A board of adjustment is created. Such board shall consist of five members, all of whom shall be freeholders and residents of the city. They shall be appointed by the mayor and with the consent of the city council. At least one member of the board shall be a member of the city plan commission. One member of the board shall be appointed to serve for a period of one year, one for a period of two years, and one for a period of three years, one for a period of four and one for a period of five years. Thereafter, members shall be appointed for a term of five years. Vacancies shall be filled by appointent for the unexpired term only. Members of the board shall serve without compensation. This board shall consist of persons selected for their knowledge of and interest in matters pertaining to this title.

(Ord. 986 (part), 1965: prior code § 26-21)

The members of the board of adjustment shall meet at such time and place as they may fix by resolution. They shall select one of their members as chairman and one as vice chairman, who shall serve one year and until their successors have been selected. Special meetings may be called at any time by the chairman or, in his absence, by the vice chairman. A majority of the board constitutes a quorum for the transaction of business. The board shall cause a proper record to be kept of its proceedings.

(Ord. 986 (part), 1965: prior code § 26-21.1)

Appeals to the board of adjustment may be taken by any persons aggrieved or by any officer, department or bureau of the city affected by any decision of the zoning administrator, but such appeal may be taken only upon such subjects and instances upon which the board is authorized to act under the provisions of this chapter. Such appeal shall be taken within fifteen days' time, as shall be prescribed by the board by general rule, by filing with the zoning administrator and with the board a notice of appeal in writing specifying the grounds thereof. The zoning administrator shall forthwith transmit to the board all of the papers constituting the record upon which the action appealed from is taken.

(Ord. 986 (part), 1965: prior code § 26-21.2)

An appeal stays all proceedings in furtherance of the action appealed from unless the zoning administrator certifies to the board after the notice of appeal shall have been filed with him that by reason of facts stated in the certificate a stay would, in his opinion, cause imminent peril to life or property. In such case, proceedings shall not be stayed otherwise than by a restraining order which may be granted by the board, or by a court of record on application or notice to the zoning administrator on good cause shown.

(Ord. 986 (part), 1965: prior code § 26-21.3)

The board shall fix a reasonable time for the hearing of the appeal, give not less than five days' public notice thereof by posting of not less than one sign of at least nine square feet in area with a white background and black letters at least three inches high containing notice of the hearing in a conspicuous place on or near the property upon which application for appeal is made, as well as due notice to the parties in interest, and decide the same within thirty days. Upon the hearing, any party may appeal in person, by agent, or by attorney.

(Ord. 986 (part), 1965: prior code § 26-21.4)

The concurring vote of three members of the board shall be necessary to reverse any order, requirements, decision, or determination of the zoning administrator, or to decide in favor of the applicant upon any matter upon which it is required to pass under any such ordinance, or to effect any variation in such ordinance. Upon the hearing any party may appear in person or by agent or by attorney.

(Ord. 986 (part), 1965: prior code § 26-21.5)

Fees for zoning appeals shall be as determined by separate resolution of the city council. Fees for required renewals of special use permits shall be waived. Fees shall be paid to the city clerk at the time notice of appeal is filed to the credit of the general revenue fund of the city, and under no circumstances shall the sum or any part thereof be refunded for failure of the appeal to be approved by the board of adjustment.

(Ord. 1519 § 24, 1990)

The board of adjustment shall have the following powers:

(1)

To hear and decide appeals where it is alleged that there is an error in any order, requirement, decision or determination made by the zoning administrator in the enforcement of this title;

(2)

In hearing and deciding appeals, to grant an exception in the following instances:

(A)

To permit or deny the extension of a district where the boundary line of a district divides a lot held in a single ownership on July 8, 1965,

(B)

To interpret the provisions of this title in such a way as to carry out the intent and purpose of the plan, as shown upon the map fixing the several districts accompanying and made a part of this title where the street layout actually on the ground varies from the street layout as shown on the map aforesaid,

(C)

To permit or deny a permit for the erection and use of a building or the use of premises for public utility purposes as allowed in Section 20.68.040(12) and to designate the terms, conditions and location of such buildings or premises for which such permit will be issued when the board at its discretion refuses to issue such permit,

(D)

To permit or deny the reconstruction of a nonconforming building which has been damaged by explosion, fire, act of God or the public enemy, to the extent of more than eighty percent of its fair market value, where the board finds some compelling necessity requiring a continuance of the nonconforming use and the primary purposes of continuing the nonconforming use is not to continue a monopoly,

(E)

Waive or reduce the parking and loading requirements in any of the districts whenever the character or use of the building is such as to make unnecessary the full provision of parking or loading facilities, or where such regulations would impose an unreasonable hardship upon the use of a lot, as contrasted with merely granting an advantage or a convenience,

(F)

Permit land within two hundred feet of a multiple dwelling to be improved for the parking spaces required in connection with a multiple dwelling, but only when there is positive assurance that such land will be used for such purpose during the existence of the multiple dwelling,

(G)

Add more uses to the list of those permitted in the C-3, M-1 and M-2 districts, provided that such uses are comparable in general character to those listed insofar as the emission of odor, dust, noise, gas and smoke is concerned,

(H)

To authorize the issuance of permits for special use as provided in Chapter 20.68;

(3)

To grant the following variations:

(A)

To permit a variation in the area regulations of any district where there are unusual practical difficulties or unnecessary hardships in the carrying out of these provisions due to an irregular shape of the lot, topographical or other conditions, provided such variation will not adversely affect any adjoining property or the general welfare,

(B)

To authorize upon appeal, whenever a property owner can show that a strict application of the terms of this title relating to the use, construction or alteration of buildings or structures or the use of land will impose upon him unusual practical difficulties or particular hardship, or that the application is not in the public interest, such variations of the strict application of the terms of this title as are in harmony with its general purpose and intent but only when the board is satisfied that a granting of such variation will not merely serve as a convenience to the applicant but will alleviate some demonstrable and unusual hardship or difficulty so great as to warrant a variation from the comprehensive plan as established by this title, and at the same time the surrounding property will be properly protected or that the variation will serve the public interest. Any such variation, if authorized, shall permit only the use so requested and shall not operate to reclassify the tract in a different zone. If the requested use is not exercised or is abandoned within the time agreed upon between the applicant and the board of adjustment, the variation shall then immediately be cancelled and the tract shall be subject to all original restrictions.

(Ord. 1519 § 25, 1990; Ord. 986 (part), 1965: prior code § 26-21.7)

In considering all appeals and all proposed exceptions or variations to this title the board shall, before making any exceptions or variations from this title in a specific case, first determine that it will not impair an adequate supply of light and air to adjacent property or unreasonably increase the congestion in public streets, or increase the danger of fire or endanger the public safety, or unreasonably diminish or impair established property values within the surrounding area, or in any other respect impair the public health, safety, comfort, morals or welfare of the inhabitants of the city.

(Ord. 986 (part), 1965: prior code § 26-21.8)

In exercising the powers listed in Section 20.76.080, the board may reverse or affirm wholly or partly, or may modify the order, requirement, decision or determination appealed from and may make such order, requirement, decision or determination as ought to be made, and to that end shall have all powers of the zoning administrator from whom the appeal is taken.

(Ord. 986 (part), 1965: prior code § 26-21.9)

Every variation granted or denied by the board shall be accompanied by a written finding of fact, based on testimony and evidence and specifying the reason for granting or denying the variation.

(Ord. 986 (part), 1965: prior code § 26-21.10)

All provisions not specifically designated in this chapter shall be in accordance with the requirements set forth in Chapter 414 of the 1962 Code of Iowa, and amendments thereto.

(Ord. 986 (part), 1965: prior code § 26-21.11)