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5/15/1985
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5/15/1985
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Meetings
Meeting Type
Regular Meeting
Document Type
Minutes
Meeting Date
05/15/1985
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7. <br />�-*ffl <br />BOOR '.rr <br />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 <br />afe- <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 Board of Zoning Adjustment by <br />letter for an additional six (6) month extension._- Any -further <br />extensions of time shall require a new 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 />1. 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 />b. 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 />j <br />
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