City Attorneys

All:

I have a situation where an individual has filed to change the zoning in an area where he owns property from R-1 to C-1. The future land use plan is for this area to remain R-1.

Our city clerk has advised that she believes based on a conversation with the city engineers who prepared the zoning regulations and comprehensive plan that to permit this change, the future land use plan would also need to be changed to provide that C-1 is a future use.

I do not see such a requirement in our city code or zoning regulation book. Our clerk thought it was somewhere in the state statutes but I do not see anything to that effect either.

I've not been doing municipal work for that many years and have yet to have this situation arise, so any input would be greatly appreciated.

Best,

Michael Sholes

Gerald M. Stilmock | Brandt, Horan, Hallstrom & Stilmock

370 5th Street, P.O. Box 186, Syracuse, NE 68446

T: (402) 269-2081 | C: (402) 269-5231 | F: (402) 269-2219 | jerry.stilmock@bhhslawfirm.com" target="_blank" style="color: #336699; margin-top: 0; margin-bottom: 0">jerry.stilmock@bhhslawfirm.com

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