The Board shall have the following powers:
(A) To hear and decide appeals where it is alleged there is error in any order, requirement, decision or determination made by the administrative officer in the enforcement of Title 10 of this code of ordinances;
(B) To hear and decide special exceptions to the terms of Title 10 of this code of ordinances upon which the Board is required to pass under the provisions of Title 10 of this code of ordinances;
(C) Where the street or lot layout on the ground actually varies from the street and lot lines as shown on the zoning map, the Board shall interpret the map and the provisions of Title 10 of this code of ordinances in such a way as to carry out the intent and purposes of Title 10 of this code of ordinances for the particular district or section in question;
(D) To permit the reconstruction, within one year and use as before of a non-conforming building destroyed or damaged to more than 65% of its value by explosion, fire, act of God or public enemy or other calamity, where the Board finds that the public needs require a continuance of the non-conforming use and that such continuance would not primarily permit a continuation of a monopoly;
(E) To permit the erection and use of a building or the use of premises in any location for a public service corporation for public utility purposes which is determined reasonably necessary for the public convenience or welfare; and
(F) To authorize, upon appeal in specific cases, such variance from the terms of Title 10 of this code of ordinances as will not be contrary to the public interest, where, owing to special conditions, a literal enforcement of the provisions herein will result in unnecessary hardship, and so that the spirit of Title 10 of this code of ordinances shall be observed and substantial justice done. The Board shall be satisfied by the evidence heard before it that the granting of such variance will alleviate a hardship approaching confiscation as distinguished from a special privilege sought by the owner.
(Ord. D-047, passed 11-21-2017)
Statutory reference:
Related provisions, see Iowa Code § 414.12