1.   Creation of Membership. A Board of Adjustment is hereby established. The Board shall consist of five members to be appointed for overlapping terms of five years. Members of the Board of Adjustment may be removed from office by the Council for missing three consecutive meetings of the Board of Adjustment within the period of one year or for cause upon written charges and after public hearing. Vacancies shall be filled by the Council for the unexpired term of the member affected.

      A.   The Board shall select from its membership a Chairperson and Vice Chairperson, who shall perform the usual duties pertaining to such offices. At the first regular meeting in January of each year the Board shall choose its officers from its membership. The Chairperson and Vice Chairperson shall take office immediately following their election and shall hold office for a term of one year or until their successors are selected and assume office. The Chairperson shall preside at meetings and hearings of the Board, shall decide all points of order or procedure, and shall appoint any committees that may be found necessary. The Vice Chairperson shall assume the duties of the Chairperson in the absence of the Chairperson. The Secretary shall be appointed by the Council and may be member of the Board, an employee of the Board, or a regular employee of the City. The Secretary shall conduct all official correspondence subject to this chapter at the direction of the Board, shall send out all notices required by this chapter, keep the minutes of the Board’s proceedings, and keep a file on each case that comes before the Board. For all appeals and applications, the Secretary shall issue the proper forms, see that information maps and plats are compiled and ready for the Board’s review, notify any property owner and other interested parties by mail of the time and place of the hearing, and any other duties as determined by the Board.

      B.   No member of the Council, Planning and Zoning Commission, or any City employee shall serve as a member on the Board of Adjustment.

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

   3.   Finality of Decisions and Necessary Vote. All decisions and findings of the Board on any appeal or upon any application for a variance or conditional use, after a public hearing, shall in all instances, be the final administrative decision and shall be subject to judicial review as by law may be provided.

      A.   A quorum for a meeting of the Board of Adjustment shall consist of at least three of the five members being present. A quorum shall be necessary for a meeting to be considered an official meeting, which allows the Board to take action on any issue before it.

      B.   The concurring vote of three members of the Board shall be necessary to reverse an 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 chapter, or to effect any variation in the application of this chapter.

      C.   Any issue that receives less than three concurring votes of the members present at an official meeting shall be considered defeated.

   4.   Appeals from the Board of Adjustment. 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 within 30 days of such decision, in the manner provided by the laws of the State and particularly by Chapter 414, Code of Iowa.

   5.   Fee. Such amount as may be established from time to time by resolution of the Council, shall be paid to the Administrative Officer at the time an appeal, variance, conditional use, or revised site plan is filed, which the Zoning Administrator shall forthwith pay over such fees to the credit of the General Fund of the City.