§ 11.03.02. Determination of forum.

Depending upon the nature of the variance sought, the petition shall be submitted to either the board of adjustments and appeals or the construction board. The director of planning and development shall make the initial determination as to which board shall hear the petition based upon the criteria provided in this part. Should the applicant disagree with the determination of the director, the variance shall be submitted to the board of adjustments and appeals which may either hear the petition or determine that the construction board is the more appropriate forum and transfer the petition to that board. In the event of such a determination of transfer, the subsequent hearing before the construction board need not be again advertised provided the date, time and location are correctly announced in the open meeting of the board of adjustments and appeals at which the original public notice was directed. No decision of either board shall be subject to reversal as a result of an incorrect determination of forum by either the director or the board of adjustments and appeals. The criteria for the forum determination shall be as follows:

A.

The construction board shall hear those petitions which request a variance from a building code, standard, structure or material requirement. The construction board shall also hear those petitions requesting a variance to allow use of alternate building materials or practices and those requests that are governed by section 11.03.05.

B.

The board of adjustments and appeals shall hear all petitions for variances not described in subsection A, above.