A. Authority To Grant Variances:
1. The board of adjustment, upon application, and after notice (when notice is required) and public hearing, and subject to the procedural and substantive standards hereinafter set forth, may grant such variance from the terms of this title as will not cause substantial detriment to the public good or impair the spirit, purposes and intent of this title, 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, the literal enforcement of this title will result in unnecessary hardship.
2. The board shall not vary any jurisdictional requirement, such as notice, when it is required.
3. 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 title that a change of the permitted principal uses shall be made by ordinance amendment of the zoning title or official zoning map. (1991 Code § 16-24-1470)
B. Application: A request for a variance shall be initiated by the filing of an application with the city clerk and shall set forth public hearing by the secretary in accordance with the rules established by the board. (1991 Code § 16-24-1470; amd. Ord. 2013-3, 2-12-2013)
C. Board Of Adjustment Action:
1. The board shall hold the public hearing and, upon the concurring vote of three (3) members, may grant a variance after finding:
a. That by reason of extraordinary or exceptional conditions or circumstances which are peculiar to the land, structure, or building involved, the literal enforcement of the terms of this title would result in unnecessary hardship;
b. That such extraordinary or exceptional conditions or circumstances do not apply generally to other property in the same use district; and
c. That the variance to be granted will not cause substantial detriment to the public good or impair the purposes, spirit, 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.
D. Time Limitations 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. (1991 Code § 16-24-1470)