A. 
Any person with standing, aggrieved, or affected by a decision of the Code Official shall be permitted to appeal to the Code Board of Appeals based on a claim that the true intent of the provisions of this chapter have been misinterpreted or that the provisions do not fully apply.
B. 
The Code Board of Appeals shall have no authority to wave the provisions of this chapter or grant any variance regardless of any perceived hardship of the applicant.
C. 
Any sign not explicitly permitted in this chapter may be allowed only upon approval of the Code Board of Appeals, provided that the sign is similar to and not more objectionable to the general welfare than other signs permitted in this chapter. The Code Board of Appeals may require compliance with conditions necessary to protect and promote the general welfare of the Borough.
A. 
The application for a hearing shall be submitted in such a written form as prescribed by the Code Official within 20 days of permit denial, violation service or just cause. Appeals after the prescribed time limit shall not be considered and the decision of the Code Official shall be considered final.
B. 
An appeal application fee shall be paid in accordance with the fee schedule adopted by Borough Council.
Upon receipt of an application in proper form, the Code Official shall arrange to advertise the time and place of the public hearing. Such advertisement shall be given by at least one local newspaper of general circulation. The notice shall state the nature of the request, the location of the property and the time and place of the hearing. The hearing notice shall be conspicuously posted on the subject property.
A. 
The Code Board of Appeals shall meet within 30 days of the receipt of a valid application, provided a quorum of the Board is available. If all the members of the Board are not available for the hearing, either party shall have the right to request a postponement.
B. 
The appellant, the appellant's representative, the Code Official and any affected party shall be given an opportunity to testify.
C. 
The hearing procedure shall not require compliance with the strict rules of evidence but shall mandate that only relevant information be received.
D. 
The Code Board of Appeals shall affirm, modify or reverse the Code Official's decision by a concurring vote of the majority of the Board's entire membership, regardless of the number of members in attendance. The Board shall render its decision in writing within 45 days of the completion of the hearing but may announce its decision orally after deliberations.
E. 
Where the Board fails to render the decision within 45 days, the decision shall be deemed to have been rendered in favor of the applicant unless the applicant has agreed in writing to an extension of time.