§ 6-47. Appeals.

(a)

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 (1) of the following conditions are claimed to exist:

(1)

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.

(2)

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

(3)

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

(4)

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

(b)

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:

(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 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.

(4)

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

(5)

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.

(c)

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 shall 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 shall be deemed a violation of the construction codes.

(d)

Notice of appeal. Notice of appeal shall be in writing and filed within thirty (30) calendar days after the building official renders the decision. Appeals shall be in a form acceptable to the building official.

(e)

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.

(f)

[Fees.] The fee assessed pursuant to this section is as referenced on the fee schedule in the City of Cartersville Code, section 17-90(b).

(Ord. No. 37-01, § 6, 9-6-01; Ord. No. 45-05, § 5, 7-7-05)