[HISTORY: Adopted by the City Commission of the City of Royal Oak 10-28-1974 by Ord. No. 74-19. Amendments noted where applicable.]
Pursuant to the provisions of Section 9 of Act No. 230 of the Public Acts of 1972 (MCLA § 125.1509), the Building Official of the City of Royal Oak is hereby designated as the enforcing agency to discharge the responsibilities of the City under Act 230 of the Public Acts of 1972, State of Michigan. The City of Royal Oak hereby assumes responsibility for the administration and enforcement of said Act throughout its corporate limits.
[Added 5-7-1984 by Ord. No. 84-9; amended 8-20-2007 by Ord. No. 2007-04; 9-10-2018 by Ord. No. 2018-09]
The Construction Board of Appeals shall consist of three members appointed by the City Commission for terms of two years. A member of the Board of Appeals shall be qualified by experience or training to perform the duties of members of the Board.
Two members of the Board of Appeals constitute a quorum. Action may be taken by the Board by an affirmative vote of at least two members of the Board. A meeting of the Board may be called by the Chairman or two members of the Board on written notice not less than two business days in advance of the meeting.
The business that the Board may perform shall be conducted at a public meeting of the Board held in compliance with the Open Meetings Act, MCLA § 15.261 et seq., as amended. Public notice of the time, date, and place of the meeting shall be given in the manner required by the Open Meetings Act, MCLA § 15.261 et seq., as amended.
A writing prepared, owned, used, in the possession of, or retained by the Board in the performance of an official function shall be made available to the public in compliance with the Freedom of Information Act, MCLA 15.231 et seq., as amended.
If the Building Official or his designee refuses to grant an application for a building permit, or makes any other decision pursuant to or related to the Stille-DeRossett-Hale Single State Construction Code Act, as amended, or the State Construction Code, as amended, an interested person or the person's authorized agent may appeal, in writing, to the Board of Appeals. The Board of Appeals shall hear the appeal and render and file its decision with a statement of reasons for the decision not more than 30 days after submission of the appeal. Failure by the Board of Appeals to hear an appeal and file a decision within the time limit is a denial of the appeal for purposes of authorizing an appeal to the State Construction Code Commission. A copy of the decision and statement of the reasons for the decision shall be delivered or mailed, before filing, to the party taking the appeal.
Editor's Note: See MCLA § 125.1501 et seq.
Grant of variance.
After a public hearing, the Board of Appeals may grant a specific variance to a substantive requirement of the Construction Code if the literal application of the substantive requirement would result in an exceptional, practical difficulty to the applicant, and if both of the following requirements are satisfied:
The performance of the particular item or part of the building or structure with respect to which the variance is granted shall be adequate for its intended use and shall not substantially deviate from performance required by the Construction Code of that particular item or part for the health, safety and welfare of the people of this City.
The specific condition justifying the variance shall be neither so general nor recurrent in nature as to make an amendment of the Construction Code with respect to the condition reasonably practical or desirable.
`The Board of Appeals may attach, in writing, any condition in connection with the granting of a variance that in its judgment is necessary to protect the health, safety and welfare of the people of this City. The breach of a condition shall automatically invalidate the variance and any permit, license and certificate granted on the basis of it. In no case shall more than minimum variance from the Construction Code be granted than is necessary to alleviate the exceptional, practical difficulty.
An appeal to the Board of Appeals does not stay a stop construction order issued by the Building Official or his designee, or prevent the Building Official or his designee from seeking an order in a court of competent jurisdiction enjoining the violation of a stop construction order. In other cases, an appeal to the Board of Appeals, or to the State Construction Code Commission pursuant to the Construction Code, as amended, or to a court of competent jurisdiction, shall act as a stay upon an order, determination, decision or action appealed from, unless the Building Official or his designee establishes that immediate enforcement of the order, determination, decision or action is necessary to avoid substantial peril to life or property.