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Any person desiring to erect or increase the height of any structure, or to permit the growth of any tree, or to otherwise use property in violation of any section of this chapter, may apply to the Board of Adjustment for variance from such regulations. No application for variance to the requirements of this chapter may be considered by the Board of Adjustment unless a copy of the application has been submitted to Municipal Airport Zoning Commission for an opinion as to the aeronautical effects of such a variance. If the Municipal Airport Zoning Commission does not respond to the Board of Adjustment within 15 days from receipt of the copy of the application, the Board may make its decision to grant or deny the variance.
A Board of Adjustment is provided for as follows:
1. Powers and Duties. The Carroll County Zoning Board of Adjustment will have and exercise the following powers:
A. To hear and decide appeals from any order, requirement, decision, or determination made by the Carroll County Zoning Commission in the enforcement of this chapter.
B. To hear and decide special exemptions to the terms of this chapter upon which such Board of Adjustment under such regulations may be required to pass.
C. To hear and decide specific variances.
2. Appointment and Term. The Board of Adjustment shall consist of five members appointed by the Board of Supervisors for the County to serve for staggered terms of five years and until successors are duly appointed and qualified. Members shall be removable by the appointing authority for cause, upon written charges, after a public hearing.
3. Rules; Meetings. The Board of Adjustment shall adopt rules for its governance and in harmony with the provisions of this chapter. Meetings of the Board shall be held at the call of the Chairperson and at such other times as the Board of Adjustment may determine. The Chairperson or, in his or her absence, the acting Chairperson may administer oaths and compel the attendance of witnesses. All meetings of the Board of Adjustment shall be open to the public. The Board of Adjustment 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 immediately be filed in the offices of the County Auditor, and on due cause shown.
4. Powers. The Board of Adjustment shall have the powers established in the Code of Iowa, Section 414.12.
5. Vote Required. The concurring vote of a majority of the members of the Board of Adjustment shall be sufficient to reverse any order, requirement, decision, or determination of any administrative official or to decide in favor of the applicant, on any matter upon which it is required to pass under this chapter, or to effect variations of this chapter.
It is the duty of the County Zoning Administrator to administer the regulations prescribed herein. Applications for permits and variances shall be made to County Zoning Administrator upon a form furnished by the Administrator. Applications required by this chapter to be submitted to the administrative agency shall be promptly considered and granted or denied. Application for action by the Board of Adjustment shall be forthwith transmitted by the County Zoning Administrator.
Each violation of this chapter or of any regulation, order or ruling promulgated hereunder shall constitute a misdemeanor and be punishable by a fine of not more than $500.00 or imprisonment for not more than one year or both; and each day a violation continues to exist shall constitute a separate offense.
Where there exists a conflict between any of the regulations or limitations prescribed in this chapter and any other regulations applicable to the same area, whether the conflict is with respect to height of structures, the use of land, or any other matter, the more stringent limitation or requirement shall govern and prevail.