19-911. Board of adjustment; city council or village board of trustees powers and duties; exception.
253 words·~1 min read·
/ne/chapter-19/19-911A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Notwithstanding the provisions of sections 19-907 and 19-908 , the city council of a city of the first class, the city council of a city of the second class, or a village board of trustees may, except as set forth in section 19-912.01 , provide by ordinance that such city council or village board 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 city council or 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 city council or 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.
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).