14-410. Zoning board of appeals; appeal; procedure; effect.
272 words·~1 min read·
/ne/chapter-14/14-410A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Any appeal heard pursuant to section 14-409 may be taken by any person aggrieved or by an officer, department, board, or bureau of the city. Such appeal shall be taken within such time as shall be prescribed by the zoning board of appeals by general rule, by filing with the officer from whom the appeal is taken and with the zoning board of appeals a notice of appeal, specifying the grounds for such appeal. The officer from whom the appeal is taken shall transmit to the zoning board of appeals all the papers constituting the record upon which the action appealed from was taken.
An appeal stays all proceedings in furtherance of the action appealed from, unless the officer from whom the appeal is taken certifies to the zoning board of appeals, after the notice of appeal shall have been filed with such officer, that by reason of facts stated in the certificate a stay would, in such officer's opinion, cause imminent peril to life or property, in which case proceedings shall not be stayed otherwise than by a restraining order which may be granted by the zoning board of appeals or by a court of record on application, on notice to the officer from whom the appeal is taken and on a showing of due cause.
Regardless of whether a request for variances was termed an "appeal," a zoning board of appeals was exercising appellate jurisdiction when the board granted certain variances. Lamar Co. v. Omaha Zoning Bd. of Appeals, 271 Neb. 473, 713 N.W.2d 406 (2006).
Appeal procedure is provided. Peterson v. Vasak, 162 Neb. 498, 76 N.W.2d 420 (1956).