A.    Powers Relative to Errors. The board shall hear and decide appeals where it is alleged there is an error in any order, requirement, decision or determination made by the building inspector in the enforcement of this zoning code.

    B.    Powers Relative to Variations. When, by reason of exceptional narrowness, shallowness or shape of a specific piece of property at the time of adoption of this zoning code, or by reason of exceptional topographical conditions or other extraordinary or exceptional situation or condition of a specific piece of property, which condition is not generally prevalent in the area, the strict application of the area regulations would result in peculiar and exceptional practical difficulties or exceptional and undue hardship upon the owner of such property, upon application in regard to such property, there shall be a public hearing before the board to determine the appropriateness of granting a variation from such zoning district regulations so as to relieve such difficulty or hardship, following publication of notice of the hearing as provided in Section 17.08.030.

    C.    Powers Relative to Exceptions. Upon application, being filed with the city clerk to request that a permit be granted by the city council for the following exceptions, the board shall conduct a public hearing and make recommendations regarding the same to the city council:

    1.    To permit the extension of a district where the boundary line of a district divides a lot of record in single ownership;

    2.    To permit 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 fifty (50) percent of its assessed value when the board finds some compelling public necessity requiring a continuance of the nonconforming use;

    3.    To interpret the provision of this title where the street layout actually on the ground varies from the street layout as shown on the map fixing the several districts;

    4.    To vary parking regulations whenever the character or use of the building is such as to make unnecessary the full provision of parking facilities or when such regulations would impose an unreasonable hardship upon the use of the lot, as contrasted with merely granting an advantage or a convenience;

    5.    To permit any existing nonagriculture building or structure devoted to a use not permitted in the district in which the building or structure is located on the effective date of this zoning code, or any subsequent amendment thereto, to be enlarged, extended, reconstructed or structurally altered when the board finds it to be in the public interest to continue the nonconforming use or finds a need to relieve an undue hardship upon the owner of such property, provided such continuance of the nonconforming use shall not be extended beyond the lot area occupied by such nonconforming use on the effective date of this zoning code or subsequent amendment thereto.

    D.    In exercising the above powers, the board may reverse or affirm, wholly or partly, or may modify the order, requirement, decision or determination of the building inspector appealed from and make such order, requirement, decision or determination as ought to be made and to that end shall have all the powers of the officer from whom the appeal is taken. In considering all appeals or applications for variations or exceptions, the board shall, before making any finding in a specific case, first determine that the proposed change will not constitute a change, including a variation in use, in the district map and will not impair an adequate supply of light and air to adjacent property, or increase congestion in public streets, or increase the danger of fire, or materially diminish or impair established property values within the surrounding area, or in any other respect impair the public health, safety, comfort, morals and welfare of the city. Every recommendation by the board to the city council for granting or denying a change shall be accompanied by a written finding of fact based on testimony and evidence, specifying the reasons for the board’ s recommendations on granting or denying the variation or exception.

    E.    The concurring vote of four members of the board shall be necessary to reverse any order, requirement, decision or determination of the building inspector. (Ord. 1258 § 1 (part), 1994: prior code § 40-14-2(A))