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INDIAN RIVER COUNTY ORDINANCE 75-1 AN ORDINANCE AMENDING SECTION 76, INDIAN RIVER ` COUNTY ORDINANCE•: 71-3 REDEFINING THE FUNCTIONS POWERS AND DUTIES OF THE BOARD OF ZONING AD- JUSTMENT. SECTION 2.6. BOARD OF ZONING ADJUSTMENT (A) Functions, Powers, and Duties of the Board of Zoning Adjustment. ._ -The Board of Zoning Adjustment shall have the following powers:. (1) To hear and decide appeals where it is alleged there is error in any order, requirement, decision, or deter- mination made by an administrative official in the enforcement of this ordinance. (2) Interpretation: To interpret these regulations at the request of the zoning enforcement officials. (3) Granting of variances: To receive and consider appeals for the granting of variances from the terms of. this ordinance and to grant such variances as will not be contrary to the public interest, where, owing to special conditions, a literal enforcement of the provisions of the ordinance will cause significant hardship. In considering whether or not to grant a variance, the Board will consider the following criteria: a. Is the plight of the applicant due to unique circumstances not created by him or his predecessor in title? b. Do special conditions and circumstances exist which are peculiar to the land or structure involved, and which are not applicable to other lands or structures in same district? c. Would'literal interpretation of the pro- visons of these ordinances deprive the applicant of rights commonly enjoyed by the properties in the same district? d. The variance normally shall not permit establishment or enlargement of any use or structure which is not permitted in the district in which the variance is requested? e. The variance must observe the spirit and intent of this zoning ordinance. (4) The Board of Zoning Adjustment may grant a variance to complete any project to any applicant who had received zoning approval prior to September 8, 1971, for a project which was legal before the adoption of this ordinance but not legal after the adoption of this ordinance, regardless of the acreage requirements of this ordinance. (5) Conditional Variance: The Board of Zoning Adjustment may make the aut orization of a variance conditional upon such alternate and additional restrictions, stipulations, and safeguards as it may deem necessary to insure compliance with the intent and purpose of these regulations. Violation of such conditions when made a part of the terms under which a variance is granted shall be deemed a violation of this ordinance.