(A) Powers relative to appeals. The Board shall hear and decide appeals where it is alleged there is an error in any order, requirement, decision or determination made by the Building Inspector in the enforcement of this chapter.
(B) Powers relative to variations.
(1) When, by reason of exceptional narrowness, shallowness or shape of a specific piece of property at the time of adoption of this chapter, or by reason of exceptional topographical conditions or other extraordinary or exceptional situation or condition of a specific piece of property, which condition is not generally prevalent in the area, the strict application of the area regulations would result in peculiar and exceptional practical difficulties or exceptional and undue hardship upon the owner of the property, the Board shall be empowered to authorize upon application in regard to the property, a variation from the district application so as to relieve the difficulty or hardship.
(2) Variations shall be permitted by the Board of Appeals only when they are in harmony with the general purpose and intent of the regulations. In its consideration of the above standards of practical difficulties or particular hardship, the Board of Appeals shall require evidence that:
(a) The property in question cannot yield a reasonable return if permitted to be used only under the conditions allowed by the regulations in that zone;
(b) The plight of the owner is due to unique circumstances; and
(c) The variation, if granted, will not alter the essential character of the locality.
(3) A variation shall be permitted only if the evidence, in the judgment of the Board of Appeals, sustains each of the three conditions enumerated.
(4) The Board of Appeals shall have no authority by virtue of this section to grant variations in whole or in part in respect to the classification, regulation and restriction of the location of trades and industries and the location of buildings designed for specified industrial business, residential and other uses.
(C) Powers relative to exceptions. Upon application, the Board shall be empowered to permit the following exceptions:
(1) To permit the extension of a district where the boundary line of a district divides a lot of record in single ownership;
(2) To permit the reconstruction of a non-conforming building which has been damaged by explosion, fire, Act of God or the public enemy to the extent of more than 50% of its assessed value when the Board finds some compelling public necessity requiring a continuance of the non-conforming use;
(3) To interpret the provision of this chapter where the street layout actually on the ground varies from the street layout as shown on the map fixing the several districts;
(4) To vary parking regulations whenever the character or use of the building is such as to make unnecessary the full provision of parking facilities or when the regulations would impose an unreasonable hardship upon the use of the lot, as contrasted with merely granting an advantage or a convenience; and
(5) To permit any existing non-agriculture building or structure devoted to a use not permitted in the district in which the building or structure is located on the effective date of this chapter, or any subsequent amendment thereto, to be enlarged, extended, reconstructed or structurally altered when the Board finds it to be in the public interest to continue the non-conforming use or finds a need to relieve an undue hardship upon the owner of the property; provided, the continuance of the non-conforming use shall not be extended beyond the lot area occupied by the non-conforming use on the effective date of this chapter or subsequent amendment thereto.
(1994 Code, § 155.168) (Ord. 200, passed 4-28-1969)