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(1) That there are special circumstances or conditions applying to the land or building <br /> for which the variance is sought, which circumstances or conditions are peculiar <br /> to such land or building and do not apply generally to lands or buildings in the <br /> neighborhood or surrounding property, and that the circumstances or conditions <br /> are such that the strict application of the provisions of this [chaptcr] code would <br /> deprive the applicant of the reasonable use of the land or building; <br /> (2) That the granting of the variance is necessary for the reasonable use of the land or <br /> building and that the variance granted is the minimum variance that will <br /> accomplish this purpose; and <br /> (3) That the granting of the variance will be consistent with the intent and purpose of <br /> this [chaptcr,] code, and will not be injurious to persons or property or create <br /> additional fire hazards, and will not otherwise be detrimental to the public <br /> welfare. In making its determination, the board of appeals shall take into account <br /> the character, use and type of occupancy and construction of adjoining buildings, <br /> buildings on adjoining lots, and the building or land involved. <br /> Section 9 -18. Appeals regarding alternative materials and methods of construction. <br /> Any person denied the use of new or alternate materials, methods of construction, <br /> equipment, fixtures, devices, or appliances by the [administrative authority,] authority having <br /> jurisdiction, may, within thirty days after the authority having jurisdiction's decision, appeal the <br /> decision to the board of appeals. In considering an appeal, the board may require any reasonable <br /> test of the proposed material, method of construction, equipment, fixture, device, or appliance, <br /> and the appellant shall pay all expenses necessary for the test. The board of appeals may affirm <br /> the decision of the [administrative authority,] authority having jurisdiction, or it may reverse the <br /> decision if it finds: <br /> (1) That the new or alternate materials, methods of construction, equipment, fixtures, <br /> devices, or appliances meet standards established by this [chapter;]code; <br /> (2) That permitting the requested use will not jeopardize the safety of persons or property; <br /> and <br /> (3) That the requested use will not be contrary to the intent and purpose of this <br /> [chapter.] code. <br /> Section 9 -19. Other appeals. <br /> Any person aggrieved by the decision of the [administrative authority] AHJ in the <br /> administration or application of this [chapter,]code, other than that prescribed in sections 9 -17 <br /> and 9 -18, may, within thirty days after the date of the administrative authority's decision, appeal <br /> the decision to the board of appeals. The board of appeals may affirm the decision of the <br /> [administrative authority,]AHJ, or it may reverse or modify the decision if the decision is: <br /> (1) In violation of this [chapter]code or other applicable law; <br /> (2) Clearly erroneous in view of the reliable, probative, and substantial evidence on <br /> the whole record; or <br /> (3) Arbitrary, or capricious, or characterized by an abuse of discretion or clearly <br /> unwarranted exercise of discretion. <br /> 11 <br />