Board of variances and appeals rules

112.1 Variance and appeals. The board of variances and appeals shall hear and determine all variance requests and appeals under this code as follows: 112.1.1 Variance. The board of variances and appeals shall hear and determine all variance requests and appeals under this code as follows: 1. That the strict application, operation or enforcement of the code provision or provisions would result in practical difficulty or unnecessary hardship to the applicant; 2. That the granting of the variance shall not be detrimental to the public health, safety or welfare; 3. That the granting of the variance would not be injurious to the adjoining lots and the buildings thereon; and 4. That the granting of the variance would not be contrary to the purposes of this code and the public interest. 112.1.2 Appeals. The board of variances and appeals shall hear and determine all appeals alleging error from any person aggrieved by a decision of the building official in the administration of this code. The board may grant an appeal only if it finds one of the following: 1. That the subject decision or order was based on an erroneous finding of material fact or erroneously applied the law; 2. That the subject decision or order was arbitrary and capricious in its application; or 3. That the subject decision or order was a manifest abuse of discretion. ( Ord. No. 5507 , § 2, 2023) SECTION 113 VIOLATIONS