(A) Quorum. All three members of the Board of Appeals, either consisting of members or alternate members, must be present to constitute a quorum. No action of the Board is official unless authorized by a majority of the Board.
(B) Adoption of rules. The Board shall adopt such rules and regulations concerning the filing of appeals, applications for variances and exceptions, giving of notice and conduct of hearings as shall be necessary to carry out its duties under the provisions of the city code.
(C) Minutes and records. The Board shall keep minutes of its proceedings, keep records of its examination and other official actions and shall record the vote on all actions taken. All minutes and records shall be filed in the office of the Code Official and shall be public records.
(D) Powers and duties. The Board shall have the following powers and it shall be the Board’s duty to:
(1) Determine appeals and review any notice, order, requirement, decision or determination made by the Code Official charged with the enforcement of the city’s Building Code;
(2) Permit and authorize exception to the city’s Building Code only in particular instances as specified in this subchapter;
(3) Decide special exceptions to the terms of the city’s Building Code upon which the Board is required to act under this subchapter; and
(4) Receive applications for appeal based on a claim that the true intent of the city’s Building Code has been incorrectly interpreted, or the provisions of the city’s Building Code do not apply, or the requirements of the city’s Building Code are adequately satisfied by other means.
(E) Appeals.
(1) An appeal taken from the requirement, notice, order and/or decision for determination made by Code Official charged with the enforcement of the city’s Building Code shall be filed with the Board within 20 days after the day the decision, notice or order was served. The appeal shall specify the grounds thereof and in such form as may be prescribed by the Board by general rule. The Code Official from whom the appeal is taken shall, upon request from the Board, transmit to the Board all documents, plans and papers constituting the record of the action from which an appeal was filed.
(2) The Board shall meet upon notice from the Chairperson, within 20 days of the filing of an appeal. Prior to the hearing, public notice shall be given of the hearing by placing a classified legal advertisement in a qualified newspaper of general circulation in the county, and due notice shall be given to the interested parties by certified mail return-receipt requested. The Board may require the party making the appeal to assume the cost of public notice and due notice to interested parties. Upon the hearing, any party may appear in person, by agent or by attorney.
(3) When an appeal from the decision of the Code Official has been taken and filed with the Board, all work on the premises pertaining to the Official’s decision shall be stayed unless the Official shall certify to the Board that a stay would cause imminent peril to life or property. In such instance, work shall not be stayed except by an injunction which may be granted by the Circuit Court of the county, on application, on notice to the officer to whom the appeal is taken and the owner of the premises affected and on due cause shown.
(4) All hearings before the Board shall be open to the public. The party making the appeal, the party making the appeal’s representative, the Code Official and any persons whose interest(s) may be affected shall be given an opportunity to be heard.
(5) At the hearing the order of procedure shall be as follows:
(a) The party making the appeal, or the party making the appeals representative;
(b) The Code Official;
(c) Any persons whose interest may be affected by the decision; and
(d) The party making the appeal, or the party making the appeals representatives’ rebuttal.
(6) The Board shall adopt and make available to the public the procedures under which the hearing will be conducted by and through the person in charge of keeping minutes and records for the city. The procedures shall not require compliance with strict rules of evidence, but shall mandate that only relative information be received for review by the Board.
(7) When the full Board is not present to hear an appeal, either the person making the appeal, or that person’s representative, shall have the right to request a postponement of the hearing.
(8) In exercising its powers, the Board shall reverse or affirm, wholly or in part, or make, modify the order, requirement, decision or determination appealed from as in the Board’s opinion deemed to be done on the premises and to that end shall have all powers of the officer from whom the appeal is taken. The Board’s decision to reverse or affirm, wholly or in part, or to modify an order, requirement, decision or determination, may only be done by a concurring majority vote of two of the three appointed Board members.
(9) The final decision of the Board shall be recorded. A copy shall be furnished to the person making the appeal and to the Code Official.
(10) The Code Official shall take immediate action in accordance with the decision of the Board.
(F) Variances and special exemptions.
(1) Requests for variances. The Board shall hear requests for variances where it is alleged that the provisions of the city’s Building Code inflicts unnecessary hardship upon the person making the appeal. The Board may grant a variance, provided the following findings are made, where relevant, in a given instance:
(a) There are unique physical circumstances or conditions to the particular property, and that the unnecessary hardship is due to such conditions, and not the circumstances or conditions generally created by the provisions of the city’s Building Code;
(b) Because of such physical circumstances or conditions, there is no possibility that the property can be developed in strict conformity with the provisions of the city’s Building Code and that the authorization of a variance is therefore necessary to enable the reasonable use of the property;
(c) Such unnecessary hardship has not been created by the party making the appeal;
(d) The variance, if authorized, will not alter the essential character of the neighborhood or district wherein the property is located, nor substantially or permanently impair the appropriate use or development of adjacent property, nor be detrimental to the public welfare; or
(e) The variance, if authorized, will represent the minimum variance which will afford relief and will represent the least modification possible of the regulation at issue.
(2) Granting of variance. In granting any variance, the Board may attach such reasonable conditions and safeguards as it may deem necessary to implement the purposes of the City Building Code.
(3) Special exceptions. The Board shall hear and decide requests for all special exceptions as provided in this subchapter and in accordance with such standards and criteria contained in this subchapter. In granting a special exception, the Board may attach such reasonable conditions and safeguards, in addition to those expressed in this subchapter, as it may deem necessary to implement the purposes and intent of the City Building Code.
(Ord. 100, passed - -2009)