A Board of Adjustment is hereby established, which shall consist of five
(5) members. The word "Board" when used in this article shall be construed to mean the Board of Adjustment. The terms of office of the members of the Board of Adjustment and the manner of their appointment shall be as provided by statute.

Meetings of the Board of Adjustment shall be held at anytime that the Board may determine. All hearings conducted by said Board shall be open to the public. The Board 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 also keep records of its hearings and other official actions. Findings of fact shall be included in the minutes of each case of a requested variation, specified. Every rule or regulation, every amendment or repeal thereof, and every order, requirement, decision or determination of the Board shall be filed immediately in the office of the Board and shall be a public record. The Board shall adopt its own rules of procedure not in conflict with this Ordinance or with Iowa statutes and may select or appoint such officers as it deems necessary.

An appeal may be taken to the Board of Adjustment by any person, firm or corporation, or by any officer, department, Board or Bureau affected by a decision of the Zoning Inspector. Such appeal shall be taken within such time as shall be prescribed by the Board of Adjustment by general rule, by filing with the Building Inspector and with the Board of Adjustment a notice of appeal, specifying the grounds thereof. The Zoning Inspector shall forthwith transmit to the Board all of the papers constituting the record upon which the action appealed from was taken.

The Board shall render a decision on the appeal without unreasonable delay. Any person may appear and testify at the hearing, either in person or by duly authorized agent or attorney.

123.01.   The Board of Adjustment shall hear and decide appeals from any order, requirement, decision or determination made by the County Building Inspector on all matters pertaining to zoning.

123.02.   It shall also hear and decide all matters referred to it or upon which it is required to pass under this Ordinance.

123.03.   The Board may reverse or affirm wholly or partly or may modify or amend the order, requirements, decision or determination appealed from to the extent and in the manner that the Board may decide to be fitting and proper in the premises, and to that end the Board shall also have the powers of the officer from whom the appeal is taken.

123.04.   When a property owner shows that a strict application of the terms of this Ordinance relating to the use, construction, or alteration of buildings or structures, or to the use of land imposes upon him or her practical difficulties or particular hardships, then the Board may make such variations of the strict application of the terms of this Ordinance as are in harmony with its general purpose and intent. When the Board is satisfied, under the evidence heard before it, that a granting of such variation will not merely serve as a convenience to the applicant, but is necessary to alleviate some demonstrable hardship, it may make such variation in the following instances:

123.04.01.   To permit the extension of a district where the boundary line of a district divides a lot in single ownership as shown on record, but such extension of any district shall not exceed fifty (50) feet.

123.04.02.   To permit the reconstruction of a nonconforming building which has been destroyed or damaged to an extent of more than fifty (50) percent of its value, by fire, or act of God, or the public enemy, where the Board shall find some compelling public necessity requiring a continuation of the non-conforming use.

123.04.03.   To permit the erection and use of a "building or the use of premises in any location for a public service corporation for public utility purposes which the Board deems reasonably necessary for the public convenience or welfare.

123.04.04.   To make a variance where, by reason of an exceptional situation, surroundings, or condition of a specific piece of property, or by reason of exceptional narrowness, shallowness or shape of a specific piece of property of record, or by reason of exceptional topographical conditions that strict application of any provision of this Ordinance would result in peculiar and exceptional practical difficulties or particular hardship upon the owner of such property and amount to a practical confiscation of property, as distinguished from a mere inconvenience to such owner, provided such relief can be granted without substantial detriment to the public good an without substantially impairing the general purpose and intent of the comprehensive plan as established by the regulations and provisions contained in this Ordinance.

123.04.05.   To interpret the provisions of this Ordinance where the street layout actually on the ground varies from the street layout as shown on the District Zoning Map fixing the several districts.

123.04.06.   To waive any parking requirements whenever the character or use of the building is such as to make unnecessary the full provision of parking facilities or where such regulations would impose an unreasonable hardship upon the use of the lot, as contrasted with merely granting an advantage or a convenience.

123.05.   In considering all appeals and all proposed variations to this Ordinance, the Board shall, before making any variation from the Ordinance in a specific case, first determine that the proposed variation will not impair an adequate supply of light and air to adjacent property, or unreasonably increase congestion in public streets, or increase the danger of fire or endanger the public safety, or unreasonably diminish or impair established property values within the surrounding area, or in any other respect impair the public health, safety, comfort, morals or welfare of the inhabitants of the City of Riverdale. The concurring vote of three (3) members of the Board shall be necessary to reverse any order, requirement, decision or determination of the Building Inspector, or to decide in favor of the applicant any matter upon which it is authorized by this Ordinance to render a decision.

123.06.   Nothing herein contained shall be construed to give or grant to the Board the power or authority to alter or change the Zoning Ordinance or the District Zoning Map, such power and authority being reserved to the Council of Riverdale, in the manner hereinafter provided in Article XVIII.

The Board shall make no recommendation except in a specific case and after a public hearing. The Board shall select a reasonable time and place for the hearing of the appeal and give due notice by letter thereof to the property owners within three hundred (300) feet in all directions exclusive of streets and alleys. Such notice shall contain the address or location of the property for which the variation or other ruling by the Board is sought, as well as a brief description of the nature of the appeal.

Any person or persons, jointly or severally aggrieved by any decision of the Board, or any taxpayer or any officer, department, board, or bureau of the City of Riverdale, shall have recourse to such relief as is provided by Statute.

Article 1, Section 4 of the Riverdale City Code is hereby amended by adding the following Subsection I.

Section 303(d) and 304(b) of the Uniform Building Code are hereby modified as follows:

I.   Sections 303(d) and 304(b) of the Uniform Building Code shall not apply to building permits issued for "apartment houses" or "dwellings" as defined in Chapter 4 of the Uniform Building Code (UBC). With regard to building permits for "apartment houses" and "dwellings," the following provisions replace those contained in Sections 303(d) and 304(b) of the UBC:

(1)   Expiration. Except as provided below, every building permit issued for "apartment houses" or "dwellings" shall expire by limitation and become null and void at the conclusion of the 365th day after the date of the permit.

(2)   Additional Time. A permittee may be granted a building permit that will expire 18 months after the date of the permit if at the time the permit is applied for, the permittee demonstrates by adequate proof that additional time will be needed to complete the building project. The length of the permit will be extended beyond 365 days only for such time as in the county building inspector's or designate's discretion is necessary to complete the project.

The county building inspector or desingate shall notify the City Council in writing of any decision to extend any building permit beyond the length of 365 days. The Council may shorten or lengthen the building permit at any time within 60 days after receipt of the written notice from the building official after notice and opportunity to be heard is given to the permittee.

(3)   Extension Where Occupancy Permit Has Been Applied For. The county building inspector or desingate may grant an extension to a permit where an occupancy permit has been applied for. The permittee shall be charged fees for the extension in an amount of one-half of all fees charged to the permittee for the permit which is extended. The extension shall expire and be void when such occupancy permit has been denied.

The county building inspector or designate shall also have the discretion to extend the permit once up to 30 additional days after the occupancy permit has been denied where the permittee has adequately demonstrated to the building official that all items required for the granting of an occupancy permit will be completed within the additional time granted. The fees for such an extension shall be one-half of all fees charged to the permittee for the permit which is extended.

(4)   Fees for Building Permits. The fees for the first permit obtained by a permittee Shall be as set forth by Scott County and the City of Riverdale. At the expiration of any permit and all extensions thereof, the permittee shall apply to the building official for a new permit. The fees for any subsequent permit obtained shall be double the amount of all the fees charged for the most recent permit obtained prior to the application for the new permit. Should any application for a new permit contain any changes in plans or specifications so as to change the rate for the fees provided by Scott County and the City of Riverdale, then the fees for the new permit shall be calculated as if such specifications were contained in the first permit obtained by the permittee.

(5)   Applicability. The foregoing provisions shall apply to all "apartment houses" and "dwellings" presently under construction as well as "apartment houses" and "dwellings" to be constructed in the future. Upon the expiration of any permit that is in effect at the time of the passage of the ordinance herein, the permittee shall apply for a new permit which shall be treated as the first permit as defined herein.

(6)   Variance. Any permittee may apply in writing directly to the City Council for a permit of different length than provided herein or for other relief from the provisions of this subsection and ordinance, including provisions relating to permit fees. The Council may consider and decide the application for variance after affording the applicant notice and opportunity to be heard.

(7)   Violations. It shall be unlawful for any person, firm or corporation to erect, construct, enlarge, alter, repair, move, improve, remove, convert or demolish, equip, use, occupy or maintain any building or structure or cause or permit the same to be done in violation of the provisions herein. [Reference, UBC, Section 205]. In addition, should any building permit expire before work on the project is completed, then the permittee shall apply for a new permit. Failure to apply for a new permit shall be a municipal infraction as defined in section 364.22 of the Iowa Code. Each week that passes without the application for a new permit when a new permit is required shall be treated as a separate, additional infraction.

All permit fees that are required under this ordinance and the provisions of the subsection shall be paid in full before any occupancy permit is granted.