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Minden City Zoning Code

ARTICLE II

- BOARD OF ADJUSTMENT

Sec. 94-31. - Creation.

In compliance with provisions of R.R.S. 1943, ch. 19, art. 9, the board of adjustment is hereby created. The number of members of the board, their terms of office, succession, removal, and filling of vacancies shall be as provided in R.R.S. 1943, ch. 19, art. 9, and the powers and duties of the board shall likewise be as provided in the article. Until such time as a board of adjustment is appointed, the city planning and zoning commission shall act as such; provided, however, any party aggrieved by the action of the city planning and zoning commission shall have the right to appeal from its decision to the city council, which shall then be the official board of adjustment, as provided for by law.

(Code 1982, § 15-212.01)

Sec. 94-32. - Appeals.

Appeals to the board of adjustment may be taken by any person aggrieved or by any officer, department, board or bureau of the city affected by any action of the zoning inspector. Such appeal shall be taken within 20 days after the action by filing with the zoning inspector and with the board of adjustment a notice of appeal specifying the grounds thereof. The zoning inspector shall forthwith transmit to the board of adjustment all the papers constituting the record upon which the action appealed from was taken.

(Code 1982, § 15-212.02)

Sec. 94-33. - Nature of notice.

The board of adjustment shall fix a reasonable time for the hearing of an appeal, shall give at least ten days' notice to the public and to the parties in interest, and decide the appeal within a reasonable time after it is submitted. Upon the hearing, any party may appear in person or by agent or attorney. Any party adversely affected by a decision of the board of adjustment may appeal to the district county court in the manner set forth in R.R.S. 1943, ch. 19, art. 9, on the grounds that such decision was illegal. The court may affirm, reverse, vacate or modify the decision complained of in the appeal.

(Code 1982, § 15-212.03)