The Construction Board of Appeals may grant a specific variance from substantive requirements of the Code if the literal application of the substantive requirements would result in an exceptional, practical difficulty to the applicant, and if both of the following requirements are satisfied:
(A) The performance of the particular item or part of the building or structure with respect to which the variance is granted shall be adequate for its intended use and shall not substantially deviate from performance required by the Code of that particular item or part for the health, safety, and general welfare of the people of this state.
(B) The specific condition justifying the variance shall be neither so general nor recurrent in nature as to make an amendment of the Code with respect to the condition reasonably practical or desirable.
(C) The Construction Board of Appeals may attach in writing any condition in connection with the granting of a variance that in its judgment is necessary to protect the health, safety and welfare of the people of this state. The breach of a condition shall automatically invalidate the variance and any permits, license, and certificate granted on the basis of it.
(D) In no case shall more than minimum variance from the Code be granted than is necessary to alleviate the exceptional, practical difficulty.
(Ord. 15-06, passed 10-28-2015)