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•a <br />JAN 81975 <br />INDIAN RIVER COUNTY ORDINANCE 75-1 <br />AN ORDINANCE AMENDING SECTION 26, INDIAN RIVER <br />COUNTY ORDINANCE 7]-3 REDEFINING THE FUNCTIONS <br />POWERS::AND DUTIES OF THE BOARD OF ZONING AD- <br />JUSTMENT. <br />SECTION 26. BOARD OF ZONING ADJUSTMENT <br />(A) Functions, Powers, and Duties of the Board of <br />Zoning Adjustment. <br />The Board of Zoning Adjustment shall have the following <br />powers: <br />(1) To hear and decide appeals where it is alleged <br />there is error in any order, requirement, decision, or deter- <br />mination made by an administrative official in the enforcement <br />of this ordinance. <br />(2) Interpretation: To interpret these regulations <br />at the request of the zoning enforcement officials. <br />(3) Granting of Variances: To receive and consider <br />appeals for the granting of variances from the terms of this <br />ordinance and to grant such variances as will not be contrary <br />to the public interest, where, owing to special conditions, a <br />literal enforcement of the provisions of the ordinance will <br />cause significant hardship. <br />In considering whether or not to grant a variance, the <br />Board will consider the following criteria: <br />a. Is the plight of the applicant due to unique <br />circumstances not created by him or his predecessor in title? <br />b. Do special conditions and circumstances exist <br />which are peculiar to the land or structure involved, and <br />which are not applicable to other lands or structures in <br />same district? <br />c. Would literal interpretation of the pro- <br />visons of these ordinances deprive the applicant of rights <br />commonly enjoyed by the properties in the same district? <br />d. The variance normally shall not permit <br />establishment or enlargement of any use or structure which is <br />not permitted in the district in which the variance is <br />requested? <br />e. The variance must observe the spirit and intent <br />of this zoning ordinance. <br />(4) The Board of Zoning Adjustment may grant a variance <br />to complete any project to any applicant who had received zoning <br />approval prior to September 8, 1971, for a project which was <br />legal before the adoption of this ordinance but not legal after <br />the adoption of this ordinance, regardless of the acreage <br />requirements of this ordinance. <br />(5) Conditional Variance: The Board of Zoning <br />Adjustment may make the authorization of a variance conditional <br />upon such alternate and additional restrictions, stipulations, <br />and safeguards as it may deem necessary to insure compliance <br />with the intent and purpose of these regulations. Violation <br />of such conditions when made a part of the terms under which <br />a variance is granted shall be deemed a violation of this ordinance. <br />BOOS 21 ASE 438 <br />