§ 14-51. Variance.

(a)

An owner, or agent thereof, whose structure(s) has been inspected, may apply to the building code board of examiners and appeals for a hearing, no later than ninety (90) days after the notice of violation is issued, for consideration of receiving a specific variance to a requirement of this article that is identified as a violation or correction order in the notice of violation(s). The building code board of examiners and appeals may grant a specific variance to any requirement of this article if the literal application of a requirement would result in practical difficulty for compliance with the particular section(s) at issue. No variance shall be granted if same would result in either the purpose or the intent of the particular section(s) at issue being abrogated. The building code board of examiners and appeals may attach in writing any conditions in connection with the granting of a variance that, in its judgment, are necessary to protect the health, safety and welfare of the people of the city. In authorizing a variance, the board shall require such evidence as it may deem necessary to insure that the purpose and intent of the particular section(s) at issue will be satisfied. In reviewing a request for a variance, the board shall consider the following to determine whether practical difficulty exists:

(1)

Whether there are exceptional or extraordinary conditions applying to the property that do not apply to other similar properties;

(2)

Whether the exceptional or extraordinary conditions resulted from the action of the property owner;

(3)

Whether there exists alternative or equivalent methods or materials that would allow the purpose and intent of the particular section(s) at issue to be satisfied;

(4)

Whether strict compliance with the ordinance [this chapter] requirements would be unreasonably burdensome on the property owner;

(5)

Whether strict compliance with the ordinance [this chapter] requirements would cause a financial hardship for the property owner;

(6)

Whether the granting of a variance would result in a substantial detriment to the property; and

(7)

Whether the variance requested is the minimum variance possible that would still allow the purpose and intent of the particular section(s) at issue to be met.

(b)

An owner, or agent thereof, whose building, structure, or dwelling has been determined to be unfit for human habitation by the chief building official and where a notice to vacate has been served under section 14-46, may appeal the determination of the chief building official to the building code board of examiners and appeals for a hearing to determine if the notice to vacate should be upheld or discharged. The building code board of examiners and appeals shall uphold the notice to vacate if it determines that the building, structure, or dwelling is unfit for human habitation or discharge the notice to vacate if it determines that the building, structure, or dwelling is fit for human habitation.

(Code 1977, § 8.613; Ord. No. 90-18, § 1, 9-11-90; Ord. No. 2012-03, § 1, 2-21-12; Ord. No. 2014-23, § 2, 9-23-14, eff. 10-23-14; Ord. No. 2015-16, § 2, 9-22-15)