(A) Creation. There is hereby created a Board of Appeals to be known as the "Board of Building and Housing Appeals," consisting of five members appointed by the Mayor with approval of City Council.
(B) Members. Of the members first appointed, two shall be appointed for a term of one year, two for a term of two years, one for a tem of three years and thereafter they shall be appointed for a term of four years. Vacancies shall be filled for an unexpired term in the same manner in which original appointments are required to be made. Continued absence of any member from regular meetings of the Board shall, at the discretion of the appointing authority, render any member liable to immediate removal from office.
(C) Quorum. Three members of the Board shall constitute a quorum in varying the application of any provisions of this chapter or in modifying an order of the Building Inspector, affirmative votes of the majority present, but not less than three affirmative votes shall be required. No Board member shall act in a case in which he has a personal interest.
(D) Rules and regulations. The Board shall establish rules and regulations for its own procedure not inconsistent with the provisions of this chapter. The Board shall meet at regular intervals to be determined by the Chairman, or in any event the Board shall meet within ten days after notice of appeal has been received.
(E) Powers. The Board shall have the power to administer oaths.
(F) Variances. Where, because of conditions peculiar to a particular building, it would be unreasonably difficult to meet the literal requirements of this chapter, a variance may be granted by the Board upon written application therefor. The application shall state in writing the reasons why the variance should be made. A variance shall be granted only where it is evident that reasonable safety and sanitation is assured, and may include conditions not generally specified by this chapter in order to achieve the end. The variance may include an expiration date. A copy of the variance shall be filed in the office of the Building Inspector and a copy shall be given to the applicant.
(G) Appeals.
(1) Whenever it is claimed that the true intent and meaning of this chapter has been wrongly interpreted, or that the time allowed for compliance is unreasonable, the owner, his agent or the occupant, as the case may be, may file a notice of appeal from the decision or order of the Building Inspector. The notice shall be in writing and filed within ten days after the decision or order of the Building Inspector has been made.
(2) The Board, upon appeal, may modify the decision or order of the Building Inspector. Its decision shall be final, subject however, to such remedy as any aggrieved person may have under § 151.36. The Board's decision shall be in writing, shall be filed with the City Clerk, and a certified copy shall be given to the applicant.
('76 Code, § 210.03)
Statutory reference:
Local appeals boards, see KRS 198B.070