action, to the city council.

(3)

The city council shall, after publication and public hearing, act on the appeal by resolution.

(l)

Lapse of approval.

(1)

A conditional use permit shall become void two years after the date on which the permit becomes effective, unless the applicant receives a building permit and diligently carries out construction or commences the conditional use before expiration of that period.

(2)

A conditional use permit may establish a longer effective period as a specific condition of the permit.

(3)

The planning board may grant a one-year extension of a conditional use permit. The applicant must file a written request for an extension before the date of expiration, stating the reasons for the request.

(4)

If a rezoning was approved concurrently with a lapsed conditional use permit, the planning board shall automatically review the current zoning of the property.

(m)

Modification of permit.

(1)

The planning director may approve minor modifications in a conditional use permit if he/she determines that the modification does not affect findings relating to the criteria described in section 55-883(h) and section 55-885.

(2)

Substantial changes or modifications in the conditional use permit must be approved by the planning board. The planning director shall forward the application for modification, along with his/her recommendation, to the planning board.

(n)

Enforcement; revocation of permit.

(1)

Building permits and certificates of occupancy shall be issued by the permits and inspections division of the planning department consistent with the terms of the conditional use permit and other applicable ordinances and regulations.

(2)

The planning board may, after publication and public hearing, revoke a conditional use permit if it determines that the use is violating this chapter or the terms and conditions of the conditional use permit.

(3)

The decision of the planning board to revoke a conditional use permit shall be effective immediately.

(4)

A decision by the planning board to revoke a conditional use permit may be appealed to the city council.

(o)

Reapplication following denial. No application for approval of the same or substantially the same conditional use permit may be filed within one year of the date of denial of a conditional use permit by the city council.

(p)

Approval to run with the land. A conditional use permit issued pursuant to these provisions shall run with the land and shall continue to be valid upon change of ownership of the site or structure that was the subject of the application.

(q)

Preexisting use. A lawful preexisting use which would require a conditional use permit in its current zoning district shall be presumed to have that permit. The use shall be subject to the regulations governing lapse, modification, enforcement, and revocation of permits set forth in section 55-883.

(Code 1980, § 55-883; Ord. No. 38198, § 33, 7-29-08; Ord. No. 38770, § 2, 7-20-10)

(a)

Purpose. The special use permit procedure provides for extensive public review and discretionary city council approval of uses and projects which have unusual site development or operating characteristics, potentially negative effects on surrounding neighborhoods, or substantial impact on Omaha's development objectives or realization of its comprehensive plan. These provisions are designed to incorporate complete review of these projects and to specify conditions by which these projects may be compatibly and soundly developed.

(b)

Jurisdiction and administration. The planning director shall be responsible for administration of the special use permit procedure. The planning board shall review and evaluate each application and transmit its recommendation to the city council. The city council shall review, evaluate, and act on all applications submitted pursuant to this procedure.

(c)

Concurrent applications. An application for a special use permit may be made concurrently with an application for rezoning, subject to applicable requirements and fees for each application. An application for special use permit may also be made concurrent with an application for reasonable accommodation. The planning board and the city council shall hold public hearings on each related application at the same meeting and may combine the public hearings. If an application for a special use permit is being heard concurrent with an application for reasonable accommodation, the body considering the application shall decide whether the reasonable accommodation or special use permit application shall be heard first. The official effective date of a special use permit shall be the effective date of an ordinance approved by the city council implementing the rezoning of the site.

(d)

Application requirements. Application for a special use permit may be initiated by the owner(s) of the property to be developed, or their authorized agent, the mayor or the city council. Application for a special use permit shall be filed with the planning director. The application shall include at least the following information:

(1)

Name and address of the owner and applicant.

(2)

Address and legal description of the property.

(3)

A statement that the applicant is the authorized agent of the property owner if he/she is not the owner.

(4)

In the case of a proposed residential or civic use type to be located on a property contiguous to or across a public right-of-way from any property within a residential zoning district, the applicant shall sign and submit a form certifying the applicant's efforts to meet with and receive input from each interested party. The said form shall be provided by the planning director. "Interested party," for the purpose of this section, shall mean the owner of record of any property contiguous to the applicant's property at issue, or across a public right-of-way from it; and any neighborhood association registered to receive rezoning notices for the area of concern in which the subject property lies. Each interested party, or an officer or other authorized representative thereof, shall sign the form certifying that they met with the applicant regarding the application. If any interested party refuses to sign the form, the applicant may in lieu thereof describe on the form the reasonable efforts made to obtain that signature, and the resulting refusal or failure.

(5)

A statement describing the nature and operating characteristics of the proposed use. This statement should include information on how the proposal will comply with applicable regulations and standards contained in this chapter and other provisions of this Code.

(6)

Site plans, preliminary building elevations if appropriate, and other maps and drawings, drawn to a scale sufficient to permit adequate review and sufficiently dimensioned as required to convey the following information:

a.

The date, scale, north point, title, name of owner, and name of person preparing any site plan.

b.

The location and dimensions of boundary lines, easements and required yards and setbacks of existing and proposed buildings and other improvements.

c.

The location, size, height, bulk, general appearance, and use of existing and proposed structures on the site.

d.

The location of site improvements, including parking (on- and off-site) and loading areas, outdoor storage and related screening, pedestrian and vehicular access, sewers, utilities, service areas, fencing, screening, landscaping and lighting.

e.

Location of major site features, including drainage systems, and existing and proposed contour lines as necessary to display proposed grading, but in no case greater than at five-foot intervals.

f.

Special information for a particular use, as required by article XV, "Supplemental Use Regulations."

g.

A traffic impact analysis, if required by the public works director, pursuant to requirements developed by the public works director and on file with the city clerk.

h.

Other information that may be required on an application form developed by the planning director.

i.

Payment of fees, as specified in section 55-890.

(7)

An application for reasonable accommodation, if being sought, on the form provided by the city.

(e)

Pre-application conference. A pre-application conference shall be coordinated through the director or his/her designee and any other city representatives he/she deems appropriate prior to submission of any application for a special use permit. The pre-application conference may address issues, including the following:

(1)

Acquaint the applicant with the procedural requirements of this chapter, and. in those instances where applicable, the city's policy on reasonable accommodation;

(2)

provide for an exchange of information regarding applicant's proposed use;

(3)

review draft site plans and preliminary building elevations, and any other maps or drawings, and provide the applicant with opportunities to enhance those plans to mitigate any undesirable consequences of the proposed use;

(4)

review the compatibility with adjacent land uses, either proposed or existing; and

(5)

provide general assistance by city staff on the overall design of the proposed development.

(6)

identify and notify applicant of other documents or materials that will be required to be submitted before the application will be deemed a complete application, as well as other documents or information that staff considers will assist in the review and consideration of the application, but which may not be required for the application to be deemed complete; and.

(7)

if an application for reasonable accommodation related to the application for a special use has also been submitted, to discuss the requested reasonable accommodation, its relation to the special use, the impacts the requested accommodation may have on the life, health and safety of the applicant, residents of the housing unit, nearby residents and other persons, and other information that may be required from applicant to ensure a fully informed decision on the request for accommodation can be made.

(f)

Recommendation of planning director. The planning director shall review each application for a special use permit and shall transmit his/her recommendation to the planning board and the applicant before the date of the planning board's public hearing.

(g)

Planning board public hearing and action.

(1)

The planning board, following proper notice, shall hold a public hearing on each special use permit.

(2)

The planning board shall consider the application within 15 days of the date of the public hearing.

(3)

The recommendation of the planning board, together with that of the planning director, shall be transmitted to the city council for final action.

(h)

City council public hearing and action. The city council, after publication and public hearing, shall act on the special use permit by resolution.

(i)

Review and evaluation criteria.

(1)

The planning director, planning board or city council shall make the following findings before approval of a special use permit application:

a.

The proposed development, together with any modifications applicable thereto, will be compatible with the criteria established in section 55-885.

b.

Any required modifications to the special use permit application are reasonable and are the minimum necessary to minimize potentially unfavorable effects.

c.

The site plan complies with this chapter.

d.

The site plan is consistent with the spirit and intent of this chapter and the comprehensive plan.

(j)

Conditions of approval. The city council may require specific conditions for approval of a special use permit. These conditions may be more restrictive than the base district regulations and may include, but not be limited to, provision of bufferyards, landscaping, and screening; installation of erosion control measures; requirements for street improvements and dedications; improvement to access and circulation systems; rearrangement of structures and uses on the site; design character and standards for buildings and structures; location and character of signs; limitations or restrictions upon operations; and other conditions the city council considers necessary to ensure compatibility with the surrounding environment and protect public health, safety and welfare.

(k)

Effective date. Approval of a special use permit by the city council shall be effective 15 days after action.

(l)

Lapse of approval.

(1)

A special use permit shall become void two years after the date on which the permit became effective unless the applicant receives a building permit and diligently carries out construction or commences the special use before expiration of that period.

(2)

A special use permit may establish a longer effective period as a specific condition of the permit.

(3)

The planning board may grant a one-year extension of a special use permit. The applicant must file a written request for an extension before the date of expiration, stating the reasons for the request.

(4)

If a rezoning application was approved concurrently with a lapsed special use permit, the planning board shall automatically review the current zoning of the property.

(m)

Modification of permit requirements.

(1)

The planning director may approve minor modifications in a special use permit if he/she determines that the modification does not affect findings relating to the criteria described in section 55-884(i) and section 55-885.

(2)

Substantial changes or modifications in the special use permit must be approved by the city council based on a recommendation from the planning board. The planning director shall review the request and forward the application for modification, along with the planning board recommendation, to the city council.

(n)

Enforcement; revocation of permit.

(1)

Building permits and certificates of occupancy shall be issued by the permits and inspections division of the planning department consistent with the terms of the special use permit and any other applicable ordinance or regulation.

(2)

The city council may, after publication and public hearing, revoke a special use permit if it determines that the use is violating this chapter or the terms and conditions of the special use permit.

(3)

The decision of the city council to revoke a special use permit shall be effective immediately.

(o)

Reapplication following denial. No application for approval of the same or substantially the same special use permit may be filed within one year of date of denial of special use permit by the city council.

(p)

Change of ownership of property.

(1)

A special use permit issued pursuant to these provisions shall run with the land and shall continue to be valid upon change of ownership of the site or structure that was the subject of the application, unless otherwise specified by the city council as a condition of the permit.

(2)

The city council may, at its discretion, apply a special use permit to a specific applicant or owner. In this event, the permit would become void upon change of ownership of the site and would require a new application.

(q)

Preexisting use. A lawful preexisting use which would require a special use permit in its current zoning district shall be presumed to have that permit. The use shall be subject to the regulations governing lapse, modification, enforcement, and revocation of permits set forth in section 55-884.

(Code 1980, § 55-884; Ord. No. 34876, § 1, 4-20-99; Ord. No. 38198, § 34, 7-29-08; Ord. No. 38770, § 3, 7-20-10)

(a)

Purpose. The criteria for review and evaluation (table 55-885) are intended to protect residential neighborhoods and encourage developments which minimize adverse effects on surrounding properties and the community at large.

_____

TABLE 55-885. CRITERIA FOR REVIEW AND EVALUATION

(b)

Evaluation. Applications for site plan review, conditional use permits and special permits shall be reviewed in accordance with the relevant criteria and standards set forth in table 55-885.

(Code 1980, § 55-885; Ord. No. 37810, § 27, 8-14-07; Ord. No. 38198, § 35, 7-29-08)

_____

(a)

Purpose. The amendment procedures describe the methods by which changes may be made in the text of this chapter (text amendment) and the official boundaries of zoning districts (rezoning). These procedures are intended to conform to the requirements of state law and the city Charter and to provide adequate opportunity for public review of proposed changes.

(b)

Jurisdiction and administration. The planning director shall be responsible for administration of the amendment procedure. The city council shall have jurisdiction with respect to all amendments. The planning board shall review each proposed text amendment and rezoning and shall submit its recommendation to the city council.

(c)

Initiation of amendments.

(1)

Text amendments. Text amendments may be initiated by the mayor, the planning director, the planning board or the city council.

(2)

Rezonings. Rezonings may be initiated by the following agents:

a.

The planning board.

b.

The city council.

c.

The owner or owners of the property to be rezoned, or their authorized agents.

(d)

Application requirements.

(1)

Application for a rezoning shall be filed with the planning director on a form prescribed by the planning director. The application shall include the following information:

a.

Name and address of the owner and applicant.

b.

Address and legal description of the property.

c.

A statement that the applicant is the authorized agent of the property owner, if he/she is not the owner.

(2)

A statement describing the reason for the rezoning application and the nature and operating characteristics of the proposed use.

(3)

Site plans and other maps and drawings, drawn to scale, and sufficiently dimensioned as required to convey the following information:

a.

The date, scale, north point, title, name of owner, and name of the person preparing any site plan.

b.

The location and dimensions of boundary lines and easements, and general location, size, height, bulk, and use of existing and proposed structures on the site.

c.

The general location of site improvements, including parking and loading areas, pedestrian and vehicular access, utility or service areas, fencing, screening, landscaping and lighting.

d.

The location of major site features, including drainage systems and existing and proposed contour lines as necessary to display proposed grading, but in no case greater than at five-foot intervals.

(4)

Special information for a particular use, as required by article XV, "Supplemental Use Regulations."

(5)

Other site development information, as required on the official application form developed by the planning director.

(6)

A traffic impact analysis, if required by the public works director, pursuant to the requirements developed by the public works director and on file with the city clerk.

(7)

Payment of fees, as specified in section 55-890.

(e)

Recommendation of planning director. The planning director shall review each application for amendment and shall transmit his/her recommendation to the planning board and the applicant before the date of the public hearing.

(f)

Planning board public hearing and actions.

(1)

The planning board, after proper notice, shall hold a public hearing and act upon the application for amendment.

(2)

The planning board may recommend any more restrictive zoning district than that requested by the applicant.

(3)

The recommendation of the planning board, together with that of the planning director, shall be transmitted to the city council for final action.

(g)

City council public hearing and action.

(1)

The city council, after proper notice, shall hold a public hearing and act upon any ordinance implementing either a text amendment or a rezoning.

(2)

An ordinance implementing either a text amendment or a rezoning shall require a favorable vote of five members of the city council for approval if the planning board recommends denial of the ordinance. The city council may amend such ordinances, provided at least five council members vote to do so.

(h)

Protests. Any protest against a rezoning shall be made and filed as provided by R.R.S. 1943, § 14-405, and amendments thereto.

(i)

Reapplication following denial. No application for approval of the same or substantially the same application for an amendment may be filed within one year of a denial of that application by the city council.

(Code 1980, § 55-886)

Upon the automatic extension of the city extraterritorial jurisdiction due to annexation, the city council shall zone properties within the newly established extraterritorial jurisdiction concurrent with adoption of said annexation ordinance(s). Such zoning shall take the following elements into consideration in order of importance:

(a)

The comprehensive plan of the city.

(b)

The previous zoning established under county jurisdiction.

(c)

The present use of the land.

(Code 1980, § 55-887)

(a)

Continuance; membership; term of office. The zoning board of appeals is hereby continued, consisting of five members and one alternate member, each appointed by the mayor and confirmed by the city council for a term of five years.

(b)

Functions. The functions of the zoning board of appeals are set forth in R.R.S. 1943, §§ 14-408—14-414, and amendments thereto.

(Code 1980, § 55-888)

State Law reference— Boards and commissions, § 2-161 et seq.

(a)

Required; contents. Each application for a building permit shall include a plot plan in duplicate, drawn to scale and showing the exact dimensions of the lot to be built upon, the size, shape, and location of structures existing and proposed for the site, landscaping and any other information necessary to provide for enforcement of this chapter.

(b)

Record. The planning department shall maintain a complete record of permit applications and plot plans.

(Code 1980, § 55-889)

(a)

Purpose: The purpose of the application fee schedule is to partially defray the administrative costs of this chapter.

(b)

Application fee schedules:

(1)

Site plan approval application .....$100.00

(2)

Conditional use permit application .....300.00

a.

Major amendment .....270.00

b.

Minor amendment .....105.00

(3)

Special use permit application .....560.00

a.

Major amendment .....340.00

b.

Minor amendment .....105.00

(4)

Rezoning applications: .....

a.

Rezoning to AG, DR, R1 through R5 or MH .....300.00

b.

Rezoning R6 through R8 .....590.00

c.

Rezoning to office, commercial, industrial districts .....985.00

d.

Mixed use districts .....985.00

1.

Major amendment .....340.00

2.

Minor amendment .....130.00

(5)

Planned unit developments and overlay districts: .....

a.

Application .....400.00

b.

Major amendment .....275.00

c.

Minor amendment .....105.00

(6)

Off-street parking permits: .....

a.

Facilities containing 50 or fewer stalls .....50.00

b.

Facilities containing 51 to 150 stalls .....100.00

c.

Facilities containing over 150 stalls .....150.00

(7)

Variance application to the zoning board of appeals: .....

a.

Project cost of under $25,000.00 .....150.00

b.

Project cost of $25,000.00 to $99,999.99 .....250.00

c.

Project cost of $100,000.00 and over .....445.00

d.

Miscellaneous applications .....445.00

e.

Use waivers .....985.00

(8)

Construction permits for courts and private ways .....170.00

(9)

Master plan amendment .....200.00

(10)

Floodplain development permit .....50.00

(11)

Temporary use permit .....50.00

(12)

Confirmation of zoning letter .....50.00

(13)

Street/public property renaming .....1,000.00

(14)

Commemorative street/public property renaming .....100.00

(c)

Other fees required by this Code: Payment of fees specified above shall not exempt an applicant from payment of any other fee set forth by a provision of this Code, including the technology and training fee of article IV in chapter 24.

(d)

Adjustment of fees:

(1)

Government subdivision: No fee shall be charged for any application filed by a subdivision of local, state, or federal government.

(2)

Planned unit developments: No fee shall be charged for any application for a planned unit development located within Zone A as designated by the urban development policy.

(3)

Concurrent applications: No fee shall be charged for a rezoning application filed simultaneously with a subdivision plat application.

(4)

Location: No fee shall be charged for a rezoning application on property located in Zone A as designated by the urban development policy.

(5)

Referred by planning board or city council: No fee shall be charged for a zoning board of appeals application when referred by the planning board or city council.

(Code 1980, § 55-890; Ord. No. 33665, § 3, 10-24-95; Ord. No. 33818, § 1, 2-13-96; Ord. No. 34284, § 1, 8-26-97; Ord. No. 34403, § 1, 12-23-97; Ord. No. 37570, § 2, 12-12-06; Orrd. No. 39143, § 1, 10-25-11; Ord. No. 43542, § 1, 10-2-23)

(a)

Notice of public hearings. Public hearings pursuant to the procedures contained in this article or other sections of this chapter shall require a public notice as follows:

(1)

Publication of public hearings in the official newspaper of the city at least ten (10) days before the date of the hearing; except that notice of a public hearing before the zoning board of appeals shall be published in the official newspaper of the city at least seven days before the date of the hearing; provided, that requests for waivers of any and all use regulations before the zoning board of appeals shall be published in the official newspaper of the city at least ten days before the hearing date. Publication shall include the time, place and subject matter of the public hearing.

(2)

Other notice, as may be deemed appropriate by the public body conducting the hearing, may be given in advance of public hearings. Such notice is not mandatory as a condition precedent to such public hearing.

(3)

It shall not be necessary to give further notice of an adjourned or continued public hearing on a specific application.

(b)

Enforcement and penalties.

(1)

The permits and inspections division of the planning department shall be responsible for enforcement of this chapter.

(2)

Appeals from a decision of the planning director or his designee regarding enforcement of this chapter shall be made to the zoning board of appeals.

(3)

The provisions of R.R.S. 1943, § 14-415, and amendments thereto, relating to violation and penalties of this chapter, shall be applicable to all provisions of this chapter.

(4)

It shall be unlawful to use real property, or to allow real property to be used, in any manner other than as permitted by this chapter.

(Code 1980, § 55-891; Ord. No. 34013, § 1, 10-8-96; Ord. No. 38198, § 36, 7-29-08)