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

   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 Administrative Officer in the enforcement of the Zoning Code.

   2.   Appeals to the Board of Adjustment. Appeals to the Board of Adjustment may be made concerning interpretation or administration of this chapter may be taken by any person aggrieved or by any officer, department, board or bureau of the City affected by any decision of the Administrative Officer.

      A.   Such appeals shall be taken within a reasonable time, not to exceed 60 days by filing with the Administrative Officer and with the Secretary of the Board of Adjustment a notice of appeal specifying the grounds thereof. The Administrative Officer shall forthwith transmit to the Board all paper constituting the record upon which the action appealed from was taken.

      B.   The Board of Adjustment shall fix a reasonable time not exceeding 30 days from the date of appeal for the hearing, give public notice thereof as well as due notice to the parties in interest, and decide the same within a reasonable time, not exceeding 15 days from the date of the hearing. At the hearing any party may appear in person or by agent or attorney.

   2.   Stay of Proceeding. An appeal stays all proceedings in furtherance of the action appealed from, unless the Administrative Officer from whom the appeal is taken certifies to the Board of Adjustment, after the notice of appeal is filed with such officer, that, by reason of facts stated in the certificate, a stay would, in the opinion of such officer, 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 Administrative Officer from whom the appeal is taken and on due cause shown.

   3.   Special Exceptions; Conditions Governing Applications; Procedures. The Board of Adjustment shall be granted the power to: (i) hear and decide only such special exceptions as the Board of Adjustment is specifically authorized to pass on by the terms of this chapter; (ii) decide such questions as are involved in determining whether special exceptions should be granted; and (iii) grant special exceptions with such conditions and safeguards as are appropriate under this chapter, or deny special exceptions when not in harmony with the purpose and intent of this chapter. A special exception shall not be granted by the Board of Adjustment unless and until:

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

      B.   Notice shall be given at least 7 but not more than 20 days in advance of the public hearing by publication in a newspaper of general circulation in the City and shall be mailed to all property owners within a distance of 150 feet of the affected property.

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

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

   In granting any special exception, the Board of Adjustment may prescribe appropriate conditions and safeguards in conformity with this chapter. 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 chapter and punishable under Section 165.33 of this chapter. 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, or both, such action within the time limit set shall void the special exception.

   4.   Variances; Conditions Governing Applications; Procedures. To authorize upon appeal in specific cases such variance from the terms of this chapter as will not be contrary to the public interest where, owing to the special conditions, a literal enforcement of the provisions of this chapter would result in unnecessary hardship. A variance from the terms of this chapter shall not be granted by the Board of Adjustment unless and until:

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

         (1)   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)   Literal interpretation of the provisions of this chapter would deprive the applicant of rights commonly enjoyed by other properties in the same district under the terms of this chapter;

         (3)   Granting the variance requested will not confer on the applicant any special privilege that is denied by this chapter to other lands, structures, or buildings in the same district. No nonconforming use of neighboring lands, structures, or buildings in the same district, and no permitted use of lands, structures, or buildings in other districts shall be considered grounds for the issuance of a variance; and

         (4)   The special conditions and circumstances do not result from the actions of the applicant.

      B.   Notice of public hearing shall be given as in Section 165.31(4)(B), and in accordance with the State of Iowa Open Meetings Law (Chapter 21 of the Code of Iowa).

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

      D.   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.

      E.   The Board of Adjustment shall make findings that the requirements of Section 165.31(5)(A) have been met by the applicant for a variance.

      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 code, 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 chapter. 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 chapter and punishable under Section 165.33 of this chapter. Under no circumstances shall the Board of Adjustment grant a variance to allow a use not permissible under the terms of this chapter in the district involved, or any use expressly or by implication prohibited by the terms of this chapter in said district.

   5.   Effective Date of Decision of the Board of Adjustment. Decisions of the Board of Adjustment shall become effective no less than 21 days following such decision.

   6.   Review by Council. The Council may review variances granted by the Board of Adjustment before their effective date. The Council may remand a decision to grant a variance to the Board of Adjustment for further study. The effective date of the variance shall be delayed for 30 days from the date of the remand.