1. Establishment. A Board of Adjustment is hereby established. The Board shall consist of seven (7) regular members unless additional members are added per Iowa Code Chapter 414 relating to extraterritorial jurisdiction. Each member shall be appointed by the City Council for terms as provided by Chapter 414, Code of Iowa and is removable for cause by the City Council upon written charges and after public hearings. Vacancies shall be filled for the unexpired term of any member whose term becomes vacant. The Board of Adjustment shall adopt rules and regulations as authorized or required by this chapter and the Code of Iowa. Meetings shall be held at the call of the Chairperson and at such other times as the Board may determine. Such Chairperson, or in his/her absence, the acting Chairperson, may administer oaths and compel the attendance of witnesses. All meetings and records shall be open to the public. The Board shall keep minutes of its proceedings, showing the vote of each member upon each question, or, if absent or failing to vote, indicating such fact. The Board shall keep a record of its examinations and other official actions, all of which shall be immediately filed in the office of the Zoning Administrator and shall be a public record. The presence of a majority of the entire Board shall constitute a quorum for the transaction of business.
2. Procedure for Appeals.
A. Appeals shall be made to the Board of Adjustment through the office of the Zoning Administrator in written form as determined by the Zoning Administrator. The Board shall fix a reasonable time for the hearing of the appeal and shall decide the appeal within thirty (30) days of the date of the public hearing. An appeal stays all proceedings in furtherance of the action, unless the Zoning Administrator certifies to the Board that by reason of the facts stated in the certificate, a stay would, in his/her opinion, cause imminent peril to life or property.
B. Notices. The Zoning Administrator shall provide a notice of a public hearing on any question before it by publication in a newspaper of general circulation in the City of Pella at least ten (10) days before and no more than twenty (20) days before the date of public hearing. The Zoning Administrator shall post an agenda in City Hall and at the location of the meeting prior to the Board of Adjustment meeting. The Zoning Administrator shall attempt to notify adjacent property owners within 200 feet of the property in question by mail prior to the Board of Adjustment meeting. Failure to notify 100% of all adjacent property owners shall not stop Board of Adjustment from considering the application request or acting on the petition.
C. Upon the public hearing, any party may appear in person or by agent or attorney. The concurring vote of a majority of the entire board shall be necessary to reverse any order, requirement, decision or determination of the Zoning Administrator, or to decide in favor of the appellant on any matter upon which it is required to pass under this Zoning Ordinance, or to effect any variation in such Zoning Ordinance.
D. An appeal stays all proceedings in furtherance of the action appealed from, unless the Zoning Administrator certifies to the Board that a stay would, in his/her opinion, cause imminent danger to life, property, or the public safety. In such a case, the proceedings shall be stayed only by a restraining order granted by the Board or by a court of record on application, on notice to the Zoning Administrator.
E. The processing of special use permits shall follow the same procedures for hearings and public notification as variance or administrative review appeals.
(Ord. 628 – Sep. 03 Supp.)