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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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No non -conforming use of neighboring lands, structures, or <br />buildings in the same zoning district and no permitted use of <br />lands, structures, or buildings, in other zoning districts shall <br />be considered grounds for the authorization of a variance. <br />C. Restrictions, Stipulations and Safeguards. <br />In granting any variance, the Board of Zoning Adjustment may <br />make the authorization of a variance conditional upon such <br />alternate and additional restrictions, stipulations and safe- <br />guards as it may deem necessary to ensure compliance with the <br />purpose and intent of this ordinance and consistency with the <br />Indian River County Comprehensive Plan. Violation of such <br />conditions, when made a part of the terms under which the <br />variance is granted, shall be deemed a violation of this ordi- <br />nance and punishable under the terms of this ordinance. Such <br />conditions, restrictions, stipulations and safeguards may <br />include, but are not limited to a reasonable time limit within <br />which the action for which the variance is sought shall be begun <br />or completed or both, the establishment of screening and/or <br />buffering techniques as well as provisions for extensions or <br />renewals. <br />Decision. <br />The Board of Zoning Adjustment shall approve, approve with con- <br />ditions, or deny the application, furnishing the applicant a written <br />statement of the reasons for any denial. <br />Time Limitations. <br />Variances shall become void if not exercised within six (6) months of <br />the date granted. Before this six (6) month period has expired, the <br />applicant may make a request to the Beard of Zoning Adjustment by <br />letter for an additional six (6) month extension.-- Any further <br />extensions of time shall require a ne: application to be processed as <br />a new case. <br />9. Judicial Relief Available. <br />Any person or persons, jointly or severally, aggrieved by a decision <br />of the Board of Zoning Adjustment or any officer, department, or <br />commission of Indian River County may apply to the Circuit Court in <br />the respective judicial district, for judicial relief within thirty <br />(30) days after the rendering of the decision by the Board of Zoning <br />Adjustment. The election remedies shall lie within the appellant. <br />27 C. Appeals from Decisions of Administrative Officials. <br />Purpose and Intent. <br />This section is established to provide a mechanism for the hearing <br />and decision of appeals of decisions or actions by administrative <br />officials and the Board of Zoning Adjustment. <br />2. Authorization. <br />a. Generally. <br />The Board of Zoning Adjustment shall have the power and duty to <br />hear and decide appeals when it is alleged that there is an <br />error in any order, requirement, decision, or determination made <br />by an administrative official in the enforcement of the pro- <br />visions of this Zoning Ordinance. <br />Scope of Authority Upon Appeal. <br />In exercising its powers, the Board of Zoning Adjustment may, <br />upon appeal and in conformity with this ordinance, reverse or <br />affirm, wholly or partly, or may modify the order, requirement, <br />decision or determination of administrative officials. <br />-11- <br />
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