19-911 Board of adjustment; village board of trustees may act; exception; powers and duties.

NE Code § 19-911 (2019) (N/A)
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19-911. Board of adjustment; village board of trustees may act; exception; powers and duties.

Notwithstanding the provisions of sections 19-907 and 19-908, the village board of trustees may, except as set forth in section 19-912.01, provide by ordinance that it shall constitute a board of adjustment, and in the regulations and restrictions adopted pursuant to the authority of sections 19-901 to 19-905 may provide that as such board of adjustment it may exercise only the powers granted to boards of adjustment by section 19-910. As such board of adjustment, the village board of trustees shall adopt rules and procedures that are in harmony with sections 19-907 to 19-910 and shall have the powers and duties of a board of adjustment provided for in such sections, and other parties shall have all the rights and privileges provided for in such sections. The concurring vote of two-thirds of the members of the village board of trustees acting as a board of adjustment shall decide any question upon which it is required to pass as such board of adjustment.

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Annotations

The city council of a first-class city is not authorized by this section to sit as a board of adjustment. Staley v. City of Blair, 206 Neb. 292, 292 N.W.2d 570 (1980).

City council may sit as a board of adjustment. Weber v. City of Grand Island, 165 Neb. 827, 87 N.W.2d 575 (1958).