(A) The Zoning Board of Appeals, established under the Zoning Code, shall constitute the Board of Appeals upon all questions arising under this subchapter and may fix rules and regulations to govern the procedure to be followed before the Board shall hear and decide appeals from any order, requirement, decision, or determination made by the Building Inspector. The Board shall also hear and decide all matters referred to it or upon which they are required to pass hereunder. The concurring vote of a majority of the members of the Board of Appeals shall be necessary to reverse any order, requirement, decision or determination of the Building Inspector or to decide in favor of the applicant any matter upon which they are required to pass under this subchapter.
(B) Appeals may be made by any person aggrieved. Such appeals shall be taken within ten days from the date of the order of the Building Inspector by filing with the City Clerk a notice of appeal specifying the grounds for appeal. The City Clerk shall immediately notify the Building Inspector and the Board of Appeals of such appeal, and the Building Inspector shall forthwith transmit to the Board of Appeals all the papers constituting the record upon which the action appealed from was taken.
(C) An appeal stays all proceedings in furtherance of the action appealed from unless the Building Inspector shall certify to the Board of Appeals after the notice of appeal shall have been filed that by reason of facts stated in the certificate a stay would in his opinion cause imminent peril to life or property, in which case proceedings shall not be stayed, otherwise than by a restraining order, which may be granted by the Board of Appeals or by the Circuit Court upon application upon notice to the Building Inspector from whom the appeal is taken and on due cause shown.
(D) The Board of Appeals shall set a date for hearing such appeal not less than five nor more than 15 days from the date such appeal is filed and give notice thereof to the parties and decide the same within five days from the date of hearing.
(E) Any party may appear in person, by agent, or by attorney and the Board of Appeals may reverse, affirm wholly or partly, or may modify the order, requirement, decision or determination as in its opinion ought to be made in the premises and to that end shall have all the powers of the Building Inspector from whom the appeal was taken. Where there are practical difficulties or unnecessary hardship in the way of carrying out the strict letter of this subchapter, the Board of Appeals shall have the power in passing upon appeals to interpret any of its rules, regulations, or provisions relating to the construction, structural changes in equipment or alteration of buildings so that the spirit of the subchapter shall be observed, public safety secured, and substantial justice done. The decision of such Board shall be final so far as it involves discretion or the finding of fact.
(1990 Code, § 8.30)