A. Allowed Variances: The board of adjustment may grant such variance from the terms of this zoning code as will not cause substantial detriment to the public good or impair the spirit, purposes and intent of this zoning code, or the comprehensive plan, where by reason of exceptional narrowness, shallowness, shape, topography, or other extraordinary or exceptional situation, condition, or circumstance peculiar to a particular property and not created by the property owner or occupant, the literal enforcement of this zoning code will result in unnecessary hardship. The board shall not vary any jurisdictional requirement, such as notice. The board shall not permit by variance a principal use not otherwise permitted in the applicable district, it being the expressed spirit and intent of this zoning code that a change of the permitted principal use shall be made solely by ordinance amendment of this zoning code or the official zoning map. 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. Time Limitation On Variances: A variance that has not been utilized within one year from date of the order granting the variance shall thereafter be void, provided that the board has not extended the time for utilization. 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. 1953, 2010)