§ 18-60. Variances.

(a)

The construction board of adjustments and appeals, when appealed to and after a hearing, may vary the application of any section of this Code 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 Code or public interest or when, in its opinion, the interpretation of the chief building official should be modified or reversed and the board also finds all of the following:

(1)

Special conditions and circumstances exist which are peculiar to the building, structure or service system involved and which are not applicable to others;

(2)

The special conditions and circumstances do not result from the action or inaction of the applicant;

(3)

Granting the variance requested will not confer on the applicant any special privilege that is denied by this Code to other buildings, structures or service system;

(4)

The variance granted is the minimum variance that will make possible the reasonable use of the building, structure or service system; and

(5)

The grant of the variance will be in harmony with the general intent and purpose of this Code and will not be detrimental to the public health, safety and general welfare.

(b)

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 this Code. Violation of the conditions of a variance shall be deemed a violation of this Code.

(c)

A request for a variance shall be in writing and filed within 30 calendar days after the decision is rendered by the chief building official. A request for a variance shall be in a form acceptable to the chief building official.

(Code 1967, § 7-10(c)(1); Ord. No. 5751, § 3, 1-31-91; Ord. No. 5965, § 1, 5-23-91; Ord. No. 5948, § 1, 8-1-91; Ord. No. 7330, § 1, 6-8-95)