The purpose of this Chapter is to establish requirements within parameters set for the different zones.

A Zoning Board of Adjustment is hereby established which shall consist of the members of the Malcolm Village Board of Trustees. Appeals to the Zoning Board of Adjustment may be taken by a person aggrieved or by any officer, department, board or bureau of the Village affected by any decision of the Building Inspector. Such an appeal shall be taken within thirty (30) days after written notification of the decision of the Building Inspector. The Village Board of Trustees may establish a fee schedule for such appeals. The Zoning Board of Adjustment shall have only those powers specifically authorized by Nebraska Revised Statutes §19-910, and shall operate as provided by Nebraska Revised Statutes §19-908 through §19-911.

(Revised April 22, 2002, Ordinance 2002-04)

The Village Board of Trustees and Planning Commission may grant variances from the provisions of this Chapter, but only after determining that:

1. There are unique circumstances or conditions affecting the property;
2. The variance is necessary for the reasonable and acceptable development of the property in question; and
3. The granting of the variance will not be detrimental to the public welfare or injurious to adjacent property.

The requirement of filing and recording a plat for subdivision shall not be waived.

(Revised April 22, 2002, Ordinance 2002-04)