1.   Board of Adjustment Created. A Board of Adjustment is hereby created. The Board of Adjustment shall consist of five (5) members, each to be appointed by the Council for a term of five (5) years, who shall be citizens of the City and who shall not hold any elective office in the City government. The Council shall fill vacancies for the unexpired term of any member whose term becomes vacant. Members shall be removable for cause by the appointing authority upon written charges and after public hearing. The Board shall elect a Chairperson from its membership, and appoint a Secretary. All members of the Board shall serve without compensation. Matters of procedure, powers and judicial review relating to this Board are regulated by statute.

2.   Procedure. Meetings of the Board of Adjustment shall be held at the call of the Chairperson and at such other times as the Board may determine. All hearings and meetings conducted by said Board shall be open to the public. The Board shall keep minutes of its proceedings showing the vote, or failure to vote, of each member upon every question, and shall keep records of its examinations and other official actions. These shall be filed immediately in the office of the Clerk and shall be a public record. The Board shall adopt its own roles of procedure not in conflict with this section or with the Iowa Statutes. The Chairperson, or in the absence of the Chairperson, the acting Chairperson, may administer oaths and compel the attendance of witnesses.

3.   Review by Board of Adjustment. All prohibitions as above provided are subject to review by the Board of Adjustment and an otherwise prohibited use may be permitted if approved by said Board, subject to securing a permit therefor and to such conditions, restrictions, and safeguards as may be deemed necessary for the purpose of protecting the health, safety, morals, and general welfare of the community. An appeal to the Board of Adjustment may be taken by any person aggrieved by any order, requirement, decision or determination by any governmental officer, department, board or bureau based in whole or in part upon the provisions of this section. Such appeal shall be filed with the Zoning Officer and the Board of Adjustment within twenty (20) days of the action appealed from. Upon appeal, the Zoning Officer shall immediately transmit to the Board of Adjustment all papers constituting the record upon which the action appealed from was taken. An appeal stays all proceedings in furtherance of the action appealed from unless the Zoning Officer certifies to the Board that a stay would, in the opinion of the Zoning Officer, cause imminent peril to life or property. The Board shall fix a reasonable time for hearing of the appeal, a notice of which shall be published at least once not more than twenty (20) or less than seven (7) days before the hearing in a newspaper of general circulation within the community. The concurring vote of three (3) members of the Board of Adjustment is necessary to reverse any order, requirement, decision of an administrative official or to decide in favor of the applicant. A fee set by resolution by the Council shall be paid to the Clerk at the time the notice of appeal is filed to the credit of the General Revenue Fund of the City.

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

   A.   To hear and decide appeals where it is alleged that there is an error in any action by the Zoning Officer or other administrative official in carrying out the provisions of this chapter; and for the interpretation of the Zoning Map.

   B.   To hear and decide special exceptions to the terms of the Zoning Ordinance where specifically outlined.

   C.   To hear and decide on applications for a variation in cases where there are practical difficulties or particular hardships in the way of carrying out the provisions of this chapter. Before any variation is granted, the Board of Adjustment must make a finding of facts that all of the following conditions are shown to be present: (a) the property in question cannot yield a reasonable, return if permitted to be used only under the conditions allowed by the regulations in that zone; (b) the plight of the owner is due to unique circumstances, and (c) a variation, if granted, will not alter the essential character of the locality. In granting a variation the Board may attach thereto any conditions and safeguards it deems necessary or desirable in furthering the purposes of this chapter.

Nothing herein contained shall be construed to give or grant to the Board the power or authority to permit a use not generally permitted in the district involved.

5.   Appeal from Decision of Board of Adjustment. Any person or persons, jointly or severally, aggrieved by any decision of the Board of Adjustment under the provisions of this chapter, or any taxpayer, or any officer, department, board, or bureau of the City, may present to a court of record a petition, duly verified, setting forth that such decision is illegal, in whole or in part, and specifying the grounds of the illegality. Such petition shall be presented to the court within thirty (30) days after the filing of the decision in the office of the Board. Upon the presentation of such petition, the court may allow a writ of certiorari directed to the Board of Adjustment to review such decision of the Board of Adjustment and shall prescribe therein the time within which a return thereto must be made and served, which shall not be less than ten (10) days and may be extended by the court. The allowance of the writ shall not stay proceedings upon the decision appealed from, but the court may, on application, on notice to the Board and on due cause shown, grant a restraining order.