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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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On all proceedings held before the Board of Zoning Adjustment, <br />the staff of the Planning and Development Division shall review <br />the application and file a recommendation on each item. Such <br />recommendations shall be received, heard and filed prior to <br />final action on any item before the Board of Zoning Adjustment, <br />and shall be part of the record of the application. (In refer- <br />ence to Administrative Appeals, a summary explanation shall be <br />filed in place of a recommendation.) <br />d. Public Hearings; Notice. <br />Notice, in writing, shall be mailed by the Planning and Develop- <br />ment Division by using the address of said owner on the last tax <br />roll, and to the owners of all land which abuts the property <br />upon which a variance is sought, at least seven (7) days prior <br />to the hearing. The notice shall contain the name of the <br />applicant for the variance, a description of the land sufficient <br />to identify it, the variance requested, as well as the date, <br />time and place of the hearing. <br />6. Review by the Board of Zoning AdjusV.-ent. <br />a. Criteria for Granting Variances. <br />In order to authorize any variance of the terms of this regu- <br />lation, the Board of Zoning Adjustment shall have determined <br />that the application for variance is cccplete, that the public <br />hearing has been held with the opportunity for the aggrieved <br />parties to appear in person or be represented by an attorney at <br />law authorized to practice in the State of Florida. The.Board <br />of Zoning Adjustment shall also find: <br />i. Special Condition. That special conditions and circum- <br />stances exist which are peculiar to the land, structure, or <br />building involved, and which are not applicable to other <br />lands, structures, or buildings in the sa;ce zoning dis- <br />trict. <br />ii. Action of Applicant. That the special conditions and <br />circumstances do not result from the actions of the appli- <br />cant. <br />iii. Special Privilege. That granting the variance requested <br />will not confer on the applicant any special privilege that <br />is denied by the regulation to other lands, buildings, or <br />structures in the same zoning district. <br />iv. Unnecessary Hardship. That literal interpretation of the <br />provisions of the regulations would deprive the applicant <br />of rights commonly enjoyed by other properties in the same <br />zoning district under the terms of the regulations and <br />would constitute an unnecessary and undue hardship upon the <br />applicant. <br />V. Minimum Variance Necessary. That the variance granted is <br />the minimum necessary in order to make possible the reason- <br />able use of the land, building, or structure. <br />vi.Purpose and Intent Compliance. That the granting of the <br />variance rvi11 be in harmony with the general purpose and <br />intent of these zoning regulations and the Indian River <br />County Comprehensive Plan. <br />vii. Detriment to Public Welfare. That such variance will not <br />be injurious to the surrounding area or otherwise by <br />detrimental to the public welfare. <br />viii.Reasonable Use. That the property cannot be put to a <br />reasonable use which fully complies with the requirements <br />of this ordinance. <br />b. Prohibited Consideration. <br />-10- <br />
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