§ 3-312 — Zoning regulations; property inconsistent with regulations; variance; allowance; exception

Any person desiring to erect
any structure, increase the height of any structure, permit the growth of
any tree, or otherwise
use his or her property
in a manner inconsistent with the
airport zoning regulations adopted under the
Airport Zoning Act may apply to the board of adjustment for a
variance from the zoning regulations in question. Such variances shall be
allowed only if the
board of adjustment makes the same findings for the granting of variances
generally as set forth in subsection (2) of section 19-910 , except that if
the applicant demonstrates that the proposed structure or alteration of a
structure does not require any modification or revision to any approach or
approach procedure as approved or written by the Federal Aviation Administration
on either an existing or proposed runway and the applicant provides signed
documentation from the Federal Aviation Administration that the proposed structure
or alteration of the structure will not require any modification or revision
of any airport minimums, such documentation may constitute evidence of undue
hardship and the board of adjustment may grant the requested variance without
such findings. Any variance may be allowed subject to any reasonable
conditions that the board of adjustment may deem necessary to effectuate the
purposes of the act.

Legislative History

Source: Laws 1945, c. 233, § 7(2), p. 686; Laws 2013, LB140, § 12.