Van Meter City Zoning Code

   1.   Procedure.

      A.   Board Created. A Board of Adjustment is hereby established, which shall consist of five members. The terms of office of the members of the Board of Adjustment and the manner of their appointment shall be as provided by Statute.

      B.   Meetings. The meetings of the Board shall be held at the call of the Chairperson, and at such other times as the Board may determine. Such Chairperson or, in his absence, the acting Chairperson, may administer oaths and compel the attendance of witnesses. All meetings of the Board shall be open to the public. The Board shall keep minutes of its proceedings, showing the vote of each member on 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 Board and shall be a public record. The presence of three members shall be necessary to constitute a quorum.

      C.   Appeals. Appeals to the Board may be taken by any person aggrieved or by any officer, department, board or bureau of the City affected by any decision of the inspector of buildings. Such appeal shall be taken within 10 days by filing with the inspector of buildings and with the Board a notice of appeal specifying the grounds thereof. The inspector of buildings 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 inspector of buildings certifies to the Board, after notice of appeal should have been filed with him, that by reason of the facts stated in the certificate a stay would, in his opinion, 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 on notice to the inspector of buildings, and on due cause shown. The Board shall fix a reasonable time not to exceed 60 days for the hearing on the appeal, give public notice thereof as well as due notice to the parties in interest, and 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 of $15.00 to be credited to the general fund of the City.

   2.   Powers and Duties of the Board. The Board shall have the following powers, and it shall be its duty:

      A.   To hear and decide appeals where it is alleged there is error in any order, requirements, decision, or determination made by the inspector of buildings in the enforcement of this chapter.

      B.   To grant approval or conditional approval of a variance. In granting approval or conditional approval of a variance, the Board of Adjustment shall prepare written findings of fact of all the following review criteria:

         (1)   Practical Difficulties. Because of these special circumstances, the literal application of the provisions of this ordinance would, without a variance, result in practical difficulties for the applicant, as distinguished from mere inconvenience. Practical difficulties must include the following:

            a.   Reasonable Manner. Practical difficulties means that the property owner proposes to use the property in a reasonable manner not permitted by the zoning ordinance.

            b.   Unique to the Property. Circumstances exist relating to the physical character of the property that are unique to the property and that do not apply generally to other properties in the same zoning district. And these circumstances are not so general or recurrent a nature as to make it practical to provide, in the form of an amendment to this Ordinance, a general rule to cover them.

            c.   Not Self-Created. The circumstances and practical difficulties that are the basis for the variance have not resulted from any act, undertaken subsequent to the adoption of this ordinance or any applicable amendment thereto, of any party with a present interest in the property.

            d.   Not Alter Local Character. The variance will not alter the essential character of the locality or substantially impair public safety or welfare or property values in the area.

            e.   Economic considerations alone (or desire to increase the value or income potential of the land) shall not constitute practical difficulties if reasonable use of the property exists under the terms of this chapter.

      C.   To permit the following exceptions to the district regulations set forth in this chapter, provided all exceptions shall by their design, construction and operation adequately safeguard the health, safety and welfare of the occupants of adjoining and surrounding property, shall not increase congestion in the public streets, shall not increase public danger of fire and safety, and shall not diminish or impair established property values in surrounding areas:

         (1)   To permit erection and use of a building or the use of premises or vary the height and the regulations in any location for a public service corporation for public utility purposes or for purposes of public communication, which the Board determines is reasonably necessary for the public convenience or welfare.

         (2)   To permit the extension of a district where the boundary line of a district divides a lot in a single ownership as shown of record or by existing contract or purchase at the time of the passage of the Zoning Ordinance, but in no case shall such extensions of the district boundary line exceed 40 feet in any direction.