(a)

Advisory opinions. To render an advisory decision, or opinion, on any matter referred to it by the building inspector, whether or not such matter is expressly or clearly implied by the terms of this chapter as being within the scope of his power and authority to dispose of, when in his judgment, such action would be necessary or helpful in maintaining the spirit and intent of this chapter.

(b)

Variances. The board of appeals, as herein created, is a body of limited powers. Where there are practical difficulties or unnecessary hardships in the way of carrying out the strict letter of this chapter, the board shall have powers in passing upon appeals to vary or modify any of the provisions of this chapter relating to the construction, structural changes in equipment or alteration of buildings or structures, so that the spirit of the chapter shall be observed, public safety secured and substantial justice done.

(c)

Variation in yards, lot area and percentage of lot coverage. To permit variation or modification of yard, lot area and percentage of lot coverage, and floor area requirements of this chapter as may be necessary to secure an appropriate improvement of a parcel of land which is of such size, shape or dimension, or which has such peculiar or exceptional geographical, or topographical conditions that it cannot be appropriately improved without such variation or modification, provided, that the purpose and spirit of this chapter shall be observed, public safety secured and substantial justice done.

(d)

Off-street parking variations. Permit a variation or modification in the required location of off-street parking facilities, if after investigation by the board, it is found that such variation is necessary to secure an appropriate development of a specific parcel of land which has such peculiar or exceptional geographical or topographical conditions, or is of such a size, shape or dimension that it cannot reasonably supply, at that location, the total amount of off-street parking spaces as is required for the particular use, as long as the remaining required off-street parking spaces are supplied within a distance of not more than 500 feet of the building.

(e)

Restrictions on board action. No variance in the provisions or requirements of the chapter shall be authorized by the board unless the board finds evidence that all the following facts and conditions exist:

(1)

That there are exceptional or extraordinary circumstances or conditions applying to the property in question as to the intended use of the property that do not apply generally to other properties in the same zoning district.

(2)

That such variance is necessary for the preservation and enjoyment of a substantial property right similar to that possessed by other properties in the same district and in the same vicinity. The possibility of increased financial return shall not of itself be deemed sufficient to warrant a variance.

(3)

That the authorizing of such variance will not be of substantial detriment to adjacent property, and will not materially impair the intent and purpose of this chapter or the public interest.

(4)

That the condition or situation of the specific piece of property, or the intended use of said property, for which the variance is sought, is not of so general or recurrent a nature as to make reasonably practicable the formulation of a general regulation for such conditions or situations.

(Code 1969, § 5.289; Code 1977, § 28-499)