§ 11.02.09. Powers and duties.

The board of adjustment shall have the following powers and duties:

1.

Administrative review: To hear and decide appeals where it is alleged there is error in any order, requirement, decision or determination made by the administrative official in the enforcement of the Land Development Code except appeals regarding construction matters.

2.

Special exceptions: Conditions governing applications; procedures to hear and decide only special exceptions as the board of adjustment is specifically authorized to pass on under the terms of this ordinance; to decide questions as are involved in determining when special exceptions should be granted and to grant special exceptions when in harmony with the purpose and intent of this ordinance. In granting any special exception, the board shall find that the granting will not adversely affect the public interest. In granting any special exception, the board of adjustment may prescribe appropriate conditions and safeguards in conformity with this ordinance. Violation of such conditions and safeguards, when made a part of the terms under which the special exception is granted, shall be deemed a violation of this ordinance. The board of adjustment may prescribe a reasonable time limit within which the action required for the special exception shall be begun or completed or both.

3.

Variances: Conditions governing applications, procedures; to authorize upon appeal such variances from the terms of the ordinance as will not be contrary to the public interest where, owing to special conditions, a literal enforcement of the provisions of the ordinance will result in unnecessary and undue hardship. In order to authorize any variance from the terms of this ordinance, the board of adjustment must and shall find:

a.

That special conditions and circumstances exist which are peculiar to the land, structure or building involved and which are not applicable to other lands, structures or buildings in the same zoning district.

b.

That the special conditions and circumstances do not result from the actions of the applicant.

c.

That granting the variance requested will not confer on the applicant any special privilege that is denied by the Land Development Code to other lands, buildings or structures in the same zoning district.

d.

That literal interpretation of the provisions of the Land Development Code would deprive the applicant of rights commonly enjoyed by other properties in the same zoning district under the terms of the ordinance and would work unnecessary and undue hardship on the applicant.

e.

That the variance granted is the minimum variance that will make possible the reasonable use of the land, building or structure.

f.

That the grant of the variance will be in harmony with the general intent and purpose of the Land Development Code, and that such variance will not be injurious to the area involved or otherwise detrimental to the public welfare.

g.

In granting any variance, the board of adjustment may prescribe a reasonable time limit within which the action required for the variance shall be begun or completed or both. Under no circumstances, except as permitted above, shall the board of adjustment grant a variance to permit a use not generally or by special exception permitted in the zoning district. No nonconforming use of neighboring lands, structures or buildings in the same zoning district and no permitted use of lands, structures or buildings in other zoning districts shall be considered grounds for the authorization of a variance.

h.

Reference other sections of this ordinance for variances which may be granted by the planning commission or the county public works department.

i.

In accordance with Chapter 187.201, Florida Statutes, State Comprehensive Plan, Goal (15) Property Rights, and Ordinance No. 90-1, Goal 7.B, the board of adjustment may grant a variance to any regulation in the Land Development Code whenever it is apparent that a taking of private property would otherwise occur. Said variance shall only be granted for a use or development which is compatible with the surrounding area and does not impose an excessive burden or have a negative impact on surrounding or adjacent uses or on community facilities or services.

4.

Board has powers of administrative official on appeals: The board of adjustment may, so long as such action is in conformity with the terms of the Land Development Code, reverse or affirm, wholly or partly, or may modify the order, requirement, decision or determination as ought to be made, and to that end shall have the powers of the administrative official from whom the appeal is taken. The concurring role of the majority of all the members of the board shall be necessary to reverse any order, requirement, decision, or determination of any such administrative official or to decide in favor of the applicant of any matter upon which the board is required to pass under any such ordinance.

5.

In the event a special exception or variance is denied by the board of adjustment: The applicant shall not reapply for a special exception or variance for the same use within one year after the date of first denial unless a physical change has been made to the structure(s) or the plans have been modified to reduce the impact. Application fee for the same use will be doubled with each new submittal within the one year date of denial.

Exception: This does not apply if the variance or special exception request pertains to a different use.

(Ord. No. 11-01, § 2, 1-18-11)