The Board shall have the following powers and it shall be its duty:
A. Hear And Decide Appeals: To hear and decide appeals of interpretation where it is alleged there is an error in any order, requirement, decision, or determination made by the Zoning Administrator in the enforcement of this Title or of any supplement or amendment. (Ord. 5-81, 9-1-1981)
1. Appeals of interpretation may be taken by any person, or by any officer, department, board or commission of the City aggrieved by such interpretation. Once notified in writing of the decision and its justification, the aggrieved party has thirty (30) days to appeal to the Board by filling out the appeal form in the Department of Zoning and Building. Said appeal shall specify the grounds for appeal. The Zoning Administrator shall forward the appeal and all related papers which constitute the record upon which the appeal was taken to the Board of Adjustment. (Ord. 5-81, 9-1-1981; amd. 1998 Code)
2. Appeals to interpretation may relate to zoning district boundary line location, the use of the building or premises, the applicability of zoning standards to the specific site, and other similar matters.
B. Application For Special Exception; Hearing: To hear and decide on applications for special exceptions as provided for the zoning districts in this Title.
1. Applications for special exceptions shall be to the Board through the Department of Zoning and Building on the application form provided. Additionally, the applicant will provide a site plan and a written explanation of the proposed special use which describes when it will be started and completed, how it will operate, how it will satisfy a need for such a use in that particular location. The Zoning Administrator shall forward the application and all related papers to the Board for their review decision.
2. Before the issuance of a special exception permit, the Board will hold a public hearing and shall determine that the granting of a special exception will not adversely affect the public interest.
3. The Board may place reasonable conditions on the special exception as necessary to protect the character of the neighborhood, to maintain the spirit and intent of this Title.
C. Authorize Variances: To authorize, upon appeal, such variances from the terms of this Title where because of unusual circumstances, a literal enforcement of the provisions of this Title will result in unnecessary hardship, and so that the spirit of this Title be observed and substantial justice done.
1. Appeals for a variance may be made by the landowner, potential buyer or developer or operator/manager of land, who has applied for a building permit and been denied because the proposed development does not comply with the specific regulations of this Title. The same appeals process is required for previously constructed structures which were built in violation of this Title. The applicant has fifteen (15) days from building permit denial to appeal to the Board by completing the appeal form in the Department of Zoning and Building. Said appeal should state the specific variance requested and the reasons for which the appeal should be granted. The Zoning Administrator shall forward the appeal and all related papers, which constitute the records upon which this appeal was taken, to the Board of Adjustment.
2. Before deciding on the variance appeal, the Board will hold a public hearing and shall determine if one of the three (3) following instances has occurred: (Ord. 5-81, 9-1-1981)
a. When a building being occupied by a nonconforming use has been destroyed or damaged to more than sixty five percent (65%) of its current market value by fire, act of God, explosion, or riot, the Board may permit the reconstruction of such a building, when it is conclusively shown that the public needs require a continuation of the nonconforming uses, and that such continuation would not primarily permit a continuation of a monopoly. (Ord. 5-81, 9-1-1981; amd. 1998 Code)
b. When because of an exceptional situation, topographical condition, surroundings, size, shape or other condition of a specific piece of property of record, the strict application of any provision of this Title would result in peculiar and exceptional practical difficulties or particular hardship upon the owner of such property and amount to a practical confiscation, the Board may vary the application of the regulations imposed by this Title subject to the restrictions in the following paragraphs.
c. When the applicant for a variance can show that the hardship is a compelling force and not a perceived one, the hardship was created by the provisions of this Title and not the applicant, and the strict application of the provisions of this Title precludes its use for any purpose to which the land is reasonably adapted.
3. No variation in the application of the provisions of this Title shall be made in the instances specified above unless and until the Board shall be satisfied that granting the variance will not:
a. Merely serve as a convenience to the applicant and is not necessary to alleviate demonstrable hardship or difficulty so great as to warrant the variance.
b. Impair the general purpose and intent of the Development Plan as established by the regulations and provisions contained in this Title.
c. Impair an adequate supply of light and air to adjacent property.
d. Increase the hazard from fire and other danger to said property. (Ord. 5-81, 9-1-1981)
e. Diminish the value of land and buildings elsewhere in the City.
f. Increase the congestion and traffic hazards on public roads.
g. Otherwise impair the public health, safety, and general welfare of the inhabitants of the City. (Ord. 5-81, 9-1-1981; amd. 1998 Code)
h. Result in increased flood heights, cause extraordinary public expense, or create nuisances, as determined by the Iowa Natural Resources Council.
i. Exceed the minimum variance necessary to afford relief considering the flood hazard, as determined by the Iowa Natural Resources Council. (Ord. 5-81, 9-1-1981)