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ORDINANCE 2015- 004 to the public interest, pursuant to the procedures and requirements of the variance section of the land development regulations, section 902.09 (2) The board shall have and exercise the powers specified in F.S. § 333.10, relating to airport zoning regulations, under rules consistent with said section and with the Code of Indian River County. (3) The planning and zoning commission shall act as the board of adjustment. (Ord. No. 90-16. 1, 9-11-90; Ord. No. 92-11, ,tc 16, 4-22-92) SECTION #3: Amend LDR Section 902.09, Variances, as follows: (1) Purpose and intent. This section is established to provide procedures for reviewing variances by the board of adjustment. A variance runs with the land and is a departure from the dimensional or numerical or other technical requirements of the land development regulations where such variance will not be contrary to the public interest and where owing to conditions peculiar to the property and not the result of the actions of the applicant or his predecessors in title, a literal enforcement of the land development regulations would result in an unnecessary and undue hardship. (2) Approving authority. The board of adjustment is hereby authorized to grant variances in accordance with the provisions of this section and can attach conditions to variances granted. (3) Type of variance to be allowed. The board of adjustment shall have the authority to grant the following variances: (a) A variance from the yard area requirements of any zoning district where there are unusual and practical difficulties in carrying out these provisions due to an irregular shape of the lot, topography, or other conditions, provided such variation will not seriously impact any adjoining property or the general welfare. (b) Other technical variances that occur when an owner or authorized agent can show that a strict application of the terms of the land development regulations relating to the use of the land will impose unusual and unique difficulties, but not loss of monetary value alone. (c) De -minimus setback variance. A de -minimus setback variance can be granted automatically at the staff level, under certain circumstances, without board approval. This applies in the following circumstances where the setback variance: 1. Is for a structure properly permitted where no form -board survey was required; 2. Is for 0.5 feet or less from the setback required at the time the structure was constructed or erected on the site; and 3. Is from property line(s) which have not been altered so as to cause or increase the nonconformity. (4) When variances are not allowed. (a) No variance shall be granted which would permit the establishment or expansion of a use in a zone or district in which such use is not permitted by these land development regulations, or any use expressly or by implication prohibited by the terms of these land development regulations for said district. Bold Underline: Additions to Ordinance Stn�e-tbrough: Deleted Text from Existing Ordinance F:\Community Development\CurDev\Ordinances\2015Ordinances\2015- 902(boa)and915PD.doc 3