In order to interpret this article and to grant such variances as may be deemed necessary, the building code board of appeals shall serve as the board of appeals for this article.
(2000 Code, sec. 15-71)
The board of appeals shall adopt rules necessary to the conduct of its affairs, and in keeping with the provisions of this article. Meetings shall be held at the call of the chairman and at such times as the board may determine.
(2000 Code, sec. 15-72)
Any person aggrieved or any official or department of the governing body of the city affected by a decision or judgment of the building official concerning interpretation or administration of this article may appeal such decision or judgment to the board of appeals. Such appeals shall be taken within a reasonable time as may be provided by the rules of the board of appeals, by filing with the building official and with the board of appeals a notice of appeal.
(2000 Code, sec. 15-73)
A written application for a variance from the provisions of this article shall be accompanied by an accurate legal description, maps, site plans, drawings and any necessary data, demonstrating that:
(1)
Special conditions and circumstances exist which are peculiar to the land, structure or building involved and which are not applicable to other lands, structures or buildings in the same district;
(2)
Literal interpretation of the provisions of this article would deprive the applicant of rights commonly enjoyed by other properties in the same district under the terms of this article;
(3)
The special conditions and circumstances do not result from actions of the applicant;
(4)
Granting the variance requested will not confer on the applicant any special privilege that is denied by this article to other lands, structures or buildings in the same district.
(2000 Code, sec. 15-74)
No nonconforming use of neighboring lands, structures or buildings in the same district, and no permitted use of lands, structures or buildings in other districts, shall be considered grounds for issuance of a variance.
(2000 Code, sec. 15-75)
(a)
The board of appeals shall make a finding that the reasons set forth in the application justify the granting of the variance, and that the variance is the minimum variance that will make possible the reasonable use of the land, building and structure.
(b)
The board of appeals shall further make a finding that the granting of the variance will be in harmony with the general purpose and intent of this article, and will not be injurious to the neighborhood, or otherwise detrimental to the public welfare.
(2000 Code, sec. 15-76)
In granting any variance, the board of appeals may prescribe appropriate conditions and safeguards in conformity with this article. Violation of such conditions and safeguards, when made a part of the terms under which the exception is granted, shall be deemed a violation of this article. The board of appeals shall prescribe a time limit within which the action for which the exception is required shall be begun or completed, or both. Failure to begin or complete, or both, such action within the time limit set shall void the exception.
(2000 Code, sec. 15-77)