A Board of Adjustment, hereinafter referred to as the Board, is hereby established. The Board shall consist of five members appointed by the Mayor, subject to the approval of the Council, for staggered terms of five years. Vacancies shall be filled for the unexpired terms of any member whose term becomes vacant. Members shall be removable for cause by the appointing authority upon written charges and after public hearing. All members of the Board shall serve without compensation. The Board, subject to the approval of the Council, may employ such clerical and technical assistance as may be needed to carry on its work.

   The Board shall adopt its own rules of procedure, not in conflict with this Zoning Code or Code of Iowa, to enable it to perform its functions and duties. The Board shall elect its own Chairperson, who shall serve for one year. Such Chairperson or, in the absence the Chairperson, the Acting Chairperson may administer oaths and compel the attendance of witnesses. Meetings of the Board shall be held at the call of the Chairperson and at such other times as the Board may determine. All meetings of the Board shall be open to the public. The City Clerk or such other City employee as the Council may designate shall serve as the Secretary of the Board. In the absence of the Secretary, the Chairperson of the Board may appoint one of the members of the Board to act as Secretary Pro Tem for the meeting. The Board shall have the power to call on any City Department for assistance in the performance of its duties, and it shall be the duty of such Department to render such assistance as may reasonably be required. 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 keep records of its examinations and other official actions, all of which shall be immediately filed in the office of the Board.

   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 Zoning Administrator. A fee of $75.00 shall be charged at the time the appeal is filed. Such appeal shall be taken within a reasonable time, as provided by the rules of the Board, by filing with the officer from whom the appeal is taken and with the Board a notice of appeal specifying the grounds thereof. The Zoning Administrator shall forthwith transmit to the Board all the papers constituting the record upon which the action appealed from was taken. The Board shall fix a reasonable time for the hearing of the appeal, give public notice thereof and decide the same within a reasonable time. Upon the hearing any party may appear in person or by agent or attorney. An appeal stays all proceedings in furtherance of the action appealed from, unless the Zoning Administrator certifies to the Board, after the notice of appeal shall have been filed with said official, that by reason of facts stated in the certificate a stay would, in the opinion of the Zoning Administrator, 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 Zoning Administrator and on due cause shown.

   The Board shall have the following powers:

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

   2.   To hear and decide special exceptions to the terms of this Zoning Code upon which the Board is required to pass under this Zoning Code.

   3.   Where the street or lot layout on the ground actually varies from the street and lot lines as shown in the Zoning Map, the Board shall interpret the map and the provisions of this Zoning Code in such a way as to carry out the intent and purposes of this Zoning Code for the particular district or section in question.

   4.   To permit the reconstruction, within one year, and use as before of a nonconforming building destroyed or damaged to more than sixty-five percent (65%) of its value by explosion, fire, act of God, or public enemy or other calamity, where the Board finds that the public needs require a continuance of the nonconforming use and that such continuance would not primarily permit a continuation of a monopoly.

   5.   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 is determined reasonably necessary for the public convenience or welfare except in a Residential District.

   6.   To authorize, upon appeal, in specific cases such variance from the terms of this chapter as will not be contrary to the public interest, where, owing to special conditions, a literal enforcement of the provisions herein will result in unnecessary hardship, and so that the spirit of this Zoning Code shall be observed and substantial justice done. The Board shall be satisfied by the evidence heard before it that the granting of such a variance will alleviate a hardship approaching confiscation as distinguished from a special privilege sought by the owner.

   7.   To determine, in cases of uncertainty, the classification of any use and to determine, in cases of uncertainty, industrial uses which may be established in any industrial district according to the terms of Paragraph 166.11(1)(E) and Paragraph 166.12(1)(E) of this Zoning Code.

   8.   To permit the erection and use of any accessory building on a lot before the erection of a principal building on such lot as provided herein, provided such use is temporary and for a period of time not to exceed one year.

   9.   To permit the extension of an existing building or use into a more restricted district immediately adjacent, under such conditions as will safeguard the character of the more restricted district, provided that such extension shall not be permitted more than 50 feet beyond the boundary line of the district in which such building or use is authorized.

   10.   To permit any use in a district that is not specifically prohibited in such district, and that is in keeping with and appropriate to the uses authorized in such district by the provisions of this Code of Ordinances.

   In exercising the above-mentioned powers, the Board may, in conformity with the provisions of this Zoning Code, reverse or affirm, wholly or partly, or may modify the order, requirement, decision or determination appealed from and may make such order, requirement, decision or determination as ought to be made, and to that end shall have all the powers of the officer from whom the appeal is taken. 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 required to pass under this Zoning Code or to affect any variation of this Zoning Code. It is not the intention to grant the Board the power or authority to alter or change the Zoning Ordinance or Zoning Map. Such power and authority rest solely with the Council in the manner provided in Section 172.05 of this Code of Ordinances.

   Any person or persons, jointly or severally, aggrieved by a 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 such relief through the courts as provided by statute.