The City Council shall have the power to hear and decide, in accordance with the provisions of this Ordinance, requests for exceptions upon which the Council is authorized by this Ordinance to pass; to decide such questions as are involved in determining whether exceptions should be granted; and to grant exceptions with such conditions and safeguards as are appropriate under this Ordinance, or to deny exceptions when not in harmony with the purpose and intent of this Ordinance. In no event shall exceptions to the provision of this Ordinance be granted where the use or exception contemplated is not specifically authorized to grant such exceptions and only under the terms of this Ordinance. Further, under no conditions shall the City Council have the power to grant an exception where conditions of such exception are not found to be present. An exception shall not be granted by the Council unless and until.

601.1.

Application. A written application for an exception is submitted indicating the section of the Ordinance under which the exception is sought and stating the grounds on which it is required.

601.2

Planning Commission Review. Applications for an exception shall be reviewed by the Planning Commission within 30 days after submittal of said application. Upon review the Planning Commission shall recommend to the City Council approval or denial of the application in writing specifying the reasons for such recommendation. If the Planning Commission does not act within 30 days, the application for exception shall be deemed to receive a recommendation for approval by the Planning Commission.

601.3

Hearings. The public hearing shall be held. Any party may appear in person, or by agency or attorney.

601.4

Findings. The City Council shall make a finding that it is empowered under the section of this Ordinance described in the application to grant the exception, and that the granting of the exception will not adversely affect the public interest.

601.5

Rules Governing Individual Exceptions. Before any exception shall be issued, the City Council shall make written findings certifying compliance with the specific rules governing individual exceptions and that satisfactory provision and arrangement have been made concerning the following, where applicable:

1.

Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe;

2.

Off-street parking and loading areas where required, with particular attention to the items in (1) above and the noise, glare, odor or economic effects of the exception on adjoining properties and properties generally in the district;

3.

Refuse and service areas, with particular reference to the items in (1) and (2) above;

4.

Utilities, with references to locations, availability and compatibility;

5.

Screening and buffering with reference to type, dimensions and character;

6.

Signs, if any, and proposed exterior lighting with reference to glare, traffic safety, economic effect and compatibility and harmony with properties in the district;

7.

Required yards and other open space;

8.

General compatibility with adjacent properties and other property in the district.

The County Board of Zoning Adjustment shall hear and determine appeals from or other matters referred to it regarding the application of this Ordinance. The Board shall fix a reasonable time for the hearing of an appeal or any matter referred to it. Notice of the time, place and subject of such hearing shall be published once in the official city newspaper at least ten days prior to the date fixed for hearing. A copy of said notice shall be mailed to each party in interest and to the Planning Commission.

Appeals to the County Board of Zoning Adjustment may be taken by any person aggrieved, or by any officer of the City or any governmental agency or body affected by any decisions of the officer administering the provisions of this Ordinance. Such appeal shall be taken within a reasonable time as provided by the rules of the Board, by filing a notice of appeal specifying the grounds thereof and the payment of the fee required therefore. The officer from whom the appeal is taken, when notified by the Board or its agent, shall forthwith transmit to the Board all the papers constituting the record upon which the action appealed from was taken.

602.1

Jurisdiction. The County Board of Zoning Adjustment shall be limited to the following actions:

1.

Powers relative to errors. To hear and decide appeals where it is alleged there is an error in any order, requirement, decision or determination made by an administrative official or agency based on or in the enforcement of any zoning regulation or related regulations.

2.

Map interpretation. To decide the proper interpretation of the Zoning District Map in the event of dispute or ambiguity.

The County Board of Zoning 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 will, 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. A variance may be granted in such case, upon a finding by the Board that all of the following conditions have been met:

603.1

Unique circumstances. That the variance requested arises from such condition which is unique to the property in question and which is not ordinarily found in the same zoning district; and is not created by an action or actions of the property owner or the applicant;

603.2

Consideration of Adjacent Property Rights. That the granting of the permit for the variance will not adversely affect the rights of adjacent property owners or residents;

603.3

Application of Regulations Constitutes Undue Hardship. That the strict application of the provisions of this Ordinance from which variance is requested will constitute unnecessary hardship upon the property owner represented in the application;

603.4

Consideration of General Welfare of Public. That the variance desired will not adversely affect the public health, safety, morals, order, convenience, prosperity or general welfare;

603.5

Requirement for Written Application and Conditions. A variance from the terms of this Ordinance shall not be granted by the County Board of Zoning Adjustment unless and until a written application for a variance is submitted demonstrating that special conditions and circumstances exist which are peculiar to the land, structure, or building involved and which are not applicable to other lands, structures, or buildings in the same district; that literal interpretation of the provisions of this Ordinance would deprive the applicant of rights commonly enjoyed by other properties in the same district under the terms of this Ordinance; that the special conditions and circumstances do not result from the actions of the applicant; and that granting the variance requested will not confer on the applicant any special privilege that is denied by this Ordinance to other land, structures, or buildings in the same district;

603.6

Effect of nonconformance. No nonconforming use of neighboring lands, structures, or buildings in the same district, and no permitted or nonconforming use of lands, structures or buildings in other districts shall be considered grounds for the issuance of a variance;

603.7

Public Hearing and Findings of the Board. Notice of public hearing shall be given as in Section 602 above; the public hearing shall be held. Any party may appear in person or by agent or by attorney; the County Board of Zoning Adjustment shall make findings that the requirements of this section have been met by the application for a variance; the Board shall further make a finding that the reasons set forth in the application justify the granting of the variance and that the variance is the minimum variance that will make possible the reasonable use of the land, building or structure; the Board shall further make a finding that the granting of the variance will be in harmony with the general purpose and intent of this Ordinance and will not be injurious to the neighborhood, or otherwise detrimental to the public welfare;

603.8

Conditions Imposed. In granting any variance, the County Board of Zoning Adjustment may prescribe appropriate conditions and safeguards in conformity with this Ordinance. Violation of such conditions and safeguards, when made a part of the terms under which the variance is granted, shall be deemed a violation of this Ordinance;

603.9

Use Variances. Under no circumstances shall the County Board of Zoning Adjustment grant a variance to allow a use not permissible under the terms of this Ordinance in the district involved, or any use expressly or by implication prohibited by the terms of this Ordinance in said district.

In exercising the above mentioned powers, the County Board of Zoning Adjustment may reverse or affirm, wholly or partly, or may modify the order, requirement, decision or determination as ought to be made, and to that end shall have all the powers of the officer from whom the appeal is taken.

A concurring vote of four-fifths of the members of the Board shall be necessary to reverse any order, requirement, decision or determination of such officer, or to decide in favor of the applicant on any matter upon which it is required to pass under this Ordinance or to effect any variation in this Ordinance.

Any person, official or governmental agency aggrieved with any decision or determination of the County Board of Adjustment may present a petition to the District Court, specifying the grounds of illegality and the procedure thereof as provided for in Section 19-912, Reissue Revised Statutes of Nebraska, 1943, in full.