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Reinbeck City Zoning Code

165.19 BOARD

OF ADJUSTMENT.

1.   Board Established. There is hereby created a Board of Adjustment, composed of five members who shall be appointed by City Council. Such members shall be qualified by knowledge and experience to act in matters pertaining to City Zoning. None of said members shall hold any elective position in the City. The Board of Adjustment shall not act as the Planning and Zoning Commission, nor shall a majority of the members be involved in the business of purchasing or selling real estate.
2.   Term of Office and Compensation. Members shall hold office for staggered terms of five years. Any vacancy occurring on the Commission cause by resignation or otherwise shall be filled by the City Council for the unexpired term. Members of the Board may be removed from office by the City Council for cause upon written charges and after public hearing. Vacancies shall be filled by City Council for the unexpired term of the member affected. All members of the Board shall serve without compensation except their actual expenses, which shall be subject to approval of the City Council.
3.   Meetings and Rules. The Board of Adjustment shall adopt rules necessary to the conduct of its affairs, and in keeping with the provisions of this section. Meetings shall be held at the call of the chairperson and at such other times as the Board may determine. The chairperson or, in the chairperson's absence, the acting chairperson may administer oaths and compel the 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 agenda item requiring action, or if absent, abstaining, or otherwise failing to vote, indicating such fact. The Board shall keep records of its examinations and other official actions, all of which shall be public record and be immediately filed in the office of the Zoning Administrator. The concurring vote of three members of the Board shall be necessary to reverse any order, requirement, decision, or determination of the Zoning Administrator, or to decide in favor of the applicant on any matter upon which it is require to pass under this chapter, or to effect any variation in the application of this chapter.
4.   Finality of Decisions of the Board of Adjustment. All decisions and findings of the Board of Adjustment on appeals, or applications for a variance, special use permit, or special exception, after a hearing, shall in all instances be final administrative decisions and shall be subject to judicial review as is stated in the Code of Iowa.
5.   Appeals. 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 of said decisions, in the manner provided by the laws of the State and particularly by the Code of Iowa.