§ 6-94. Powers and duties.

The board of adjustment shall have the following powers and it shall be its duty:

(1)

To hear and decide appeals where it is alleged there is error of law in any order, requirement, decision or determination made by the building commissioner or city engineer in the enforcement of this article.

(2)

To permit the extension of a district where the boundary line of a district divides a lot held in a single ownership at the time of the passage of the ordinance from which this subsection is derived [July 11, 1966].

(3)

To interpret the provisions of this article in such a way as to carry out the intent and purpose of the plan, as shown upon the map fixing the several districts accompanying and made a part of this article where the street layout actually on the ground varies from the street layout as shown on the map aforesaid.

(4)

To permit the reconstruction of a nonconforming building which has been damaged by explosion, fire, act of God, or public such enemy, to the extent of less than 60 percent of its fair market value, where the board finds some compelling necessity requiring a continuance of the nonconforming use and the primary purpose of continuing the nonconforming use is not to continue a monopoly.

(5)

To permit a variation in the yard requirements of any district where there are unusual practical difficulties or unnecessary hardships in the carrying out of these provisions due to irregular shape of the lot, topographical or other conditions, provided such variation will not seriously affect any adjoining property or the general welfare.

(6)

To authorize upon appeal, whenever a property owner can show that a strict application of the terms of this article relating to the use, construction or alteration of buildings or structures or the use of the land will impose upon him unusual practical difficulties or particular hardship, such variations of the strict application of the terms of this article as are in harmony with its general purpose and intent but only when the board is satisfied that a granting of such variation will not merely serve as a convenience to the applicant but will alleviate some demonstrable and unusual hardship or difficulty so great as to warrant a variation from the comprehensive plan as established by the city, and at the same time the surrounding property will be properly protected.

(7)

To vary the parking regulations of the zoning ordinance whenever the character or use of a building is such as to make unnecessary the full provision for 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.

(Code 1973, app. A, art. XIX, § 4)