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Chapter 300 — Buildings, Article 9 — Construction Board of Adjustment and Appeals

Code as publishedas of 2025-03-10

Our copylast checked 2026-10-19 · re-check pendingA newer version is published (amended through 2026-01-12). Our copy does not yet carry it.

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§ 309-1

Appointment

Appointment The Board of Appeals will act as the construction board of adjustment and appeals. The Director will be an ex-officio member of the Board of Appeals, without voting privileges, when any matter concerning this article is heard by the board of appeals.

§ 309-2

Powers

Powers The construction board of adjustments and appeals has the power, as further defined in Sec. 309-3, to hear the appeals of decisions and interpretations of the Building Official and consider variances of the construction codes.

§ 309-3

Appeals

309-3.1. Decision of the Building Official

The owner of a building, structure or service system, or his duly authorized agent, may appeal a decision of the Building Official to the construction board of adjustment and appeals whenever any one of the following conditions are claimed to exist:

A.The Building Official rejected or refused to approve the mode or manner of construction proposed to be followed or materials to be used in the installation or alteration of a building, structure or service system.

B.The provisions of the construction codes do not apply to this specific case.

C.That an equally good or more desirable form of installation can be employed in any specific case.

D.The true intent and meaning of the construction codes or any of the regulations thereunder have been misconstrued or incorrectly interpreted.

309-3.2. Variances

The construction board of adjustments and appeals, when so appealed to and after a hearing, may vary the application of any provision of the construction 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:

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

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

Sec. 309-4. Rules and Regulations

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

D.That the variance granted is the minimum variance that will make possible the reasonable use of the building, structure or service system.

E.That the grant of the variance will be in harmony with the general intent and purpose of the construction codes and will not be detrimental to the public health, safety and general welfare.

309-3.3. Condition of Variances

In granting the variance, the board may prescribe a reasonable time limit within which the action for which the variance is required must be commenced or completed or both. In addition, the board may prescribe appropriate conditions and safeguards in conformity with the construction codes. Violation of the conditions of a variance will be deemed a violation of the construction codes.

309-3.4. Notice of Appeal

Notice of appeal must be in writing and filed within 30 days after the Building Official renders the decision. Appeals must be in a form acceptable to the Building Official.

309-3.5. Unsafe or Dangerous Buildings or Service Systems

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

§ 309-4

Rules and Regulations

Rules and Regulations The board must establish rules and regulations for its own procedure not inconsistent with the provisions of these procedures. The board must meet on call of the chairman. The board must meet within 30 days after notice of appeal has been received.

Decisions.

The construction board of adjustment and appeals must, in every case, reach a decision without unreasonable or unnecessary delay. Each decision of the board must also include the reasons for the decision. 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 the construction codes, the Building Official must immediately take action in accordance with such decision. Every decision must be promptly filed in writing in the office of the Building Official and must be open to public inspection. A certified copy of the decision must be sent by mail or otherwise to the appellant and a copy must be kept publicly posted in the office of the Building Official for two weeks after filing. Every decision of the board will be final, subject however to such remedy as any aggrieved party might have at law or in equity.