The Planning Commission shall serve as the Board of Building Appeals in accordance with the provisions of RCO § 110.1 unless City Council shall designate another board or commission to be the Board of Building Appeals.
(A) Disqualification. No member of the Board shall pass on any questions involving work on which he or his employer is or has been engaged or involved as a contractor, a material dealer, or a superintendent; for which he or his employer has prepared plans or specifications; in which he has any personal or financial interest whatsoever; or as to which he or his employer acts in a consulting capacity.
(B) Compensation. Members of the Board shall receive no compensation for the performance of their duties.
(C) Procedure. The Board may adopt its own rules of procedure not inconsistent with the provisions of this Code or R.C. § 3781.19. All records and proceedings of the Board shall be open to public inspection.
(D) Staff evaluation. A written evaluation of a variance request or appeal shall be provided to the Board by the Building Official or his designated alternate in a timely manner as to allow the Board to act on such items within the time constraints contained in this chapter.
(E) Powers and duties. The powers and duties of the Board shall be as follows:
(1) Hearings. To conduct all hearings required by this Code for work not under the original jurisdiction of the State of Ohio Board of Building Appeals.
(2) Ruling of the Building Official. To reverse or to modify an order or ruling of the building official if the Board finds that order to be contrary to a fair interpretation of this Code.
(3) Variance. To grant variances from Building Code requirements not under the jurisdiction of the State of Ohio Board of Building Appeals.
(F) Hearings and notifications. The Board shall fix a reasonable time for the hearing of any application or appeal, give notice thereof to the party or parties known to have an interest in the property and conduct the hearing in accordance with R.C. Chapter 119.
(G) Action by the Board. The Board shall rule on the items that are subjects of required public hearings within a reasonable time, not to exceed 30 days from the date of the hearing.
(H) Stay of proceedings. An appeal shall stay all proceedings in furtherance of the action appealed from, unless the Administrative Official certifies to the Board, after notice of appeal shall have been filed with him, that by reason of facts stated in that certificate, a stay would, in his opinion, cause imminent peril to life or property. In such case, proceedings shall not be stayed other than by restraining order issued by a court of record on application, on notice to the Administrative Official from whom the appeal is taken, and on due cause shown.
(I) Application for Building Code revision. Revisions to the OBC and RCO shall be in accordance with procedures established by the Ohio Board of Building Standards. Any person, group, or business entity may make application to the Board to amend any requirements of this Code. The Board shall review all such applications and shall forward its recommendations to Council no later than 30 days after the application is filed with the Board. Notwithstanding any action of the Board to recommend to the City Council a revision to the FPBC, or of the City Council to adopt a revision to the FPBC, such revision is required to be submitted to the OBBS for approval in accordance with RCO § 101.3 prior to such revision taking affect.
(J) Appeal. Any person adversely affected by an order of the Building Official, or by a decision of the Building Official not to approve plans, or not to allow specific materials or methods, or repair or demolition of a building or structure may appeal said decision within 30 days of the date of receipt of the written decision of the Building Official. Such appeal may proceed on the basis that the code or rules legally adopted thereunder have been incorrectly interpreted and/or applied by the Building Official in that particular case, or that there are no code or regulatory provisions covering the particular matter involved. A decision of the Building Official shall be deemed to be in writing if it is noted on the copy of the permit kept at the site of the work and signed by the appropriate inspector or other authorized representative of the Building Official. The Forest Park Board of Building Appeals shall rule on all appeals related to one-, two- and three-family buildings and upon requirements of this Code supplemental to the OBC and RCO. All other appeals shall be to the Ohio Board of Building Appeals in accordance with R.C. § 3781.19. Any person adversely affected by a decision of the Forest Park Board of Building Appeals may appeal said decision within 30 days after the date of said decision to the Hamilton County, Ohio, Common Pleas Court.
(K) Application for variance.
(1) The Board shall have the power to vary or adapt the strict application of any of the requirements of the Code, not under the jurisdiction of the State of Ohio Board of Building Appeals, in a specific case, and which will not be contrary to the public interest where a literal enforcement of such provisions will result in unnecessary hardship, in accordance with R.C. § 3781.19. In granting any variance, the Board shall prescribe any condition that it deems to be necessary or desirable. No variance in the application of any provision of this Code shall be granted by the Board unless it finds that the granting of the variance is necessary for the reasonable use of the property or building and that the variance granted by the Board is the minimum variance that will accomplish this purpose, and that the granting of the variance will be in harmony with the general purpose and intent of the Code, and will not be injurious to the neighborhood or otherwise detrimental to the public welfare.
(2) In granting any variance, the Board may prescribe appropriate and reasonable conditions and safeguards in conformity with the Code. Violations of such conditions and safeguards, when made a part of the terms under which the variance is granted, shall be deemed a violation of the Code and punishable under § 152.23.
(L) Fees. Each application for an appeal, for a code revision, or for a variance shall be accompanied by fees in the amount prescribed in Chapter 156 (Comprehensive Fee Schedule). Those requests for code revision initiated by boards, agencies, or officials of the city shall not require the payment of any fees.
(M) Reconsideration. The Board shall upon application either of the applicant or of the Building Official grant a reconsideration of its decision in any case where new evidence not previously available is presented which, in the opinion of the chairman, would justify such reconsideration. Any reconsideration shall not serve to stay execution of the previous decision of the Board except by special action of the Board so directing. Reconsideration shall not require an additional public hearing unless the Board so directs, in which event the provisions for public hearings herein shall be applicable.
(Ord. 24-2019, passed 8-5-19)