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§ 153.123 PROCEDURES FOR REQUESTING A VARIANCE.
   The procedures to be followed by the Board of Zoning Adjustment shall be as follows.
   (A)   Appeals.
      (1)   Appeals to the Board may be taken by any person aggrieved or by any officer, department, or governmental agency affected by any decision of the Zoning Administrator. Such appeal shall be made within ten days from the date of decision by any city officer or department. The appeal filed in writing shall define the appeal being requested and the grounds therefore. The officer from whom the appeal is taken shall forthwith transmit to the Zoning Board of Adjustment all the paper constituting the record upon which the action appealed from was taken.
      (2)   An appeal stays all proceedings in furtherance of the action appealed from, unless the officer from whom the appeal is taken certifies to the Board of Adjustment, after the notice of appeal shall have been filed with him or her, that by reason of facts stated in the certificate a stay would, in his or her opinion, cause imminent peril to life or property. In such case, proceedings shall not be stayed otherwise than by a restraining order which may be granted by the Board of Adjustment or by a court of record on application on notice to the officer from whom the appeal is taken and on due cause shown.
   (B)   Hearings. The chairperson of the Board shall set a hearing within 30 days of receipt of the appeal. The time, date, place of the hearing, and description of the request shall be published in a local newspaper of general circulation ten days prior to the actual hearing. The Board shall also notify the interested parties in the case of the hearing date, time, and place.
(Ord. 667, passed 12-3-2014)
§ 153.124 APPEALS FROM THE BOARD OF ZONING ADJUSTMENT.
   Any person or persons, jointly or separately, aggrieved by any decision of the Board of Zoning Adjustment, or any officer, departments, board, or bureau of the city, may seek review of such decision by the District Court for the city in the manner provided by the laws of the state and particularly by Neb. RS 19-912.
(Ord. 667, passed 12-3-2014)
ADMINISTRATIVE PROVISIONS AND ENFORCEMENT AND FEES
§ 153.135 INTRODUCTION.
   (A)   The purpose of this section is to assist the city in the implementation of the Comprehensive Plan, zoning, and subdivision regulations. The City Council, Planning Commission, Zoning Administrator (or City Clerk), and the Zoning Board of Adjustment are responsible for the enforcement of the plan and its implementation, through utilization of the zoning and subdivision regulations.
   (B)   The procedures provided in this section are to be used as a tool or means of assisting the community and local officials and commission members. It should be noted, however, the procedures and processes described in this section are models and are subject to change due to modifications, alterations, and additional requirements through legislative action and/or judicial rulings by Courts of Law, it is therefore necessary to monitor potential legislative actions and judicial rulings. Several resources are available to assist the community in the task, including the City Attorney, City Clerk, League of Nebraska Municipalities, Nebraska Planning and Zoning Association, American Planning Association - Nebraska Chapter, Nebraska Department of Economic Development - Community Affairs Division, and local state senator(s). All of the resources should be utilized, particularly to maintain up-to-date and enforceable zoning and subdivision regulations.
(Ord. 667, passed 12-3-2014)
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