A. 
The Board of Appeals shall have the following powers and duties:
1. 
To hear and decide appeals of orders, decisions or determinations made by the Building Official relative to the application and interpretation of Chapter 500: Building Code; Chapter 510: Dangerous Buildings; Chapter 605: Businesses, Trades, Occupations and Service Occupations Licenses, Taxes and Regulations; and Section 710.150 of Chapter 710: Sewers all of this Code.
2. 
To hear and decide appeals of orders, decisions or determinations made by the Floodplain Administrator relative to the application and interpretation of Chapter 460: Flood Protection of the Unified Development Code.
3. 
To hear and decide upon a request for a variance from the floodplain management regulations contained in Chapter 460: Flood Protection of the Unified Development Code.
4. 
To hear and decide appeals of orders, decisions or determinations made by the Director of Development Services or Public Works Director relative to the application and interpretation of Chapter 455: Natural Resource Protection of the Unified Development Code.
5. 
To hear and decide upon a request for a variance from the regulations contained in Chapter 455: Natural Resource Protection of the Unified Development Code.
6. 
To hear and decide appeals of orders, decisions or determinations made by the Director of Development Services relative to the application and interpretation of Chapter 545: Property Maintenance of this Code.
7. 
All other powers or duties which are now, or may hereafter be granted to or imposed upon it by ordinance or Statute.
A. 
An appeal from Article III Division 2: Exterior Property Areas of Chapter 545: Property Maintenance of this Code shall be filed within five (5) days from the date of the order to abate or other ruling specifying the grounds therefore. All other appeals shall be filed within ten (10) days from the date of the order or other ruling specifying the grounds therefore.
B. 
The application shall be accompanied by the fee amount approved by the Governing Body and listed in the Schedule of Fees and Charges maintained in the Finance Department.
C. 
An appeal stays all proceedings in furtherance of the action appealed from unless the Building Official, Director of Development Services, Public Works Director or Floodplain Administrator certifies to the board, after the notice of appeal shall have been filed with them, that by reason of the facts stated therein, a stay would, in their opinion, cause imminent peril to life or property. In such case, proceedings shall not be stayed otherwise than by a restraining order, which may be granted by the Board or by the circuit court of Cass County, an application or notice to the Building Official, Director of Development Services, Public Works Director or Floodplain Administrator and on due cause shown.
A. 
An application for appeal to the Board of Appeals shall be based on a claim that the true intent of this Code or the rules legally adopted have been incorrectly interpreted, the provisions of this Code do not fully apply, or an equally good or better form of construction is proposed.
B. 
The Board of Appeals shall have no authority to waive requirements of the Building Code.
A. 
The Board of Appeals shall consist of five (5) members and two (2) alternate members appointed by the Mayor with the advice and consent of a majority of the City Council, to serve for a period of three (3) years.
B. 
Board membership shall be composed of:
1. 
Three (3) members of the Board, and the two (2) alternates, shall consist of persons qualified by experience and training to pass on matters of building and site construction and development. Members shall be skilled in building or construction trades or professions such as architect, engineer, builder or general contractor.
2. 
One (1) member shall be a layperson to represent the general public.
3. 
One (1) member shall be a City staff appointment.
C. 
The Board shall adopt appropriate rules of procedure for conducting its business.
The Board may uphold, modify or reverse the order, requirement, decision or determination appealed from the Building Official; Director of Development Services, Public Works Director or Floodplain Administrator. The Board may grant a variance as provided for in Section 470.220 or 470.230 of the Unified Development Code. All decisions of the Board shall be by a concurring vote of at least three (3) members of the Board. All decisions of the Board shall be in writing and shall be final. The Building Official, Director of Development Services, Public Works Director or Floodplain Administrator shall take immediate action in accordance with the decision of the Board.