2.19.090 – Procedures for appeals or variations

  1. The Board shall meet and conduct a hearing on the Application no later than forty-five (45) days from the filing thereof, which may be continued from time to time.  At said hearing, the applicant, officers, and employees of the City and any other interested person may present relevant evidence or argument pertaining to the relief requested.
  2. At the conclusion of hearings pertaining to Appeals, the Board shall sustain, modify, or overrule the Decision.  The Board shall modify or overrule a Decision only if it finds that the Decision was in error or otherwise contrary to the requirements of the Building Regulations in the following respect(s):
    1. The Building Regulations have been incorrectly applied or interpreted.
    2. The unique circumstances of the particular situation clearly warrant a different application or interpretation of the Building Regulations.
    3. The applicant has proposed a better standard or method that comports with the intent of the Building Regulations, and offers greater protection of the public health, safety, and welfare.

    ​If the Board finds that the Decision is in full compliance with the Building Regulations, it shall sustain the Decision and deny the Appeal even if it finds such Building Regulation is undesirable.  In that event, the Board may recommend to the City Council that the Building Regulations be amended, but it shall not modify or sustain an Appeal as an alternative to such amendment.

  3. At the conclusion of hearings pertaining to Variations, the Board shall grant or deny the Variation, and issue a written report of its findings of fact.
(2008-M-91: § 2)