(A) The chief may grant variances from any of the provisions of this chapter or the IFC, upon written application for variance by the owner or lessee, or the duly authorized agent of the owner or lessee, whenever the chief finds that there are practical difficulties in carrying out the strict letter of this chapter or the IFC; provided, however, that the spirit of this chapter or the IFC shall be observed, public safety secured, and substantial justice done in any variance so granted. If an application for variance is denied by the chief, the applicant shall be notified of such denial in writing with the reasons for such denial. The chief may set reasonable conditions upon any variance granted hereunder.
(B) Any applicant for a variance whose application has been denied shall have the right to appeal such denial to the mayor within ten days after the denial is issued by the bureau. Upon hearing with reasonable notice to the applicant and to the chief, the mayor may either affirm the denial or return the application to the bureau for further consideration. An application so returned shall be reconsidered by the chief, and a variance may be granted with such reasonable conditions as the chief may establish, or the chief may refuse to grant a variance after such reconsideration.
(C) If the mayor affirms the denial of the application, or if the application has been returned to chief but has been denied by the chief upon reconsideration, the applicant shall have the right to appeal such denial to the Circuit Court of Vermilion County within 15 days after the final action appealed from. The sole issue on appeal is whether or not the denial of the application was contrary to the manifest weight of the evidence presented to the chief at the time of the application in light of the purposes and intent of this chapter or the IFC and applicable laws of the city and state pertaining to fire prevention and life safety protection.
(Ord. 7356, passed 10-4-88; Am. Ord. 8344, passed 3-2-04; Am. Ord. 9135, passed 2-6-18)