(A) Authority To Grant Modification: The city council may authorize in specific cases such modification of the terms of the international fire code as adopted as will not be contrary to the public interest where, owing to special conditions, a literal enforcement of the provisions of the code would result in unnecessary hardship. Modifications shall not be granted on the grounds of inconvenience or profit, but only where strict application of the provisions of the international fire code as adopted would result in unnecessary hardship.
(B) Hearing Requirement: The city council, prior to modifying the requirements of the international fire code as adopted, shall conduct a hearing at which interested persons shall have an opportunity to be heard. Property owners adjoining the parcel under consideration shall be notified of the time and place of the hearing, along with a summary of the proposal, at least ten (10) days prior to the hearing unless such notice is waived by all such adjoining property owners.
(C) Application: A modification of the terms of the international fire code as adopted shall not be granted by the city council unless and until a written application for a modification is submitted to the city council containing:
1. Name, address, and phone number of applicants.
2. Legal description of the property.
3. Description of modifications requested.
4. A narrative statement, documentation, and technical support data demonstrating that the building site conforms to all the following standards:
(a) Special conditions and circumstances exist which are peculiar to the land, structure or building involved and which are not applicable to other lands, structures, or buildings.
(b) A literal interpretation of the provisions of the international fire code as adopted would deprive the applicant of rights commonly enjoyed by other properties under the terms of the international fire code as adopted.
(c) Granting the modification requested will not confer on the applicant any special privilege that is denied by the international fire code as adopted to other lands, structures or buildings.
A modification shall not be granted unless the city council makes specific findings of fact based directly on the particular evidence presented to it which support conclusions that the above-mentioned standards and conditions have been met by the applicant.
(D) Modifications Limited: A resolution of the city council modifying the requirements of the international fire code as adopted is not and shall not be construed as modifying any requirements imposed by the state or federal governments.” (Ord. 2022-002, 3-7-2022)