The Board of Zoning Adjustment 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 appointing authority 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 Zoning 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 Zoning Adjustment and the appointment of another Planning Commissioner to the Board of Zoning Adjustment. The Board of Zoning Adjustment shall adopt rules in accordance with the provisions of any ordinance adopted pursuant to Neb. RS 19-901 to 19-914. Meetings of the Board shall be held at the call of the Chairperson and at such other times as the Board may determine. Such Chairperson, or in his or her absence the acting Chairperson, may administer oaths and compel the attendance of witnesses. All meetings of the Board shall be open to the public. 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 Board and shall be a public record.

(2005 Code, § 11-801)

   The Board shall have the powers and duties prescribed by law and by this chapter, which are more particularly specified in §§ 11-803 through 11-806.

(2005 Code, § 11-802)

   (A)   The Board of Zoning Adjustment shall, subject to appropriate conditions and safeguards as specified in these regulations have the following powers:

      (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 an agency 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 special exemptions or variances or for interpretation of any map; and

      (3)   Where by reason of exceptional narrowness, shallowness or shape of a specific piece of property at the time of the enactment of the regulation, 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 this act would result in peculiar and exceptional practical difficulties to, or exceptional and undue hardships upon the owner of such property.

   (B)   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 ought to be made 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 ordinance or to effect any variation in such ordinance.

(2005 Code, § 11-803)

   (A)   The Board of Zoning Adjustment may authorize variances from the requirements of this chapter where it can be shown that, owing to special and unusual circumstances relating to a specific piece of property, the literal interpretation of this chapter would cause an undue or unnecessary hardship; except that, no variance shall be granted to allow the use of property for purposes not authorized within the district in which the proposed use would be located, except a variance may be granted for the alteration or extension of an existing structure, which is non-conforming as to use if it meets the requirements of subsections (B) and (D) below. In granting a variance, the Board of Zoning Adjustment may attach conditions which it finds necessary to protect the best interests of the surrounding property or neighborhood and to otherwise achieve the purpose of this chapter.

   (B)   No variance shall be granted unless it can be shown that all of the following conditions are met:

      (1)   The strict application of the ordinance would produce undue hardship;

      (2)   Such hardship is not shared generally by other properties in the same zoning district and the same vicinity;

      (3)   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

      (4)   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.

(2005 Code, § 11-804)

   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 reasonably practicable the formulation of a general regulation to be adopted as an amendment to the Ordinance.

(2005 Code, § 11-805)

   The procedures to be followed by the Board of Zoning Adjustment shall be as follows.

   (A)   Written applications for the approval of the variances referred to in §§ 11-804 and 11-805 of this article shall be filed with the Board upon forms and in a manner prescribed by the Board. A fee as established by resolution of the City Council shall be paid to the Zoning Administrator, upon the filing of each application for variance, for the purpose of defraying costs of the proceedings described herein. A written receipt shall be issued to the person making such payment, and records thereof shall be kept in such manner as prescribed by law. Such applications, which appeal decisions by the enforcing officer, shall be made within 20 days of the date of such decision.

   (B)   The Board shall hold a public hearing on each application for a variance. Notice of the time and place of such hearing shall be given by publication thereof in a paper of general circulation in the city at least one time ten days prior to such hearing.

   (C)   The Board shall make its findings and determination in writing within 40 days from the date of filing the application and shall forthwith transmit a copy thereof to the applicant.

   (D)   The Board shall keep minutes of its proceedings, showing the vote of each member upon each question and shall keep records of its examinations and other official actions, which shall be a public record.

   (E)   In approving applications for variances, the Board shall have authority to impose such conditions as it deems necessary to protect the best interest of the surrounding property or neighborhood.

(2005 Code, § 11-806)