Section 113 of the IBC pertaining to the board of adjustments and appeals (herein called the “board”) is amended by the addition thereto of the terms of this part.
(Ordinance 16-12, sec. 2, adopted 11/28/16)
Three (3) members of the board shall constitute a quorum. In varying the application of any provisions of this code or in modifying an order of the building official, affirmative votes of the majority present, but not less than three (3) affirmative votes, shall be required. No board member shall act in a case in which he has a personal interest.
(2005 Code, sec. 15.1.06)
The building official shall make a detailed record of all board proceedings, which record shall set forth the reasons for the board’s decisions, the vote of each member participating therein, the absence of a member, and any failure of a member to vote.
(2005 Code, secs 15.1.07)
The board shall establish rules and regulations for its own procedure not inconsistent with the provisions of this chapter. The board shall meet at such intervals as may be required by its function, on the call of the mayor, [or] the chairman, or, in any event, the board shall meet within ten (10) days after notice of appeal has been received by filing as hereinbelow provided.
(2005 Code, sec. 15.1.08)
(a) 
Whenever the building official shall reject or refuse to approve the mode or manner of construction proposed to be followed or materials to be used in the erection or alteration of a building or structure, or when it is claimed that the provisions of this code do not apply, or that an equally good or more desirable form of construction can be employed in any specific case, or when it is claimed that the true intent and meaning of this code or any of the regulations thereunder have been misconstrued or wrongly interpreted, the owner of such building or structure, or his duly authorized agent, may appeal from the decision of the building official to the board. Notice of appeal shall be made in writing and filed with the city secretary within thirty (30) days after the decision is rendered by the building official. An administrative fee shall accompany such notice of appeal, which shall be made on a form provided by the building official, in the amount prescribed by the fee schedule in appendix A of this code.
(b) 
In case of a building or structure which, in the opinion of the building official, is unsafe or dangerous, the building official may, in his order, limit the time for such appeal to a shorter period.
(2005 Code, sec. 15.1.09)
(a) 
The board, when appealed to, shall conduct a hearing, and after such hearing may vary the application of any provision of this code to any particular case when, in its opinion, the enforcement thereof would do manifest injustice, and would be contrary to the spirit and purpose of this code or the public interest, or when, in its opinion, the interpretation of the building official should be modified or reversed.
(b) 
A decision of the board to vary the application of any provision of this code or to modify an order of the building official shall specify in what manner such variation or modification is made, the conditions upon which it is made, and the reason therefor.
(2005 Code, sec. 15.1.10)
(a) 
Every decision of the board shall be final, subject, however, to such remedy as any aggrieved party might have at law or in equity. The decision shall be in writing and shall indicate the vote upon the decision. Every decision shall be promptly filed in the office of the building official, and shall be open to the public for inspection. A certified copy of the decision shall be sent by mail or otherwise to the appellant and a copy shall be publicly posted in the office of the building official for two (2) weeks after the filing thereof.
(b) 
The board shall in every case reach a decision without unreasonable or unnecessary delay.
(c) 
If a decision of the board reverses or modifies a refusal, order, or disallowance of the building official, or varies the application of any provision of this code, the building official shall immediately take action in accordance with such decision.
(2005 Code, sec. 15.1.11)