The Board of Adjustments shall make written findings such as minutes.

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

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

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 the laws of the State and particularly by Chapter 414 of the Code of Iowa.

5.   Fees. Fees in such amounts 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 Administrative Officer shall forthwith pay over to the credit of the General Fund of the City.

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

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

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

      (1)   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 papers constituting the record upon which the action appealed from was taken.

      (2)   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 after the date of the hearing. At the hearing any party may appear in person or by agent or attorney.

   C.   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 the Administrative 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.

   D.   Special Exceptions: Conditions Governing Applications; Procedures. The Board shall hear and decide only such special exceptions as the Board of Adjustment is specifically authorized to pass on by the terms of this chapter; decide such questions as are involved in determining whether special exceptions should be granted; and 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:

      (1)   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.

      (2)   Notice shall be given in accordance with Section 165.27(1).

      (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 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. 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.

   E.   Variances; Conditions Governing Application; Procedures. The Board shall 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:

      (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 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

         (d)   That the special conditions and circumstances do not result from the actions of the applicant.

      (2)   Notice of public hearing shall be given in accordance with Subsection 165.27(1) and in accordance with the State Open Meetings Law (Chapter 21 of the Code of Iowa).

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

      (4)   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.

      (5)   The Board of Adjustment shall make findings that the requirements of Subparagraph (1) above have been met by the applicant for a variance.

      (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.

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. 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.