(A) There is hereby created a board to be called the Building Board of Adjustments and Appeals, which will consist of five members, who shall be citizens of the city and shall be appointed by the City Council, for overlapping terms of three years. The Board shall be composed of one engineer, one general contractor and three members at-large from the building industry. Initial appointment shall be as follows: one member for a term of three years, two members for a term of two years and two members for a term of one year. Any vacancy in the membership shall be filled for the unexpired term in the same manner as the initial appointment. Members shall serve without pay but may be reimbursed for any expenses incurred while representing the Board.
(B) The Board of Adjustments and Appeals shall elect a Chairperson and a Vice-Chairperson from its members who shall serve for one year or until re-elected or until their successors are elected. The Board shall appoint a Secretary who may be a city officer, an employee of the city or a member of the Building Board of Adjustments and Appeals. The Board shall adopt rules and bylaws in accordance with the provisions of the Code of Ordinances. Meetings of the Board shall be held at the call of the Chairperson and at other times as the Board may determine. All meetings of the Board shall be open to the public.
(C) The Building Board of Adjustments and Appeals shall have the following powers and duties:
(1) To hear and decide appeals where it is alleged there is error in any order, requirement, decision or determination made by the Building Official in the enforcement of this chapter.
(2) To authorize upon appeal in specific cases, a variance from the terms of this chapter as will not be contrary to the public interest, where, owing to specific conditions, a literal enforcement of the provisions of this chapter will, in an individual case, result in unnecessary hardship, so that the spirit of this chapter shall be observed, public safety and welfare secured and substantial justice done. The variance may be granted in the individual cases of unnecessary hardship upon finding by the Building Board of Adjustments and Appeals.
(3) The Building Board of Adjustments and Appeals shall, in every case, reach a decision without unreasonable or unnecessary delay.
(4) If a decision of the Building Board of Adjustments and Appeals reverses or modifies a refusal, order, or disallowance of the Building Official, or varies the application of any provision of this chapter, the Building Official shall immediately take action in accordance with the decision.
(D) Appeals to the Board may be taken by any person aggrieved or by any officer, department, board or employee of the city.
(1) The appeals shall be taken by filing with the Building Board of Adjustments and Appeals, notice of appeal specifying the grounds thereof. The Building Official shall transmit to the Board the record upon which the action appealed from was taken.
(2) An appeal stays all legal proceedings in furtherance of the action appealed from, unless the officer from whom the appeal is taken certifies to the Board after the notice of appeal shall have been filed with the officer, that by reason of facts stated in the certificate, a stay would, in the officer's opinion, cause imminent peril to life and properly. In such case, proceedings shall not be stayed otherwise then by a restraining order which may be granted by the Board or by a court of competent jurisdiction, on notice to the officer from whom the appeal is taken, and on due cause shown.
(3) The Board shall be allowed 15 working days for the hearing of the appeal or other matter referred to it, and give public notice thereof, as well as due notice to the parties in interest, and decide the same within a reasonable time. At the hearing, any party may appear in person or by agent or by attorney.
(E) The concurring vote of three members of the Building Board of Adjustments and Appeals shall be necessary to reverse any order, requirement, decision or determination of the Building Official or to decide in favor of the applicant on any matter upon which it is required to pass under this chapter or to affect any variation of this chapter.
(F) 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 the fact, and shall keep records of it, examinations and other official actions, all of which shall be immediately filed in the office of the Building Board of Adjustments and Appeals and shall be a public record.
(G) On all appeals, applications and matters brought before the Building Board of Adjustments and Appeals, the Board shall inform, in writing, all the parties involved of its decisions and reasons thereof.
(Ord. 20-005, passed 3-10-2020)