(A) The Board of Trustees of the village shall exercise all authority of the Board of Adjustment as provided by Nebraska statutes in making adjustments and variances and holding of hearings.
(B) Appeals of administrative decisions and applications for variance shall be submitted in writing together with a filing fee of $15 to the Village Clerk. Applications shall state the relief sought and the factual basis for such relief.
(C) (1) Board of Adjustment proceedings may be conducted at any regular or special meeting of the Board of Trustees or at a separate meeting of the Board of Adjustment. Notice of hearings of the Board of Adjustment shall be provided by the Village Clerk by first class mail to the applicant and the owner of each contiguous property. In determining contiguity public easements and rights-of-way shall be disregarded. Notice of all Board of Adjustment hearings shall additionally be posted or published in the same manner as meetings of the Board of Trustees.
(2) Hearings shall be held within a reasonable time after the receipt of an application but in no event sooner than seven days after notice as provided in this section. For this purpose, mailed notice shall be deemed complete when placed in the U.S. mail.
(D) (1) At hearings of the Board of Adjustment, applicants and any interested person may be represented by an attorney. Applicants shall have the burden of persuasion and both applicants and interested persons shall be permitted to present relevant evidence to the Board. Hearings will not be conducted in accordance with rules of the evidence.
(2) The Board of Adjustment shall keep regular minutes of its hearings. Upon the written request of and at the expense of any interested person, not less than five days before a scheduled hearing, the Village Clerk will obtain the services of a certified court reporter to transcribe the hearing. The Clerk shall determine the estimated cost therefore and shall obtain the services of a reporter only after receiving payment of such sum. In the event the actual charge for such service is greater or less than the deposited amount, the requesting person shall be required to pay or shall receive a refund of the difference.
(3) After hearing the evidence, the Board may, upon majority vote, adjourn to closed session to conduct deliberations but the decision of the Board shall be by vote in open session. A motion to grant or deny an application may but need not state the reasons for such approval or denial.
(4) No relief shall be granted except upon the affirmative vote of four members of the Board, and if at the scheduled hearing any Board member is absent, the applicant shall, upon request, have the right to a postponement until the matter may be heard by the full Board.
(Ord. D-109, passed 7-12-1993)
Statutory reference:
Authority, duties, powers, see Neb. RS 19-907 through 19-910