A Board of Adjustment is established, the members of which shall be appointed by the Mayor with the approval of the Council. The Board of Adjustment shall consist of five members, none of whom shall hold an elective office or other official position in the City. The initial members shall be appointed for terms of one, two, three, four, and five years respectively. Their successors shall be appointed upon the expiration of their respective terms to serve five years. The members of the Board shall be removable for cause by Council upon written charges and after public hearing. A vacancy shall be filled by the Mayor with the approval of the Council for the unexpired term of any member who resigns, dies, or is removed. The Board shall elect a Chairperson from its members and a Secretary who may (but need not be) a member of the Board. Three Board members shall make a quorum for transacting business at a meeting.

1.   Powers. The Board of Adjustment shall have the following powers:

   A.   Administrative Review. To hear and decide appeals where it is alleged by the appellants that there is error in any order, requirement, permit, decision, determination, or refusal made by the Zoning Officer or other administrative official in the carrying out or enforcement of any provision of the Zoning Ordinance, and for interpretation of the Zoning Map. The concurring vote of three members of the Board shall be necessary to reverse or modify any order or decision of any administrative official.

   B.   Special Exceptions. To hear and decide applications for special exceptions specified in this chapter, and for decisions on any special questions upon which the Board of Adjustment is specifically authorized to pass.

   C.   Variances. To hear and decide applications for variance from the terms of this chapter because of unnecessary hardship. Before any variance is granted, all of the following conditions must be shown to be present:

      (1)   Conditions and circumstances are peculiar to the land, structure, or building and do not apply to neighboring lands, structures, or buildings in the same district.

      (2)   Strict application to the provisions of this chapter will deprive the applicant of reasonable use of the land, structure, or building equivalent to the use made of neighboring lands, structures, or buildings in the same district and permitted under the terms of this chapter.

      (3)   The peculiar conditions and circumstances are not the result of action of the applicant or persons previously in possession of the property.

   D.   Financial disadvantage to the property owner shall not constitute conclusive proof of unnecessary hardship with the purposes of zoning.

   E.   The Board does not possess the power to permit a use not generally or by special exception permitted in the district involved.

   F.   In granting a variance, the Board may attach any conditions and safeguards it deems necessary or desirable in furthering the purposes of this chapter. Violation of any of these conditions or safeguards shall be deemed a violation of the provisions of this chapter.

   G.   The City Council may review variances granted by the Board before their effective date, as authorized by the Code of Iowa.

2.   Reports. All minutes of the Board of Adjustment shall be reported in writing to the Zoning Officer within seven days of the date of the meeting.