Boards & CommissionsVACANCIES AND APPLICATIONS FOR CITY OF DUBUQUE
BOARDS AND COMMISSIONS
For Council MeetinR of Monday, March 17, 2003
6:30 P.M. Public Library Auditorium
APPOINTMENTS TO THE FOLLOWING COMMISSIONS
HISTORIC PRESERVATION COMMISSION
1 Unexpired three year term which will expire 7 1 05 (Old Main - Vacant)
1 Unexpired three year term which will expire 7 1 04 (Jackson Park - was S. Guinn)
2 VACANCIES
APPLICANT:
Jackson Park
Mary Loney Bichell, 1106 Grove Terrace
HOUSING COMMISSION
1 Unexpired Three-Year Term which will expire 8 17 04 (vacant, was Henning)
1 VACANCY
APPLICANT:
Joseph Suarez, 900 Tressa St.
ZONING BOARD OF ADJUSTMENT
1 Five Year Term which will expire 3 25 08 (Term of Urell)
1 VACANCY
APPLICANT:
Jim Urell, 889 Mt. Carmel Road
CITY OF DUBUQUE BOARDS AND COMMISSIONS
* Denotes Chaitpemon
For [nfermafion: 589-~120
Revised 3 4 03
Meet 0rd Monday 4:00 p.m - Airport ADVISORY COMMISSION - 2 Yr. Term COMMISSION, Meets 2rd Wed., ? p.m., Lib.
TeN Goodmann 09-14-04 Meet 1st Tues. 4:00 p.m. cgy Hall Annex Roy D. Buet (Council Member) 07-01-03
John Markham (Councit Member) 01-15-04 Michae[Hirsch (Youth) 06-01-03 TerryDuggan (Att. C. Member) (}7-01-03
Douglas Brotherton 09-14-00 Andrea B~xler 10-01.03 Richard Stein 07-0f-03
AIRPORT ZONING COMMISSION t John Nemmers 10-01-04 Charles Winterwood, MD 07-01-04
BOARD OF APPEALS - BUILDING CODE t 18(}5 CeetTal * Chuck Duggan (}6-30-{)3
CIVIC CENTER COMMISSION
Appt. 3 Yr. Term - Meet 4:30 p.m.
3rd Monday at Five Flags
Gary P. Dolphin 06-29-03
Cynthia A. Fuller 06-29-03
*Mark M. Nauman 06-29-04
Michaet Brannon 06-29-04
Rod Bakke 06-29-04
CrV[L SERVICE COMMISSION I
A~pt. 4 Yr. Term - Meet on Ca~I
Richard Wertsberger (}4-06-04
*Merle J. Duehr, Jr. 04-06-05
Loras Kluesner 04-06-06
COMMUNITY DEVELOPMENT
ADVISORY COMMISSION
Meet 2~ Wednesday, 7 P.M, at St. Mark's
Jim Giesen (At Large) 02-15-04
(C. Tr, 3) 02-15-04
Paula Ma[oy SVM (C. Tr. 1 o) 02-15-04
(C. Tr. 2) 02-15-05
Harry Neustadt (Housing) 02-15-05
(C. Tr. 5) 02-15-05
* Walter Pregler (At. !.~rge) 02-1
Thomas Wainwright (At Large) 02-15-06
Charles ]senhart (Cs. Tr. 1) 02-15-06
t ELECTRICAL CODE BOARD
3 Year Terrn; Meet Ever~ 3 Moeths I
*James Dixon (E[ec. Con.) 05.21-05
Dan Hammel (Jour/Maint) 05-21-05
3 Year Term Meet On Ca(}
Doug Buswel[ (At Large) 2-15-03
Dan LoBianco (At Large) 2-15-00
Doug St(}lings (At Large) 2-15-03
Andrea Muntz 0Norkforce Ctr.) 2-15-04
*Rick Stein (Long Range Comm) 2-15-04
Dave Baker (Int'E Labor) 2-15-{)4
Mike Van Mi(}igen (Council Rep) 2-15-05
Daniel White (N]CC) 2-15-05
Ke(}ey Deubneyer (IDED} 2-15-05
John J. Plein (Sec. 8) 00-17-03
Dorothy Culbe~son 00-17-03
Jim Holz 08.17-03
Danita L. Grant 08-17-03
Char Eddy 08.17-04
{)8-17-04
* David J. Kapler 08-17-04
Harry Neustadt 08-17-05
William D. HeIling 00.t7-05
Thomas P. Swift [I 08-17-05
ITerm' Meet Bim°nthly' 2nd Thurs' Library' I
~V CABLE REGULATORY COMMISSION
3 Yr, Term, Meets 2nd Wed. 5:30 Annex
06-30-{)3
Jennifer L. Tigges 06-30-{)3
Paul R, Kohl {}6-30-04
Daniel B. WTlant 06-0O-05
Burton Everist 06-30-05
Sr. Carol Hoverman 06-30-05
INVESTMENT OVERSIGNT ADVISORY [ ZONING ADVISORY COMMISSION ~
COMMISSION - 3 Yr. Term Meet QtHy I 3 Yr. Term, Meets 1st Wed. 6:3(} Libra~
4 h Thursday 3:30 P.M. City Hail Conf. Rm A Stephen Hardie 07-01-03
*Paul Lassance 07-01-03 Ben Roush (}7-01-03
Hiram Melendez 07-01-03 * Eugene J. Bird, Jr. (}7-01-04
Gary Ruden 07-01-04 Jeff SEies 07-01-04
Stephen V. Reisdorf 07-0t-04 Martha E. Christ 07-01-05
Charles Spielman 07-0t-05 Richard J. Schiitz 07-01-05
LIBRARY BOARD OF TRUSTEES I Ron Smith 07-01-05
4 Yr. Term, Meets 4th Thurs. 4:00 - Librar~ I
I ZONING BOARD OF ADJUSTMENT
5 Yr. Term; Meet 4th Thurs. Library I
Sue
Lindsay
07-01-03
4/7/95 Dock Bd. Deleted
CITY OF DUBUQUE, IOWA
BOARD COMMISSION APPLICATION FORM
Individuals serving on Boards and Commissions play an important role in advising the Council
on matters of interest to our community and its future.
The City Clerk's Office, City Hall, accepts applications for any Board and/or Commission at any time, and that
application stays active for one year from the date of receipt in the Clerk's Office.
At the appropriate regularly scheduled council meeting, applications will be submitted to the City Council for
their review and applicants are encouraged to address the Council stating their reasons for wanting to serve on
this particular commission. Applicants will be advised when the application is being presented. Appointment(s)
will be made at a later meeting. Applicants will be notified as to the outcome of the Council's action. If not
appointed at that time: this app!icatlon will continue to be resubmitted, as needed, as long as the applif:ation is
active (unless the apphcant advises they are no longer interested). / .~' .... ~ ~.~.~ ~_/~ )
DATE: ~.)/ lc~.[I/'~'~
ADVISORY BOARD/COMMISSION APPLYING FOR:
BUSINESS: iAs~)~L)4~.,J,~ '~i.~,W~j,~.,'ADDRESS.
OCCUPATION: "~(~.~J,.~.~.S "~'VI~L~///' POSITION WITH COMPANY.
HOMEPHONE: ~-~:~'"7~.~' u BUSINESS PHONE: ~'-~'~ .,~L~'~
O EXPERIENCE, EDUCATION AND TI~INJNG WHICH ¥OUEEEL QU~ALIFY YOU FOR THIS BOARD/
WHAT CONTRIBUTIONS D~O YOU FEEL YOU CAN MAKE TO THIS ADVISORY, BOARD CDR STATE REASON
LIST TWO REFERENCES:
Specific attention should be directed to possible conflict of interest. For ~urther clarification, if a situation
arises, contact the appropriate Staff personnel or Legal Staff.
Are you currently serving on a City Board or Commission: ¥"~j~'~
If questions, con,ct the ~ Clerk's Office, ~ Hall, 13th & Central, Dubuque, IA 5200~_ C~
~Phone: 58~120, ALL N~ WILL BE DROPPED FROM THE LIST A~ER A ONE Y~R ~D.
t7: .i~-T 0 ?.l C PM-= ~EP. VA.TIO ~
Ir-~eg~H.'.~: The ori~n~l, unaltered or
altered ap~ of a ~e, si~e or
wh~ ~-u ~ a whole.
~ d~ h~. ~ ~ ~y of p~-
~ due ~ i~ ~ ~ue
~Mc e~t hms o~, ~d w~
~g ~ of ~e p~m{g~ on w~ ~e
~ ap~ or ~or f~ ora
ible from ~e public ~y ~d for w~ a ~-
la~ p~ ~ ~q~ for ~p~ce ~th
pH~le Io~ ~d~, ~du~g, but not
-f~on or o~er s~ fea~ of
(2) ~on or r~ns~on; or
(3) ~oH~on; or
(4) ~y ~on ~ ~e she, lo~on or
~ of ~y ~ on ~e p~; or
(5) ~y ~x~on on p~pe~ or ~e de~
of~y w~te, f~ or o~ ~i~ on
For indls~dual historic d2sLrlc~s,/:Ae delhi.
Lion of "rna~_rinl change in appearance"
may he expanded to include addiLional
LiwiLies for whlch a cer~iScate of appropri-
at~ne:~ i~ requ/red. Such addiL/onal
i~ie~ shall b~ dali~e~ted in fhe
designating- an inddv/dual dlsLric/ or by
a~nending the diskr£ct dealg-aat, ing ordi-
namce, in the mase ora di~L~lc~ tha+. has been
previously dealgnmatetL
Owner o~r~cor~- Amy person, firm, corporation
or other leg~ en~i~y ~ as owner on ~he retards
of the County Recorder of DUbuque Coumfy.
~gu~d permit-Am offieq~ docnment or cer-
tiScate/zsued by the buitd{~g o~,.
neet or other o~ of ~he d~y pt~rsu~n~ ~o pr~
~q. slonz of the building code or o~her o~N'~'onlm or
reg~,~on, and which authorized ~he
of a specified ~vi~y.
P.~a~r: Any ~h..~ which does
building permit, ~.~ Which is n~
r~-~val or demoti~m_
S~/~ In a buildi~ or ~-acs~ure.
~h~p of flae vertical, horizontal and volmne mea-
sua~men~s; t2ae rel-~onskip of ~2ae ~ to one
an~. er w~h;~ a huflS;ng, or struc~ or in com,
patroon ~o other buitdi%~s or s~ructm~s
Sf. rz~c."ure: Any~hing construc*~ed or ~ the
use cf which require~ a perm~uent or
Ioc~fion on or in the groumd, inc~uM~ bu~: not
U~ted to, the fo]lowing: buildings, fence, ga-
zebus, adver~g signs, billboards, back~ops for
cinding supporting ~wers, and sw~m~g pools.
(Ord. No. 46-90, § 1, 5-21-90}
Sec- 25-3. ]:r;,~torlc preserva//on com,-~;~:ion
~e~ membe~p; ie~t of
(a) The h~iorlc pr~e~a~on ~;~ion
h~by ee~li~hed ~d sh~ ~n~;~ of ~v~,
m~be~ who sh=H ~ r~id~ of ~e d~.
· ) ~embe~ of ihe co~;~on s~ be ap-
po~d by ~e d~ ~ ~ foHo~: One
dent f~m ~ d~t~ ~c P~on
l~h~; ~ two ~) a~ ~ m~. ~ m~r
or ~ter~t ~ ~e, ~, ~,
z~on m~r sh~ll ~ a H~ ~.
1513
CITY OF DUBUQUE, IOWA
BOARD/COMMISSION APPLICATION FORM
Individuals serving on Boards and Commissions play an important role in advising the Council
on matters of interest to our community and its future.
The City Clerk's Office, City Hall, accepts applications for any Board and/or Commission at any time, and
that application'stays active for one year from the date of receipt in the Clerk's Office.
At the appropriate regularly scheduled council meeting, applications will be submitted to the City Council
for their review and applicants are encouraged to address the Council stating their reasons for wanting to
serve on this particular commission. Applicants will be advised when the application is being presented.
Appointment(s) will be made at a later meeting. Applicants will be notified as to the outcome of tile
Council's action. If not appointed at that time, this application will continue to be resubmitted, as
needed, as Iong~ as the application is active (unless the applicant advises they are no longer interested).
ADVISORY BI~AR~/COMMISSlON APPLYING FO'R: ~ ~',.~.%C\,,c~ C ~,, ~ GS ~ ~,
HOMEPHONE: ~3 ~C~ 0~ BUSINESS PHONE: ~ ~ ~JO
EXPERIENCE, EDUCAT~O~D TRAINING ~[CH YOU FEEL QUALI~ YOU FOR THIS BOARD/
COMMISSION: ~ ~ ~ ~'~ ~ ~~ ~ ~ ~ ~
WHAT CONTRIBUTIONS DO Y~FE~ YOU CA~ ~AKE Tg THIS ADVI~R~BOARD (OR STATE[
R~SON FOR APPLYING) ~ ~ '~ ~ ~ ~~ ~
LIST TWO REFERENCES:
.AME:
Specific attention should be directed to possible conflict of interest. For further clarifi~tio~f a situation
arises, contact the appropriate Staff personnel or Legal Staff.
Are you currently se~ing on a City Board or Commission: [~ m
If questions, conta~ the City Clerk's Office, City Hall, 13th & Central, Dubuque, I~01
Phone: 589-4120; AL~ NAMES WILL BE DROPPED FROM THE LIST A~ER A ON~Y~R
SIGNATURE
§ 15-22
to educate citizens of the availability of
Federal, State and locally funded hous-
ing assistance program~;
(10) To assist in the preparation of the hous-
Lug element o$ the City Comprehensive
Plan and the annual Consolidated Plan;
(11) To offer comment, as appropriate, on the
consistency of proposed housing develop-
merit with the Comprehensive Plan,
Consolidated Plan and existing City
housing strategies.
(b)Any proposed low-rent housing project
shah be subject to specific approval by the City
Council and auy project requiring a referendum
as provided in chapter 403A of the 1979 Code of
Iowa shall be submitted to the voters o£ the
City in accordance wlth such chapter.
(c) The Housing Commission shall monitor
the CiLy'a housing program and conduct hear-
Lugs on grievances which arise out of the opera-
tion of such program except in the area of hous-
ing code enforcement.
DUBUQUE CODE ~~
(c) Vacancy caused by death, resignation or
otherwise on the Commission shall be promptly
filled by the City Council for the Unexpired
term of office.
(d) At least three (3) members of the Commis-
sion shall be selected specifically on the basis of
experience in real estate development, banking,
finance, accounting, funds management or other
related axeas of expertise. ~
(e) One member of the Cornr,~.~on shall he a
person who is a recipient of tenant-based rental
assistance under section 8 of the United States
Housing .Act of 1937 (42 USC 1437f) whose
name appears on a lease of section 8 property
and who is eighteen (18) years of age or older. If
such member ceases to be a recipient of rental
assistance under section 8, the term of such
~member shall be deemed terminated and a new
member who meets the reeuirements of this
subsection (e) shall be appointed for the we-
· ~ainder of the term. (Ord. 53-92~ '~ 2,
7-20-1992; Ord. 69-92, § 1, 9-8-1992; Ord. 28-00,
§§ 1, 2, 3-20-2000)
(d) The Housing Commission shall undertake
such additional duties, with regard to the Hous-
ing Trust Fund, as are specified in Chapter 26,
Article III of this Code. (1976 Code, § 11'/~-77;
Ord. 53-92, § 1, 7-20-1992; Ord. 47-96, § 1,
10-7-1996)
Sec. 15-23. Membership; Vacancies; Quali-
fications:
(a) The Housing Commission shall be com-
prised of a membership of ten (10) persons.
(b) Current commissioners whose terms ex-
pire August 17, 1993, shall continue to serve
until such time, or until a successor is ~uly
appointed. Three (3) commissioners shall be
appointed for an initial term of two (2) years,
and three (3) commissioners shall be appointed
for an initial term of three (3) years. All subse-
quent appointments shell be for a term of three
(3) years, or until a successor is duly appointed.
Sec. 15-24. Meetings:
(a) The Housing Commission shall hold at
least one official meeting per month.
(b) Members of the Commission shall attend
at least two-thirds (~/~) of all regularly sched-
uled and held meetings within a twelve (12)
month period. If any member does not attend
such a prescribed number of meetings, it shall
constitute grounds for the Commission to rec-
ommend to the City Council that said member
be replaced. The attendance of all members
shall be entered upon the minutes of all meet-
ings.
(c) All meetings shall be held in conformance
with the provisions of the Iowa Open Meetings
(d) The Housing Commission shall file with
the City Council a copy of the minutes of each
regular and special meethng of the Commission
Supp. No. 45 940
CITY OF DUBUQUE, IOWA
BOARD/COMMISSION APPLICATION FORM
Individuals serving on Boards and Commissions play an important role in advising the Council
on matters of interest to our community and its future.
The City Clerk's Office, City Hail, accepts applications for any Board and/or Commission at any time, and that
application stays active for one year from the date of receipt in the Clerk's Office.
At the appropriate regularly scheduled council meeting, applications will be submitted to the City Council for
their review and applicants are encouraged to address the Council stating their reasons for wanting to serwe on
this particular commission. Applicants will be advised when the application is being presented. Appointn~ent(s)
will be made at a later meeting. Applicants will be notified as to the outcome of the Council's action. If not
appointed at that time, this application will continue to be resubmitted, as needed, as long as the application is
active (unless the applicant advises they are no longer interested).
ADVISORY BOARD/COMMISSION APPLYING FOR:
NAME~ ~'~4~L~ ADDRESS:
BUSINESS: ~('?~'~'~'~'~.~.qe~.~-r~ ADDRESS: ~ ~~_ ~ .~
~CUPATION: ~~ POSITION WITH C~PANY: ~~~
HOME PHON~ ~. ~. ~ BUSINGS PHON~ ~. ~. ~ T~
~ ~PERIENCE~ EDUCTION AND T~INING WHICH YO~ FEEL QUALIFY YOU FOR THIS BOARD/
WHAT CONTRIBUTIONS DO YOU FEEL YOU CAN MAK~ TO THIS ADVISORY BOARD (OR STATE REASON
FOR APPLYING) -~'~-'~ .7- .7- .7- .7- .7- .7-~ /'""~'~'~//c~:~
LIST TWO REFERENCES:
NAME ~L~l~
ADDRESS: _~_~c~
Specific attention should be directed to po~ible conflict of interest. For further clarification, if a situation
arises, contact the appropriate Staff personnel or Legal Staff.
Are you currently serving on a City Board or Commission:
Ifquestlons, contact the C' Clerk's Office. C' H L13th&
~. ity . ity 4~1, Central, Dubuque, IA 5200~_ :~. ·
rnone: 589-4120; RiLL NA/~.S WILL BE D~OPPEI~:ROM ~THE LIST AFTER A ONE YEAR~IOD~
CITY
3032
414.4 Zoning refuIafions, district bounda-
ries. amendments.
The council of the cl:y shall provide for the man-
ner in which the regulations and restrictions amd the
boundaries of the districts shall be determined, es-
tablished, and enforced, and from time to time
amended, supplemented, or changed. However, the
regulation, restriction, or boundary shaJl not become
effective until a~er a public hearing at whlch pad-ties
in interest amd citizens shall have an opportunity to
be heard. The notice of the time and place of the
hearing shall be published as provided in seceion
362.3, except that at lease seven days notice must be
given amd in no case shall the public hearing be held
earlier than the next regularly scheduled city councL!
meeting following the published notice.
[C24, 27, 31, 35, 39. §6455; C45, 50, 54, 58, 62.66,
71, 73, 75, 77, 79. 81, §414.4]
84 Acts, ch 1018, §I
414.5 Changes-- protest.
The regulations, restrictions, and boundaries may.
from ~ime to time, be amended, supplemented,
changed, modified, or repealed. Notwithstanding
section 414.2, as a par~ of an ordinance changing
land from one zoning district to another zoning dis-
trict or an ordinance approving a site development
plan, a council may impose conditions on a property
owner which are in addition to existing raguiations
if the additional conditions have been agreed to in
writing by the property owner before the public hear-
ing required under this section or any adjournment
of the hearing. The conditions must be reasonable
and imposed to satisfy public needs which aze direct-
ly caused by the requested change. In case, however,
ora ~vitten protest against a change or repeal which
is filed with the city clerk and signed by Se owners
of twenty percent or more of the area of the lots in-
cluded in the proposed change or repeal, or by the
owners of twenty percent or more of the property
which is located ~thin two hundred feet of the exte-
rior boundaries of the property for which the change
or repeal is proposed, the change or repeal shall not
become effective except by the favorable vote of at
least three-fourths of all the members of the council.
The protest, if filed, must be filed before or at the
public hearing. The provisions of section 414.4 rela-
tive to public hearings and official notice apply
equally to ail changes or amendments.
[C24, 27, 31.35.39, §6456; C46, 50, $4,58, 62, 66,
71. ?3, 75, 77, 79, 81, §414.5]
84 Acts, ch 1176, §I; 85 Acts, ch 9, §2; 88 Acts, ch
1246, §8
414.6 Zoning commission.
In order to avail itself of the powers conferred by
this chapter, the council shall appoint a commission.
to be known as the zoning commission, to recom-
mend the boundaries o f the various original d~tricts.
amd appropriate regulations and restrictions to be
enforced therein. Where a ciw plan commission al-
ready exists, it may be appointed as the zoning com-
mlssio;:. Such commis! ion shall, v~th due diligence,
prepar~ ~ pr~lim{na:5' repor~ amd hold pubIfc hen_r-
ings thereon before submitting its final ropers; and
such council shall not hold ks public heazings or take
action until it has received the fin~ repo~ of such
commission. A ~er the adoption of such re.lateens,
modifications.
[C24, 27, 31, 35. 39, ~ 6457; C4~, 50, 54, 58, 62,
414,~ Board ofad~us[ment -- review by
council.
The counc~ s~ pro~Sda for the appo~ment of
a bo~ of adjustment ;md ~ ~e re.!aliens ~d
stSc:ions a~opted pu:suant ~ the au~od~ of
chapte; shall pro,fide that the said board of adjust-
p~te conditions ~d safe~ar~ make speci~
wi~ its gener~ pu~cse ~d ~tent ~d ~ accor-
d~ce ~fith general or specific ~las there~ con-
~ined ~d pro~Sde that ~y prope~y owner
~eved hy ~e action ef ~e council in the adop~on
ofsuc~ re~lafions ~d rest~c~ons may petition the
said board of adjustment direct to mo~
fions and restrictions as applied to such prope~
The council may pro.de for its re~ew of v~i-
~ces ~ed by the bo~d of adjustment befe~:e
theif effective ~ate. Thc co.cH my rem~d a
sion te ~t a vat.ce to ~e board of ad, torment
for ~her s~u~y. ~e effe~ive date of the va~ee
~ delayed for ~i~ dx~ from ~e date of ~e
[C2~, 27, 81, 35, 39, ~6458; C46, 50, 54, 58, 62. 65,
414.8
~e ba~of adjustment sh~ consist of five or
~even member~ aa determ~ed by the co~c~. Mem-
be~ o~ a five~member board ~h~ be appo~d for
a ~rm of five year~, except~g that when the bo~'d
~ flint be creat~ one m~mber ~h~ be appo~
for a tern o~ five ye~, one for a ~rm of fo~ ye~s,
one for a term of ~ee yea~, one [or a tsm of
yearn, ~d one for a te~m of on~ ye~. Membe~ of a
~even-membe~ bo~d ~ b~ appo~d for a
of five ye~s, e~cept when ~e bo~ sh~ ~t be
a~d twa memhem ~ be appo~d for a ~m ef
for a term cft~ee ye~, one for a term of~o ye~,
~d o~e for a on~-ye~ ~m. A five-member bo~'d
sh~ not car~ out i~ business ~thout ha~g ~ee
membe~ pcesent ~d a ~even-member ~d ~
not c~ out ~*~ bus~s ~out ha~g fo~ mem-
bern present. A ma]e~ of ~e membe~ of~e bo~
of adjustmen~ sh~l be persoas represen~K ~e pub-
lic at l~ge ~d ~h~ ncr be involved ~ ~e
§414.8, CITY ZONING
term~ard shall not carry out its
business without havZmg tlu-es members present
and a seven-member board shall not carry out its
business without ha~.fi~g four members present. A
majontyo t emem erso t e oar o a*~_ustmeat
~s-h~a~ rsons re resentin t u ' e
and shall not be involved in _t~_e ~usiness of ur-
movable for cause by the appointing authority
upon written charges and aftsr pubI/c hearing. Va-
cancies shall be filled for the unexpired term of any
member whose term becomes vacant.
[C24, 27, 31, 35, 39, §64.59; C46, 50, 54, 58, 62,
66, 71, 73, 75, 77, 79, 81, §414.8]
414.9 Rules -- meetings -- general proce-
dure.
The board shall adopt rules in accordance with
the provisions of any ordiuance adopted pursuant
to this chapter. Meetings of the board shall be held
at the call of the chairperson and at such other
times as the board may determine. Such chairper-
son, or in the chairperson's absence, the acting
chairperson, may administer oaths and compel the
attendance of w/tnesses. Ali meetings of the board
shall be open to the public. The board shall keep
minutes of its proceedings, showing the vote Of
each member upon each question, or if absent or
fnil~.g to vote, indicating such fact, and shah keep
records of its examinations and other official ac-
tions, all of which shall be immediately filed in the
office of the board and shall be a public record.
[C24, 27, 31, 35, 39, §646~; C46, 50, 54, 58, 62,
66, 71, 73, 75, 77, 79, 81, §414.9]
414.10 Appeals.
Appeals to the board of adjustment may be taken
by any person aggrieved or by any officer, depart-
merit, board, or bureau of the municipality affected
by any decision of the administrative officer. Such
appeal shall be taken within a reasonable time as
provided by the rules of the heard by filing with the
officer from whom the appeal is taken and with the
beard of adjustment a notice of appeal specifying
the grounds thereof. The officer from whom the
peal is taken shall forthwith transmit to the board
ail the papers constituting the record upon which
fha action appealed from was t~kea.
[C24, 27, 31, 35, 39, §6461; C46, 50, 54, 58, 62,
66, 71, 73, 75, 77, 79, 81, §414.10]
414.11 Effect of appeal
An appeal stays all proceedings in furtherance of
the action appealed from, unless the officer from
whom the appeal is taken certifies to the board of
adjustment after the notice of appeal shall have
been filed with the officer that by reason of fac~s
stated in the certificate a stay would in the officer's
opinion cause imminent peril to life or prbperty. In
such case proceedings shall not be stayed other~
wise than by a restraining order which may be
3280
granted by the board of adjustment or by a court
of record on application on notice to the officer from
whom the appeal is token and on due cau~ shown.
[C24, 27, 31, 35, 39, §6462; C46, 50, 54, 58, 62,
66, 71, 73, 75, 77, 79, 81, §414.11]
414.12 Powers.
The board of adjustment shall have the following
powers:
1. To hear and decide appeals where it is al-
leged there is error in any order, requirement, deci-
sion, 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 winch 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 unnec-
essary hardship, and so that the spirit oft~he ordi-
nance shsll be observed and substantial justice
done.
[C24, 27, 31, 35, 39, §6463; C45, 50, 54, 58, 62,
66, 71, 73, 75, 77, 79, 81, §414.12] ..
414.13 Decision on appeal.
In exercising the above-mentioned powers such
board may, in conformity with the provisious of
this chapter, reverse or affirm, wholly or partly, or
may mocLify the order, requirement, decision, or de-
termination appealed from and may make such
order requirement, decision, or determlnatian as
ought to be made, and ~o that end shall haw~ all the
powers of the officer from whom the appeal is
taken.
[C24, 27, 31, 35, 89, §6464; C46, 80, 54, 58, 62,
66, 71, 73, 75, 77, 79, 81, §414.13]
414.14 Vote required.
Tt~e concurring vote of three members of the
board in the case of a five-member board, ~ad four
members in the case of a seven-member board,
shall be necessary te reverse any order, require-
ment, decision, or determination of any such ad-
minlstrative official, or to decide in favor of the ap-
plicant on any matter upon which it is required to
pass under any such ordinance or to effect any
variation in such ordinance.
[C24, 27, 31, 35, 39, §6465; C46, 50, 54, 58, 62,
66, 71, 73, 75, 77, 79, 81, §414.14]
414.15 Petition for eartiorarL
Any person or persons, jointly or severslty, ag-
grieved by any decision of the beard of adjustment
under the provisions oft?ds chapter, or any ~axpay-
er, or any officer, depsztment, board, or burean of
the mun/cipality, may present tea court of record
a petition, duly veri~ed, setting forth that such de-