The Board of Zoning and Building Appeals shall consider all questions of Law and Fact presented and determine whether the Appellant is entitled to:
(a) To the issuance of any permit, certificate of registration or certificate of compliance denied by the Commissioner;
(b) Reinstatement of any certificate of registration revoked by the Commissioner;
(c) Withdrawal of any Stop Work Order issued by the Commissioner;
placed in issue by the information set forth in the Notice of Appeal. Where the appeal challenges the propriety of any Notice and Order issued by the Commissioner, the Board shall determine whether the building, dwelling or other structure is, in fact, in the condition alleged by the Notice and Order and whether such condition constitutes a violation of the provision or provisions of the Building Code recited in the Notice and Order. The Board may further consider the intent of this Building Code and, where it clearly appears that undue hardship would result from a literal application of any provision of this Building Code by reason of special conditions or circumstances unique to the structure, the Board may permit a variance from the applicable section if, notwithstanding such variance, the structure will comply with the spirit and intent of this Building Code with respect to sanitation, safety and rehabilitation. All decisions to permit a variance shall require affirmative approval of a majority of the total membership of the Board.
(Ord. 6223. Passed 6-12-01.)