Nebraska Revised Statutes

Neb. Rev. Stat. § 23-174.09 (2026)

Board of zoning appeals; powers; duties

✓ current as of July 2026

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There may be created a board of zoning appeals comprised of five members appointed by the county board, which board shall have power to hear and decide appeals from any decision or order of the building inspector or other officers charged with the enforcement of the zoning resolution in those cases where it is alleged that such decision or order is in error. The board shall also have power to decide upon petitions for variances and, subject to such standards and procedures as the county board may provide in the zoning resolution, to vary the strict application of the height, area, parking, or density requirements to the extent necessary to permit the owner a reasonable use of his land in those specific instances where there are peculiar, exceptional, and unusual circumstances in connection with a specific parcel of land, which circumstances are not generally found within the locality or neighborhood concerned. The board may also have such related duties as the county board may assign. The county board may provide for appeals from a decision of the board.

Notes of Decisions

Cited in 1 case, 2002–2002 · leading case: Alderman v. Cnty. of Antelope, 653 N.W.2d 1 (Neb. Ct. App. 2002).

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Alderman v. Cnty. of Antelope, 653 N.W.2d 1 (Neb. Ct. App. 2002). · cites it 3× “) In my view, the action which the appellants filed in the district court for Antelope County on September 28, 1999, was an action to set aside the Board's order of September 14 as void under the open meetings law and was an appeal from that order and the action of the Board…”

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