The Board of Building Appeals shall have the following powers and perform the following duties in regard to one, two and three family dwellings and accessories thereto:
(a) To hear any appeal filed as provided for in this Code by any person adversely affected by a decision of the Building Official in the enforcement of this Code and to determine whether, in the opinion of the Board such a decision of the Building Official should be reversed, modified or affirmed and the Board shall have the power and authority to require, by resolution, the Building Official to modify, reverse or enforce his decision.
(b) In a specific case, to hear an appeal for variance in the requirements of this Code, where due to exceptional circumstances a hardship is created as the result of the literal application thereof. Hardship complained of cannot be self created; it cannot be claimed by one who purchases with or without knowledge of restrictions; it must result from the application of this Code; it must be suffered directly by the property in question; and evidence of variance granted under similar circumstances shall not be sufficient in and of itself. For the purpose of this Code, a limitation upon the financial gain from the land and use shall not in and of itself constitute a hardship. Any variance requested or authorized shall be the minimum that will be accomplishing the purpose. In authorizing a variance, the Board may attach thereto such conditions as it may deem necessary. The Board may require such bond as they consider necessary to guarantee that all special conditions required by the Board will be complied with. When appealing a decision of the Building Official, the appellant must comply with the requirements set forth in Section 1309.05
(b).
(c) To conduct such hearings in addition to those required by this Code, and to make or cause to be made such investigations and tests and to require from other City departments, employees, boards or commissions such
information as the Board may consider necessary to assist in the discharge of any duty or power mentioned in this Code.
(d) To formulate and report to Council, from time to time, recommendations for action by Council upon such amendments in existing ordinances or additional legislation the Board may consider necessary or advisable.
(e) In matters to be acted upon by the Board over which departments or divisions of City government in addition to the Division of Building Inspection have jurisdiction, the director of the department or the head of the division having such jurisdiction shall be consulted before such matters are finally acted upon by the Board. (Ord. 2004-71. Passed 5-19-04.)