A. Board Of Adjustment Action:
1. The board of adjustment, upon application, and after notice (when notice is required) and public hearing, may grant variances from the terms of this title, only upon a finding that:
a. The application of this title to the particular piece of property would create an unnecessary hardship;
b. Such conditions are peculiar to the particular piece of property involved; and
c. Relief, if granted, would not cause substantial detriment to the public good, or impair the purposes and intent of this title or the comprehensive plan.
2. Provided that the board in granting a variance shall prescribe appropriate conditions and safeguards, and may require such evidence and guarantee or bond as it may deem necessary to enforce compliance with the conditions attached.
B. Application: A request for a variance shall be initiated by the filing of an application with the city clerk and shall be set for public hearing by the secretary in accordance with the rules established by the board.
C. Time Limitation On Variances: A variance which has not been utilized within one year from the date of the order granting the variance shall thereafter be void. For the purpose of this provision, "utilization" shall mean actual use or the issuance of a building permit, when applicable, provided construction is diligently carried to completion. (Ord. 165, 12-6-1983)