The Board when so appealed to and after a hearing, may alter the application or any provision of the technical codes to any particular case when, in its opinion, the enforcement thereof would do manifest injustice or would be contrary to the spirit and purpose of these or the technical codes or public interest, and also finds the following:
(a) That special conditions and circumstances exist which are peculiar to the building, structure or service system involved which are not generally applicable to other buildings, structures, or service systems.
(b) That the special conditions and/or circumstances do not result from the willful action or inaction of the applicant.
(c) That granting a request will be based upon a decision that the true intent and scope of the codes in question is met, and that alternate materials, methods, or means of construction provide an equivalent level of protection.
(d) That the request granted is the minimum action that will make possible the reasonable use of the building, structure or service system.
(e) That the grant of the request will be in harmony with the general intent and purpose of the technical codes and will not be detrimental to the public health, safety and general welfare.
(Ord. 26-2015. Passed 10-20-15.)