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.

Source:Laws 1927, c. 43, § 8, p. 186; C.S.1929, § 19-908; R.S.1943, § 19-911; Laws 1975, LB 410, § 19; Laws 1978, LB 186, § 7; Laws 1998, LB 901, § 2; Laws 2019, LB193, § 77.

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).