The board of adjustment established pursuant to the provisions of Chapter 17.28 of this code shall continue, and the members thereof shall continue to serve as members of the board for the remainder of their terms. Said board consists of five members who shall be appointed by the mayor and city council, each for a term of five years. Members shall be removable for cause by the city council upon written charges and after public hearing. Vacancies shall be filled for the unexpired term of any member whose term becomes vacant. Matters relating to the powers and duties of the board shall be as provided by statute and the terms of this title.

(Ord. 952 (part), 1993)

A.

The board of adjustment shall adopt rules necessary to the conduct of its affairs and in keeping with the provisions of this title. Meetings shall be held at the call of the chairperson and at such other times as the board may determine. The chairperson, or in the chairperson's absence the acting chairperson, may administer oaths and compel attendance of witnesses. All meetings shall be open to the public.

B.

The board of adjustment shall keep minutes of its proceedings showing the vote of each member upon each question, or if absent or failing to vote indicating such fact, and shall keep records of its examinations and other official actions, all of which shall be of public record and be immediately filed in the office of the board.

(Ord. 952 (part), 1993)

A.

Appeals to the board of adjustment concerning interpretation or administration of this title may be taken by any aggrieved person or by any officer or bureau of the city affected by any decision of the zoning administrator. Such appeals shall be taken within a reasonable time, not to exceed sixty days, by filing with the zoning administrator and with the board of adjustment a notice of appeal specifying the grounds thereof. The zoning administrator shall forthwith transmit to the board all papers constituting the record upon which the action appealed from was taken.

B.

The board of adjustment shall fix a reasonable time for the hearing on the appeal, give public notice thereof, as well as due notice to the parties in interest, and decide the issue within a reasonable time. At the hearing, any party may appear in person or be represented by an agent or attorney.

C.

A fee shall be paid to the zoning administrator at the time the notice of appeal is filed, which the zoning administrator shall forthwith pay over to the city clerk to be credited to the general revenue fund of the city. The filing fee will be as established from time to time by the city council by appropriate resolution which fee shall be set out in the appendix to the Decorah Municipal Code.

(Ord. 966 § 1 (part), 1995)

An appeal stays all proceedings in furtherance of the action appealed from, unless the zoning administrator from whom the appeal is taken certifies to the board of adjustment after the notice of appeal is filed with the administrator that by reason of facts stated in the certificate, a stay would, in the administrator's opinion, cause imminent peril to life and property. In such case, proceedings shall not be stayed other than by a restraining order which may be granted by the board of adjustment or by a court of record on application, on notice to the zoning administrator and on due cause shown.

(Ord. 952 (part), 1993)

The board of adjustment shall have the following powers and duties: to hear and decide appeals where it is alleged there is error in any order, requirement, decision, or determination made by the zoning administrator in the enforcement of this title.

(Ord. 952 (part), 1993)

A.

The board of adjustment shall hear and decide such special exception cases as it is specifically authorized to pass on by the terms of this title; to decide such questions as are involved in determining whether special exceptions should be granted, to grant special exceptions with such conditions and safeguards as are appropriate under this title, and to deny special exceptions when not in harmony with the purpose and intent of this title. A special exception shall not be granted by the board of adjustment unless and until the following requirements are met:

1.

A written application for a special exception shall be submitted, indicating the section of this title under which the special exception is sought and stating the grounds on which it is requested.

2.

Notice shall be given at least seven days in advance of the public hearing by publication in a newspaper of general circulation in the city.

3.

The public hearing shall be held. Any party may appear in person or be represented by agent or attorney.

4.

The board of adjustment shall make a finding that it is empowered under the section of this title described in the application to grant the special exception, and that the granting of the special exception will not adversely affect the public interest.

B.

In granting any special exception, the board of adjustment may prescribe appropriate conditions and safeguards in conformity with this title. Violation of such conditions and safeguards, when made a part of the terms under which the special exception is granted, shall be deemed a violation of this title and punishable under Chapter 1.24 of this code. The board of adjustment shall prescribe a time limit within which the action for which the special exception is required shall be begun or completed, or both. Failure to begin or complete such action within the time limit set shall void the special exception.

(Ord. 952 (part), 1993)

A.

Variances, Other Than Dimensional Variances. The board of adjustment may authorize upon appeal in specific cases such variance from the terms of this title as will not be contrary to the public interest where, owing to the special conditions, a literal enforcement of the provisions of this title would result in unnecessary hardship. A variance from the terms of this title, other than a dimensional variance, shall not be granted by the board of adjustment unless a written application for a variance is submitted demonstrating the following:

1.

That special conditions and circumstances exist which are peculiar to the land, structure or building involved and which are not applicable to other lands, structures or buildings in the same district;

2.

That literal interpretation of the provisions of this title would deprive the applicant of rights commonly enjoyed by other properties in the same district under the terms of this title;

3.

That the special conditions and circumstances do not result from the actions of the applicant; and

4.

That granting the variance requested will not confer on the applicant any special privilege that is denied by this title to other lands, structures or buildings in the same district, and that no permitted use of land, structures or buildings in other districts shall be considered grounds for the issuance of a variance.

B.

Dimensional Variances. The board of adjustment may authorize on appeal, in specific cases, such variance from the terms of the ordinance with respect to the area, dimensional, or other numerical limitations as will not be contrary to the public interest. Area, dimensional, or other numerical limitations subject to variances include, but are not limited to, requirements for minimum lot size, setbacks, yard widths, height, bulk, sidewalks, fencing, signage, and off-street parking. A dimensional variance must ensure it complies with the spirit of the ordinance and ensure substantial justice is done. A dimensional variance from the terms of this title shall not be granted by the board of adjustment unless a written application for a variance is submitted demonstrating and proving the following:

1.

That owning to special conditions a literal enforcement of the provisions of the ordinance will result in practical difficulties to the property owner in making a beneficial use of the property allowed by the zoning ordinance;

2.

The practical difficulties faced are unique to the property at issue and not self-created; and

3.

That granting the variance will not significantly alter the essential character of the surrounding neighborhood.

C.

Before any type of variance may be granted by the board of adjustment, notice must be given and a public hearing held on the variance application as follows:

1.

Notice of public hearing shall be given as in subsection (A)(2) of Section 17.28.060; and

2.

The public hearing shall be held. Any party may appear in person or be represented by an agent or an attorney.

(Ord. 952 (part), 1993)

(Ord. No. 1348, § 1, 10-20-2025)

A.

The board of adjustment shall make findings that the requirements of subsection A of Section 17.28.070 have been met by the applicant for a variance, other than a dimensional variance, or subsection B of Section 17.28.070 have been met by the applicant for a dimensional variance.

B.

The board of adjustment shall further make a finding that the reasons set forth in the application justify the granting of the variance, and that the variance is the minimum variance that will make possible the reasonable use of the land, building or structure.

C.

The board of adjustment shall further make a finding that the granting of the variance will be in harmony with the general purpose and intent of this title and will not be injurious to the neighborhood or otherwise detrimental to the public welfare.

D.

In granting any variance, the board of adjustment may prescribe appropriate conditions and safeguards in conformity with this title. Violations of such conditions and safeguards, when made a part of the terms under which the variance is granted, shall be deemed a violation of this title and punishable under Chapter 1.24 of this code. Under no circumstances shall the board of adjustment grant a variance to allow a use not permissible under the terms of this title in the district involved, or any use expressly or by implication prohibited by the terms of this title in said district.

E.

The zoning administrator shall issue to an applicant a compliance certificate concurrent with the approval of a variance by the board of adjustment.

(Ord. 1051 (part), 2002; Ord. 952 (part), 1993)

(Ord. No. 1348, § 2, 10-20-2025)

A.

In exercising the above-mentioned powers, the board of adjustment may, so long as such action is in conformity with the terms of this title, reverse or affirm, wholly or partly, or may modify the order, requirement, decision or determination as ought to be made, and to that end shall have powers of the zoning administrator from whom the appeal is taken. The concurring vote of three members of the board shall be necessary to reverse any order, requirement, decision or determination of the zoning administrator, or to decide in favor of the applicant on any matter upon which it is required to pass under this title, or to effect any variation in application of this title; provided, however, that the action of the board shall not become effective until after the resolution of the board, setting forth the full reason for its decision and the vote of each member participating therein, has been filed. Such resolution, immediately following the board's final decision, shall be filed in the office of the board, and shall be open to public inspection.

B.

Every variation and exception granted or denied by the board shall be supported by a written testimony or evidence submitted in connection therewith.

(Ord. 952 (part), 1993)

Any taxpayer or any officer, department, board or bureau of the city, or any person or persons jointly or severally aggrieved by any decision of the board may present to a court of record a petition, duly verified, setting forth that such decision is illegal, in whole or in part, specifying the grounds of the illegality. Such petition shall be presented to the court within thirty days after the filing of the decision in the office of the board.

(Ord. 952 (part), 1993)

All compliance certificates issued for an approved variance shall expire and terminate two years after the date of issuance unless the project for which the compliance certificate was issued has been substantially completed. The zoning administrator may, upon written request of the applicant, extend the compliance certificate for an additional one year period. Any subsequent extension of the compliance certificate will require reapplication to the board of adjustment.

(Ord. 1051 (part), 2002)