Meetings of the board shall be held at the call of the mayor and at such other times as the board may determine. All 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 failing to vote, indicating such fact, and shall keep records of its examination and other official actions, all of which shall be immediately filed in the office of the board and shall be a public record. (Ord. 252, 12-7-1955)
A. Filing Of Appeal: Appeals to the board may be taken by any person aggrieved or by any officer, department, board or bureau of the city affected by any decision of the building inspector. Such appeal shall be taken within a reasonable time, as shall be prescribed by the board by general rules, by filing with the building inspector and with the board a notice of appeal specifying the grounds thereof. The building inspector shall forthwith transmit to the board all the papers constituting the record upon which the action appealed from is taken.
B. Stay Of Proceedings: An appeal stays all proceedings in furtherance of the action appealed from, unless the building inspector certifies to the board after the notice of appeal shall have been filed with him, that, by reason of facts stated in the certificate, a stay would, in his opinion, cause imminent peril to life or property. In such case, proceedings shall not be stayed otherwise than by a restraining order which may be granted by the board or by a court of record on application or notice to the building inspector and on due cause shown.
C. Notice Of Hearing; Council Vote: The board shall fix a reasonable time for the hearing of the appeal, give due notice thereof to the parties in interest and decide the same within a reasonable time. Upon the hearing, any party may appear in person or by agent or by attorney. The concurring vote of two-thirds (2/3) of all the members of the city council shall be required to revise any order, decision, requirement, or determination of the building inspector or to decide a case in favor of an applicant. (Ord. 252, 12-7-1955)
D. Filing Fee: A fee of fifty dollars ($50.00) shall be paid to the building inspector at the time the notice of appeal is filed for any appeals arising from code enforcement or the building inspection, which the building inspector shall forthwith pay over to the city clerk to the credit of the general revenue fund of the city. (Ord. 894, 12-12-1994)
The board shall have the following powers:
A. Powers Relative To Administrative Errors: To hear and decide appeals where it is alleged there is an error in any order, requirement, decision or determination made by an administrative official in the enforcement of this title.
B. Powers Relative To Variations: Where, by reason of exceptional narrowness, shallowness or shape of a specific piece of property at the time of the original adoption of the regulations, or by reason of exceptional topographical conditions or other extraordinary or exceptional situation or condition of a specific piece of property, which condition is not generally prevalent in the neighborhood, the strict application of this title would result in peculiar and exceptional practical difficulties to or exceptional and undue hardship upon the owner of such property, the board is hereby empowered to authorize upon an appeal relating to such property, a variation from such strict application so as to relieve such difficulties or hardship.
C. Powers Relative To Exceptions: Upon appeal, the board is hereby empowered to permit the following exceptions:
1. To permit the extension of a district where the boundary line of a district divides a lot in single ownership as shown on record.
2. To permit the reconstruction of a nonconforming building which has been destroyed, or partially destroyed, by fire or act of God where the board shall find some compelling public necessity requiring a continuance of the nonconforming use, but in no case shall such a permit be issued if its primary function is to continue a monopoly.
3. To permit the erection and use of a building or the use of premises in any location for a public service corporation for public utility purposes which the board deems reasonably necessary for the public convenience or welfare.
4. To interpret the provisions of this title where the street layout actually on the ground varies from the street layout as shown on the map fixing the several districts, which map is attached to and made a part of this title. (Ord. 252, 12-7-1955)