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SARPY COUNTY BOARD OF ADJUSTMENT
RULES and REGULATIONS
BY THE AUTHORITY CONFERRED UPON THE SARPY
COUNTY BOARD OF ADJUSTMENT TO ADOPT AND ENFORCE REASONABLE
RULES AND REGULATIONS REGARDING THE CONDUCT OF PERSONS ATTENDING,
AND/OR SPEAKING AT A MEETING OF THE BOARD OF ADJUSTMENT, AS
SET FORTH BY SECTION 41, SARPY COUNTY ZONING ORDINANCES AND
SUBDIVISION REGULATIONS, AND AS THAT SECTION MAY, FROM TIME
TO TIME BE AMENDED, IT IS HEREBY RESOLVED THAT THE FOLLOWING
RULES AND REGULATIONS REGARDING THE CONDUCT OF MEETINGS OF
THE SARPY COUNTY BOARD OF ADJUSTMENT ARE ADOPTED THIS _______
DAY OF_______________, 2001, AND THAT THE SAME SHALL BE IN
FULL FORCE AND EFFECT AT ALL MEETINGS OF THE SARPY COUNTY
BOARD OF ADJUSTMENT, UNLESS OTHERWISE PROVIDED.
NOTICE
1. Legal notice of all matters to come before
the County Board of Adjustment requiring such legal notice
shall be given as required by law and published in the legal
record of the County. In addition, the Board will endeavor
to give written notice to owners of property under appeal
at least one (1) week before the date of the public hearing.
2. The Board will meet on the third (3rd)
Monday of each month, if required. At each scheduled meeting
the Board will take action on items of business after the
necessary public hearing(s) have been held on items currently
before the Board.
3. The Board shall hold its meetings at
7:30 P.M. in the Sarpy County Boardroom, 1210 Golden Gate
Dr, Papillion, NE 68046.
AGENDA
1. The Sarpy County Clerk's office, acting
as Recording Secretary, will maintain the agenda for the Board
of Adjustment meetings. An agenda of the matters to come before
the Board will be prepared by the Sarpy County Clerk's Department
and mailed to all Board members and known interested parties
one week prior to the public hearing. Items not on the agenda
will not be heard by the Board, unless, by unanimous vote
of the members present, if determined that an emergency exists
and that the public interest dictates that the matter be heard.
2. "Application For A Special Exception
to the Zoning Regulation Requirements" shall be accepted by
the County Clerk's office during posted business hours only.
Said application shall be accompanied by a certified copy
of the most recent Deed or other instrument affecting title
to the subject property on file in the office of the Register
of Deeds. Supporting data shall be included and a $100.00 fee
is also required upon application.
3. The matters shall be heard in the order
that items appear on the agenda.
TESTIMONY - DUTY OF APPELLANT
1. The role and function of the Board of
Adjustment is to hear and decide appeals where any property
owner is aggrieved by the action of any officer, department,
board or bureau of the County in the adoption and provisions
of this ordinance; or where it is alleged that there is an
error in any order, requirement, decision or determination
made by the Building Inspector in the enforcement of this
ordinance. This role continues in the determination in zoning
matters in relation to interpreting the zoning laws of Sarpy
County and the granting of zoning variances and exceptions,
all to be in accordance with the jurisdictional basis and
limitations as provided by Section 41, Sarpy County Zoning
Ordinances and Subdivision Regulations.
2. All appeals to this Board shall state
the jurisdictional basis upon which the appeal is being made
and shall state the name of the real party or parties in interest.
3. No person shall address the Board, unless
and until first recognized by the Chairperson or Vice-Chairperson
of the Board. No person shall address the Board, after having
been recognized until that person has signed the Register
found on the speaker's podium, and placed his or her true
name and address on the Register, in order that said information
may be truly and accurately reflected in the Minutes of the
Board of Adjustment. No person shall address the Board on
a topic other than that shown on the Agenda for the meeting.
Nothing in this Rule shall prevent the Board, by four affirmative
votes, from suspending this rule, to allow the Board to take
up the matter, or to allow debate on an item which does not
appear on the agenda, if an emergency exists. Testimony before
the Board shall be relevant to the jurisdictional basis upon
which the appeal is made.
4. The appellant must state facts sufficient
to permit the Board to find in favor of the appellant within
the jurisdictional limitations of the Board as provided by
Section 41, Zoning Ordinances and Subdivision Regulations.
The appellant shall clearly indicate the manner in which the
asserted facts fit into the jurisdictional framework of the
Board.
5. Material and testimony submitted should
be as factual as possible. Persons testifying before this
Board must be able to substantiate asserted facts to the satisfaction
of the Board. Presentation of drawings, photographs or similar
evidence may be made, provided that such evidence shall be
substantiated as may be required by the Board.
6. The Board may ask questions of persons
testifying. There shall, however, be no cross-examination
or direct questioning in front of the Board between proponents
and opponents.
PRESENTATION OF TESTIMONY
7. The appellant must present his or her
testimony first. Those seeking information or opposed to the
application shall then be called upon to present their testimony.
Each person should first state his or her name and address.
Such individual should then present the reasons why the appeal
should be granted or should not be granted, in relation to
the Board's jurisdictional framework as provided in Section
41, Zoning Ordinances & Subdivision Regulations.
8. Any person may testify in his or her own behalf or may
be represented by an attorney or may be represented by a close
relative or friend or by a neighborhood representative when,
in the judgement of the Chairman, said representative is knowledgeable
of the factual basis for the appeal and has been authorized
in writing to act as a representative.
9. It is requested that where large neighborhood
groups are presenting testimony on an appeal, where possible
one or two spokesperson be elected to present the arguments
for the group. Such a spokesperson may call upon the entire
group to stand or raise their hands so that the Board may
have an idea as to the size of the group that does share their
views. All parties should, of course, recognize that the Board
is primarily interested in the facts with regard to the basis
for the Appeal and is not conducting a popularity contest.
10. The applicant shall then be entitled
to a very brief rebuttal if he/she so desires.
11. All parties presenting testimony are
requested to avoid repetition of statements and are requested
to present their position as briefly as possible.
12. The Board may call upon staff assistance
or comments from the proper County personnel at any time during
the proceedings.
DUTIES OF THE BOARD CHAIRPERSON
1. The Board Chairperson or Vice-Chairperson,
in the Chairperson's absence, shall be in charge of Board
meetings, and shall be responsible for directing the order
of the Board meetings, for directing persons testifying before
the Board to limit their testimony to matters having relevance
to the jurisdictional basis upon which an appeal has been
made, and for directing the development of facts in support
of any final action taken by the Board.
2. Should any person or persons disturb,
disrupt or otherwise interfere with the proceedings of the
Board of Adjustment, at the request of any member of the Board,
or on its own motion, the Chair shall warn the person or persons
against further interference. Should the person or persons
persist in disturbing or otherwise interfering with the proceedings
of the Board of Adjustment, the Chair shall direct such person
to leave said meeting. The Chair may declare a recess until
order has been restored.
WITHDRAWAL
1. Any matter which has been advertised
for public hearing may be withdrawn or deferred prior to preparation
of the agenda on Friday before the Board meeting. Once the
agenda has been prepared, items may be withdrawn or deferred
only for good cause, with approval of the Chairperson or Vice-Chairperson,
if the Chairperson is out of town and not available.
FINAL ACTION
1. Where by reason of exceptional narrowness,
shallowness, or shape of a specific piece of property at the
time of the adoption of the zoning regulation, or by reason
of exceptional topographic conditions or other extraordinary
and exceptional situation or condition of such piece of property,
the strict application of any enacted resolution under this
resolution would result in peculiar and exceptional practical
difficulties to, or exceptional and undue hardships upon the
owner of such property, a variance from such strict application
so as to relieve such difficulties or hardship, if such relief
may be granted without substantial detriment to the public
good and without substantially impairing the intent and purpose
of any zoning regulation, may be granted.
The Board shall set out findings of fact
based on evidence and testimony that the following conditions
exist or would result:
1. The strict application of the zoning
ordinance would produce undue hardship;
2. List why such hardship is not shared generally by other
properties in the same zoning district and the same vicinity;
3. Cite evidence that the authorization of such variance
will not be of substantial detriment to adjacent property
and the character of the district will not be changed by
the granting of the variance; and
4. The granting of such variance is based upon reasons of
demonstrable and exceptional hardship as distinguished from
variations of the ordinances for the purpose of convenience,
profit or caprice.
2. No variance shall be authorized unless
the Board of Adjustment finds that the condition or situation
of the property concerned or the intended use of the property
is not of so general or recurring a nature as to make reasonably
practicable the formulation of a general regulation or ordinance
to be adopted as an amendment to the ordinances.
3. In exercising the above-mentioned powers,
the Board of Adjustment may, in conformity with the provisions
of said sections, reverse or affirm, wholly or partly, or
may modify the order, requirements, decision or determination
appealed from and may make such order, requirement, decision
or determination as shall be proper and to that end shall
have the power of the officer or agency from whom the appeal
is taken.
4. The concurring vote of four members of
the Board shall be necessary to reverse any order, requirement,
decision or determination of any such administrative official,
or to decide in favor of the applicant on any matter upon
which it is required to pass under any resolution or to effect
any variation in such resolution.
5. The Board's decision, together with the
supportive facts developed by the Board, shall be sent to
the County Board of Commissioners within seven (7) days of
such action.
AMENDMENT OR SUSPENSION OF RULES
1. These rules may be amended by an affirmative
vote of four members after at least 30 days' notice to all
Board members.
2. Any and all rules may be suspended as
to any matter before the Board, as otherwise permitted by
law by four affirmative votes of this Board.
MINUTES OF MEETING
1. The Sarpy County Board of Adjustment
shall keep minutes of all meetings which must include the
following: the time and place of the meeting, members present
and absent, substance of all matters discussed, any action
must be taken by roll call vote, and the minutes must state
how each member voted or if the member did not vote or was
absent. The election of the Chairperson and Vice Chair may
be by secret ballot, but the total votes for each candidate
must be stated in the minutes. A new Chairperson is elected
the first meeting of every year
2. All minutes of open meetings, evidence
and documentation received or disclosed in open session shall
be public record (Available in the County Clerk's office)
and open to the public during normal business hours.
3. The minutes shall be written and made
available to the public within ten (10) working days of the
meeting or prior to the next meeting, whichever is earlier.
(Copies available in the County Clerk's office)
4. Persons requesting transcripts of Board
proceedings may purchase a copy of the audiotapes maintained
by the County Clerk's Office for $3.00 per tape.
Approved as to form and legality: ADOPTED
ON THE ________ DAY OF____________ , 2001.
__\s\Renee Lansman_______________ ____\s\Gene Benash__________
ATTEST: Board of Adjustment Secretary Gene Benash, Chairman
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