19-904. Zoning regulations; creation; hearing; notice.

337 words·~2 min read·/ne/chapter-19/19-904

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

The city council or village board of trustees of a municipality which adopts zoning regulations and restrictions pursuant to sections 19-901 to 19-915 shall provide for the manner in which such regulations and restrictions, and the boundaries of districts established pursuant to section 19-902 , shall be determined, established, and enforced, and from time to time amended, supplemented, or changed. The city council or village board of trustees shall receive the advice of the planning commission before taking definite action on any contemplated amendment, supplement, change, modification, or repeal.

No such regulation, restriction, or boundary shall become effective until after separate public hearings are held by both the planning commission and the city council or village board of trustees in relation thereto, at which parties in interest and citizens shall have an opportunity to be heard. Notice of the time and place of such hearing shall be given by publication thereof in a legal newspaper in or of general circulation in such municipality at least one time ten days prior to such hearing.

When a legislative body does not specify the manner in which a comprehensive development plan is to be adopted, it is assumed that such plan may be effectively adopted via resolution. Smith v. City of Papillion, 270 Neb. 607, 705 N.W.2d 584 (2005).

Adoption, amendment, supplement, or change of regulations and restrictions under comprehensive development plan shall not become effective until after a public hearing of which notice has been given. Stec v. Countryside of Hastings, Inc., 190 Neb. 733, 212 N.W.2d 561 (1973).

This section provides different procedure from that applicable to zoning act relating to first-class cities only. Schlientz v. City of North Platte, 172 Neb. 477, 110 N.W.2d 58 (1961).

Sufficiency of notice given of proposed rezoning action raised but not decided. Weber v. City of Grand Island, 165 Neb. 827, 87 N.W.2d 575 (1958).

City council has duty of providing manner in which regulations and restrictions are amended or changed. Kelley v. John, 162 Neb. 319, 75 N.W.2d 713 (1956).