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165.17  BOARD OF ADJUSTMENT:  POWERS AND DUTIES.
The Board of Adjustment shall have the following powers and duties:
   1.   Administrative Review.  To hear and decide appeals where it is alleged there is error in any order, requirement, decision, or determination made by the Zoning/Building Administrator in the enforcement of this chapter.  Appeals to the Board may be taken by any person aggrieved, or by any officer, department, board or bureau of the City of Adel affected by any decision of the administrative officer.  Such appeal shall be taken within 60 days by filing with the Zoning/Building Administrator, and with the Board a notice of appeal specifying the grounds thereof.  The Zoning/Building Administrator shall forthwith transmit to the Board all papers constituting the record upon which the action appealed is taken.  The Board shall fix a reasonable time for the hearing of the appeal, and give not less than seven or more than 20 days’ public notice in a paper of local circulation.  At said hearing, any party may appear in person, by agent or by attorney.  An appeal stays all proceedings in furtherance of the action appealed, unless the Zoning/Building Administrator from whom the appeal is taken certifies to the Board of Adjustment, after the Notice of Appeal is filed with the Administrator, that by reason of facts stated in the certificate, a stay would, in the Administrator’s opinion, cause imminent peril to life and property.  In such case proceedings shall not be stayed other than by a restraining order, which may be granted by the Board of Adjustment or by a court of record on application, on notice to the Zoning/Building Administrator from whom the appeal is taken and on due cause shown.
   2.   Special Exceptions:  Conditions Governing Applications; Procedures.  To hear and decide only such special exceptions as the Board of Adjustment is specifically authorized to pass on by the terms of this chapter, to decide such questions as are involved in determining whether special exceptions should be granted, and to grant special exceptions with such conditions and safeguards as are appropriate under this chapter, or to deny special exceptions when not in harmony with the purpose and intent of this chapter.  A special exception shall not be granted by the Board of Adjustment unless and until:
      A.   A written application for a special exception is submitted indicating the section of this chapter under which the special exception is sought and stating the grounds on which it is requested.
      B.   The Board shall fix a reasonable time for the hearing of the special exception, and give not less than seven or more than 20 days’ public notice in a paper of local circulation.  At said hearing, any party may appear in person, by agent or by attorney.
      C.   The public hearing shall be held.  Any party may appear in person, by agent or attorney.
      D.   The Board of Adjustment shall make a finding that it is empowered under the section of this chapter described in the application to grant the special exception and that the granting of the special exception will not adversely affect the public interest.
   3.   Variance, Conditions Governing Application; Procedures.  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 of this chapter would result in unnecessary hardship.  A variance from the terms of this chapter shall not be granted by the Board of Adjustment unless and until:
      A.   A written application for a variance is submitted demonstrating:
         (1)   That special conditions and circumstances exist which are peculiar to land, structure, or building involved and which are not applicable to other lands, structures, or buildings in the same district;
         (2)   That literal interpretation of the provisions of this chapter would deprive the applicant of rights commonly enjoyed by other properties in the same district under the terms of this chapter;
         (3)   That the special conditions and circumstances do not result from the actions of the applicant;
         (4)   That granting the variance requested will not confer on the applicant any special privilege that is denied by this chapter to other lands, structures, or buildings in the same district.
      B.   No nonconforming use of neighboring lands, structures, or buildings in the same district, and no permitted or nonconforming use of land, structures, or buildings in other districts may be considered grounds for the issuance of a variance.
      C.   The Board shall fix a reasonable time for the hearing of the variance, and give not less than seven or more than 20 days’ public notice in a paper of local circulation.  At said hearing, any party may appear in person, by agent or by attorney.
      D.   The public hearing shall be held.  Any party may appear in person, by agent or by attorney.
      E.   The Board of Adjustment shall make findings that requirements of this section have been met by the applicant for a variance.
      F.   The Board of Adjustment shall further make a finding that the reasons set forth in the application justify the granting of the variance, and that the variance is the minimum variance that will make possible the reasonable use of land, building, or structure.
      G.   The Board of Adjustment shall further make a finding that the granting of the variance will be in harmony with the general purpose and intent of this chapter, and will not be injurious to the neighborhood or otherwise detrimental to the public welfare.
      H.   In granting any variance, the Board of Adjustment may prescribe appropriate conditions and safeguards in conformity with this chapter.  Violation of such conditions and safeguards, when made a part of the terms under which the variance is granted, shall be deemed a violation of this chapter and punishable under this chapter.
      I.   Under no circumstances shall the Board of Adjustment grant a variance to allow a use not permissible under the terms of this chapter in the district involved or any use expressly or by implication prohibited by the terms of this chapter in said district.
   4.   Approved Action by Board.  The concurring vote of a majority of members of the Board shall be necessary to reverse any order, requirement, decision, or determination of the Zoning/Building Administrator, or to decide in favor of the applicant on any matter upon which it is required to pass under this chapter, or to effect any variation in the application of this chapter.