When a property owner shows that a strict application of the terms of this chapter relating to the use, construction, or alteration of buildings or structures, or to the use of land, imposes upon him practical difficulties or particular hardship, then the board may make such variations of the strict application of the terms of this chapter as are in harmony with its general purposes and intent when the board is satisfied, under the evidence heard before it, that a granting of such variation will not merely serve as a convenience to the applicant, but is necessary to alleviate some demonstrable hardship or difficulty so great as to warrant a variation in the following instances:

(1)

To permit the extension of a district where the boundary line of a district divides a lot in a single ownership as shown on record;

(2)

To permit the reconstruction of a nonconforming building which has been destroyed or damaged to an extent of more than 50 percent of its value by fire, or act of God, or the public enemy, where the board finds some compelling public necessity requiring a continuation of the nonconforming use, but in no case shall such a permit be issued if its primary function is to continue a monopoly;

(3)

To permit the erection and use of a building or the use of premises in any location for a public service corporation for public utility purposes which the board deems reasonably necessary for the public convenience or welfare;

(4)

To make a variance where, by reason of an exceptional situation, surroundings, or condition of a specific piece of property, or by reason of exceptional narrowness, shallowness or shape of a specific piece of property of record, or by reason of exceptional topographical conditions, the strict application of any provision of this chapter would result in peculiar and exceptional practical difficulties or particular hardship upon the owner of such property and amount to a practical confiscation of property, as distinguished from a mere inconvenience to such owner, provided such relief can be granted without substantial detriment to the public good and without substantially impairing the general purpose and intent of the comprehensive plan as established by the regulations and provisions contained in this chapter;

(5)

To interpret the provisions of this chapter where the street layout actually on the ground varies from the street layout as shown on the district map fixing the several districts;

(6)

To extend the period within which a nonconforming commercial or industrial use is to be removed from a dwelling district, when the owner can furnish substantial proof that the building was so extensively remodeled, reconstructed or structurally altered after the original construction that it practically resulted in a new building, but such extension of the period shall not exceed 40 years from the date of such remodeling, reconstruction, or structural alteration;

(7)

To permit a lot or tract to be subdivided and used by more than one main building even though the width of the lot and other similar requirements may not be fully complied with, but only when the distances between the proposed use and other existing structures or lot lines conforms to the minimum requirements of the district in which the lot is located and when adequate vehicular access can be provided.

(Code 1987, § 18.44.010; Ord. No. 66-3, § 78, 7-21-1966)

(a)

In considering all appeals and all proposed variations to this chapter, the board shall, before making any variation from this chapter in a specific case, first determine that the proposed variation will not impair an adequate supply of light and air to adjacent property, or unreasonably increase the congestion in public streets, or increase the danger of fire or endanger the public safety, or unreasonably diminish or impair established property values within the surrounding area, or in any other respect impair the public health, safety, comfort, morals or welfare of the inhabitants of the village. The concurring vote of four members of the board shall be necessary to reverse any order, requirement, decision or determination of the building inspector, or to decide in favor of the applicant any matter upon which it is authorized by this chapter to render a decision.

(b)

The board shall make no recommendation except in a specific case and after a public hearing conducted by the board. A notice of the time and place of such public hearing shall be published in a paper of general circulation in the village at least 15 days previous to the hearing. Such notice shall contain the address or location of the property for which the variation or other ruling by the board is sought, as well as a brief description of the nature of the appeal.

(Code 1987, § 18.44.020; Ord. No. 66-3, § 79, 80, 7-21-1966)