Elk Horn City Zoning Code

A Board of Adjustment is hereby established. The Board shall consist of five (5) members appointed by the Mayor, subject to approval by the Council. The five members of the first Board appointed shall serve terms of one (1), two (2), three (3), four (4) and five (5) years, respectively. Thereafter, terms shall be for five (5) years. Members of the Board of Adjustment may be removed from office by the Mayor, subject to approval by the Council for cause upon written charges and after public hearing. Vacancies shall be filled by the Mayor, subject to approval by the Council for the unexpired term of the member. One member shall be a member of the commission.

(Code of Iowa, Sec. 414.7 and 414.8)

Effective on: 1/1/1901

The Board of Adjustment may adopt rules necessary to the conduct of its affairs, and in keeping with the provisions of this ordinance. Meetings shall be held at the call of the chairman and at such other times as the Board may determine. The chairman, or in his absence the acting chairman, may administer oaths and compel attendance of witnesses. All meetings shall be open to the public.

(Code of Iowa, Sec. 414.9)

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 a public record and be immediately filed in the office of the Board.

(Code of Iowa, Sec. 414.9)

Effective on: 1/1/1901

Appeals to the Board of Adjustment concerning interpretation or administration of this ordinance may be taken by any person aggrieved or by any official or bureau of the governing body of the City affected by any decision of the Building Official. Such appeal shall be taken within thirty (30) days of such grievance by filing with the Building Official a notice of appeal specifying the grounds thereof. The Building Official shall forthwith transmit to the Board all papers constituting the record upon which the action appealed from was taken.

(Code of Iowa, Sec. 414.10 and 414.11)

The Board of Adjustment shall fix a reasonable time for the hearing of appeal, give public notice thereof as well as due notice to the parties in interest, including the owners of property within two hundred feet (200’) of the property on which the appeal has been filed, and decide the same within a reasonable time. At the hearing any party may appear in person or by agent or attorney.

A fee of (no fee required) shall be paid to the Clerk at the time the notice of appeal is filed, which the Clerk shall forthwith pay over to the credit of the general revenue fund of the City.

Effective on: 1/1/1901

An appeal stays all proceedings in furtherance of the action appealed from, unless the Building Official from whom the appeal is taken certifies to the Board of Adjustment after the notice of appeal is filed with him, that by reason of facts stated in the certificate, a stay would, in his 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, and notice to the Building Official from whom the appeal is taken and on due cause shown.

(Code of Iowa, Sec. 414.11)

Effective on: 1/1/1901

The Board of Adjustment shall have the following powers and duties:

(Code of Iowa, Sec. 414.12)

1. 20.5.1
   Administrative Review. To hear and decide appeals where it is alleged there is error in any order, requirement, decision, or determination made by the Building Official in the enforcement of this ordinance.
2. 20.5.2
   Conditional Uses: Conditions Governing Applications: Procedures. To hear and decide only such conditional uses as the Board of Adjustment is specifically authorized to pass on by the terms of this ordinance; to decide such questions as are involved in determining whether conditional uses should be granted; and to grant conditional uses with such conditions and safeguards as are appropriate under this ordinance, and to deny conditional uses when not in harmony with the purpose and intent of this ordinance.

   In granting any conditional use, the Board of Adjustment may prescribe appropriate conditions and safeguards in conformity with this ordinance. Violation of such conditions and safeguards when made a part of the terms under which the conditional use is granted, shall be deemed a violation of this ordinance and punishable under ARTICLE XXI of this ordinance. The Board of Adjustment shall prescribe a time limit within which the action for which the conditional use is required shall be begun or completed, or both. Failure to begin or complete, or both, such action within the time limit set shall void the conditional use.

   A conditional use shall not be granted by the Board of Adjustment unless and until:

   1. A.
      A written application for a conditional use is submitted indicating the section of this ordinance under which the conditional use is sought and stating the grounds on which it is requested.
   2. B.
      Notice shall be given at least four (4), but not more than twenty (20) days in advance of the public hearing by publication in a newspaper of general circulation in the County.
   3. C.
      The public hearing shall be held. Any party may appear in person, or by agent or attorney.
   4. D.
      In reviewing an application for a conditional use, the Board of Adjustment shall consider the most appropriate use of the land; the conservation and stabilization of property values; adequate open spaces for light and air; concentration of population; congestion of public streets; the promotion of the public safety, morals, health, convenience and comfort; and the general welfare of the persons residing or working in the general area.
   5. E.
      The Board of Adjustment shall make a finding that it is empowered under the section of this ordinance described in the application to grant the conditional use, and that the granting of the conditional use will not adversely affect the public interest. In making its finding, the Board of Adjustment shall, where applicable, duly consider the following:

      1. (1)
         Ingress and egress to property with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe;
      2. (2)
         Off-street parking, loading and service areas where required;
      3. (3)
         Economic, noise, dust, heat, glare, or odor effects of the special exception on surrounding properties;
      4. (4)
         Utilities, with reference to locations, availability, adequacy and compatibility;
      5. (5)
         Screens and buffers with reference to type, dimensions, character and adequacy;
      6. (6)
         General compatibility with surrounding properties;
      7. (7)
         Required yards and other open spaces.
3. 20.5.3
   Variances: Conditions Governing Application, Procedures. To authorize upon appeal in specific cases such variance from the terms of this ordinance as will not be contrary to the public interest where, owing to the special conditions, a literal enforcement of the provisions of this ordinance would result in unnecessary hardship. A variance from the terms of this ordinance shall not be granted by the Board of Adjustment unless and until:

   1. A.
      A written application for a variance is submitted demonstrating:

      1. (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. (2)
         That literal interpretation of the provisions of this ordinance would deprive the applicant of rights commonly enjoyed by other properties in the same district under the terms of this ordinance;
      3. (3)
         That the special conditions and circumstances do not result from the actions of the applicant;
      4. (4)
         That granting the variance requested will not confer on the applicant any special privilege that is denied by this ordinance to other lands, structures, or buildings in the same district. No nonconforming use of neighboring lands, structures, or buildings in other districts shall be considered grounds for the issuance of a variance.
   2. B.
      Notice of public hearing shall be given as in Section 20.52 (B) above.
   3. C.
      The public hearing shall be held. Any party may appear in person, or by agent or by attorney.
   4. D.
      The Board of Adjustment shall make findings that the requirements of Section 20.52 have been met by the applicant for a variance.
   5. E.
      The Board of Adjustment shall further make a finding that the reasons set forth in the application justify the granting of the variance that will make possible the reasonable use of the land, building or structure.
   6. F.
      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 ordinance, and will not be injurious to the neighborhood, or otherwise detrimental to the public welfare.

   In granting any variance, the Board of Adjustment may prescribe appropriate conditions and safeguards in conformity with this ordinance. 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 ordinance and punishable under ARTICLE XXI of this ordinance. Under no circumstances shall the Board of Adjustment grant a variance to allow a use not permitted in the district involved, or any use expressly or by implication prohibited by the terms of this ordinance in said district.

Effective on: 1/1/1901

In exercising the above mentioned powers, the Board of Adjustment may, so long as such action is in conformity with the terms of this ordinance, 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 Building Official 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 Building Official, or to decide in favor of the applicant on any matter upon which it is required to pass under this ordinance, or to effect any variation in application of this ordinance.

(Code of Iowa, Sec. 414.14)

Effective on: 1/1/1901

Any person or persons, or any board, taxpayer, department, board or bureau of the City aggrieved by any decision of the Board of Adjustment may seek review by a court of record of such decision, in the manner provided by the laws of the State and particularly by Chapter 414, Code of Iowa.

Effective on: 1/1/1901

The Board may call on City departments for assistance in the performance of its duties, and it shall be the duty of such departments to render such assistance to the Board as may reasonably be required.

Effective on: 1/1/1901

Where property is in use under the terms of a variance and such use ceases; or in the case of a structure, such structure ceases to exist, then the variance shall terminate, unless the terms of the variance specify otherwise.

Effective on: 1/1/1901