(A) The Board of Adjustment shall have the following powers (see Neb. RS 19-901):
(1) To hear and decide appeals where it is alleged there is error in any order, requirement, decision or determination made by an administrative official or agency based on or made in the enforcement of any zoning regulation or any regulation relating to the location or soundness of structures;
(2) To hear and decide, in accordance with the provisions of any regulation, requests for interpretation of any map; and
(3) Where by reason of exceptional narrowness, shallowness or shape of a specific piece of property at the time of the enactment of the zoning regulation, or by reason of exceptional topographic conditions or other extraordinary and exceptional situation or condition of the piece of property, the strict application of any enacted regulation would result in peculiar and exceptional practical difficulties to or exceptional and undue hardships upon the owner of the property, to authorize, upon an appeal relating to the property, a variance from the strict application so as to relieve such difficulties or hardships, if the relief maybe granted without substantial detriment to the public good and without substantially impairing the intent and purpose of any ordinance or resolution. No such variation shall be authorized by the Board unless it finds:
(a) The strict application of the regulation would produce undue hardship;
(b) The hardship is not shared generally by other properties in the same zoning district and the same vicinity;
(c) The authorization of the 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;
(d) The granting of the variance is based upon reasons of demonstrable and exceptional hardship as distinguished from variations for purposes of convenience, profit or caprice; and
(e) 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 zoning regulation.
(B) The concurring vote of 4 members of the Board shall be necessary to reverse any order, requirement, decision or determination of any such administrative official, or to decide in favor of the applicant on any matter upon which it is required to pass.
(Prior Code, § 56-622) (Am. Ord. of 12-4-2001; Am. Ord. 3840, § 1, 4-3-2012)