1.   Creation and Appointment. In compliance with the provisions of the Code of Iowa, a Board of Adjustment has been established. The Board shall consist of five members appointed by the Mayor, subject to confirmation by the Council. Terms shall be five years. Any vacancy shall be filled in the same manner for the unexpired portion of the term. In the event of an absence from the City or in 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 regular member has returned.

   2.   Rules of Procedure. The Zoning Board of Adjustment shall have the following rules of procedure:

      A.   Compensation. All members shall serve without compensation, except for actual expenses, which shall be subject to the approval of the Council.

      B.   The Chairperson of the Board may appoint one of the members of the Board to act as Secretary for the meeting. The Board shall have the power to call on any City department or officer for assistance in the performance of its duties, and it shall be the duty of such department or officer to render such assistance as may reasonably be required. The Board shall also receive and consider recommendations submitted by the Planning and Zoning Commission.

      C.   The Board may adopt, from time to time, subject to the approval of the Council, such rules and regulations as it may deem necessary to carry into effect the provisions of this Zoning Code.

      D.   The Board shall annually elect its own Chairperson at the first meeting on or after January 1 of each year. Such Chairman, or in their absence, the acting Chairperson may administer oaths and compel the attendance of witnesses. There shall be a fixed place of meeting and all meetings shall be open to the public. The presence of three members shall be necessary to constitute a quorum. The concurring vote of the three members shall be necessary on all matters upon which it is required to pass under the provisions of this Zoning Code.

      E.   Motions may be made by anyone on the Board except the Chairperson. The Chairperson will restate the motion before a vote is taken.

      F.   Voting will be by roll call and will be recorded by yeas and nays. Every member of the Board, including the Chairperson, is required to cast a vote upon each motion. However, a member may abstain if the member believes there is a conflict of interest, particularly if the conflict is of a financial nature. A member asserting a conflict of interest shall inform the board immediately upon introduction of the subject upon which the member has a conflict and shall not participate in deliberation or voting upon the matter.

      G.   The Secretary 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 records of its examination and other official actions, which shall be on file in the Office of the Clerk as a public record.

      H.   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 Zoning Code; or to affect any variation of this Zoning Code. On all appeals, applications, and other matters brought before the Board, said Board shall inform, in writing, all the parties involved of its decisions, and the reasons, therefore.

      I.   The Board of Adjustment shall comply with the open meetings law.

   3.   Appeals, Hearing, and Notice.

      A.   Any person, group, or organization, public or private, affected by the requirements of this Zoning Code may appeal to the Board of Adjustment. Said appeal shall be made on an official appeal form to the Administrative Officer specifying the nature of the appeal, and containing a diagram showing the names and addresses of all property owners within a 150-foot radius to the affected property. The fee for filing an appeal shall be $100.00 and shall be paid at the time of filing.

      B.   The Administrative Officer shall review the appeal for accuracy and compliance and shall transmit to the Board the original copy of the appeal and all other papers constituting the record on which the appeal is being based. A copy of the appeal for a special exception shall also be transmitted to the Planning and Zoning Commission.

      C.   Upon receipt of the appeal and all other papers, the Board shall fix the time, place, and purpose of the public hearing and shall proceed with the publication of a notice in a paper of general circulation in the City and shall notify, by certified mail, all the property owners indicated on the application. No public hearing shall be held within 24 hours after publication of notice of public hearing.

      D.   Prior to a final determination or decision on the appeal for a special exception, the Board shall receive and consider the recommendation of the Planning and Zoning Commission. The final disposition of any appeal after public hearing 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 Administrative Officer and the Planning and Zoning Commission. The decision on the appeal by the Board shall be made within 45 days after the filing of the appeal to the Administrative Officer.

      E.   Any person or persons, jointly or severally, aggrieved by any decision of the Board under the provisions of this Zoning Code, or any taxpayer or any officer, department, board, or bureau of the City may seek relief through the courts as provided by the Code of Iowa within 180 days of the Board of Adjustment ruling.

   4.   Stay of Procedures. An appeal stays all proceedings in furtherance of the action appealed from, unless the officer from whom the appeal is taken certifies to the Board after the notice of appeal shall have been filed that by reason of facts stated in the certificate a stay would in their 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 application or notice to the officer from whom the appeal is taken and on due cause shown.

   5.   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 there is error in any order, requirement, decision, or determination made by the Administrative Officer in the enforcement of this Zoning Code.

      B.   Special Exception.

         (1)   The Board of Adjustment shall hear and decide only such special exceptions as the Board is specifically authorized to pass on by the terms of this Zoning Code; to grant special exceptions with such conditions and safeguards as are appropriate under this Zoning Code providing that the granting of the special exception will not adversely affect the public interest; or to deny special exceptions when not in harmony with the purpose and intent of this Zoning Code.

         (2)   Application shall be pursuant to the provisions of this Zoning Code and the rules and procedure of the Board of Adjustment. After consideration of the Planning and Zoning Commission’s recommendation, the Board of Adjustment shall grant or deny the special exception request. Upon granting the request, the Board shall authorize the issuance of a construction permit. The Board of Adjustment may prescribe and impose appropriate conditions and safeguards. The Board may prescribe a time limit within which the activity or construction requiring the special exception shall be commenced or completed. Failure to commence or complete such activity or construction within the time limit set shall void the special exception. Violation of such conditions and safeguards, when made a part of the terms under which the special use is granted, shall be deemed a violation of this Code and shall be punishable under Section 165.11.

      C.   Variances.

         (1)   As used in this Zoning Code, a variance is authorized only for height, area, and size of structure or size of yards and open spaces.

         (2)   Upon application, pursuant to the provisions of this Zoning Code and the rules and procedure of the Board of Adjustment, said Board shall grant or refuse a variance from the terms of this Zoning Code. Such variance shall not be contrary to the public interest where, owing to special conditions, a literal enforcement of the provision of the Zoning Code will, in an individual case, result in practical difficulty or unnecessary hardship, so that the purpose of the Zoning Code shall be observed, public safety and welfare secured, and substantial justice done. The existence of a nonconforming use of neighboring land or structures in the same districts or of permitted or nonconforming uses in other districts shall not constitute a reason for the request variance. Recommendation from the Planning and Zoning Commission is not required.

      D.   Variances may be granted in such individual case of unnecessary hardship upon a finding by the Board of Adjustment that any of the following conditions exist:

         (1)   There are extraordinary and exceptional conditions pertaining to the particular property in question because of its size, shape, or topography that are not applicable to other lands or structures in the same district.

         (2)   Literal interpretation of the Zoning Code would result in unjust financial hardship to a previously established business or industry.

         (3)   Granting the variance requested will not confer upon the applicant any special privileges that are denied to other residents of the district in which the property is located.

         (4)   A literal interpretation of the provisions of this Zoning Code would deprive the applicant of rights commonly enjoyed by other residents of the district in which the property is located.

         (5)   The requested variance will be in harmony with the purpose and intent of this Zoning Code and will not be injurious to or alter the essential character of the neighborhood and the general welfare.

         (6)   The special circumstances are not the result of the actions of the applicant.

         (7)   The variance requested is the minimum variance that will make possible the legal use of the land or structure.

         (8)   The variance is not a request to permit the use of land or structure w which is not permitted in the district involved.

      E.   A variance shall be void after six months unless a construction permit is secured.

   6.   Classification. To classify commercial and industrial uses not specifically designated in this Zoning Code.

   7.   These powers cannot be further limited nor expanded at the local level. Neither can they be assumed in whole or in part by another body such as the Planning and Zoning Commission or Council. The decision of the Board of Adjustment is final unless it is appealed to the district court.