1.   Creation and Membership. A Board of Adjustment, hereinafter referred to as the Board, is hereby established. The operation, powers Paragraph and duties of the Board shall be as provided in Sections 414.7 through 414.19 of the Code of Iowa, which are hereby adopted by this reference. 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 term of any member whose office becomes vacant during a term. Members shall be removable for cause by the Mayor upon written charges and after an opportunity for a public hearing. A majority of the members of the Board shall be persons representing the public at large and shall not be involved in the business of purchasing or selling real estate.

   2.   Rules; Meetings; General Procedure. The Board shall adopt, in writing, such rules of procedure not in conflict with this chapter as may be necessary to enable it to perform its functions and duties. The Board shall elect a Chairperson and Vice Chairperson from among its members who shall serve for one year. Meetings of the Board shall be held at the call of the Chairperson and at such other times as the Board may determine by rule. The Chairperson, or in the Chairperson’s absence, the Vice Chairperson, may administer oaths and compel the attendance of witnesses. All meetings of the Board shall be subject to the Iowa Open Meetings Law. The Board shall keep minutes of its proceedings, showing the vote of each member upon each question, and shall keep records of its examinations and other official actions, all of which shall be immediately filed in the office of the Clerk and shall be a public record. The Clerk is designated as the Secretary of the Board and shall provide such clerical assistance as may be necessary to carry on its work.

   3.   Powers and Duties. The Board shall have the following powers and duties:

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

      B.   Where there is any question or dispute regarding the location of a zoning district line or the application of any provision of this chapter, to interpret, upon the written request of the Zoning Administrator or any other person, the zoning map, and the provisions of this chapter in such a way as to carry out the intent and purpose of the zoning ordinance with respect to the particular district or vicinity in question.

      C.   To permit, upon written application, the reconstruction within one year and use as before of a nonconforming structure destroyed or damaged to more than 50 percent of its value by explosion, fire, act of God, public enemy, or other calamity, where the Board finds that the public welfare requires a continuance of the nonconforming use and that such continuation would not primarily permit a continuation of a monopoly.

      D.   To determine the classification of any use in cases of uncertainty.

      E.   To approve, deny Paragraph or approve conditionally applications for conditional use permits as provided in Section 165.10 of this chapter.

      F.   To approve, deny Paragraph or approve conditionally applications for special exception use permits as provided in Section 165.11 of this chapter.

      G.   To authorize, upon appeal in specific cases, variances from the terms of this chapter as provided in Section 165.12 of this chapter.

In exercising the foregoing powers, the Board may, in conformity with the provisions of this chapter, reverse or affirm, in whole or in part, or modify any order, requirement, decision, or determination of the Zoning Administrator 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 Zoning Administrator.

   4.   Appeals and Applications for Conditional and Special Exception Use Permits and Variances.

      A.   Appeals to the Board may be taken by any person aggrieved or affected by any decision of the Zoning Administrator, including appeals by any officer, department, or agency of the City. Such appeals shall be taken within a reasonable time as provided by the rules of the Board by filing with the Zoning Administrator and with the Board a written notice of appeal specifying the grounds thereof. The Zoning Administrator shall, following the filing of a notice of appeal, forthwith transmit to the Board all documents constituting the record upon which the action appealed from was taken.

      B.   An appeal stays all proceedings in furtherance of the action appealed from, unless the Zoning Administrator certifies to the Board, after the filing of the notice of appeal, that, by reason of the 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, upon due cause shown, by the Board or by the Iowa District Court upon application following notice to the Zoning Administrator.

      C.   The Board shall hear an appeal and applications for use permits under Section 165.10 and 165.11 or variances under Section 165.12 and render its decision within 30 days from the filing of the notice of appeal or application. Notice of the time and date of the hearing shall be furnished to the appellant or applicant and the Zoning Administrator, and public notice of such hearing, including its purpose, shall be given in all cases in the manner required by the Iowa Open Meetings Law. In all proceedings involving a request for a conditional use permit, a special exception use permit or a variance, public notice of such hearing, of the name of the applicant, and a description of the permit or variance requested shall be published once in a newspaper with general circulation in the City at least four days prior to the hearing and shall be mailed to owners and occupants of lots located, in whole or in part, within 200 feet of the exterior boundaries of any lot to which the pending application relates. Mailed notice shall not be deemed inadequate if it is sent to property owners as disclosed by the records maintained by the County Auditor and to occupants as disclosed by the utility records maintained by the Clerk. Any interested person may appear in person, or by agent or attorney and present evidence or otherwise be heard at each hearing before the Board.

   5.   Voting. The concurring vote of three members of the Board shall be necessary to reverse or modify any order, requirement, decision or determination by the Administrative Officer, or to decide in favor of the applicant on any other matter upon which the Board is required to pass, or to effect any variance from the terms of this chapter.

   6.   Petition for Judicial Review. Any person or persons aggrieved by any decision of the Board or any City resident or any officer, department, or Board of the City, may present to the Iowa District Court a petition, duly verified, alleging that such decision is illegal, in whole or in part, and specifying the grounds of illegality. Such petition shall be presented to the Court within 30 days after the filing of the decision of the Board. The procedures for judicial review and the relief available shall be governed by the relevant provisions of Chapter 414 of the Code of Iowa.

   7.   Fees. A fee of $50.00 shall be paid by any person, other than an officer or agency of the City acting in such capacity, at the time any application is made to have the Board render any decision upon any appeal or on any other matter under the jurisdiction of the Board.