(A) Board created. A Board of Adjustment is hereby established which shall consist of five members who are residents of the City of Urbandale. The terms of office of the members of the Board and the manner of their appointment shall be as provided by statue.
(B) Meetings. All meetings of the Board shall be open to the public. The presence of three members shall be necessary to constitute a quorum. The Board shall meet at such times that the Board may determine, or at the call of the Chairperson. Such Chairperson or, in the absence of the Chair, the acting Chair, may administer oaths and compel the attendance of witnesses. The Board shall keep minutes of its proceedings, showing the attendance of the members and the vote of each member on each question, and shall keep records of its findings of fact and other official actions, all of which shall be filed in the office of the Board in a timely manner and shall be a public record.
(C) Jurisdiction. The Board of Adjustment shall have the following powers:
(1) To hear and decide an appeal by a property owner where it is alleged that due to unique conditions a literal enforcement of the provisions of this or the Sign Code will result in unnecessary hardship; it can be shown any hardship is not self-created; that the spirit and intent of the Code will be served and substantial justice done by the granting of the appeal, and will not be contrary to the public interest and welfare; and that there is no reasonable alternative to the type and extent of relief that is being sought by said appeal;
(2) To hear and decide appeals for permits for conditional uses as listed in this Code for each zoning district; and
(3) To hear and decide an appeal from any person where it is alleged there is error in any order, requirement, decision or determination made by the Zoning Administrator in the enforcement of this Code or the Sign Code. Any such appeal shall be filed within ten days of the alleged error by the Zoning Administrator, by filing the appeal with the Zoning Administrator and with the Board, a notice of appeal specifying the grounds thereof. The Zoning Administrator shall forthwith transmit to the Board all of the documents and information that constitutes the complete record upon which the appeal is based.
(D) Effect of appeal. An appeal shall stay all proceedings in furtherance of the action appealed from, unless the Zoning Administrator certifies to the Board after the notice of appeal has been filed with him or her that by reason of facts stated in the certificate a stay would, in the Administrator’s opinion, cause imminent peril to life or property. In such case, proceedings shall not be stayed otherwise than by a restraining order which may be granted by the Board of Adjustment or by a court of record on application and notice to the Zoning Administrator.
(E) Fee for appeal. A fee shall be paid for each appeal at the time of filing in accordance with § 160.64.
(F) Notice for public hearing. The Board shall fix a reasonable time for the hearing on the appeal, and provide notice of the public hearing in accordance with the requirements of the Code of Iowa together with due notice to the parties in interest.
(G) Decision on appeal. An appellant may appear before the Board in person, or may be represented by legal counsel or an authorized agent. The Board shall decide each appeal in a diligent and timely manner. The Board may, in conformance with the provisions of law, grant an appeal from the provisions of this or the Sign Code; grant a conditional use permit in accordance with the provisions of this Code and any additional requirements or limitations that the Board may find to be necessary; and reverse or affirm, wholly or partly, or may modify the order, requirement, decision or determination of the Zoning Administrator that is 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 Zoning Administrator from whom the appeal is taken.
(H) Vote required. The affirmative vote of three members of the Board shall be necessary to reverse any order, requirement, decision or determination of any such administrative officer, or to decide in favor of the applicant on any matter upon which it is required to pass under any such Code or to effect any variance in such Code; provided, however, that the action of the Board, setting forth the full reason of its decision and the vote of each member participating therein, has been spread upon the minutes and a copy of said minutes has been received by the City Council. Such resolution, immediately following the Board’s final decision, shall be filed in the office of the Board and shall be open to public inspection. Every variance and exception granted or denied by the Board shall be supported by a written testimony or evidence submitted therewith.