§ 2-350. Variances—Authorization; findings.

The construction board of adjustment and appeals, when so appealed to and after a hearing, may vary the application of any provision of this Code to any particular case when, in its opinion, the enforcement thereof would do manifest injustice and would be contrary to the spirit and purpose of this Code or the technical codes or public interest, and also finds all of the following:

(1)

That special conditions and circumstances exist which are peculiar to the building, structure or service system involved and which are not applicable to others.

(2)

That the special conditions and circumstances do not result from the action or inaction of the applicant.

(3)

That granting the variance requested will not confer on the applicant any special privilege that is denied by this Code to other buildings, structures or service systems.

(4)

That the variance granted is the minimum variance that will make possible the reasonable use of the building, structure or service system.

(5)

That the grant of the variance will be in harmony with the general intent and purpose of this Code and will not be detrimental to the public health, safety and general welfare.

(Code 1979, § 42-5.4.2)