A Board of Adjustment is hereby established, which Board shall consist of five members appointed by the Mayor, subject to confirmation by the City Council. Appointments to the Board shall be for a term of five years and in such a manner that the term of no more than two members shall expire in any one year. Any vacancy shall be filled in the same manner for the unexpired portion of the term. In the event of the absence from the City or the incapacity of a member, the Mayor may appoint a substitute who shall serve as a member of the Board, with the same powers and authority as the regular member, until such member has returned or has become capacitated for further service. All members of the Board shall serve without compensation.

1.   Code Enforcement Officer To Act As Secretary of Board. The Code Enforcement Officer shall serve as the Secretary of the Board. In the absence of the Secretary, the Chairperson of the Board may appoint one of the members of the Board to act as Secretary Pro-Tem for the meeting. The Board shall have the power to call on any City department for assistance in the performance of its duties, and it shall be the duty of such department to render such assistance as may reasonably be required.

2.   Board May Adopt Rules and Regulations. The Board may adopt, from time to time, subject to approval by the City Council, such rules and regulations as it may deem necessary to carry into effect the provisions of this chapter.

3.   Board Meetings, Chairperson, Quorum. The Board shall annually elect its own Chairperson at the first of each fiscal year. Such Chairperson, or in his/her absence, the acting Chairperson may administer oaths and compel the attendance of witnesses. There shall be a fixed place of meeting and all of the three members shall be necessary to constitute a quorum. The concurring vote of three members of the Board shall be necessary on all matters upon which it is required to pass under the provisions of this chapter. All meetings of the Board shall be conducted in a manner so as to comply with the open meetings requirements of this code and Chapter 21 of the Code of Iowa.

4.   Secretary To Keep Records. The Secretary of the Board shall keep minutes of its proceedings, showing the vote of each member upon each question. If a member is absent or fails to vote, the minutes shall indicate such fact. The Board shall keep record of its examination and other official actions, which shall be on file in the Office of the City Clerk as a public record.

5.   Appeals To Board Of Adjustment. Appeals to the Board may be taken by any person aggrieved, or by any officer, department, or board of the City. Such appeal shall be taken within a reasonable time, as provided by the rules of the Board, by filing with the Secretary of the Board a written notice of appeal, specifying the grounds thereof. Notice of such appeal shall be given as required by the Board except in cases of appeal of zoning enforcement action and notice of such appeal shall be given by publication in a newspaper of general circulation in the City, as provided by the regulations of the Board. The Secretary of the Board shall give prompt notice of such appeal to officers, departments, or board affected who shall, forthwith, transmit to the Board of Adjustment all papers and documents constituting the record upon which the action appealed was taken. An appeal stays all proceedings in furtherance of the action appealed from, unless the enforcing officer certifies to the Board after the notice of the appeal shall have been filed with him or her, that by reason of facts stated in the appeal a stay would in his or her 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 a court of record on application of notice to the enforcing officer and due cause shown. The final disposition of any appeal shall be in the form of a resolution by the Board either reversing, modifying, or affirming the decision or determination appealed from. A copy of such resolution shall be filed with the enforcing officer.

6.   Authority Of Board. The Board of Appeals in specific cases shall have the following powers.

   A.   Appeals. To hear and decide appeals where it is alleged there is error in any order, requirement, or determination made by the officer, department, or board of the City in the enforcement of this chapter.

   B.   Appeals In Special Zoning Cases. To authorize upon appeal in the following special cases such variance from the terms of the ordinances as will not be contrary to the public interest, where, owing special conditions a literal enforcement of the provisions of the ordinance will result in unnecessary hardship, and so that the spirit of the ordinance shall be observed and substantial justice done. However, nothing herein shall be construed as giving the Board the right, power, or authority to change the limits or extent of any zoning district, or to grant permission for the erection or use of any building or the use of any land for a purpose which is specifically prohibited herein.

      (1)   The erection and use of any accessory building on a lot in any residential district before the erection of a principal building on such lot; provided such use is temporary and for a period of time not to exceed one year and is not used as a dwelling.

      (2)   The extension of an existing building or use into a more restricted district immediately adjacent, under such conditions as will safeguard the character of the more restricted district, provided that such extension shall not be permitted more than 50 feet beyond the boundary line of the district in which such building or use is authorized.

      (3)   The extension or enlargement of an existing use located in a district against such use, either by the extension or enlargement of an existing building or use of land, or by the erection of an additional building where such extension or enlargement is necessary incident to the trade, business, or industry existing on the effective date of this chapter, provided that such extension or enlargement will not prove detrimental to or tend to alter the character of the neighborhood.

      (4)   The erection of buildings or the use of land not in accordance with the requirements of this chapter, in the case of an undeveloped section of the City for a period not to exceed one year in any case, where such building or uses are clearly incidental to and necessary for residential development or are temporary only and will not tend to permanently alter the character of such section of any adjoining or nearby section.

      (5)   The erection and use of a building or the use of land in any district by a public service corporation or for public purposes, which the Board considers reasonably necessary for the public convenience or welfare.

      (6)   To permit any use in a district which is not specifically prohibited in such district, and that is in keeping with and appropriate to the uses authorized in such district by the provisions of this chapter.

      (7)   The substitution of a nonconforming use for another under the limitations of “nonconforming use substituted.”

   C.   Variances In Zoning Ordinance Provisions. The Board may in specific cases upon appeal grant variance in the literal interpretation of the provisions of the ordinance, within the limits set forth herein, provided such variance meets the following specified conditions:

      (1)   The variance will not authorize a use that is prohibited in the district in which the property in question is located.

      (2)   The circumstances creating the need for the variance are unique to the property in question and are not caused by the owner in any way.

      (3)   The variance will not substantially or permanently injure adjacent property in the same district.

      (4)   The variance will not weaken the general purposes of this chapter or the regulations herein established for the specific district.

      (5)   The variance will be in harmony with the spirit and purposes of this chapter.

      (6)   The location and construction of public buildings after receiving a report from the Planning and Zoning Commission approving same.

7.   Confirmation of Existing Board of Adjustment. The members of the existing Board of Adjustment are hereby confirmed to continue their appointed terms of office. Future members of the Board of Adjustment shall be appointed by the City Council for a term of five years. Members of the Board of Adjustment may be removed from office by the City Council for cause upon written charges and after a public hearing. Any vacancy shall be filled by the City Council.

8.   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 absence the acting chair-person, 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 examination and other official actions, all of which shall be a public record and be immediately filed in the office of the Board. The presence of three members shall constitute a quorum.

9.   Hearings, Appeals, Notice. Appeals to the Board of Adjustment concerning interpretation or administration of this chapter may be taken by any person aggrieved or by any officer or bureau of the City affected by a decision of the Administrative Officer. Such appeals should be taken within a reasonable time, not to exceed 60 days, by filing with the Administrative Officer and with the Board of Adjustment, a notice of appeal specifying the grounds thereof. The Administrative Officer shall forthwith transmit to the Board all papers constituting the record from which the action appealed was taken. The Board of Adjustment shall fix a reasonable time for the hearing of appeal, give public notices thereof, as well as due notice to the parties of interest, and decide the same within a reasonable time. At the hearing any party may appear in person or by agent or attorney. A fee to be determined by resolution of the City Council shall be paid to the Administrative Officer at the time the notice of appeal is filed, which the Administrative Officer shall forthwith pay to the credit of the General Revenue Fund of the City.

10.   Stay Of Proceedings. An appeal stays all proceedings in furtherance of the action which was appealed, unless the Administrative Officer 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 or 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 the application, on notice to the Administrative Officer from whom the appeal is taken and on due cause shown.

11.   Powers and Duties. The Board of Adjustment shall have the following powers and duties:

   A.   Administrative Review: To hear and decide appeals where it is alleged that there is error in any order, requirement, decision, or determination made by the Administrative Officer in the enforcement of this chapter.

   B.   Special Exceptions: To hear and decide only such exceptions as the Board of Adjustment is specifically authorized to pass on by the terms of this chapter.

   C.   Variances: 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 Adjustments unless and until:

      (1)   A written application for a variance is submitted demonstrating:

         a.   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;

         b.   That 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;

         c.   That the special conditions and circumstances do not result from the actions of the applicant.

         d.   That 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 other districts shall be considered grounds for the issuance of a variance.

      (2)   Notice of public hearing shall be given to immediately adjacent property owners and to those required by law.

      (3)   The public hearing shall be held. Any party may appear in person or by agent or attorney.

      (4)   The Board of Adjustment shall make findings that the requirements of this section have been met by the applicant for a variance.

      (5)   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.

      (6)   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 chapter, and will not be injurious to the neighborhood, or otherwise detrimental to the public welfare.

      (7)   The application for a variance shall be accompanied by a fee to be determined by resolution of City Council.

   D.   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 165.31 of this chapter.

12.   Decisions Of the Board Of Adjustment. In exercising the above mentioned powers, the Board of Adjustment may, so long as such action is in conformity with the terms of this chapter, reverse or affirm, wholly or partly, or may modify, order requirements, decision, or determination as ought to be made and to that end shall have powers of the Administrative Officer 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 Administrative Officer, or to decide in favor of the applicant on any matter upon which it is required to pass under this chapter, or to affect any variation in application of this chapter.

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