Zoning Board of Adjustment
Board MembersLarry Meacham
Matt Hix Vacant Seat Vacant Seat Vacant Seat |
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About Us
The Zoning Board of Adjustment consists of five residents of the City of Perry with a five year term of office.
The Board of Adjustment shall have the following powers and duties:
1. Administrative Review. To hear and decide appeals where it is alleged there is error in any order, requirement, decision, or determination made by the Zoning/Building Official in the enforcement of this chapter.
A. Appeals to the Board may be taken by any person aggrieved, or by any officer, department, board or bureau of the City affected by any decision of the administrative officer. Such appeal shall be taken within ten days by filing with the Zoning/Building Official, and with the Board a notice of appeal specifying the grounds thereof. The Zoning/Building Official shall forthwith transmit to the Board all papers constituting the record upon which the action appealed from is taken.
B. The Board shall fix a reasonable time for the hearing of the appeal, and give not less than seven (7) days’ public notice thereof in a paper of general circulation in the City, and decide the same within 30 days. At said hearing, any party may appear in person, by agent or by attorney.
C. Stay of Proceedings. An appeal stays all proceedings in furtherance of the action appealed from, unless the Zoning/Building Official from whom the appeal is taken certifies to the Board of Adjustment after the Notice of Appeal is filed with the Zoning/Building Official, that by reason of facts stated in the certificate, a stay would, in the Zoning/Building Official’s opinion, cause imminent peril to life and property. In such case proceedings shall not be stayed other than by a restraining order which may be granted by the Board of Adjustment or by a court of record on application, on notice to the Zoning/Building Official from whom the appeal is taken and on due cause shown.
2. Special Exceptions: Conditions Governing Applications; Procedures. To hear and decide only such special exceptions as the Board of Adjustment is specifically authorized to pass on by the terms of this chapter; to decide such questions as are involved in determining whether special exceptions should be granted; and to grant special exceptions with such conditions and safeguards as are appropriate under this chapter, or to deny special exceptions when not in harmony with the purpose and intent of this chapter. A special exception shall not be granted by the Board of Adjustment unless and until:
A. A written application for a special exception is submitted indicating the section of this chapter under which the special exception is sought and stating the grounds on which it is requested;
B. The Board shall fix a reasonable time for the hearing of the special exception, and give not less than seven (7) days’ public notice thereof in a paper of general circulation in the City, and decide the same within 30 days. At said hearing, any party may appear in person, by agent or by attorney;
C. The public hearing shall be held. Any party may appear in person, or by agent or attorney;
D. The Board of Adjustment shall make a finding that it is empowered under the section of this chapter described in the application to grant the special exception, that the granting of the special exception will not adversely affect the public interest.
3. Variance, Conditions Governing Application; Procedures. To authorize upon appeal in specific cases such variance from the terms of this chapter as will not be contrary to the public interest, where, owing to special conditions, a literal enforcement of the provisions of this chapter would result in unnecessary hardship. A variance from the terms of this chapter shall not be granted by the Board of Adjustment unless and until:
A. A written application for a variance is submitted demonstrating:
(1) That special conditions and circumstances exist which are peculiar to land, structure, or building involved and which are not applicable to other lands, structures, or buildings in the same district;
(2) That literal interpretation of the provisions of this chapter would deprive the applicant of rights commonly enjoyed by other properties in the same district under the terms of this chapter;
(3) That the special conditions and circumstances do not result from the actions of the applicant;
(4) That 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 land, structures, or buildings in the same district, and no permitted or nonconforming use of land, structures, or buildings in other districts may be considered ground for the issuance of a variance.
B. The Board shall fix a reasonable time for the hearing of the variance, and give not less than seven (7) days’ public notice thereof in a paper of general circulation in the City and decide the same within 30 days. At said hearing, any party may appear in person, by agent or by attorney.
C. The public hearing shall be held. Any party may appear in person, or by agent or by attorney.
D. The Board of Adjustment shall make findings that requirements of Section 165.19 have been met by the applicant for a variance.
E. 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.
F. 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.
In granting any variance, the Board of Adjustment 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 this chapter. Under no circumstances shall the Board of Adjustment 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.
4. The concurring vote of three members of the Board shall be necessary to reverse any order, requirement, decision, or determination of the Zoning/Building Official, or to decide in favor of the applicant on any matter upon which it is required to pass under this chapter, or to effect any variation in the application of this chapter.
Any person or persons, or any board, taxpayer, department, board or bureau of the City, or other areas subject to this chapter aggrieved by any decision of the Board of Adjustment may seek review by a court of record of such decision, in the manner provided by the laws of the State and particularly by Chapter 414, Code of Iowa
The Board of Adjustment shall have the following powers and duties:
1. Administrative Review. To hear and decide appeals where it is alleged there is error in any order, requirement, decision, or determination made by the Zoning/Building Official in the enforcement of this chapter.
A. Appeals to the Board may be taken by any person aggrieved, or by any officer, department, board or bureau of the City affected by any decision of the administrative officer. Such appeal shall be taken within ten days by filing with the Zoning/Building Official, and with the Board a notice of appeal specifying the grounds thereof. The Zoning/Building Official shall forthwith transmit to the Board all papers constituting the record upon which the action appealed from is taken.
B. The Board shall fix a reasonable time for the hearing of the appeal, and give not less than seven (7) days’ public notice thereof in a paper of general circulation in the City, and decide the same within 30 days. At said hearing, any party may appear in person, by agent or by attorney.
C. Stay of Proceedings. An appeal stays all proceedings in furtherance of the action appealed from, unless the Zoning/Building Official from whom the appeal is taken certifies to the Board of Adjustment after the Notice of Appeal is filed with the Zoning/Building Official, that by reason of facts stated in the certificate, a stay would, in the Zoning/Building Official’s opinion, cause imminent peril to life and property. In such case proceedings shall not be stayed other than by a restraining order which may be granted by the Board of Adjustment or by a court of record on application, on notice to the Zoning/Building Official from whom the appeal is taken and on due cause shown.
2. Special Exceptions: Conditions Governing Applications; Procedures. To hear and decide only such special exceptions as the Board of Adjustment is specifically authorized to pass on by the terms of this chapter; to decide such questions as are involved in determining whether special exceptions should be granted; and to grant special exceptions with such conditions and safeguards as are appropriate under this chapter, or to deny special exceptions when not in harmony with the purpose and intent of this chapter. A special exception shall not be granted by the Board of Adjustment unless and until:
A. A written application for a special exception is submitted indicating the section of this chapter under which the special exception is sought and stating the grounds on which it is requested;
B. The Board shall fix a reasonable time for the hearing of the special exception, and give not less than seven (7) days’ public notice thereof in a paper of general circulation in the City, and decide the same within 30 days. At said hearing, any party may appear in person, by agent or by attorney;
C. The public hearing shall be held. Any party may appear in person, or by agent or attorney;
D. The Board of Adjustment shall make a finding that it is empowered under the section of this chapter described in the application to grant the special exception, that the granting of the special exception will not adversely affect the public interest.
3. Variance, Conditions Governing Application; Procedures. To authorize upon appeal in specific cases such variance from the terms of this chapter as will not be contrary to the public interest, where, owing to special conditions, a literal enforcement of the provisions of this chapter would result in unnecessary hardship. A variance from the terms of this chapter shall not be granted by the Board of Adjustment unless and until:
A. A written application for a variance is submitted demonstrating:
(1) That special conditions and circumstances exist which are peculiar to land, structure, or building involved and which are not applicable to other lands, structures, or buildings in the same district;
(2) That literal interpretation of the provisions of this chapter would deprive the applicant of rights commonly enjoyed by other properties in the same district under the terms of this chapter;
(3) That the special conditions and circumstances do not result from the actions of the applicant;
(4) That 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 land, structures, or buildings in the same district, and no permitted or nonconforming use of land, structures, or buildings in other districts may be considered ground for the issuance of a variance.
B. The Board shall fix a reasonable time for the hearing of the variance, and give not less than seven (7) days’ public notice thereof in a paper of general circulation in the City and decide the same within 30 days. At said hearing, any party may appear in person, by agent or by attorney.
C. The public hearing shall be held. Any party may appear in person, or by agent or by attorney.
D. The Board of Adjustment shall make findings that requirements of Section 165.19 have been met by the applicant for a variance.
E. 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.
F. 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.
In granting any variance, the Board of Adjustment 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 this chapter. Under no circumstances shall the Board of Adjustment 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.
4. The concurring vote of three members of the Board shall be necessary to reverse any order, requirement, decision, or determination of the Zoning/Building Official, or to decide in favor of the applicant on any matter upon which it is required to pass under this chapter, or to effect any variation in the application of this chapter.
Any person or persons, or any board, taxpayer, department, board or bureau of the City, or other areas subject to this chapter aggrieved by any decision of the Board of Adjustment may seek review by a court of record of such decision, in the manner provided by the laws of the State and particularly by Chapter 414, Code of Iowa
Meetings
The third Tuesday of the Month at 5:00 P.M.