§ 19-3. Powers and duties.

The board shall have the following powers:

A.

To hear and decide appeals where it is alleged that there is error in any order, requirement, decision or determination made by the building inspector in the enforcement of this ordinance.

B.

To hold public hearings on and, when in harmony with the general purpose and intent of this ordinance, to recommend to the city council the authorization of the following exceptions to the terms thereof:

1.

The extension of a district where the boundary line thereof divides a lot in a single ownership at the time of the passage of this ordinance.

2.

Interpretation of the provisions of this ordinance in such a way as to carry out the intent and purpose of the plan, as shown upon the district map, where the street layout actually on ground varies from the street layout as shown on the map.

3.

The use of a temporary building in conjunction with construction work only, which temporary building shall be removed promptly upon completion of the construction work.

4.

The reconstruction of a nonconforming building which has been damaged by explosion, fire, act of God or the public enemy, to the extent of more than 50 per cent of its fair market value, where the board finds such 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.

Variation of the parking and loading regulations where it is conclusively shown that the specific use of a building would make necessary the parking and loading spaces otherwise required by this ordinance.

6.

The classification of commercial or industrial uses not specifically listed in the ordinance as to the appropriate district therefor based on the general character of the use and its comparability with other uses specifically permitted in the district.

C.

To recommend to the city council, after public hearing as required by law, the authorization of a variation in the strict application of the regulations with respect to a specific lot where there are practical difficulties or particular hardship in the way of carrying out the strict letter of any of the provisions of this ordinance relating to the use, construction or alteration of buildings or structures or the use of land, where the hardship is clearly demonstrable and not merely an inconvenience to the owner; provided that any such variation shall be authorized only to the extent that justice may be done and provided, further, that the variation can be granted without substantial impairment of the general purposes and intent of the comprehensive plan as established by the regulations.

(Ord. No. 234, 19-3, 8-2-71; Ord. No. 378, § 1, 1-8-79)