(a) Within ten days of receiving an unfavorable decision from the Building Inspector, any interested person may file with the Building Inspector a notice of appeal.
(b) The Planning and Zoning Commission, acting as the Board of Building Code Appeals, shall commence to hear the matter within sixty days of the date of the notice of appeal and shall decide the matter within 120 days of the date of the notice of appeal. Interested parties may stipulate as to extensions of time.
(c) The Planning and Zoning Commission shall provide written notice of the time and date of the hearing to parties who have expressed interest in the case and have requested the same. All interested parties shall have an opportunity to present sworn testimony and evidence, to cross-examine adverse parties and witnesses, and to make arguments regarding the appeal.
(d) The Planning and Zoning Commission shall have the authority to grant a variance from this Building Code in such cases where the applicant can establish that the strict application of this Building Code will work a hardship upon the applicant, which hardship is not the necessary result of the legitimate health or safety objective of the regulation, and good cause exists to permit a variance from the strict adherence to this Code.
(e) The Planning and Zoning Commission shall also have the authority to affirm, modify or reverse any interpretation of this Building Code made by the Building Inspector upon a finding that the interpretation made by the Building Inspector is clearly erroneous.
(f) The Planning and Zoning Commission shall render its decision in writing, along with written conclusions of fact. The Chairperson of the Commission shall mail the decision to the applicant, and any other interested person who requests such service, and note the date of mailing in the record of the case. The decision of the Planning and Zoning Commission shall be deemed final upon the mailing of the decision and the entry thereof in the record of the case.
(Ord. 1999-119. Passed 5-11-99.)