Schulenburg City Zoning Code

Amendment procedure.

For the purpose of establishing and maintaining sound stable and desirable development within the territorial limits of the city, this ordinance shall not be amended except to correct error in the ordinance or, because of changed or changing conditions in a particular area or in the city generally, or to rezone an area, extend the boundary of an existing zoning district or to change the regulations and restrictions thereof, all in accordance with a comprehensive plan.

Subject to the limitations of the foregoing statement of intent, an amendment to this ordinance may be initiated by:

The council, upon receipt [of a petition] to amend the ordinance, which has been examined and approved as to form by the city secretary, shall refer the same to the commission for study, hearing, and report. The council may not enact the proposed amendment until the commission makes its report to the council.

The commission shall cause a complete study to be made by the building official and the zoning commission, shall give public notice and hold a public hearing and shall recommend to the council such action as the commission deems proper.

The city council shall give public notice and hold a public hearing before taking final action on a petition to amend this ordinance, or on amendment on its own initiation or initiation by the commission.

Public hearing and notice thereof.

A public hearing shall be held by the commission before making a report to the council, and a public hearing shall be held by the council before adopting any amendment to this ordinance. Notice of the public hearing shall be given by publishing such notice at least once in a newspaper of general circulation in the City of Schulenburg, stating the time and place of such hearing and the substance of the proposed amendment. This notice shall appear in said newspaper at least fifteen (15) days prior to the date set for the public hearing.

Notice of the proposed zoning change shall also be made by the building official by mailing notification by first-class mail to the person or firm to whom the property is assessed, and to all persons or firms to whom property within two hundred (200) feet of the proposed zoning change is assessed on the city tax rolls.

Effect of protest to proposed amendment.

In case a protest against any proposed amendment to this ordinance be presented in writing to the city secretary prior to the public hearing thereon duly signed by the owners of twenty (20) percent or more, either of the area of lots included in such proposed change, or of the lots or land immediately adjoining the same and extending two hundred (200) feet therefrom, such amendments shall not become effective except by the favorable vote of three-fourths of all members of the council.

Procedure for amendment petition.

All petitions for amendments to this ordinance shall be in writing, signed, and filed in triplicate with the city secretary for presentation to the council (filing fee required).

Editor’s note–Ordinance adopted October 19, 2015 added the filing fee to the fee schedule but did not specifically amend the zoning ordinance. At the request of the city, the filing fee mentioned in section 13.12 above was removed from the zoning ordinance and placed in the fee schedule provided in appendix A to the Code of Ordinances.

All petitions for amendments to this ordinance, without limiting the right to file additional, shall contain at least the following:

The petitioner’s name, address, and interest in the petition, as well as the name, address and interest of every person having a legal or an equitable interest in the land covered by the petition.

The nature and effect of the proposed amendment.

If the proposed amendment would require a change in the zoning map, a fully dimensioned map showing:

If the proposed amendment would require a change in the zoning map, the names and addresses of the owners of all land within the area to be changed by the proposed amendment.

The alleged error in this ordinance, which would be corrected by the proposed amendment together with a detailed explanation of such error in the ordinance, which is alleged, and detailed reasons as to how the proposed amendment will correct the same.

The changed or changing conditions, if any, in the area or in the municipality generally, that make the proposed amendment reasonably necessary.

Evidence that the petition is in accordance with the comprehensive plan.

All other circumstances, factors and reasons which applicant offers in support of the proposed amendment.

Time limitation.

If a petition for rezoning is denied by either the commission or the city council, another petition for reclassification of the same property or any portion thereof shall not be filed within a period of one hundred eighty (180) days from the date of final denial, except with the permission of the commission or upon initiation by the commission or city council.

Comprehensive review of ordinance.

The commission shall from time to time, at intervals of not more than three (3) years, examine the provisions of this ordinance and the location of the zoning district boundary lines and shall submit a report to the city council recommending changes and amendments, if any, which are deemed desirable in the interest of the public health, safety and general welfare.