The Board of Adjustment shall have the power and duty to:
1. Hear and decide appeals taken pursuant to Section 174.09.
2. Grant a variance in the regulations of the Zoning and Property Chapters that will not be contrary to the public interest, where owing to special conditions a literal enforcement of the regulations will result in unnecessary hardship, and so that the spirit of the chapters shall be observed and substantial justice done. To establish unnecessary hardship a property owner must show all of the following elements:
A. The land in question cannot yield a reasonable return from any use permitted by the regulations of the district in which the land is located. Failure to yield a reasonable return may only be shown by proof that the owner has been deprived of all beneficial or productive use of the land in question. It is not sufficient merely to show that the value of the land has been depreciated by the regulations or that a variance would permit the owner to maintain a more profitable use.
B. The plight of the owner is due to unique circumstances not of the owner's own making, which unique circumstances must relate specifically to the land in question and not to general conditions in the neighborhood.
C. The use to be authorized by the variance will not alter the essential character of the locality of the land in question.
In granting any variance, the Board 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 subject to enforcement under Sections 174.01 and 174.02. No appeal for a use variance shall be considered by the Board unless a proposed amendment to rezone the subject property to a district classification permitting such use has been considered and denied by the City Council within the preceding year, provided that this requirement shall not apply to appeals for area variances.
3. Grant a variation from the terms of Section 167.35, Floodplain/Floodway Overlay District, that will not be contrary to the public interest, where owing to special conditions a literal enforcement will result in unnecessary hardship. Any such variance granted must meet the following applicable standards, in addition to the general standards for variances set forth in subsection 2 of this section.
A. No variance shall be granted for any development within the FW district which would result in a significant increase in the 100-year flood level.
B. Variances shall only be granted upon:
(1) A showing of good and sufficient cause;
(2) A determination that failure to grant the variance would result in exceptional hardship to the appellant;
(3) A determination that the granting of the variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, creation of nuisances, or victimization of the public;
(4) A determination that the variance is the minimum necessary, considering the flood hazard, to afford relief; and
(5) A showing that the Iowa Department of Natural Resources has been notified of the requested variance.
4. Permit the exceptions in this subsection to the district regulations set forth in the Zoning and Property Chapters, provided all exceptions shall by their design, construction and operation adequately safeguard the health, safety and welfare of the occupants of adjoining and surrounding property; shall not impair an adequate supply of light and air to adjacent property; shall not unduly increase congestion in the public streets; shall not increase public danger of fire and safety; and shall not diminish or impair established property values in surrounding areas. However, nothing in this subsection shall be interpreted as authorizing the Board to grant an exception to any separation requirement, such power being expressly denied the Board. Any exception to a separation requirement granted for a structure for which a building permit has not been issued shall be null and void. In granting any exception, the Board may prescribe appropriate conditions and safeguards in conformity with these chapters. The Board of Adjustment may permit:
A. Exceptions to any setback, area, length, width, height, yard, size or projection limitation or to the minimum required number of off-street parking or loading spaces; provided such an exception may be granted only where:
(1) Such exception does not exceed 50 percent of the particular limitation or number in question; or
(2) Such exception is from a yard requirement to permit an addition to an existing legal non-conforming building and such addition extends no further into the required yard than the existing building;
(3) The exception relates entirely to a use classified by applicable district regulations as either a principal permitted use, a permitted accessory use, or a permitted sign, or to off-street parking or loading areas accessory to such a permitted use;
(4) The exception is reasonably necessary due to practical difficulties related to the land in question;
(5) Such practical difficulties cannot be overcome by any feasible alternative means other than an exception; and
(6) The exception is in harmony with the essential character of the neighborhood of the land in question.
B. Use of property for off-street parking areas accessory to permitted residential district uses where such parking areas do not immediately adjoin the permitted residential district use.
C. Exceptions to the minimum lot width requirement, where such lot meets the lot width at the building line and satisfies the following conditions:
(1) The development pattern of the lot is in harmony with the development pattern of the neighborhood in which it is located;
(2) The development has unique terrain, views or vegetation; and
(3) The development is consistent with the density of the adjoining lots.
D. Exceptions to the minimum design standards for single-family detached dwellings where the design of the dwelling is consistent with the design of existing dwellings in the neighborhood of the land in question, or the exception is necessary to permit the construction of a dwelling upon a lot of unusual shape or topography.
E. Exceptions to the time period within which a use may be resumed after a temporary discontinuance of that use, where:
(1) The discontinuance of the use was due to unique circumstances not of the owner's own making.
(2) The use to be authorized by the exception is in harmony with the essential character of the neighborhood of the land in question.
5. Hear and decide applications for special permits in accordance with Section 174.11 of this chapter.