(A) The Governing Body shall appoint the Board of Adjustment, which shall consist of five regular members plus one additional member designated as an alternate who shall attend and serve only when one of the regular members is unable to attend for any reason. Each member of the Board shall serve a term of three years, unless reappointed, and shall be removable only for good and sufficient cause by the Governing Body upon written charges and after a public hearing. The members of the Board shall serve without compensation and may be required, in the discretion of the Governing Body, to give a bond in a sum set by resolution of the Governing Body, and conditioned upon the faithful performance of their duties. One member of the Board of Adjustment shall be at the same time a member of the Planning Commission at all times. Upon the loss of membership on the Planning Commission the member shall also lose his or her membership on the Board of Adjustment. The Board shall organize at its first meeting in December of each year and elect from its membership a Chairperson and Secretary. It shall be the duty of the Secretary to keep complete and accurate minutes of all Board meetings and to file the same at the office of the Municipal Clerk for examination at any reasonable time by the public. The Board of Adjustment shall be funded from time to time out of the General Fund by the Governing Body. Meetings of the Board shall be held at the times as the Governing Body may designate, or at the other times as the Chairperson may, in his or her discretion, call a meeting. Special meetings may be also held upon the call of any three members of the Board. A majority of the board shall constitute a quorum for the purpose of doing business. It shall be the duty of the Board to exercise the following powers: to hear and decide appeals where it is alleged that 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 structure; to hear and decide in accordance with the provisions of any zoning regulation, requests for interpretation of any map; where, by reason of exceptional narrowness, shallowness, or shape of a specific piece of property at the time of the enactment of the zoning regulations, 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 under this act would result in peculiar and exceptional practical difficulties to, or exceptional and undue hardships upon the owner of the property, to authorize upon appeal a variance from strict application so as to relieve the difficulties or hardship.
(B) In granting any variance, the Board shall observe those standards set forth at Neb. RS 19-910.
(C) The concurring vote of four members of the Board shall be necessary to reverse any order, requirement, decision, or determination made by a municipal official on any matter which was governed by any municipal zoning ordinance. The Board shall be responsible for making the reports and performing the other duties as the Governing Body may designate. No member of the Governing Body shall serve as a member of the Board of Adjustment. No member of the Board of Adjustment shall serve in the capacity of both Chairperson and Secretary of the Board.
(Neb. RS 19-907 through 19-910) (1972 Code, § 2-205) (Ord. 590, passed 11-15-1977; Ord. 607, passed 10-3-1978)
Statutory reference:
Zoning Board of Adjustment, see Neb. RS 19-912.01