Nebraska City Municipal Code Book, Appendix A, Article 8
DUTIES (for complete description, see the Municipal Code):
802.01. Powers and jurisdiction relating to administrative review: The board of adjustment shall have the power and responsibility to hear and decide appeals from any affected person where it is alleged there is an error in any order, requirement, decision or determination made by the zoning administrator, based on or made in the enforcement of this ordinance or any regulation relating to the location or soundness of structures, or to interpret any map.
802.02. Powers and jurisdiction relating to map interpretation: The board of adjustment shall have the power and responsibility to hear and decide questions regarding the interpretation of the official zoning map in the same manner as the hearing of an appeal and in accordance with the limitations set forth in Section 406 of this ordinance.
802.03. Powers and jurisdiction relating to variances: The board of adjustment shall have the power to authorize, in specific cases, a variance from the specific terms of this ordinance which will not be contrary to the public interest and where, owing to special conditions, a literal enforcement of the provisions of this ordinance would, in an individual case, result in unnecessary hardship, and provided that the spirit of this ordinance shall be observed, public safety and welfare secured, and substantial justice done.
802.04 Board of adjustment has powers of zoning administrator upon appeal. In exercising the above mentioned powers, the board of adjustment may reverse or affirm, wholly or partially, or may modify the order, requirement, decision, or interpretation as ought to be made and to this end shall have all powers of the zoning administrator, provided that a concurring vote of four-fifths (4/5) of the members of the board shall be necessary to reverse any order, requirement, decision or interpretation of the zoning administrator or to decide in favor of any applicant upon which it is required to act under this ordinance or to authorize any variance to this ordinance.
802.05 Appeals from decisions of the board of adjustment: Any person or persons, jointly or severally, aggrieved by any decision of the board of zoning adjustment, or any taxpayer, or any officer, department, board or bureau of the city may present to the district court a petition, duly verified, setting forth that such decision is illegal, in whole or in part, and specifying the grounds of such illegality as provided for in law. Such petition must be presented to the court within fifteen (15) days after the filing of the decision of the board of zoning adjustment in the office of the city clerk.
TERM:
801.03 The members of the board of adjustment shall serve for terms of three (3) years and be removable for cause by the mayor and city council upon written charges and after public hearing. Each member shall serve until a successor has been appointed. Vacancies shall be filled by appointment for the unexpired term of any member who has ceased to be a member of the board.
APPOINTMENT & COMPOSITION:
801.01 The board members shall be appointed by the mayor with concurrence of the city council and shall consist of five (5) regular members plus one (1) alternate member who shall attend meetings, but shall not vote on any petition before the board, except when a regular member of the board is unable to attend a meeting.
CURRENT MEMBERS:
| Steven Recker (Chair) | John Callen |
| Jeri Johns | Brad Kingery (Vice Chair) |
| Kirby Bohl (Planning Comm) | Gary Sasse (Alt.) |
DEPARTMENT CONTACT:
Zoning Department, Keith Morrison, Zoning Administrator, 402-873-5515