Chapter 2.88
BOARD OF APPEALS
2.88.010 Creation.
In order to determine the suitability of alternate materials and types of construction and to provide for reasonable interpretations of the provisions of the codes hereinafter enumerated, a board of appeals is hereby created:
(a) Uniform Building Code, Volume I, as printed by the International Conference of Building Officials and adopted by the city;
(b) Uniform Building Code, Volume III, Housing, as printed by the International Conference of Building Officials and adopted by the city;
(c) Uniform Building Code, Volume IV, Dangerous Buildings, as printed by the International Conference of Building Officials and adopted by the city;
(d) Uniform Plumbing Code, as published by the International Association of Plumbing and Mechanical Officials and adopted by the city;
(e) Uniform Mechanical Code, Volume II, as printed by the International Conference of Building Officials and the International Association of Plumbing and Mechanical Officials and adopted by the city;
(f) Uniform Building Code, Volume V, Signs, as printed by the International Conference of Building Officials and adopted by the city;
(g) National Electrical Code, as printed by the National Fire Protection Association and adopted by the city;
(h) Uniform Fire Code, as recommended by the Western Fire Chiefs Association, Inc., and the International Conference of Building Officials and as adopted by the city. (Ord. 944 § 1, 1980; Ord. 820 § 1, 1972; Ord. 816 § 1, 1971).
2.88.020 Membership.
The board of appeals shall be composed of five members who shall be qualified by experience and training to pass upon matters pertaining to building construction, and who shall be appointed by the city council and shall hold office at the pleasure of the council. The building official shall act as secretary to the board of appeals. (Ord. 816 § 2, 1971).
2.88.030 Term of office.
Of the members first appointed, two shall be for the term of four years; one for the term of three years; one for the term of two years and one for the term of one year commencing on the first Monday in February, 1972. Thereafter, on the first Monday in February, their successors shall be appointed for a term of four years. If vacancies occur, otherwise than by expiration of term, they shall be filled by appointment for the unexpired portion of the term. (Ord. 816 § 3, 1971).
2.88.040 Powers and duties.
(a) The board of appeals shall hear appeals from all decisions of the building official or fire chief, including the denial of a variance from the provisions of this chapter, and shall also hear requests for variances from any provision of this chapter referred to it by the building official or fire chief. Upon such reference, or upon appeal, it shall have the same power as the building official or fire chief to grant such variances and impose conditions thereon.
(b) Appeals to the board of appeals shall be in writing and shall be filed with its secretary within ten days after written notice of the decision of the building official or fire chief has been mailed to the applicant. The board of appeals shall hear appeals and applications for variances referred to it by the building official or fire chief after not less than five days’ notice in writing to the building official or fire chief and the appellant or applicant; excepting, any appeals under the Uniform Building Code, Volume IV, Dangerous Buildings, shall be in accordance with Chapters 5, 6 and 7 as set forth therein.
(c) The board of appeals shall also, upon an order of the city council, review plans and specifications for the construction or alteration of city buildings and structures and make its recommendations thereon to the council.
(d) Members of the board of appeals shall serve without compensation, but shall receive their actual and necessary travel expenses in the performance of their duties. (Ord. 820 § 2, 1972: Ord. 816 § 4, 1971).
2.88.050 Variances.
(a) The building official shall have the power, in specific cases, to grant variances not in conflict with state law from any provision of this chapter or of the uniform codes adopted by the city whenever he finds that all of the following exist:
(1) That special circumstances exist in a particular case, and that practical difficulties or unnecessary hardship would result from the strict interpretation and enforcement of any such provision;
(2) That the granting of a variance would not result in unsafe or unsanitary construction, design, or conditions, or create a nuisance, or endanger the public health, safety or welfare.
(b) In granting any variance the building official may impose such conditions thereon as will, in his opinion, substantially secure the objectives of the regulation or provision to which such variance is granted.
(c) Applications for variances shall be made in writing on a form prescribed by the building official, whose findings and decision thereon shall be in writing and filed in his office.
(d) The building official may, in his discretion, decline to decide any application for a variance, and may refer the same for decision to the board of appeals, which shall, upon such reference, have the same power as the building official to grant such variance.
(e) An applicant dissatisfied with the decision of the building official shall have the right to appeal to the board of appeals by filing with the clerk or secretary of the board his appeal in writing. (Ord. 816 § 5, 1971).