Section 16.10.060 Powers.

A. To hear and decide appeals where it is alleged that there is an error in any order, requirement, decision or determination made by the application of the land use ordinance;

B. To authorize upon application such variance from the terms of this title as will not be contrary to the public interest, where owing to exceptional narrowness, or shape of a specific piece of property at the time of the enactment of this title, or by reason of exceptional topographic conditions or other extraordinary and exceptional conditions of such property, a literal enforcement of the provisions of this title will result in unnecessary hardship; provided, that the spirit of this title shall be observed and substantial justice done and without substantially impairing the purpose and intent of this title and the master plan of the City. Before any variance may be authorized, however, it shall be shown that:

1. The variance will not substantially affect the general plan of the City and that adherence to the strict letter of this title will cause difficulties and hardships, the imposition of which upon the petitioner is unnecessary in order to carry out the general purpose of the plan,

3. That because of the special circumstances, property covered by application is deprived of privileges possessed by other properties in the same zone, and that the granting of the variance is essential to the enjoyment of a substantial property right possessed by other property in the same zone;

a. Comply with all height, yard and area requirements for a single-family dwelling in the zone in which the nonconforming building is located; or

2. For a nonconforming use located in any area other than a residential zone, the enlargement, addition or relocation shall comply with all height, yard and area requirements for a main building, other than dwellings, in the zone in which it is located,

3. Before granting a permit for any enlargement, addition or relocation as provided herein, the Board shall find in public hearing that the proposed changes will not hinder or obstruct the attainment of the purpose of this title as stated in Section 16.02.020 any more than does the existing nonconforming use;

D. To permit the enlargement of, addition to, or relocation of a building or structure, noncomplying as to yard, height or area regulations, where undue hardship will result to the owner of the land involved unless granted and attainment of the purpose of this title as stated in Section 16.02.020 will not be hindered or obstructed, and provided the proposed enlargement, addition or relocation will either improve the area by increasing needed off-street parking or improve the general appearance, convenience and safety of the area;

E. Where a zone boundary line divides a lot in single ownership at the time of the establishment of the boundary, the Board may permit a use authorized on either portion of such lot to extend to the entire lot, provided such permission shall not authorize the use to extend more than thirty-five (350) feet beyond the zone boundary line or extend to an area greater than five thousand (5,000) square feet beyond the boundary line;

F. Permit a nonconforming use to be changed to another use allowed in the same or a more restrictive zone than the one (1) in which the nonconforming use would be allowed; provided, that the Board finds in public hearing that such change will not hinder or obstruct the attainment of the purpose of this title as stated in Section 16.02.020 any more than does the existing nonconforming use;

G. Permit the construction and use of a dwelling upon a lot which does not have frontage on a street, but which does have frontage on a dedicated right-of-way of at least sixteen (16) feet;