17.35.040 Board of adjustment – Powers and duties.
The board shall have the following powers and duties:
(1) Appeals. 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 enforcement of this chapter and to decide on matters pertaining to district boundaries.
(2) Variance. To grant a variation from the terms of this chapter when a property owner can show that his property was acquired in good faith and where by reason of exceptional narrowness, shallowness, or shape of a specific piece of property, or where by reason of exceptional topographical conditions or other extraordinary or exceptional situation, the strict application of the terms of this chapter actually prohibits the use of his property in the same district, and where the board is satisfied under the evidence before it that a literal enforcement of the provisions of this chapter would result in unnecessary hardship; provided, however, that all variations granted under this clause shall be in harmony with the general purpose and intent of this chapter.
In granting any variance, the board may prescribe appropriate conditions and safeguards in conformity with this chapter. Violation 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 chapter and punishable under IGCC 17.35.100.
Under no circumstances shall the board grant a variance to allow a use not permissible under the terms of this chapter in the district involved, or any use expressly or by implication prohibited by the terms of this chapter in said district.
(3) Special Exceptions. To permit exceptions to the district regulations set forth in this chapter, provided all exceptions shall by their design, construction and operation adequately safeguard the health, safety and welfare of the occupants of adjoining and surrounding property, shall not impair an adequate supply of light and air to adjacent property, shall not increase congestion in the public streets, shall not increase public danger of fire and safety, and shall not diminish or impair established property values in surrounding areas.
(4) Other. To decide on such matters as may be required by other sections of this chapter.
(5) Special Flood Management Provisions. In instances of special uses, appeals or variances located within the floodplain of Ida Grove, the board of adjustment shall follow provisions within Chapter 17.40 IGCC.
(6) Application for Variance. Persons applying for a variance shall submit a signed application to the city clerk’s office, accompanied by a fee of $75.00. Applications shall be submitted on forms obtained from the city clerk’s office.
(7) No special use permit shall be granted by the board of adjustment unless such board shall find:
(a) That the establishment, maintenance, or operation of the special use will not be detrimental to or endanger the public health, safety, morals, comfort, or general welfare of the community.
(b) That the special use will not be injurious to the use and enjoyment of other property in the immediate vicinity for the purpose already permitted, nor substantially diminish and impair property values within the neighborhood.
(c) That the establishment of the special use will not impede the normal and orderly development in improvement of the surrounding property for uses permitted in the district.
(d) That adequate utilities, access roads, drainage, and/or necessary facilities have been or are being provided.
(e) That adequate measures have been or will be taken to provide ingress and egress so designed as to minimize traffic congestion in the public streets.
(f) The use shall not include any activity involving the use or storage of flammable or explosive material unless protected by adequate firefighting and fire suppression equipment and by such safety devices as are normally used in the handling of any such material.
(g) The use shall not include noise which is objectionable due to volume, frequency, or beat unless muffled or otherwise controlled.
(h) The use shall not include vibration which is discernible without instruments on any adjoining lot or property.
(i) The use shall not involve any malodorous gas or matter which is discernible on any adjoining lot or property.
(j) The use shall not involve any pollution of the air by fly-ash, dust vapors or other substance which is harmful to health, animals, vegetation or other property or which can cause soiling, discomfort, or irritation.
(k) The use shall not involve any direct or reflected glare which is visible from any adjoining property or from any public street, road or highway.
(l) The use shall not involve any activity substantially increasing the movement of traffic on public streets unless procedures are instituted to limit traffic hazards and congestion.
(m) The use shall not involve any activity substantially increasing the burden on any public utilities or facilities unless provisions are made for any necessary adjustments. [Ord. 606, 2022; Ord. 497 § 2, 2004; Ord. 401 § 1, 1987; Code 1975 §§ 6-5.0405, 6-5.0704.]