Brady City Zoning Code
BOARD OF
ZONING ADJUSTMENT
§ 154.115 CREATION; MEMBERSHIP.
(A) The Board of Zoning Adjustment is hereby created and shall be known as the Board of Zoning Adjustment. The members of said Board shall be appointed by the Village Board. The legislative body of a village may provide by ordinance that it shall constitute a Board of Adjustment.
(Neb. RS 19-911)
(B) One member only of said Board shall be appointed from membership of the Planning Commission and the loss of membership on the Planning Commission by such member shall also result in the immediate loss of membership on the Board of Zoning Adjustment.
(C) Said Board 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 to be appointed for a term 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 terms of any member whose terms becomes vacant.
(Ord. 2009-04, passed 4-23-2009)
§ 154.116 MEETINGS.
Meetings of the Board of Zoning Adjustment shall be held at the call of the Mayor and at such times as the Board may determine. The Board shall keep minutes of its proceedings, showing the vote of each member upon each question, or if absent or failing to vote, indicating such fact, and shall keep records of its examinations and other official actions, all of which shall be immediately filed in the office of the Village Clerk and shall be a public record.
(Ord. 2009-04, passed 4-23-2009)
§ 154.117 INTERPRETATIONS AND VARIANCES.
(A) The Board of Adjustment shall, subject to appropriate conditions and safeguards as specified in this chapter, have the following powers (Neb. RS 19-910):
(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 the Planning Commission 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 maps, or for decisions upon other special questions upon which the Board is authorized by any such regulation to pass; and
(3) Where by reason of exceptional narrowness, shallowness, or shape of a specific piece of property at the time of adoption of this chapter, or by reason of exceptional topographic conditions or other extraordinary and exceptional situation or condition of such piece of property, the strict application of any enacted regulation under Neb. RS 19-901, 19-903 to 19-904.01, 19-908 and 19- 910 would result in peculiar and exceptional practical difficulties to, or exceptional and undue hardships upon the owner of such property, to authorize, upon appeal relating to the property, a variance from such strict application so as to relieve such difficulties or hardships, if such relief may be granted without substantial detriment to the public good and without substantially impairing the intent and purpose of this chapter, but no such variance shall be authorized unless the Board finds that:
(a) The strict application of the regulation would produce undue hardship;
(b) Such hardship is not shared generally by other properties in the same zoning district and the same vicinity;
(c) The authorization of such 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; and
(d) The granting of such variance is based upon reasons of demonstrable and exceptional hardship as distinguished from variations for purposes of convenience, profit or caprice.
(B) No variance shall be authorized unless 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 reasonable and practicable the formulation of a general regulation to be adopted as an amendment to this chapter.
(C) In exercising the above-mentioned powers, such Board may, in conformity with the provisions of said sections, reverse or affirm, wholly or partly, or may modify the order, requirement, decision or determination appealed from, and may make such order, requirement, decision or determination as shall be proper, and to that end shall have all the powers of the officer from whom the appeal is taken. The concurring vote of four 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 under any such regulation or to effect any variation in such regulation.
(Ord. 2009-04, passed 4-23-2009)
§ 154.118 PROCEDURES FOR REQUESTING A VARIANCE.
The procedures to be followed by the Board of Zoning Adjustment shall be as follows.
(A) 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 official or department. The appeal filed in writing shall define the appeal being requested and the grounds therefor. The officer from whom the appeal is taken shall forthwith transmit to the Board of Zoning Adjustment all the paper constituting the record upon which the action appealed from was taken.
(B) 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. 2009-04, passed 4-23-2009)
§ 154.119 APPEALS FROM 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 village, may seek review of such decision by the District Court for the village in the manner provided by the laws of the state and particularly by Neb. RS 19-912.
(Ord. 2009-04, passed 4-23-2009)