(a) An appeal shall be based on one or both of the following grounds:
(1) The interpretation, ruling or order is erroneous or constitutes an erroneous application of the particular provision of this chapter or related laws and ordinances involved, or is otherwise contrary to law; and/or
(2) A modified application or alternative arrangement is available and feasible where by the strict application of a particular provision or provisions may be modified without defeating the public safety, health and general welfare purpose and intent of the provisions of this chapter and without permitting or constituting a provision for safety or sanitation which would be, or is less safe or sanitary than is required by the state’s Building Code.
(b) A variance from the applicable section of this chapter, the administration thereof, or any rule or regulation made there under, in the specific case, will not be contrary to the public interest, and a literal enforcement of such provisions will result in undue hardship.
(Ord. 15-09, passed 6-2-2009)