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

   A.   To hear and decide all applications for variances in the manner prescribed in this chapter.

   B.   To hear and decide all applications for special use permits in the manner prescribed in this chapter.

   C.   To hear and decide appeals where it is alleged there is an error in any order, requirement, decision, or determination made by the Zoning Administrator in enforcement of this chapter.

2.   Variances. The Board of Adjustment, after a public hearing, may determine and vary the regulations of this chapter in harmony with their general purpose and intent, only in the specific instances hereinafter set forth, where the Board of Adjustment makes written findings of fact in accordance with the standards hereinafter set forth, where the standards hereinafter prescribed and further, finds that there are no practical difficulties or particular hardships in the way of carrying out the strict letter of the regulations of this chapter.

   A.   Application for Variance. An application for a variance shall be filed in writing with the Zoning Administrator by the owner of the subject property. Said application shall contain such information as the Board of Adjustment may, by rules, require. If property lines cannot be determined through existing surveys or property markers, the request must be accompanied by a certified survey.

   B.   Hearing on Application. Upon receipt in proper form of the aforementioned application, the Board of Adjustment shall hold at least one public hearing on the proposed variance. Notice of the time and place of such hearing shall be published not less than four days nor more than 20 days in advance of the public hearing in a newspaper of general circulation in the City. Property owners within 300 feet of the property for which the variance is being requested will be notified. Before an application is filed with the Board of Adjustment, the appellant shall pay the City to cover the publishing and administration costs of said application, per the fee schedule adopted from time to time by resolution of the City Council.

   C.   Standards for Variance. The Board of Adjustment shall not vary the regulations of this chapter, as authorized in this section; unless there is evidence presented to it in each specific case that:

      (1)   Special conditions and circumstances exist which are unique 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 terms of this chapter. In other words, an unnecessary hardship would result from the literal enforcement of this chapter.

      (3)   Special conditions and circumstances do not result from the actions of the applicant.

      (4)   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.

   D.   Further Requirements.

      (1)   The Board of Adjustment shall 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.

      (2)   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 the Reinbeck Comprehensive Plan, and will not be injurious to the neighborhood, or otherwise detrimental to the public welfare.

      (3)   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.

   E.   Limitations.

      (1)   Under no circumstances shall the Board of Adjustment grant a variance to allow for 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 the district.

      (2)   In no instance may the Board of Adjustment grant a variance to any provisions of the adopted building codes.

3.   Special Use Permits. The Board of Adjustment shall review, before issuing any special use permit, the conformity of the proposed building or use with the standards of the planning intent of the zoning district regulations and the Comprehensive Plan, and recognized principals of land use planning and civic design.

   A.   Application for Special Use Permits. An application for a special exception shall be filed in writing with the Zoning Administrator by the owner of the subject property on a form as the Zoning Administrator shall prescribe. The application shall be accompanied by such plans or date prescribed by the Board of Adjustment and shall include a statement indicating the section of this chapter under which the special use permit is sought and stating the grounds on which it is requested.

   B.   Hearing on Application. Upon receipt in proper form of the aforementioned application and statement, the Board of Adjustment shall hold at least one public hearing on the proposed special use permit. Notice of the time and place of such hearing shall be published not less than seven days nor more than 20 days in advance of the public hearing in a newspaper of general circulation in the City. Property owners within 300 feet of the property for which the special use permit is being requested will be notified. Before an application is filed with the Board of Adjustment, the appellant shall pay the City to cover the publishing and administration costs of said application, per the fee schedule adopted from time to time by resolution of the City Council.

   C.   Authorization. For each application for a special use permit, the Zoning Administrator shall prepare and file with the Board of Adjustment findings and recommendations, including recommended stipulations of additional conditions and guarantees that are deemed necessary for the protection of the public interest.

   D.   Standards. No special use permit shall be granted by the Board of Adjustment unless such Board shall find:

      (1)   The establishment, maintenance, or operation of the special use permit will not be detrimental to or endanger the public health, safety, comfort, or general welfare.

      (2)   The special use permit will not be injurious to the use and enjoyment of other property already permitted or substantially diminish and impair property values with the neighborhood.

      (3)   The establishment of special exceptions will not impede the normal and orderly development and improvement of the surrounding property for uses permitted in the district.

      (4)   Adequate utilities, access roads, drainage stormwater detention basins, and necessary facilities have been or are being provided.

      (5)   Adequate measures have been or will be taken to provide ingress and egress so designed as to minimize traffic congestion on public streets.

      (6)   The special use permit shall, in all other respects, conform to the applicable regulations of the district in which it is located, except as such regulations may, in each instance, be modified in writing by the Board of Adjustment.

   E.   Conditions and Guarantees. Prior to granting of any special use, the Board of Adjustment shall stipulate such conditions and restrictions upon the establishment, location, construction, maintenance, and operation of the special use as is deemed necessary for the protection of the public interest and to secure compliance with the standards and requirements specific in Paragraph D above. In all cases in which the special use is granted, the Board of Adjustment shall require such evidence and guarantees as it may deem necessary as proof that the conditions stipulated in connection therewith are being and will be complied with.

   F.   Denial and Revocation of Special Use Permits.

      (1)   Denial. No application for a special use permit that has been denied wholly or in part by the Board of Adjustment shall be resubmitted for a period of one year from the date of denial, except on the grounds of new evidence or proof of change of conditions found to be valid by the Board of Adjustment.

      (2)   Revocation. In any case where the special use has not been established within one year after the date of granting thereof, the Board of Adjustment may nullify the special use permit. However, before the Board revokes the special use, it shall provide a written notice to the applicant and the applicant shall have the right to request a hearing before the Board.

4.   Appeals to the Board of Adjustment.

   A.   Appeals to the Board of Adjustment may be taken by any person aggrieved or by any officer, department, board, or bureau of the City affected by any decision of the Zoning Administrator or Building Inspector. Such appeal shall be taken within 10 days by filing with the City Clerk a notice of appeal specifying the grounds thereof. The City Clerk shall forthwith transmit to the Board all papers constituting the record upon which the action appealed from is taken. An appeal stays all proceedings in furtherance of the action appealed from unless the Zoning Administrator Inspector certifies to the Board, after notice of appeal has been filed with the City Clerk, that by reason of the facts stated in the certificate, a stay would in the opinion of the Zoning Administrator or Building Inspector, 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 the Board or by a court of record on application or notice to the City Clerk and the Zoning Administrator or Building Inspector and on due cause shown.

   B.   The Board shall fix a reasonable time for the hearing on the appeal, shall give public notice thereof as well as due notice to the parties in interest, and shall decide the same within a reasonable time. At the hearing, any party may appear in person or by agent or by attorney. Before an appeal is filed with the Board of Adjustment, the appellant shall pay a fee in an amount established from time to time by resolution of the City Council.

5.   Other Powers of the Board of Adjustment. The Board of Adjustment is hereby vested with the following additional authority and jurisdiction.

   A.   Interpretation of District Map. Where the application of the rules for interpretation of district boundaries leaves a reasonable doubt to the boundary between two zoning districts, the Board of Adjustment, after notice to the owners of the properties and after public hearing, shall interpret the Map in such a way as to carry out the intent and purposes of this chapter.

   B.   Temporary Uses and Permits. The Board of Adjustment may issue a permit for the temporary use of a building or premises in any district for a purpose or use that does not conform to the regulations prescribed by this chapter, provided that such use is of a true temporary nature and does not involve the erection of substantial or permanent buildings. Issues such as parking areas, traffic routing, tents, temporary electrical services, portable restroom facilities, shall be addressed on a site plan if required by the Board. Such permit shall be granted in the form of a temporary and revocable permit for not more than a 12-month period, subject to such conditions as will safeguard the public health, safety, convenience, and general welfare. Before an application for a temporary use permit is filed with the Board, the applicant shall pay a fee in an amount established from time to time by resolution of the City Council.