1. The council shall provide for the appointment of a board of adjustment. In the regulations and restrictions adopted pursuant to the authority of this chapter, the council shall provide that the board of adjustment may in appropriate cases and subject to appropriate conditions and safeguards make special exceptions to the terms of the ordinances in harmony with the general purpose and intent of the ordinances and in accordance with general or specific rules contained in the ordinances and provide that any property owner aggrieved by the action of the council in the adoption of such regulations and restrictions may directly petition the board of adjustment to modify regulations and restrictions as applied to such property owners.
2. The council may provide for review of variances granted by the board of adjustment by the council before the effective date of the variances. The council may remand a decision to grant a variance to the board of adjustment for further study. The effective date of the variance is delayed for thirty days from the date of the remand. [C24, 27, 31, 35, 39, §6458; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §414.7] 86 Acts, ch 1098, §1; 2019 Acts, ch 59, §118; 2021 Acts, ch 80, §245 Referred to in §329.12 \n
Notes of Decisions
Holland v. City Council of Decorah, 662 N.W.2d 681 (Iowa 2003).
· cites it 16× “Iowa Code § 414.7 (emphasis added). Wal-Mart's request to place fill in the floodplain did not require any special exception to the local ordinance.”
City of Johnston v. Christenson, 718 N.W.2d 290 (Iowa 2006).
· cites it 4× “Iowa Code § 414.7 . Under the Johnston zoning ordinance, which is consistent with the prevailing view, the board of adjustment is authorized to overlook the strict letter of the ordinance and grant a variance under certain conditions to avoid undue hardship to a property owner,…”
City of Okoboji, Iowa v. Okoboji Barz, 717 N.W.2d 310 (Iowa 2006).
· cites it 4× “The marinas did not sell food or alcoholic beverages. Although the special use permit issued to the old Okoboji Boats marina waived the provision of the zoning ordinance which would not allow reconstruction if the business was destroyed beyond fifty percent of its replacement…”
Waddell v. Brooke, 684 N.W.2d 185 (Iowa 2004).
· cites it 3× “The word “board,” when used in this chapter, means the board of adjustment.”
City of Des Moines v. Lohner, 168 N.W.2d 779 (Iowa 1969).
· cites it 4× “Section 414.7 of the Code provides for and requires that a board of adjustment be appointed which is empowered to make special exceptions to the terms of the ordinances, in appropriate cases, in harmony with the general purpose and intent of the zoning laws.”
Greenawalt v. Zoning Bd. of Adj. of Davenport, 345 N.W.2d 537 (Iowa 1984).
· cites it 2× “” Iowa Code § 414.7 . The city council “provides for the manner in which such regulations and restrictions and boundaries of such districts shall be determined, established, and enforced, and from time to time amended, supplemented, or changed.”
Depue v. City of Clinton, 160 N.W.2d 860 (Iowa 1968).
· cites it 4× “The chapter mandates the appointment of two official bodies; (1) a zoning commission, the function of which is to make recommendations to the council on adoption of the plan and to make like recommendations in connection with amendments thereto, 2 and (2) a board of adjustment,…”
Chicago, Rock Island & Pac. R. Co. v. Liddle, 112 N.W.2d 852 (Iowa 1962).
· cites it 2× “” Section 414.7 requires the city council to provide for the appointment of a board of adjustment which “may in appropriate eases and subject to appropriate conditions and safeguards make special exceptions to the terms of the ordinance (s) in harmony with its general purpose…”
Hawkeye Outdoor Advert., Inc. v. Bd. of Adjustment of City of Algona, 356 N.W.2d 544 (Iowa 1984).
· cites it 2× “1 of the Iowa Code authorizes cities to adopt zoning ordinances and, in such cases, requires them in section 414.7 to establish boards of adjustment with power to grant variances in appropriate cases: The council shall provide for the appointment of a board of adjustment and in…”
Steinlage v. City of New Hampton, 567 N.W.2d 438 (Iowa Ct. App. 1997).
· cites it 2× “” Iowa Code § 414.7 . The city council “provides for the manner in which such regulations and restrictions and boundaries of such districts shall be determined, established, and enforced, and from time to time amended, supplemented, or changed.”
— Iowa Code § 414.7(1) — 1 case
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