BOARD OF ADJUSTMENT

The Board of Adjustment is comprised of five volunteer Emmet County residents appointed by the Emmet County Board of Supervisors, all of whom reside in the unincorporated areas of Emmet County.  They are appointed to a five-year term.

The Board of Adjustment acts in a quasi-judicial capacity, meaning that it performs duties and responsibilities as if it were a cross between a court of law and a town hall meeting.  The ability for a county to adopt zoning and establish a Board of Adjustment is set forth in Chapter 335 of the Code of Iowa.  The duties and powers of the Board of Adjustment include:

 1.      Administrative Appeal:  To hear and decide appeals where it is alleged that there is error in any order, requirement, decision, or determination made by the zoning administrator in the enforcement of this ordinance or any amendment pursuant thereto.

2.      Interpretation of Zoning Map:  Where there is reasonable doubt as to the boundary between zoning districts the board shall interpret the map to carry out the purpose of this ordinance.

3.      Conditional Uses:  To hear and decide conditional use requests as provided for in Article XXIV of this ordinance.  Upon application, the board is hereby empowered to authorize the following conditional uses to the terms of this ordinance:

a.       To permit the extension of a district where the boundary line of a district divides a lot in single ownership as shown on record.

b.      To permit the reconstruction of a nonconforming building which has been destroyed or partially destroyed to the extent of more that 60 percent of its assessed value, where the board finds some public necessity requiring the continuance of the nonconforming use.

c.       To permit the erection and use of a building or the use of premises in any location for a public service corporation necessary for the public convenience or welfare.

d.      To permit location of those industries specified in the A-1 district, where it is determined that the industry would not materially affect the health, welfare, or safety of the county or surrounding properties and their residents.

4.      Variances:  To authorize upon appeal, in specific cases, such variance from the terms of this ordinance as will not be contrary to the public interest where, owing to the special conditions a literal enforcement of the provisions of this ordinance would result in unnecessary hardship, and so that the spirit of the ordinance shall be observed and substantial justice done.  (Code of Iowa, Sec 335.15)

The Board meets as needed in the Supervisor’s meeting room in the Emmet County Courthouse, 609 1^st Ave N., Estherville, IA 51334.

Who should I contact if I have any additional questions?  If you have any further questions regarding the Board of Adjustment, please call Barb Bohm at 712-362-2609 or email bbohm@emmetcounty.iowa.gov.