A.   Creation; Terms: A Board of Adjustment is hereby established. The Board shall consist of five (5) members to be appointed by the City Council for a term of five (5) years, except that when the Board shall first be created, one member shall be appointed for a term of five (5) years, one for a term of four (4) years, one for a term of three (3) years, one for a term of two (2) years and one for a term of one year.

   B.   Public Representation: A majority of the members of the Board of Adjustment shall be persons representing the public at large and shall not be involved in the business of purchasing or selling real estate.

   C.   Removal From Office; Hearing: Members of the Board of Adjustment may be removed from office by the City Council for cause upon written charges and after public hearing.

   D.   Filling Vacancies: Vacancies shall be filled by the City Council for the unexpired term of the member. (Ord. 5-81, 9-1-1981)

The Board shall follow rules in accordance with the provisions of Section 10-3-5 of this Chapter and the Iowa Code. The Board shall elect its own chairman at the first meeting of the calendar year, who shall serve for one year. Meetings will be established by the rules and shall be open to the public. The chairman, or in his absence, the acting chairman, may administer oaths and compel the attendance of witnesses. Three (3) members present shall constitute a quorum. The Board shall keep minutes of the proceedings showing the vote of each member upon each question, and all such materials and related documents shall be immediately filed in the City Clerk's office and shall be a public record. (Ord. 5-81, 9-1-1981)

The Board shall have the following powers and it shall be its duty:

   A.   Hear And Decide Appeals: To hear and decide appeals of interpretation where it is alleged there is an error in any order, requirement, decision, or determination made by the Zoning Administrator in the enforcement of this Title or of any supplement or amendment. (Ord. 5-81, 9-1-1981)

      1.   Appeals of interpretation may be taken by any person, or by any officer, department, board or commission of the City aggrieved by such interpretation. Once notified in writing of the decision and its justification, the aggrieved party has thirty (30) days to appeal to the Board by filling out the appeal form in the Department of Zoning and Building. Said appeal shall specify the grounds for appeal. The Zoning Administrator shall forward the appeal and all related papers which constitute the record upon which the appeal was taken to the Board of Adjustment. (Ord. 5-81, 9-1-1981; amd. 1998 Code)

      2.   Appeals to interpretation may relate to zoning district boundary line location, the use of the building or premises, the applicability of zoning standards to the specific site, and other similar matters.

   B.   Application For Special Exception; Hearing: To hear and decide on applications for special exceptions as provided for the zoning districts in this Title.

      1.   Applications for special exceptions shall be to the Board through the Department of Zoning and Building on the application form provided. Additionally, the applicant will provide a site plan and a written explanation of the proposed special use which describes when it will be started and completed, how it will operate, how it will satisfy a need for such a use in that particular location. The Zoning Administrator shall forward the application and all related papers to the Board for their review decision.

      2.   Before the issuance of a special exception permit, the Board will hold a public hearing and shall determine that the granting of a special exception will not adversely affect the public interest.

      3.   The Board may place reasonable conditions on the special exception as necessary to protect the character of the neighborhood, to maintain the spirit and intent of this Title.

   C.   Authorize Variances: To authorize, upon appeal, such variances from the terms of this Title where because of unusual circumstances, a literal enforcement of the provisions of this Title will result in unnecessary hardship, and so that the spirit of this Title be observed and substantial justice done.

      1.   Appeals for a variance may be made by the landowner, potential buyer or developer or operator/manager of land, who has applied for a building permit and been denied because the proposed development does not comply with the specific regulations of this Title. The same appeals process is required for previously constructed structures which were built in violation of this Title. The applicant has fifteen (15) days from building permit denial to appeal to the Board by completing the appeal form in the Department of Zoning and Building. Said appeal should state the specific variance requested and the reasons for which the appeal should be granted. The Zoning Administrator shall forward the appeal and all related papers, which constitute the records upon which this appeal was taken, to the Board of Adjustment.

      2.   Before deciding on the variance appeal, the Board will hold a public hearing and shall determine if one of the three (3) following instances has occurred: (Ord. 5-81, 9-1-1981)

         a.   When a building being occupied by a nonconforming use has been destroyed or damaged to more than sixty five percent (65%) of its current market value by fire, act of God, explosion, or riot, the Board may permit the reconstruction of such a building, when it is conclusively shown that the public needs require a continuation of the nonconforming uses, and that such continuation would not primarily permit a continuation of a monopoly. (Ord. 5-81, 9-1-1981; amd. 1998 Code)

         b.   When because of an exceptional situation, topographical condition, surroundings, size, shape or other condition of a specific piece of property of record, the strict application of any provision of this Title would result in peculiar and exceptional practical difficulties or particular hardship upon the owner of such property and amount to a practical confiscation, the Board may vary the application of the regulations imposed by this Title subject to the restrictions in the following paragraphs.

         c.   When the applicant for a variance can show that the hardship is a compelling force and not a perceived one, the hardship was created by the provisions of this Title and not the applicant, and the strict application of the provisions of this Title precludes its use for any purpose to which the land is reasonably adapted.

      3.   No variation in the application of the provisions of this Title shall be made in the instances specified above unless and until the Board shall be satisfied that granting the variance will not:

         a.   Merely serve as a convenience to the applicant and is not necessary to alleviate demonstrable hardship or difficulty so great as to warrant the variance.

         b.   Impair the general purpose and intent of the Development Plan as established by the regulations and provisions contained in this Title.

         c.   Impair an adequate supply of light and air to adjacent property.

         d.   Increase the hazard from fire and other danger to said property. (Ord. 5-81, 9-1-1981)

         e.   Diminish the value of land and buildings elsewhere in the City.

         f.   Increase the congestion and traffic hazards on public roads.

         g.   Otherwise impair the public health, safety, and general welfare of the inhabitants of the City. (Ord. 5-81, 9-1-1981; amd. 1998 Code)

         h.   Result in increased flood heights, cause extraordinary public expense, or create nuisances, as determined by the Iowa Natural Resources Council.

         i.   Exceed the minimum variance necessary to afford relief considering the flood hazard, as determined by the Iowa Natural Resources Council. (Ord. 5-81, 9-1-1981)

Upon receipt of an appeals application form, the Zoning Administrator will schedule the case for the next regular Board meeting. Cases filed less than ten (10) days from the regular meeting will automatically be set for hearing on the subsequent regular meeting.

   A.   Notice Of Public Hearing: The Zoning Administrator will publicize the public hearing stating the location of the property and a brief description of the nature of the application, and the time and place of the public hearing in the following manner:

      1.   Notify all owners of property located within two hundred feet (200') in all directions from the property in question by common mail at least five (5) days prior to the Board meeting.

      2.   Prominently display an informational sign on the applicant's site.

      3.   Notify the County Engineer and County Health Officer and allow them time to reply, if applicable.

   B.   Testimony: At the public hearing, any person may appear and testify either in person or by duly authorized person or attorney, or in writing received by noon of the meeting day. For all appeals and applications, the burden of proof rests with the applicant.

   C.   Voting: In exercising the powers of Section 10-3-3 above, the concurring vote of three (3) members of the Board of Adjustment shall be necessary to reverse or affirm, wholly or partly, or modify or amend any appeal, or to impose such conditions for a special exception as are deemed necessary to protect the public good. Every decision of a Board case will result in a written decision which specifies the reasons for granting or denying an appeal or the list of conditions upon which the special exception is approved (if necessary), which decision shall be filed with the City Clerk.

   D.   Notification Of Board's Decision: The Administrative Officer shall notify the applicant by written letter of the official decision of the Board within fifteen (15) days of the decision. (Ord. 5-81, 9-1-1981)

   E.   Right To Appeal Decision: Any person or persons jointly or separately aggrieved by any decision of the Board under the provisions of this Title, or any taxpayer, or any officer, department, board, or commission of the City may present to District Court a petition, duly verified, setting forth that such decision is illegal, in whole or in part, specifying the grounds of illegality. Such petition shall be presented to the Court within thirty (30) days after the filing of the decision with the City Clerk. (Ord. 5-81, 9-1-1981; amd. 1998 Code)

   F.   Filing Fee: The filing fee for all appeals and applications to the Board of Adjustment is twenty five dollars ($25.00). (Ord. 5-81, 9-1-1981)

   A.   Officers: The Board of Adjustment shall select from its membership a chairman and vice chairman who shall perform the usual duties pertaining to such offices.

      1.   Selection: At the first regular meeting in January of each year, the Board will pick its officers from its membership. All officers are eligible for reelection.

      2.   Tenure: The chairman and vice chairman shall take office immediately following their selection and shall hold office for a term of one year or until their successors are selected and assume office.

      3.   Duties: The chairman shall preside at all meetings and hearings of the Board, shall decide all points of order or procedure, and shall appoint any committees that may be found necessary. The vice chairman shall assume the duties of the chairman in the absence of the chairman.

      4.   Secretary: The secretary will be appointed by the Board and may be a member of the Board, an employee of the Board, or a regular employee of the City. The secretary shall conduct all official correspondence subject to these rules at the direction of the Board, shall send out all notices required by these rules of procedure, keep the minutes of the Board's proceedings, and keep a file on each case which comes before the Board. For all appeals and applications, the secretary shall issue the proper forms; see that information, maps, and plats are compiled and ready for Board's review; notify any property owner interested parties by mail of the time and place of the hearing; and any other duties as determined by the Board.

   B.   Meetings: The annual meeting of the Board will take place at the first regular meeting in January of each year. Regular meetings of the Board of Adjustment shall be held at seven o'clock (7:00) P.M. The secretary shall give each member of the Board seventy two (72) hours' notice of such meeting.

      1.   Special Meetings: Special meetings may be called by the chairman, or at the request of the three (3) members of the Board of Adjustment. Notice of the special meeting shall be given by the secretary to the members of the Board at least forty eight (48) hours prior to such meeting and shall state the purpose and time of meeting.

      2.   Quorum: A quorum of the Board shall consist of three (3) members.

      3.   Public: All regular, special, and subcommittee meetings, public hearings, records and accounts shall be open to the public.

      4.   Order Of Business: The secretary shall prepare an agenda for each meeting and send it to each Boardmember as a part of the notification process (72 hours prior). The order of business shall be as follows:

         a.   Roll call.

         b.   Reading the minutes of the previous meeting.

         c.   Communications.

         d.   Report of committees.

         e.   Unfinished business.

         f.   New business.

         g.   Adjournment.

      5.   Voting:

         a.   The concurring vote of three (3) members of the Board is required to reach a decision (no matter how many Board members are present). Voting will be by roll call and will be recorded by yeas and nays.

         b.   All members of the Board, including the chairman, are required to cast a vote for each motion. Minutes will show members absent for each vote. A member may abstain if he/she feels there is a conflict of interest, particularly if the conflict is of a financial nature. If a member elects to abstain from voting, he/she is required to state the reason for his/her abstention at the time of voting.

      6.   Unfinished Business: Where all appeals or applications cannot be disposed of on the day set (due to length of meeting or extenuating circumstances), the Board may adjourn from day-to-day or until the next regular meeting, as the Board may decide.

      7.   Board Action: The Board may not vote on an appeal or application until all required information has been set forth on the forms and until the hearing has been conducted.

      8.   Parliamentary Procedure: "Robert's Rule of Order Revised" will govern the Board meetings.

   C.   Cases Decided By Board: The following cases shall be made before the Board of Adjustment on forms provided by the Board secretary:

      1.   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 Title.

      2.   Special exceptions to the terms of this Zoning Title upon which the Board is required to act under this Title.

      3.   Variances to a zoning district requirement where there are unusual conditions or circumstances which cause a hardship when the provisions of zoning are strictly applied.

   D.   Procedure For Hearing Cases: The following rules will apply to all appeals or applications before the Board:

      1.   Appeals to the Board may be taken by any person, group, or by any officer or department of the City affected by any decision of the Zoning Administrator and by applicants for a special exception or variance.

      2.   The Zoning Administrator shall tell the applicant or interested party why the zoning or building permit was denied or why the application is necessary. He/she shall inform the applicant or interested party of the right to apply or appeal to the Board of Adjustment. The Zoning Administrator will transmit the completed appeal form along with all papers constituting the record upon which the Board shall act.

      3.   The applicant shall complete the required forms, providing all information requested by the form and any additional information as requested by the Zoning Administrator.

      4.   The secretary of the Board shall reject any such application or appeal which is not filed within thirty (30) days of the Zoning Administrator's decision. Also, the secretary shall reject any such application or appeal unless same are made on prescribed forms properly filled out with all required data attached.

      5.   An application or appeal filed to the above procedure shall be given a case number within five (5) working days from the date filed. Applications or appeals will be assigned in the order in which they are received. Cases assigned to the Board less than ten (10) days prior to the regular meeting will automatically be set for hearing on the subsequent regular meeting day.

      6.   The secretary of the Board shall notify the parties of interest (property owners of record within 200 feet of the applicant's lot lines) by mail of the time, place, and purpose of the public hearing and give (4 but not more than 20 days') public notice in a newspaper of general circulation.

      7.   Hearings shall be held by the Board of Adjustment at the City Hall and shall be open to the public.

      8.   At the time of the public hearing, the applicant may appear on his/her own behalf or be represented by agent or counsel. In the absence of any personal appearance on behalf of the applicant, the Board will proceed to dispose of the matter on the forms and information provided before.

      9.   The order of the hearing shall be as follows:

         a.   The applicant's or appellant's side of the case,

         b.   The Zoning Administrator's side of the case,

         c.   The interested property owners' opinions,

         d.   The applicant's rebuttal.

      10.   After the hearing, the Board shall deliberate the case. The Board may ask the Board's attorney for comments.

      11.   The applicant or appellant may withdraw his/her application or appeal at any time prior to the decision by the Board of Adjustment.

      12.   Final decision of any application or appeal shall be made in the form of a resolution by anyone on the Board of Adjustment. The resolution may modify, or reverse the refusal of a permit by the decision of the Zoning Administrator. In the case of an application for variance or special exception, the resolution shall set forth that the application is granted or denied and said resolution shall specifically set forth what variances or special uses are permitted and what conditions, if any, shall be complied with.

      13.   Within fifteen (15) days after the hearing, the Board shall notify the parties of interest and the Zoning Administrator of its decision.

      14.   A rehearing of any decision of the Board of Adjustment may be made if the following occur: the motion to reconsider is made by a member of the Board and carried by not less than four (4) affirmative votes; new evidence is submitted which could not reasonably have been presented at the original meeting, at least ninety (90) days have elapsed since the resolution was defeated; and the case is put on the agenda for a rehearing.

   E.   Records: The secretary shall keep books showing the status of all cases and minutes as part of the records of the Board of Adjustment. In addition, the secretary shall keep a file of all cases including forms and additional information as a part of the legal records.

      1.   All records of the Board shall be a public record.

      2.   The secretary shall publish the minutes of all meetings in a newspaper of general circulation within fifteen (15) days of the meeting.

   F.   Amendments: A majority vote of all the members of the Board shall be necessary to amend these procedural rules. Such proposed amendments shall be presented in writing at any regular meeting of the Board of Adjustment.

   G.   Informal Advice: The Board will not consider a request (informal or not) for advice on theoretical or actual situations which potentially may later come before the Board as an appeal or application. (Ord. 5-81, 9-1-1981)