A. Board Created: There is hereby created the zoning board of adjustment.
B. Purpose: The purpose of the board is to review applications regarding criteria for granting of special exceptions, conditional use permits, or variances; to decide citizens' appeals of orders, requirements, decisions, or determinations made by planning services staff; and to hear cases given by applicants and decide whether the request should be granted based on the criteria set forth in the zoning ordinance.
C. Internal Organization And Rules: The board may adopt rules and regulations to govern its organizational procedures as may be necessary and which are not in conflict with this code or the Iowa Code.
D. Procedures For Operation: All administrative, personnel, accounting, budgetary, and procurement policies of the city govern the board in all its operations.
E. Membership:
1. The board comprises five (5) residents of the city, appointed by the city council.
2. Residents must be eighteen (18) years of age or older.
3. Two (2) members from the board must be appointed as cross representatives to the airport zoning board of adjustment, with city council approval.
4. A majority of the members of the board must be persons representing the public at large and must not be involved in the business of purchasing or selling real estate.
5. Membership on the board must comply with the provisions of Iowa Code section 69.16A, relating to gender balance. No person can be appointed or reappointed to the board if that appointment or reappointment would cause the number of members of one gender to be greater than one-half (1/2) of the membership of the board plus one. If the city has made a good faith effort to appoint a qualified person to fill a vacancy on the board for a period of three (3) months but has been unable to make a compliant appointment, the city must utilize a fair and unbiased method of selecting the best qualified applicants.
F. Oath: Each person, upon appointment or reappointment to the board, must execute an oath of office at the first meeting of the board following the appointment or reappointment or at the city clerk's office any time prior to the first meeting of the board.
G. Terms: The term of office for members of the board is five (5) years or until such member's successor is appointed and qualified. The terms of the cross representative appointees to the airport zoning board of adjustment must serve a term on the airport zoning board of adjustment which coincides with their terms on the zoning board of adjustment.
H. Vacancies: Vacancies must be filled in the same manner as original appointments.
I. Officers/Organization: The board must choose annually a chairperson and vice chairperson, each to serve a term of one year. The chairperson must appoint a secretary, who need not be a member of the board. The board must fill a vacancy among its officers for the remainder of the officer's unexpired term. (Ord. 53-15, 8-17-2015)
J. Meetings:
1. Meetings: Meetings may be called by the chairperson or at the written request of a majority of the members.
2. Open Meetings: All meetings must be called and held in conformance with the Iowa open meetings law.
3. Attendance:
a. In the event a member of the board has been absent for three (3) or more consecutive meetings of the board, without being excused by the chairperson, such absence will be grounds for the board to recommend to the city council that the position be declared vacant and a replacement appointed.
b. Attendance must be entered upon the minutes of all meetings.
4. Minutes: A copy of the minutes of all meetings of the board must be filed with the city council within ten (10) working days after each meeting, or by the next regularly scheduled city council meeting, whichever is later.
5. Quorum: The concurring vote of three (3) members of the board is necessary to reverse any order, requirement, decision, or determination of any such administrative official, or to decide in favor of the applicant on any matter upon which it is required to pass under any such ordinance or to effect any variation in such ordinance. (Ord. 47-16, 9-19-2016)
K. Compensation: Members serve without compensation, provided that they may receive reimbursement for necessary travel and other expenses while on official board business within the limits established in the city administrative policies and budget.
L. Removal: The city council may remove any member for cause upon written charges and after a public hearing.
M. Powers: The board has the following powers, duties, and responsibilities:
1. To hear and decide appeals where it is alleged there is error in any order, requirement, decision, or determination made by an administrative official in the enforcement of Iowa Code chapter 414, as such may be amended from time to time, or any ordinance adopted pursuant thereto.
2. To hear and decide special exceptions to the terms of this code upon which such board is required to pass under such ordinance, in accordance with the general regulations of the zone in which the property is located and specific standards contained herein.
3. To hear and decide conditional use permits under the terms of this code upon which such board is required to pass under such ordinance, in accordance with the general regulations of the zone in which the property is located and specific standards contained herein.
4. To authorize upon appeal in specific cases such variance from the terms of the ordinance as will not be contrary to the public interest, where owing to special conditions a literal enforcement of the provisions of the ordinance will result in unnecessary hardship, and so that the spirit of the ordinance must be observed and substantial justice done.
In exercising the above mentioned powers such board may, in conformity with the provisions of this section, reverse or affirm, wholly or partly, or may modify the order, requirement, decision, or determination appealed from and may make such order requirement, decision, or determination as ought to be made, and to that end shall have all the powers of the officer from whom the appeal is taken. (Ord. 53-15, 8-17-2015)