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1985-46
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1985-46
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Last modified
3/20/2019 12:12:58 PM
Creation date
10/5/2015 9:55:56 AM
Metadata
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Ordinances
Ordinance Number
1985-46
Adopted Date
05/15/1985
Ordinance Type
Zoning
State Filed Date
05\31\1985
Entity Name
Board of Adjustment and Appeals Repealing
Subject
Decision Making and Administrative Bodies
Administrative Procedures
Planning Commission Repeal Section 29
Codified or Exempt
Codified
Supplemental fields
SmeadsoftID
13307
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(2) b, of this Ordinance shall be amended to reflect the <br />hearing date before the Board of County Commissioners. <br />ii. Failure to Provide Notice. The provisions hereof for <br />mailing notice are directory only and the failure to mail <br />such notices shall not affect any change or amendment of <br />said zoning ordinance. Failure to maintain a conspicuous <br />notice on the property shall not affect any change or <br />amendment of said notice. <br />g. Amendments Affecting Five (5%) Percent or More of Total Land <br />Area. In cases in which the - proposed rezoning involves five <br />57% percent or more of the total land area of the County, the <br />Board of County Commissioners shall provide for public notices <br />and hearings as provided for in Chapter 125 Florida Statutes <br />(1979) as amended. <br />5. Time for Reapplying. No new application for an amendment, change or <br />modification of the boundaries or districts, regulations or re- <br />strictions contained in this chapter shall be permitted to be filed <br />until after the expiration of twelve (12) months from the filing of a <br />previous application with the County Planning and Development Divi- <br />sion, covering substantially the sa-e lands. <br />6. Interim Zoning. The Board of County Ccri7issioners may adopt stop -gap <br />or interim zoning for periods of time not to exceed one year designed <br />to preserve the status quo in any area in the County, pending the <br />completion of comprehensive zoning, water, and sewer, urban renewal or <br />other similar type plans. <br />27 B. Variance from the Terms of the Zoning Ordinance. <br />1. Purpose and Intent. <br />This section is established to provide procedures -or reviewing <br />variances by the Board of Zoning Adjustment. A variance is a depar- <br />ture from the dimensional or numerical require -tints of the ordinance <br />where such variance will not be contrary to the public interest and <br />where, owing to conditions peculiar to the property and not the <br />result of the actions of the applicant, a literal enforcement of the <br />section would result in an unnecessary and undue hardship. <br />2. Approving Authority. <br />The Board of Zoning Adjustment is hereby authorized to grant vari- <br />ances in accordance with the provisions of this section. <br />Type of Variance to be allowed. <br />The Board of Zoning Adjustment shall have the authority to grant the <br />following variances: <br />Permit a variance in the yard or area requirements of any zoning <br />district where there are unusual and practical difficulties in <br />carrying out these provisions due to an irregular shape of the <br />lot, topography, or other conditions, provided such variation <br />will not seriously impact any adjoining property or the general <br />welfare. <br />Permit a variance when an owner can show that a strict applica- <br />tion of the terms of the code relating to the construction or <br />alteration of the buildings or structure or the use of the land <br />will impose upon him unusual and impractical difficulties, but <br />not loss of monetary value alone. <br />4. Unauthorized Variances. <br />Use Variances. <br />No variance shall be granted which would permit the establish- <br />ment or expansion of a use in a zone or district in which such <br />use is not permitted by this ordinance, or any use expressly or <br />-8- <br />
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