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Arlington City Zoning Code

18.28 BOARD

AND COMMISSION

18.28.010 BOARD OF ADJUSTMENT

  1. Members, Terms of Appointment: The Board of Adjustment shall be appointed by the chairman, with the consent of the Village Board, and 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 of the members shall be appointed for terms of three years and removable for cause by the Village Board upon written charges and after public hearings. Vacancies shall be filled for the unexpired term of any member whose term becomes vacant. One member only of the Board of Adjustment shall be appointed from the membership of the Planning Commission, and the loss of membership on the Planning commission by such member shall also result in his or her immediate loss of membership on the Board of Adjustment. All proceedings of the Board shall be in accordance with Neb. Rev. Stat. § 19-908 et seq.
  2. Power and Duties: A Board of Adjustment is hereby established in strict conformity with Neb. Rev. Stat. 19-9, and as from time to time further amended; and shall have all of the powers and perform all of the duties set forth therein.
  3. Appeal to Board: Further, and without limiting the paramount nature of the foregoing, the Board of Adjustment shall have the following powers and duties: (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 of soundness of structures; (2) to hear and decide in accordance with the provision of any zoning regulations, requests for interpretation of any map; and (3) to grant or deny variances; explicitly following the provisions of Neb. Rev. Stat. § 19-910(3), and as from time to time amended.
  4. Rules and Regulations: The procedural rules and regulations governing the operation of the Board of Adjustment shall be those as set forth in Neb. Rev. Stat. § l9-907 through 19-912, and as may be from time to time further amended. The Board of Adjustment may also adopt any additional rules and regulations as may facilitate its operation.

18.28.020 PLANNING COMMISSION

  1. Members, Terms of Appointment: The Planning Commission shall consist of five regular members whose terms shall be staggered and who shall represent, insofar as is possible, the different professions or occupations in the Village and shall be appointed by the chairman, by and with the approval of a majority vote of the members elected to the Village Board. Two of the regular members may be residents of the area over which the Village is authorized to exercise extraterritorial zoning and subdivision regulation. When there is a sufficient number of residents in the zoning and subdivision regulation, one regular member of the commission shall be a resident from such area. If it is determined by the Village Board that a sufficient number of residents reside in the area subject to extraterritorial zoning and subdivision regulation and no such resident is a regular member of the commission, the first available vacancy on the commission shall be filled by the appointment of such an individual. For purposes of this section, a sufficient number of residents shall mean 200 residents. The term of each regular member shall be three years. All regular members shall hold office until their successors are appointed. Any member may, after a public hearing before the Village Boards, be removed by the chairman with the consent of a majority vote of the members elected to the Village Board for inefficiency, neglect of duty or malfeasance in office, or to other good and sufficient cause. Vacancies occurring otherwise then through the expiration of term shall be filled for the unexpired portion of the term by the chairman.
  2. Positions and Duties: All regular members of the commission shall serve without compensation and shall hold no other village office except when appointed to serve on the Board of Adjustment as provide in Neb. Rev. Stat. § 19-908. All members of the commission may be required, in the discretion of the Village Board, to give bond in a sum set by resolution of the Village Board and conditioned upon the faithful performances of their duties. The commission shall elect from its membership a chairperson and a secretary, and shall create and fill such other of its offices as it may determine. The term of the chairperson and the secretary shall be one year and they shall be eligible for re-election. No member of the commission shall serve in the capacity of both the chairperson and secretary. It shall be the duty of the secretary to keep the full and correct minutes and records of all meetings and to file the same with the village clerk where they shall be available for public inspection during office hours. The commission shall be funded by the Village Boards from time to time out of the General Fund. The expenditures of the commission, exclusive of gifts, shall be within the amounts appropriated for that purpose by the Village Board; and no expenditures or agreements for expenditures shall be valid in excess of such amounts. A number of commissioners equal to a majority of the number of regular members appointed to the commission shall constitute a quorum for the transaction of any business. The commission shall hold at least one regular meeting in each calendar quarter, except the Village board may require the commission to meet more frequently and the chairperson of the commission may call for the meeting when necessary to deal with business pending before the commission. Special meetings may be held upon the call of any three members of the commission. The commission shall adopt rules and regulations for the transaction of business and shall keep a recorded of its -resolutions, transactions, findings and determinations, which shall be a public record. The commission shall make and adopt plans for the physical development of the Village, including any areas outside its boundaries which, in the commission's judgment, bear relation to the planning of the Village, and shall carry out the other duties and exercise the powers specified in Neb. Rev. Stat. § 19-929. All actions by the commission shall be subject to the review and supervision of the chairman and Village Board so that they are received within 30 days after the commission begins consideration of a matter relating to the comprehensive development plan, capital improvements, building codes, subdivision development, the annexation of territory or zoning. The commission shall be responsible for making such reports and performing such other duties as the Village Board may, from time to time, designate.
  3. Alternate Member: The chairman, with the approval of a majority vote of the elected members of the Village Board, shall appoint on alternate member of the commission. The alternate member shall serve without compensation and shall hold no other village office. The term of the alternate member shall be three years, and he or she shall hold office until his/her successor is appointed and approved. The alternate member may be removed from office in the same manner as a regular member. If the alternate member position becomes vacant other than through the expiration of the term, the vacancy shall be filled for the unexpired portion of the term by the chairman with the approval of a majority vote of the elected members of the Village Board. The alternate member may attend any meeting and may serve as a voting and participating member of the commission at any time when less than the full number of regular commission members is present and capable of voting.

(Neb. Rev. Stat. § 19-924 through 19-929)