(a) The board shall hear requests for variances where it is alleged that the provisions of the Building Code inflict unnecessary hardship upon the appellant. The Board may grant a variance provided the following findings are made, where relevant, in a given case:
(1) That there are unique physical circumstances or conditions to the particular property, and that the necessary hardship is due to such conditions, and not the circumstances or conditions generally created by the provisions of the Building Code;
(2) That because of such physical circumstances or conditions, there is no possibility that the property can be developed in strict conformity with the provisions of the Building Code and that the authorization of a variance is therefore necessary to enable the reasonable use of the property;
(3) That such unnecessary hardship has not been created by the appellant;
(4) The that variance, if authorized, will not alter the essential character of the neighborhood or district in which the property is located, nor substantially or permanently impair the appropriate use or development of adjacent property, nor be detrimental to the public welfare; and
(5) That the variance, if authorized, will represent the minimum variance that will afford relief and will represent the least modification possible of the regulation in issue.
(b) In granting any variance, the Board may attach such reasonable conditions and safeguards as it may deem necessary to implement the purposes of the Building Code.
(c) Special Exceptions. The Board shall hear and decide requests for all special exceptions as provided in this section and in accordance with such standards and criteria contained in this section. In granting a special exception, the Board may attach such reasonable conditions and safeguards, in addition to those expressed in the section, as it may deem necessary to implement the purposes and intent of the Building Code.
(Ord. 0-1508. Passed 5-12-15.)