When a property owner shows that a strict application of the terms of the zoning title relating to the use, construction or alteration of buildings or structures, or to the use of land, imposes upon him practical difficulties or particular hardship, then the board may make such variations of the strict application of the terms of the zoning title as are in harmony with its general purpose and intent when the board is satisfied, under the evidence heard before it, that a granting of such variation will not merely serve as a convenience to the applicant, but is necessary to alleviate some demonstrable hardship or difficulty so great as to warrant a variation in the following instances:
(A) To permit the extension of a district where the boundary line of a district divides a lot in single ownership as shown on record.
(B) To permit the reconstruction of a nonconforming building which has been destroyed or damaged to an extent of more than fifty percent (50%) of its value, by fire, or act of God, or the public enemy, where the board shall find some compelling public necessity requiring a continuation of the nonconforming use, but in no case shall such a permit be issued if its primary function is to continue a monopoly.
(C) To permit the erection and use of a building or the use of premises in any location for a public service corporation for public utility purposes which the board deems reasonably necessary for the public convenience or welfare.
(D) To make a variance where, by reason of an exceptional situation, surroundings or condition of a specific piece of property, or by reason of exceptional narrowness, shallowness or shape of a specific piece of property of record, or by reason of exceptional topographical conditions the strict application of any provision of the zoning title would result in peculiar and exceptional practical difficulties or particular hardship upon the owner of such property and amount to a practical confiscation of property, as distinguished from a mere inconvenience to such owner, provided such relief can be granted without substantial detriment to the public good and without substantially impairing the general purpose and intent of the comprehensive plan as established by the regulations and provisions contained in the zoning title.
(E) To interpret the provisions of the zoning title where the street layout actually on the ground varies from the street layout as shown on the district map fixing the several districts.
(F) To extend the period within which a nonconforming commercial or industrial use is to be removed from a dwelling district, when the owner or owners can furnish substantial proof that the building was so extensively remodeled, reconstructed or structurally altered after the original construction that it practically resulted in a new building, but such extension of the period shall not exceed forty (40) years from the date of such remodeling, reconstruction or structural alteration.
(G) To waive the parking requirements in the outlying business or the industrial districts whenever the character or use of the building is such as to make unnecessary the full provision of parking facilities or where such regulations would impose an unreasonable hardship upon the use of the lot, as contrasted with merely granting an advantage or a convenience.
(H) To permit land within two hundred feet (200') of a multiple dwelling to be improved for the parking spaces required in connection with a multiple dwelling, but only when there is positive assurance that such land will be used for such purpose during the existence of, and for the use of the occupants of, the multiple dwelling.
(I) To permit a lot or tract to be subdivided and used by more than one main building even though the width of the lot and other similar requirements may not be fully complied with, but only when the distances between the proposed use and other existing structures or lot lines conform to the minimum requirements of the district in which the lot is located and when adequate vehicular access can be provided. (Ord. 215, 9-17-1962)
A variance to construct or alter any building or structure granted pursuant to this section shall terminate and shall be null and void unless construction of such building or structure shall be substantially complete within one year from the date the variance was granted by the zoning board of appeals or within such other period of time specifically approved by the zoning board of appeals at the time the variance is granted. The vote required to grant a specific period of time for completion pursuant to this paragraph shall be by majority vote of the zoning board of appeals. (Ord. 499, 12-8-1998)