Proposals to amend, supplement, extend, change, modify, or repeal any zoning regulation, restriction, or condition, or to change any boundary of a zone established by this chapter may be initiated in any of the following ways:

   (A)   On a motion adopted by the City Council or the Planning Commission;

   (B)   On a petition addressed to the City Council and filed with the Development Services Director by the owner or owners of 50% or more of multiple lots or tracts of land within the area in respect of which the change is proposed and the owners of 50% or more of the lots or tracts of land within 300 feet of the area in respect of which the change is proposed; or

   (C)   On a petition addressed to the City Council and filed with the Development Services Director by the owner or owners of a lot or lots, or tract or tracts of land in respect of which the change is requested. The petition shall be accompanied by the filing fee provided in Chapter 6, Article 6 of this code of ordinances.

(Ord. 3639, passed - -2000)

   A petition of the type referred to in § 25-15-1(B) and (C) of this article shall contain the following information and allegations:

   (A)   Legal description of the property involved;

   (B)   Statement of the petitioner(s) that the proposed use would provide a service required by the neighborhood and/or community and be consistent with sound principles of land use; would not be injurious to the use of neighboring tracts of land, lots or blocks or unplatted land, buildings or structures; would not create special hazards or problems for the area in which it be located; is related to, and would be harmonious and consistent with, the comprehensive development plan for the area in which it would be located, as indicated by this chapter and the city’s adopted comprehensive development plan; and otherwise would be in accordance with the intents and purposes of this chapter; and

   (C)   A statement of reason(s) why the petition should be granted.

(Ord. 3639, passed - -2000)

   A proposal made in compliance with § 25-15-1 of this article shall be referred by the City Clerk to the Planning Commission.

(Ord. 3639, passed - -2000)

   The Planning Commission shall hear and consider the proposal at its next regular meeting or at a special meeting, whichever occurs first, but not later than 30 days after the proposal has been referred to it. The Planning Commission shall cause notice to be served upon the board of education of each school district to be affected by the proposal as required by the state statutes.

(Ord. 3639, passed - -2000)

   (A)   The Planning Commission shall make a written recommendation to the City Council within 70 days after the proposal has been referred to the Commission.

   (B)   The Commission may recommend:

      (1)   Rejection of the proposal entirely;

      (2)   Approval of the proposal without amendment; or

      (3)   Approval of the proposal with amendments the Commission finds appropriate.

   (C)   Failure of the Commission to act on the proposal within the time specified in this section shall constitute a recommendation of approval of the proposal without amendments; provided, if the applicant requests or consents to a continuance, the preceding provisions of this section shall not apply.

(Ord. 3639, passed - -2000)

   After the City Council receives the written recommendation of the Planning Commission, or after the time within which the Commission may act expires without action by the Commission, the City Manager shall set the matter for a public hearing at a regular meeting or a special meeting called for that purpose, and shall cause notice of hearing to be given as required by statute. Such notice shall be given by publication thereof in a paper of general circulation in the city at least one time ten days prior to such hearing. Such public hearing shall be held within 30 days after the recommendation of the Commission has been received or are due, whichever occurs first, unless the applicant requests or consents to a continuance or, if there be no applicant, the City Council orders a continuance. A person entitled to notice may waive notice in writing.

(Ord. 3639, passed - -2000)

   After hearing as provided for in this article, the City Council may:

   (A)   Deny the proposal;

   (B)   Grant the proposal; or

   (C)   Grant the proposal with modifications which were proposed at the public hearing held by the Planning Commission and the public hearing held by the City Council; provided, the City Council may make modifications which were not proposed at the public hearing held by the Planning Commission or the City Council if such modifications would not materially change the sense of the basic proposal which was the subject of the hearings. The grant of a proposal, with or without modifications, shall not effect an amendment of the city’s zoning ordinance; such an amendment shall become effective only upon the enactment and publication of an amending ordinance as provided by law.

(Ord. 3639, passed - -2000)

   A petition filed as provided in § 25-15-1 of this article may be withdrawn with permission of either the Planning Commission or the City Council before that body acts on it; provided, if public notice of a hearing on the petition has been given as provided in this article, such hearing must be held.

(Ord. 3639, passed - -2000)

   If a petition has been denied by the City Council, the same proposal may not be presented again by petition within one year after the date of filing of the petition that was denied, unless either the Planning Commission or the City Council gives special permission for such petition to be re-filed sooner.

(Ord. 3639, passed - -2000)

   No department of the city may issue a building permit, certificate of occupancy, or other pertinent permit when a hearing on a proposal, as provided for in § 25-15-1 of this article, is pending before either the Planning Commission or the City Council, or when the action of the City Council is the subject of a pending judicial action, except as is required to repair and maintain any building, structure, lot, or tract of land while the proposal is pending.

(Ord. 3639, passed - -2000)

   A proposal to create a PBC District, and to construct therein a planned business center, is subject to the requirements of §§ 25-15-1 to 25-15-10 of this article and, also, to the additional requirements of the succeeding sections of this article. It shall be unlawful to construct, maintain, occupy, or operate a planned business center not created in accordance with the provisions of this article.

(Ord. 3639, passed - -2000)

   A petition for creation of a Planned Business Center District shall be addressed to the City Council and filed with the Development Services Director; shall be accompanied by a tentative development plan (called tentative plan in this article), which shall be filed with the petition; shall request both the creation of a PBC District in a described area and approval of the tentative plan; and shall be signed by the owner of the lot or lots, or tract or tracts of land located in the proposed PBC District.

(Ord. 3639, passed - -2000)

   The tentative plan must include:

   (A)   A site plan showing the areas to be developed for buildings, the anticipated total gross floor space, the area to be developed for parking, the points of ingress and egress (including access streets where required), and adjustments to be made for abutting lots, tracts of land, and zones;

   (B)   An architect’s preliminary sketches of buildings and landscaping;

   (C)   A statement of the types of businesses and uses proposed, and of the market area to be served; and

   (D)   A statement of the ownership in the proposed PBC District.

(Ord. 3639, passed - -2000)

   If a proposal to create a PBC District is approved by the City Council, with or without amendments, the creation of the PBC District is effective when the ordinance approving the proposal becomes effective, subject to a condition subsequent that a final development plan (called final plan in this article) must be submitted to and approved by the City Council as provided in this article. Upon failure to submit a final plan, or if the City Council shall make final findings disapproving a final plan, the PBC District shall automatically terminate and, if immediately prior to the creation of the zone, the land had been otherwise zoned by an ordinance of the city, the land shall automatically become subject again to such former zoning.

(Ord. 3639, passed - -2000)

   Within 24 months after the enactment of an ordinance creating a PBC District, the owner or owners of the lot or lots, or tract or tracts of land located in the PBC District must submit a final plan to the City Council for approval.

(Ord. 3639, passed - -2000)

   The final plan must conform to the tentative plan approved by the City Council. The petitioner may, however, before the City Council acts on the final plan file with the Development Services Director a request, addressed to the City Council, for modification of the tentative plan as approved. If it shall appear to the City Council that the use of the land in accordance with the tentative plan as proposed to be modified may be of a substantially different character, for zoning purposes, from the use of the land in accordance with the tentative plan as approved, the City Council, before acting upon the request for modifications, shall order the request referred to the Planning Commission, and thereafter proceedings shall be had upon the request before the Planning Commission and, subsequently, before the City Council as provided in §§ 25-15-4 and 25-15-6 of this article. If a request for modification is approved, with or without changes, by the City Council, the modification shall be incorporated by the petitioner in the final plan.

(Ord. 3639, passed - -2000)

   In addition to any modifications of the tentative plan approved as provided in § 25-15-16 of this article, the final plan shall include:

   (A)   A site plan showing the areas to be developed for buildings, the areas to be developed for parking, the location of pedestrian paths and vehicular roads, the location of ingress and egress (including access streets where required), the location and height of walls, provisions for loading and unloading, the location, size, and number of signs, and the location and types of improvements to be made in relating to the use of abutting lots or tracts of land and other zones;

   (B)   Architect’s sketches of the proposed buildings and landscaping;

   (C)   Preliminary engineering plans of the improvements to be installed;

   (D)   A schedule for planned construction showing the anticipated completion date;

   (E)   A statement of the types of businesses and uses proposed to be served; and

   (F)   A statement of the ownership of the proposed planned business center.

(Ord. 3639, passed - -2000)

   If the City Council finds that the final plan conforms to the tentative plan as approved by the City Council and any modifications approved in accordance with § 25-15-16 of this article, the City Council may approve the final plan by resolution. The approval shall be endorsed on the final plan by the Mayor or, in the event of his or her absence or disability, the Vice President of the City Council.

(Ord. 3639, passed - -2000)

   If the City Council finds the final plan does not conform to the tentative plan, with or without modifications approved in accordance with § 25-15-16 of this article, and there is no petition pending to modify further the final plan so that it will so conform, the City Council shall, by resolution, make findings that the final plan fails to conform and disapprove it. The Development Services Director shall promptly notify the petitioner that the final plan has been disapproved and state the findings of the City Council. If the petitioner does not file a petition to modify the proposed final plan within 20 days after the City Council has disapproved the plan, the City Council’s disapproval thereupon shall become final. If the petitioner does file a petition to modify the final plan and it appears from the petition that the proposed modifications are such that the final plan so modified will conform to the tentative plan and modifications of it previously approved, the City Council shall reconsider its action of disapproval at the next regular meeting of the City Council or at a special meeting called for the purpose to meet before the next regular City Council meeting. If, after reconsideration, the City Council finds the modifications proposed to the disapproved final plan are sufficient to cause it to conform to the tentative plan and any modifications of the tentative plan previously approved, the City Council may, by resolution, approve the final plan as thus modified.

(Ord. 3639, passed - -2000)

   After a final plan has been approved, as provided in either §§ 25-15-18 or 25-15-19 of this article, an owner of the land may file with the Development Services Director a petition, addressed to the City Council, to modify the final plan. If it shall appear to the City Council that the use of the land in accordance with the final plan as proposed to be modified may be of a substantially different character, for zoning purposes, from the use of the land in accordance with the final plan as approved, the City Council, before acting upon the request for modifications, shall order the request referred to the Planning Commission, and thereafter proceedings shall be had upon the request before the Planning Commission and, subsequently, before the City Council as provided in §§ 25-15-4 and 24-15-6 of this article.

(Ord. 3639, passed - -2000)

   Building and improvement plans and specifications for a planned business center, and each part thereof, shall conform to the final plan as approved by the City Council.

(Ord. 3639, passed - -2000)

   The Code Administrator II may not issue any building permit for a center until:

   (A)   The plans and specifications for all buildings and improvements have been approved by the Planning and Building Director as conforming to the final plan; and

   (B)   A bond has been posted with the City Clerk in an amount fixed by the Director, either in cash or with sureties satisfactory to the Director conditioned upon installation of all improvements required in the final plan.

(Ord. 3639, passed - -2000)

   Construction of all buildings and improvements in conformance with the final plan approved by the City Council shall be commenced within three years after enactment of the ordinance creating the PBC District for the planned business center. The holding of undeveloped lots or tracts of land in the PBC District for speculative purposes is prohibited.

(Ord. 3639, passed - -2000)

   If it shall appear to the City Council that the owner or owners of the land in respect of which a final

plan for a planned business center has been approved by the City Council have failed:

   (A)   To commence construction of the center within the time permitted by this article;

   (B)   To complete construction of the center within a reasonable time after construction is commenced; or

   (C)   To construct the center in conformance with the final plan, the City Council may order referred to the Planning Commission the question whether the final plan and the zoning of the land as PBC District should be revoked, or the final plan should be modified and the size of the PBC District reduced. Thereafter, proceedings shall be had with reference to such matter as provided in §§ 25-15-4 and 25-15-6 of this article, and if the City Council, upon a hearing, shall find that the construction of the center does not, in one or more of the respects mentioned in this section, conform to the final plan, may revoke approval of the final plan and repeal the ordinance creating the PBC District, or may modify the final plan and by ordinance, reduce the area of the PBC District to fit the completed construction, if any, as in the exercise of a sound discretion will be most in accordance with the zoning purposes and objectives of this chapter.

(Ord. 3639, passed - -2000)

   The City Council may, on written application and for good cause shown, extend the time limits prescribed in the sections of this article pertaining specifically to PBC Districts and planned business centers for a period not to exceed 24 months in aggregate.

(Ord. 3639, passed - -2000)

   The City Council may, from time to time, require the petitioner or the owner or owners of the lots or tracts of land in respect of which a final plan has been approved to submit written reports on the progress of development of the planned business center.

(Ord. 3639, passed - -2000)

   (A)   The regulations, restrictions, and boundaries set forth in this article may from time to time be amended, supplemented, changed, or repealed to reflect any and all changes in federal, state, or local regulations provided, however, that no such action may be taken until after a public hearing in relation thereto, at which citizens and parties in interest shall have an opportunity to be heard. Notice of the time and place of such hearing shall be published in a newspaper of general circulation in the city. At least ten days shall elapse between the date of this publication and the public hearing.

   (B)   A copy of such amendment will be provided to the Nebraska Department of Natural Resources and the Federal Emergency Management Agency for review and approval before being adopted.

(Ord. 3639, passed - -2000; Ord. 4293, passed 11-7-2022)