(a) Any person aggrieved by any order, requirement, determination, or any other action by the Village in relation to any provision of the Building Code of the Village of Chagrin Falls may appeal to the Board of Zoning Appeals within ten (10) days of such official action. Such an appeal shall be made in conformity with Chapter 1111 of the Planning and Zoning Code to the Board of Zoning Appeals. Written notice of appeal shall be served upon the Village by serving its Chief Administrative Officer. The right to appeal to the Board of Zoning Appeals from any action regarding the Building Code shall conform to the provisions contained in this section, even if there is another provision or regulation in the Building Code which authorizes appeals to the Board of Zoning Appeals.
(b) The Chief Administrative Officer shall create one or more forms to be utilized by any person who intends to appeal to the Board of Zoning Appeals any order, requirement, determination or other action regarding the Building Code of Chagrin Falls, but the failure to provide such form or forms shall not prohibit or impede the right of any aggrieved person to file an appeal to the Board of Zoning Appeals so long as the aggrieved person provides a description of the action that it being appealed, the date of the official action, and any applicable Building Code provisions that are the subject of the appeal. The filing fee for any appeal to the Board of Zoning Appeals regarding the Building Code of Chagrin Falls shall be the same fee for any similar appeal to the Board of Zoning Appeals regarding the Planning and Zoning Code of Chagrin Falls.
(c) (1) Whenever any appeal is made to the Board of Zoning Appeals from any provision, regulation, order, requirement, determination or any other action by the Village in relation to the Building Code, the standard of review for any appeal regarding an area regulation shall be the same as provided for area variances found in Section 1111.07(c) of the Planning and Zoning Code.
(2) Whenever the appeal relates to seeking a variance from required construction materials or methods, the standard of review shall be as follows:
A. The variance was not self-created.
B. Relief will not violate the spirit of the Building Code.
C. The requested variance is the minimum necessary to avoid an unnecessary hardship.
D. Relief will not compromise or reduce (i) the health or safety of persons who will construct, occupy, inhabit, or visit such building or structure , or (ii) the health or safety of persons and property in the general vicinity of the property that is the subject of the appeal.
(d) Whenever an appeal is taken to the Board of Zoning Appeals from a decision or interpretation of an official of the Village regarding the Building Code, alleging error by such official, the Board of Zoning Appeals may affirm, modify and affirm, or reverse such decision in the event that it determines the decision was illegal, arbitrary, capricious, unreasonable or unsupported by the preponderance of substantial, reliable, and probative evidence on the whole record.
(e) Advice of Expert on Economic Feasibility. If, in reviewing a request for a variance, or an appeal alleging error by an official of the Village, relating to the Building Code, the Administrator or Chairman of the Board of Zoning Appeals determines that the advice of an expert in applying building codes or construction of buildings and structures is necessary to assist in the analysis of determining whether or not the variance request or any appeal alleging error is appropriate and if in applying the standard of review confirms that relief is appropriate, the Administrator shall engage an expert at the applicant's expense, to provide such advice. The Administrator may require the applicant to deposit a sum estimated to cover the cost to have the expert provide such advice and attend any hearing or meeting.
(Ord. 2020-38. Passed 9-14-20.)