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§ 11-804  VARIANCES.
   (A)   The Board of Zoning Adjustment may authorize variances from the requirements of this chapter where it can be shown that, owing to special and unusual circumstances relating to a specific piece of property, the literal interpretation of this chapter would cause an undue or unnecessary hardship; except that, no variance shall be granted to allow the use of property for purposes not authorized within the district in which the proposed use would be located, except a variance may be granted for the alteration or extension of an existing structure, which is non-conforming as to use if it meets the requirements of subsections (B) and (D) below. In granting a variance, the Board of Zoning Adjustment may attach conditions which it finds necessary to protect the best interests of the surrounding property or neighborhood and to otherwise achieve the purpose of this chapter.
   (B)   No variance shall be granted unless it can be shown that all of the following conditions are met:
      (1)   The strict application of the ordinance would produce undue hardship;
      (2)   Such hardship is not shared generally by other properties in the same zoning district and the same vicinity;
      (3)   The authorization of such variance will not be of substantial detriment to adjacent property and the character of the district will not be changed by the granting of the variance; and
      (4)   The granting of such variance is based upon reasons of demonstrable and exceptional hardship as distinguished from variations for purposes of convenience, profit or caprice.
(2005 Code, § 11-804)
§ 11-805  ACTION OF A VARIANCE.
   No variance shall be authorized unless the Board finds that the condition or situation of the property concerned or the intended use of the property is not of so general or recurring a nature as to make reasonably practicable the formulation of a general regulation to be adopted as an amendment to the Ordinance.
(2005 Code, § 11-805)
§ 11-806  PROCEDURE FOR REVIEW OF A VARIANCE.
   The procedures to be followed by the Board of Zoning Adjustment shall be as follows.
   (A)   Written applications for the approval of the variances referred to in §§ 11-804 and 11-805 of this article shall be filed with the Board upon forms and in a manner prescribed by the Board. A fee as established by resolution of the City Council shall be paid to the Zoning Administrator, upon the filing of each application for variance, for the purpose of defraying costs of the proceedings described herein. A written receipt shall be issued to the person making such payment, and records thereof shall be kept in such manner as prescribed by law. Such applications, which appeal decisions by the enforcing officer, shall be made within 20 days of the date of such decision.
   (B)   The Board shall hold a public hearing on each application for a variance. Notice of the time and place of such hearing 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.
   (C)   The Board shall make its findings and determination in writing within 40 days from the date of filing the application and shall forthwith transmit a copy thereof to the applicant.
   (D)   The Board shall keep minutes of its proceedings, showing the vote of each member upon each question and shall keep records of its examinations and other official actions, which shall be a public record.
   (E)   In approving applications for variances, the Board shall have authority to impose such conditions as it deems necessary to protect the best interest of the surrounding property or neighborhood.
(2005 Code, § 11-806)
ARTICLE 9: AMENDMENTS TO THE ZONING ORDINANCE
Section
   11-901   Authorization to initiate amendments
   11-902   Application and fee
   11-903   Public hearing of Planning Commission
   11-904   Public hearing of the City Council
   11-905   Action by the City Council
   11-906   Protest petition
   11-907   Minimum size of parcel
   11-908   Approval of amendment to zoning map
   11-909   Records of amendments
§ 11-901  AUTHORIZATION TO INITIATE AMENDMENTS.
   (A)   (1)   An amendment to the text or the zoning map of this chapter may be initiated by the City Council, by the Planning Commission, or by application of a property owner or his or her authorized agent.
      (2)   The Planning Commission shall, within 30 days after a hearing, recommend to the City Council approval, disapproval or modification of the proposed amendment.
   (B)   The Planning Commission shall initially consider proposed amendments initiated by a property owner or his or her authorized agent only at the regularly scheduled meetings.
(2005 Code, § 11-901)
§ 11-902  APPLICATION AND FEE.
   (A)   An application for amendment by a property owner or his or her authorized agent shall be filed with the Zoning Administrator 14 days prior to the Planning Commission meeting at which the proposal is to be considered.
   (B)   The application shall be accompanied by a fee established by resolution of the City Council.
(2005 Code, § 11-902)
§ 11-903  PUBLIC HEARING OF PLANNING COMMISSION.
   Before taking final action on a proposed amendment, the Planning Commission shall hold a public hearing thereon.
   (A)   Notice of hearing. Notice of time and place of the public hearing before the Planning Commission and of the purpose of the proposed amendment shall be given in the following manner.
      (1)   If an amendment to the zoning map or text is proposed, the notice shall be by one publication in a newspaper of general circulation in the city not less than ten days prior to the date of the hearing.
      (2)   In considering the adoption or amendment of a zoning ordinance, the Planning Commission shall notify the Board of Education of each school district in which real estate, or some part thereof, to be affected by such proposal lies, of the public meeting of the Planning Commission at which such proposal is to be considered and shall submit a copy of the proposal to the Board of Education at least ten days prior to such meeting.
   (B)   Recess of hearing. The Planning Commission may recess a hearing in order to obtain additional information or to serve further notice upon other property owners or persons it decides may be interested in the proposed amendment. Upon recessing for this purpose, the Planning Commission shall announce the time and date when the hearing will be resumed.
(2005 Code, § 11-903)
§ 11-904  PUBLIC HEARING OF THE CITY COUNCIL.
   (A)   The City Council shall not hold its public meetings or take action on matters relating to any contemplated amendment, supplement, change, modification or repeal of the zoning ordinance.
   (B)   Procedures for the public hearing shall be as follows.
      (1)   Notice of the time and place of such hearing shall be given by publication thereof in a paper of general circulation or by publishing the same in book or pamphlet form in the city at least one time ten days prior to such meeting.
      (2)   In addition to the publication of the notice, a notice shall be posted in a conspicuous place on or near the property on which action is pending. Such 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. Such posted notice shall be so placed upon such 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 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 non-residents 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. At the option of the legislative body of the municipality, in place of the posted notice provided above, the owners or occupants of the real estate to be zoned or rezoned and all real estate located within 300 feet of the real estate to be zoned or rezoned may be personally served with a written notice thereof at least ten days prior to the date of the hearing, if they can be served with such notice within the county where such real estate is located. Where such notice cannot be served personally upon such owners or occupants in the county where such real estate is located, a written notice of such hearing shall be mailed to such owners or occupants addressed to their last known addresses at least ten days prior to such hearing. The provisions of this section in reference to notice shall not apply:
         (a)   In the event of a proposed change in such regulations, restrictions or boundaries throughout the entire area of an existing zoning district or of the city; or
         (b)   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 city, but only the requirements of Neb. RS 19-904 shall be applicable.
(2005 Code, § 11-904)
§ 11-905  ACTION BY THE CITY COUNCIL.
   All proposed amendments, supplements, changes or modifications shall not become effective, except by a favorable vote by a majority of all the City Council members. If a proposed amendment is not acted upon finally by the City Council within 90 days after the conclusion of the public hearing by the City Council, such proposed amendment shall be deemed to have been defeated and denied, unless the applicant of such amendment shall have consented to an extension of such period of time. Whenever a proposed amendment is defeated, either by vote of the City Council or by reason of the operation of this section, such amendment shall not thereafter be passed without a further public hearing and notice thereof as provided in § 11-904 of this article.
(2005 Code, § 11-905)
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