(A) The regulations, restrictions and boundaries set forth in this chapter may from time to time be amended, supplemented, changed or repealed; provided, however, that, no the action may be taken until the proposed amendment has been referred to the Planning Commission for its study and recommendation and the City Council has held a public hearing thereon.
(B) An amendment may be initiated by the City Council, by a motion of the Planning Commission, or when involving a map change, by a written petition of any property owner addressed to the City Council. The City Council shall act on the petitions within 90 days of receipt. Having once considered a petition, the Council will not consider substantially the same petition for one year.
(C) All proposed amendments (except those initiated by the Planning Commission) shall be submitted to the Planning Commission for study and recommendation. The Planning Commission shall study the proposals to determine:
(1) The need and justification for the change;
(2) When pertaining to a change in the district classification of property, the effect of the change, if any, on the property and on surrounding properties;
(3) When pertaining to a change in the district classification of property, the amount of undeveloped land in the general area and in the city having the same district classification as requested; and
(4) The relationship of the proposed amendment to the purposes of the general planning program, with appropriate consideration as to whether the proposed change will further the purpose of this chapter and the Comprehensive Plan.
(D) Within 45 days from the date that any proposed amendment is referred to it (unless a longer period shall have been established by mutual agreement between the City Council and the Planning Commission) shall be advisory only, and shall not be binding on the City Council. If the Planning Commission does not submit its report within the prescribed time, the City Council may proceed to act on the amendment without further awaiting the recommendations of the Planning Commission.
(E) No regulation, restriction or boundary shall become effective until after a public hearing, by both the Planning Commission and City Council, in relation thereto, at which time parties in interest and citizens shall have an opportunity to be heard. Notice of the time and place of the hearing shall be given by publication thereof in a paper of general circulation in the city, at least one time ten days prior to the hearing.
(F) In addition to the publication of the notice therein prescribed, a notice shall be posted in a conspicuous place on or near the property on which action is pending. The notice shall not be less than 18 inches in height and 24 inches in width with a white or yellow background and black letters not less than one and one-half inches in height. The 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 the hearing. It shall be unlawful for anyone to remove, mutilate, destroy or change the posted notice prior to the hearing. Any person so doing shall be deemed guilty of a misdemeanor. If the record title owner of any lots included in the proposed change be nonresidents of the city, then a written notice of the hearing shall be mailed by certified mail to them addressed to their last known addresses at least ten days prior to the hearing. The provisions of this section in reference to notice shall not apply:
(1) In the event of a proposed change in the regulations, restrictions or boundaries throughout the entire area of an existing zoning district or of the city; or
(2) In the event additional or different types of zoning districts are proposed, whether or not the additional different districts are made applicable to areas, or parts of areas, already within a zoning district of the city, but only the requirements of Neb. RS 19-904 shall be applicable.
(G) In case of protest against the change, signed by the owners of 20% or more, of the area of the lots included in the 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 the opposite lots, the amendments shall not become effective, except by the favorable vote of three-fourths of all members of the City Council.
(Prior Code, § 11-1001) Penalty, see § 152.999