City of Clarion, Iowa

The Board of Adjustment consists of five members appointed by the Council for five-year terms. The Board hears and decides appeals where it is alleged that there is error in any order, requirement, decision, or determination made by the enforcement of Zoning Regulations.  The Board also authorizes upon appeal in specific cases a Variance according to Chapter 165 of the Code of Ordinances (Zoning Regulations) as will not be contrary to the public interest where, owing to the special conditions, a literal enforcement of the provisions of Chapter 165 would result in unnecessary hardship.

 

A variance shall not be granted by the Board of Adjustment unless and until:

• A written application for a variance is submitted demonstrating: (1) 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; (2) Literal interpretation of the provisions of Chapter 165 would deprive the applicant of rights commonly enjoyed by other properties in the same district under the terms of this chapter; (3) The special conditions and circumstances do not result from the actions of the applicant; (4) Granting the variance requested will not confer on the applicant any special privilege that is denied by this chapter 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 land, structures or buildings in other districts shall be considered grounds for the issuance of a variance.

• A public hearing shall be held, with the notice of such hearing being provided according to State statute.  If feasible, notice of the public hearing shall be mailed to property owners within 200 feet of the proposed variance.

• 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.

• 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 chapter, and will not be injurious to the neighborhood, or otherwise detrimental to the public welfare.

• The application for a variance shall be accompanied by a fee to be determined by resolution of the Council.

• In granting any variance, the Board of Adjustment may prescribe appropriate conditions and safeguards in conformity with this chapter. 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 chapter.

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In exercising the above mentioned powers, the Board of Adjustment may, so long as such action is in conformity with the terms of Chapter 165, reverse or affirm, wholly or partly, or may modify the order, requirements, decision, or determination as ought to be made and to that end shall have powers of the Administrative Officer from whom the appeal is taken. The concurring vote of three (3) members of the Board shall be necessary to reverse any order, requirement, decision, or determination of the Administrative Officer, or to decide in favor of the applicant on any matter upon which it is required to pass under Chapter 165, or to affect any variation in application of this chapter.

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Appeals from the Board of Adjustment.  Any person, board, taxpayer, department, or bureau of the community aggrieved by any decision of the Board of Adjustment may seek review of such decision of the Board of Adjustment by a court of record in the manner provided by Chapter 414, Code of Iowa.  The Council may vote to delay a decision of the Board of Adjustment for a 30-day period, but such vote may not overrule a decision of the Board of Adjustment.  During the 30-day delay the Board of Adjustment may – or may not – review its previous decision.