§ 17.52.030. Powers of board

A. Alleged Error. The board of adjustment shall have the power to hear and decide appeals wherein it is alleged that there is error in any requirement of decision made by the building inspector in the enforcement of this title.

B. Variances. The board of adjustment shall have the power to authorize in specific cases such variances from the terms of this title as will not be contrary to the public interest where, due to special conditions, a literal enforcement of the provisions of this title will result in unnecessary hardship. Before a variance can be granted, the board of adjustment must find upon the evidence before it that three conditions exist: (1) Special circumstances do actually attach to the particular property covered by the application which do not apply generally to the other properties in the same zone. (2) That because of said special circumstances, the applicant's property is deprived of privileges possessed by other properties in the same zone. (3) The granting of such variance will not substantially affect the comprehensive plan of zoning in the town and that adherence to the strict letter of this title will cause difficulties and hardships, the imposition of which is unnecessary in order to carry out the purposes of the zoning plan.

C. Exceptions. The board of adjustment shall also have the power to hear, decide, and grant or refuse to grant the following special exceptions or questions in accordance with the provisions of this title pertaining thereto:

1. Where a zone boundary line divides a lot or parcel of land of record at the effective date of the ordinance codified in this title into more than one zone, the board of adjustment may permit the extension of a use authorized in either zone to include the entire lot, but not to an extent of more than fifty (50) feet, provided that there shall be no impairment in the intent and purpose of the zoning plan, and provided that the values of the surrounding property will be fully safeguarded.

2. Where a parcel of land at the time of the passage of the ordinance codified in this title is at least one and three-fourths times as large in area as required for a lot in the zone in which it is located, the board of adjustment may permit the division of such parcel into two lots, provided the objectives and characteristics of the zone will be maintained.

3. If a building is replaced, the replaced building must comply with all the provisions of this title unless a special ruling is made by the board of adjustment. Before the board of adjustment can make a special ruling, it must be shown by the evidence before it, that the granting of such an exception will not substantially affect the comprehensive plan of zoning in the town and that adherence to the strict letter of this title will cause difficulties and hardships, the imposition of which is unnecessary in order to carry out the purposes of the plan.

4. The board of adjustment may permit a dwelling to be built upon a lot which does not have a frontage on a street, provided the entire front of the dwelling can be viewed from a public street and the dwelling is located at least sixteen (16) feet from the nearest building on the same or adjoining lot and the dwelling will not increase the hazard from fire nor unduly increase the need for police protection nor cause undue concentration of population.

5. Where uncertainty exists with respect to the zone boundary lines which cannot be resolved by application of the rules as set forth in this title, the board of adjustment shall establish the zone boundary line.

6. The board of adjustment may permit buildings mentioned in the FC-1 zone provided measures are taken which will adequately protect the building or structure from damage to surrounding lands and buildings, and will be located in accordance with the plan of flood drainage as approved by the common council.

7. The board of adjustment may reduce the requirements for off-street parking, and may increase the distance of the parking space from the building provided it can be shown that a literal enforcement of the provisions of this title will result in a substantial injustice or hardship to the petitioner. In rendering a decision, the board of adjustment shall balance the interest of the public in maintaining adequate parking facilities with the interest of the petitioner in the use of his property. (Zoning ordinance, §§ 7-7—7-7-3)