§ 154.02  VARIANCES.
   (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)