§ 18-14. Appeals.

(a)

An application for appeal shall be based on a claim that the true intent of this Code or the rules legally adopted thereunder have been incorrectly interpreted, the provisions of this Code do not fully apply or an equally good or better form of construction is proposed. The city officials and mayor/council shall have no authority to waive requirements of the adopted codes.

(b)

The owner of a building, structure or service system, or his duly authorized agent, may appeal a decision of the building safety division to the director of the planning, zoning and economic development department.

(c)

The owner of a building, structure or service system, or his duly authorized agent, may subsequently appeal the upheld decision of the building safety division by the director of the planning and community development department to the board of zoning appeals (BZA) rather than mayor and council as referenced in other sections of this Code. The BZA, when so appealed to and after a hearing, may vary the application of any provision of the codes 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 or the construction codes or public interest, and also finds all of the following:

(1)

That special conditions and circumstances exist which are peculiar to the building, structure or service system involved and which are not applicable to others;

(2)

That the special conditions and circumstances do not result from the action or inaction of the applicant;

(3)

That granting the appeal requested will not confer on the applicant any special privilege that is denied by the construction codes to other buildings, structures or service system;

(4)

That the appeal granted is the minimum that will make possible the reasonable use of the building, structure or service system;

(5)

That the grant of the appeal will be in harmony with the general intent and purpose of the codes and will not be detrimental to the public health, safety and general welfare;

(6)

In granting the appeal, the mayor/council may prescribe a reasonable time limit within which the action shall be commenced or completed or both. In addition, the mayor/council may prescribe appropriate conditions and safeguards in conformity with the codes. Violation of the conditions of an appeal shall be deemed a violation of the codes.

(d)

Notice of appeal of decisions of the community development department shall be in writing and filed within 20 calendar days after the department renders its decision. Appeals shall be in a form acceptable to the community development department.

(e)

In the case of a building, structure, or service system, which, in the opinion of the community development department, is unsafe, unsanitary or dangerous, the building official may, in his order, limit the time for such notice of appeals to a shorter period.

( Ord. No. 03-2014, § 1(Exh. A), 5-28-14 ; Ord. No. 3-A-2015 , § 1(Exh. A), 4-27-15)