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(5) ORDINANCE 2015- 004 (b) No variances shall be granted which would permit the establishment or expansion of a special exception use in any zoning district without the approval required in the special exception section, and including specific land use criteria. (c) No variance shall be granted which would permit the establishment or expansion of a use requiring an administrative permit in any zoning district without the approval required in the administrative permit section, and including specific land use criteria. (d) No variance shall be granted which relates in any way to a nonconforming use, except as allowed in the nonconformities section. (e) No variance shall be granted which modifies any definitions contained within these land development regulations. (f) No variance shall be granted which would in any way result in any increase in density above that permitted in the applicable zoning district regulations. Procedures. (a) Any property owner may apply for a variance after a decision by the community development director that an existing property condition or a development proposal of such property owner does not comply with the provisions of these land development regulations. (b) The applicant must file an application for a variance along with the appropriate fee payable to Indian River County with the planning division. The application shall be in a form approved by the community development director and shall contain the following information: 1. Identification of the specific provisions of these land development regulations from which a variance is sought. 2. The nature and extent of the variance sought; an explanation why it is necessary; and the basis for the variance under section 902.09(3)(a) or (b). 3. The grounds relied upon to justify the proposed variance. 4. A legal description of the property, a copy of the warranty deed for the property, and a detailed plot plan of the property. (c) On all proceedings held before the board of adjustment, the staff of the planning division shall review the application and file a recommendation on each item. Such recommendation shall be transmitted to the board of adjustment prior to final action on any item before the board of adjustment, and shall be part of the record of the application. (d) Notice of the variance, in writing, shall be mailed by the planning division to the owners of all land which abuts the property upon which a variance is sought, at least seven (7) days prior to the hearing. The property appraiser's address for said owners shall be used in sending all such notices. The notice shall contain the name of the applicant for the variance, a description of the land sufficient to identify it, a description of the variance requested, as well as the date, time and place of the hearing. (6) Review by the board of adjustment. (a) In order to authorize any variance from the terms of these land development regulations, the board of adjustment shall determine that the application for variance is complete, that the public hearing has been held with the required notice and that the opportunity has been given for the aggrieved parties to appear and be heard in person or be represented by an attorney at law, or other authorized representatives. The board of adjustment shall also find that all of the following facts exist before granting a variance: Bold Underline: Additions to Ordinance Strikeh:: Deleted Text from Existing Ordinance F:\Community Development\CurDev\ Ordinances \2015Ordinances\2015- 902(boa)and915PD.doc 4