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(A) The Board shall have the power, with respect to single family residences, to grant a variance from the terms of Chapters 4, 5 and 6 of this code upon the hearing of a citation for its violation.
(B) Before any such variance is granted, the Board must find that the granting of the variance:
(1) Will not adversely affect the public health, safety or welfare;
(2) Will not cause a hazard or nuisance to the public;
(3) Will not permit unreasonable circumvention of the requirements of the code; and
(4) That the building which is the subject of the alleged violation is more than 30 years old.
(C) In making its findings the Board must consider:
(1) That the variance arises from special circumstances which do not generally apply to buildings in the same general vicinity;
(2) The strict application of the provisions of the code would create an unnecessary hardship on the violator; and
(3) The circumstances are the result of actions taken before the adoption of the Code.
(D) The Board shall not grant a variance if circumstances have arisen that are the result of a willful violation of the Code by the alleged violator.
(Ord. O-11-03, passed 6-10-03)