(a) The Board of Building and Zoning Appeals shall adopt such rules or regulations as may be necessary to carry into effect the provisions of this Zoning Code and to exercise the powers and jurisdiction conferred upon it by this Zoning Code.
(b) Any member of the Board shall have the power to subpoena and require the attendance of witnesses, administer oaths and compel testimony and the production of books, papers and other evidence pertinent to any issue before the Board.
(c) The Board shall hear and decide appeals de nova and shall review on appeal any order, requirement, decision or determination of the Director of Inspections relating to the enforcement of this Zoning Code or related to the interpretation or application of the Building Code. It shall also hear and decide all matters properly referred to it, or upon which it is required to pass, under the provisions of this Zoning Code. Within its powers, the Board may reverse or affirm, wholly or in part, or modify the order, requirement, decision or determination of the Director appealed from, and shall make such order, requirement, decision or determination as in its opinion ought to be made under the circumstances, and to that end shall have all the powers of the officer from whose decision the appeal is taken.
(d) Where there are practical difficulties or unnecessary hardships in the way of carrying out the strict letter of the provisions of this Zoning Code, on appeal from a decision of the Director, the Board shall have the power in a specific case, by special permit, to vary or modify the application of and such provisions in harmony with the general purpose and intent of this Zoning Code so that the public health, safety, morals and general welfare may be secured and substantial justice done, but in no event shall the Board of Building and Zoning Appeals be empowered to grant a use or create a use which does not exist in the Zoning Code of the City of Westlake. Such variance shall be limited to specific cases where the following conditions also exist.
(1) The practical difficulty or unnecessary hardship is inherent in and is peculiar to the premises sought to be built upon or used because of physical size, shape or other characteristics of such premises or adjoining premises which differentiate such premises sought to be built upon or used from other premises in the same district and as to such premises sought to be built upon or used will create a difficulty or hardship caused by a strict application of the provisions of this Zoning Code not generally shared by other lands or structures in the same district.
(2) Refusal of the variance or modification appealed for will deprive the owner of the premises sought to be built upon or used of substantial property rights; and
(3) Granting of the variance or modifications appealed for will not be contrary to the purpose and intent of the provisions of this Zoning Code.
(e) When appealing for a variance of modification, the appellant shall state and substantiate his claim that each of the three conditions listed under subsection (d) hereof exists. The Board shall make a finding on each of such three conditions as they apply in each specific case as a prerequisite for the granting of the variance or modification.
(f) When considering appeals related to the interpretation or application of the Building Code by the Director of Inspections, the Board shall have the following powers, subject to the limitations in the Building Code:
(1) General powers. The Board has the power to:
A. Base its decisions on the fact that any change in the provisions of the Building Code must be of such character that it will not substantially injure the appropriate or existing use or value of neighboring property.
B. Affirm or reverse, in whole or in part, or modify any decisions of the Director of Inspections interpreting the provisions of this Building Code.
C. Hear an appeal for a registered contractor whose registration has been suspended or revoked by the Director of Inspections. The Board may affirm, reverse or modify any actions taken by the Director of Inspections.
D. Vary the application of any provision of this Building Code to any particular case when in its opinion, enforcement thereof would do manifest injustice and would be contrary to the spirit and the purpose of this Building Code or to the public interest.
E. Hear an appeal of a notice of the Real Property Maintenance Officer. The Board may affirm, reverse or modify any actions taken by the Real Property Maintenance Officer.
F. Determine whether any proposed rule of the Director of Inspections supplements or aids in the interpretation of the requirements of this Building Code and is consistent therewith, and affirm, amend, modify or nullify any such proposed rule.
G. Report and recommend to Council any amendment, deletion or addition to this Building Code.
(2) Power to Authorize Use of New Materials. The Board shall decide whether new material or hitherto unused material may be used when not specifically prescribed by this Building Code. All such materials are to be of standard quality for the purpose for which they are intended and must conform to all reasonable requirements as to strength and durability.
(3) Power to Review Plans and Specifications of All Structures. On appeal, the Board shall protect the value, appearance and use of property on which all buildings are constructed or altered. It shall maintain a high character of community development to protect health, safety and welfare of the City and to protect real estate within the City from impairment or destruction of values by regulating, according to accepted and recognized architectural principles, the design, use of materials, finished grade lines, dimensions, orientation and location of all main and accessory buildings to be erected, moved, altered, remodeled or repaired subject to the provisions of the Building Codes and other applicable ordinances of the City.
On appeal, in reviewing, regulating and approving all building plans, the Board shall consider and take cognizance of the development of adjacent, contiguous and neighboring buildings and properties for the purpose of achieving safe, harmonious and integrated development of related properties.
On appeal, the Board shall receive and promptly review and pass upon all drawings, data, reports and complaints filed in reference to all structures in the Department of Buildings, Structures and Inspections, in the order filed and according to the rules and regulations duly adopted and published by the Board in the conduct of its business. Such rules and regulations shall not be inconsistent with the purposes of the Board or the provisions of applicable City ordinances. The Board shall immediately notify the Director of Inspections in writing of the action taken in each instance.
(Ord. 2020-149. Passed 2-18-21.)