The Board of Adjustment, as established under applicable provisions of the Code of Iowa, is the Board referred to in Chapters 165A through 165D of this Code of Ordinances.
1. Appointment; Terms; Removal. The Board shall consist of five members, who are residents of the City, to be appointed by the Mayor and subject to approval by the Council for a term of five years except when the Board shall first be created, one member shall be appointed for a term of five years, one for a term of four years, one for a term of three years, one for a term of two years, and one for a term of one year. A majority of the members of the Board shall be persons representing the public at large. The Board of Adjustment members shall not also be members of the Planning and Zoning Commission or be City staff, and members shall not hold an elective office in municipal government nor shall a majority of the members be involved in the business of purchasing or selling real estate. Members of the Board may be removed from office by the City Council for cause upon written charges and after public hearing. Vacancies shall be filled by the Mayor, subject to City Council approval, for the unexpired term of the member affected.
2. Powers and Duties. The Board of Adjustment is hereby vested with the following powers and duties:
A. To hear and decide all applications for variances from the terms provided in the Zoning Code in the manner prescribed and subject to the standards herein.
B. To hear and decide all applications for special exceptions in the manner prescribed in the Zoning Code.
C. To hear and decide appeals where it is alleged there is an error in any order, requirement, decision, or determination made by the Zoning Administrator in the enforcement of the Zoning Code. The Board shall also interpret the Official Zoning Map, if necessary.
3. Meetings and Rules. The Board shall adopt rules necessary to the conduct of its affairs, and in keeping with the provisions of this section. Meetings shall be held at the call of the chairperson and at such other times as the Board may determine. The chairperson, or in his absence, the acting chairperson, may administer oaths and compel attendance of witnesses. All meetings shall be open to the public.
4. Meeting Minutes and Records. The Board shall keep minutes of its proceedings, showing the vote of each member upon each agenda item requiring action, 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 be public record and be filed in the offices of the Zoning Administrator and City Clerk.
5. Voting. The concurring vote of three members of the Board shall be necessary to reverse any order, requirement, decision, or determination of the Zoning Administrator, or to decide in favor of the applicant on any matter upon which it is required to pass under this title, or to effect any variation in application of this title.
6. Finality of Decisions of the Board of Adjustment. All decisions and findings of the Board of Adjustment on appeals applications, applications for variances, or applications for special exceptions, after a hearing, shall, in all instances, be the final administrative decisions and shall be subject to judicial review as is stated in the Code of Iowa.