§ 414.12 — Powers

Iowa § 414.12

• Jurisdiction: Iowa
• Title IX: LOCAL GOVERNMENT
• Ch. 414: CITY ZONING

Text

The board of adjustment shall have the following powers:
1. To hear and decide appeals where it is alleged there is error in any order, requirement,
decision, or determination made by an administrative official in the enforcement of this
chapter or of any ordinance adopted pursuant thereto.
2. To hear and decide special exceptions to the terms of the ordinance upon which such
board is required to pass under such ordinance.
3. To authorize upon appeal in specific cases such variance from the terms of the
ordinance as will not be contrary to the public interest, where owing to special conditions a
literal enforcement of the provisions of the ordinance will result in unnecessary hardship,
and so that the spirit of the ordinance shall be observed and substantial justice done.
4. To authorize on appeal, in specific cases, such variance from the terms of the
ordinance with respect to the area, dimensional, or other numerical limitations as will not
be contrary to the public interest, where owing to special conditions a literal enforcement
of the provisions of the ordinance will result in practical difficulties to the property owner
in making a beneficial use of the property allowed by the zoning ordinance, and so that the
spirit of the ordinance shall be observed and substantial justice done. Area, dimensional, or
other numerical limitations subject to variances include but are not limited to requirements
for minimum lot size, setbacks, yard widths, height, bulk, sidewalks, fencing, signage, and
off-street parking. To receive the requested area, dimensional, or other numerical variance,
the property owner must prove that the practical difficulties faced are unique to the property
at issue and not self-created and must also demonstrate that granting the variance will not
significantly alter the essential character of the surrounding neighborhood.

Legislative History

[C24, 27, 31, 35, 39, §6463; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §414.12]