The board of adjustment shall have the following powers and duties:
A. Administrative Review: To hear and decide appeals where it is alleged there was error in any order, requirement, decision, or determination made by the administrative officer in the enforcement of this title.
B. Appeals To Board Of Adjustment: Appeals concerning interpretation or administration of this title may be taken by any person aggrieved or by any officer, department, board or bureau of the governing body of the city affected by any decision of the administrative officer.
1. Notice Of Appeal: Such appeals shall be taken within a reasonable time, not to exceed sixty (60) days by filing with the administrative officer and with the secretary of the board of adjustment a notice of appeal specifying the grounds thereof. The administrative officer shall forthwith transmit to the board all paper constituting the record upon which the action appealed from was taken.
2. Time Limit For Hearing: The board of adjustment shall fix a reasonable time not exceeding thirty (30) days from the date of appeal for the hearing, give public notice thereof as well as due notice to the parties in interest, and decide the same within a reasonable time, not exceeding fifteen (15) days from the date of the hearing. At the hearing, any party may appear in person or by agent or attorney.
C. Stay Of Proceedings: An appeal stays all proceedings in furtherance of the action appealed from, unless the administrative officer from whom the appeal is taken certifies to the board of adjustment after the notice of appeal is filed with him, that by reason of facts stated in the certificate, a stay would, in his opinion, cause imminent peril to life and property. In such case, proceedings shall not be stayed other than by a restraining order which may be granted by the board of adjustment or by a court of record on application, on notice to the administrative officer from whom the appeal is taken and on due cause shown.
D. Special Exceptions; Conditions Governing Applications; Procedures: The board shall be authorized to hear and decide only such special exceptions as the board of adjustment is specifically authorized to pass on by the terms of this title; to decide such questions as are involved in determining whether special exceptions should be granted; and to grant special exceptions with such conditions and safeguards as are appropriate under this title, or to deny special exceptions when not in harmony with the purpose and intent of this title. A special exception shall not be granted by the board of adjustment unless and until:
1. Application For Special Exception: A written application for a special exception is submitted indicating the section of this title under which the special exception is sought and stating the grounds on which it is requested.
2. Notice Of Hearing: Notice shall be given at least fifteen (15) days in advance of the public hearing in the manner required for a public hearing by the Iowa Code for cities the size of Oxford. Notice shall also be mailed to all property owners within a distance of two hundred feet (200') of the affected property.
3. Conduct Of Hearing: The public hearing shall be held. Any party may appear in person, or by agent or attorney.
4. Findings By Board:
a. Effect On Public Interest: The board of adjustment shall make a finding that it is empowered under the section of this title described in the application to grant the special exception, and that the granting of the special exception will not adversely affect the public interest.
b. Prescribe Conditions And Safeguards; Violations; Time Limit: In granting any special exception, the board of adjustment may prescribe appropriate conditions and safeguards in conformity with this title. Violation of such conditions and safeguards, when made a part of the terms under which the special exception is granted, shall be deemed a violation of this title and punishable under section 10-3-8 of this title. The board of adjustment shall prescribe a time limit within which the action for which the special exception is required shall be begun or completed, or both. Failure to begin or complete, or both, such action within the time limit set shall void the special exception.
E. Variances; Conditions Governing Application:
1. Conditions For Granting: The board shall have the authority to authorize upon appeal in specific cases such variance from the terms of this title as will not be contrary to the public interest where, owing to the special conditions, a literal enforcement of the provisions of this title would result in unnecessary hardship. A variance from the terms of this title shall not be granted by the board of adjustment unless and until a written application for a variance is submitted demonstrating:
a. That special conditions and circumstances exist which are peculiar to the land, structure, or building involved and which are not applicable to other lands, structures, or buildings in the same district;
b. That literal interpretation of the provisions of this title would deprive the applicant of rights commonly enjoyed by other properties in the same district under the terms of this title;
c. That granting the variance requested will not confer on the applicant any special privilege that is denied by this title to other lands, structures, or buildings in the same district. No nonconforming use of neighboring lands, structures, or buildings in the same district, and no permitted use of lands, structures or buildings in other districts shall be considered grounds for the issuance of a variance; and
d. That the special conditions and circumstances do not result from the actions of the applicant.
2. Public Hearing; Findings Of Board:
a. Notice of public hearing shall be given as in subsection D2 of this section, and in accordance with the state of Iowa open meetings law 1 .
b. The public hearing shall be held. Any party may appear in person, or by agent or by attorney.
c. The board of adjustment shall further make a finding that the reasons set forth in the application justify the granting of the variance, and that the variance is the minimum variance that will make possible the reasonable use of the land, building, or structure.
d. The board of adjustment shall make findings that the requirements of subsection E1 of this section have been met by the applicant for a variance.
e. The board of adjustment shall further make a finding that the granting of the variance will be in harmony with the general purpose and intent of this title, and will not be injurious to the neighborhood, or otherwise detrimental to the public welfare.
f. The decision of the board shall be recorded in the official minutes of the board of adjustment meeting.
3. Prescribe Conditions And Safeguards; Violations: In granting any variance, the board of adjustment may prescribe appropriate conditions and safeguards in conformity with this title. Violations of such conditions and safeguards, when made a part of the terms under which the variance is granted, shall be deemed a violation of this title and punishable under section 10-3-8 of this title.
4. Board Restrictions: Under no circumstances shall the board of adjustment grant a variance to allow a use not permissible under the terms of this title in the district involved, or any use expressly or by implication prohibited by the terms of this title in said district. (Ord. 1994-92, 6-14-1994, eff. 6-14-1994)
Notes
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