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ORDINANCE 2015-004 1. That special conditions and circumstances exist which are peculiar to the land, structure, or building involved, and which are not applicable to other lands, structures, or buildings in the same zoning district. 2. That the special conditions and circumstances do not result from the actions of the applicant or illegal acts of previous property owners. 3. That granting the variance requested will not confer on the applicant any special privilege that is denied by the regulation to other lands, buildings, or structures in the same zoning district. 4. That literal interpretation of the provisions of the regulations would deprive the applicant of rights commonly enjoyed by other properties in the same zoning district under the terms of the regulations and would constitute an unnecessary and undue hardship upon the applicant. 5. That the variance granted is the minimum necessary in order to make possible the reasonable use of the land, building, or structure. 6. That the granting of the variance will be in harmony with the general purpose and intent of the land development regulations, and the Indian River County Comprehensive Plan. 7. That such variance will not be injurious to the surrounding area or otherwise be detrimental to public welfare. 8. That the property cannot be put to a reasonable use in a manner which fully complies with the requirements of these land development regulations. (b) The following regulations also apply to the authorization of a variance: 1. No nonconforming use of neighboring lands, structures, or buildings in the same zoning district and non -permitted use of lands, structures, or buildings in other zoning districts shall be considered grounds for the authorization of a variance. 2. No application or request may be reheard or reconsidered unless otherwise directed by a court of competent jurisdiction, or unless new circumstances or information can be presented with a new application. (c) In granting any variance, the board of adjustment may make the authorization of the variance conditional upon such alternate and additional restrictions, stipulations and safeguards as it may deem necessary to ensure compliance with the purpose and intent of this chapter and consistency with the Indian River County Comprehensive Plan. Violation of such conditions, when made a part of the terms under which the variance is granted, shall be deemed a violation of this chapter. Such conditions restrictions, stipulations, and safeguards may include, but are not limited to, time within which the action for which the variance is sought shall be begun or completed or both; the establishment of screening and/or buffering techniques; and provision for extensions or renewals. (7) Decision. The board of adjustment shall approve, approve with conditions, or deny the application, furnishing the applicant a written statement of the reasons for any denial. A decision of the board of adjustment may be appealed to the board of county commissioners as provided in section 902.07(5). (Ord ; 'o. 90-16. 1 9-1/-90) SECTION #4: Amend LDR Section 915.28, Modifications to planned development plans. Bold Underline: Additions to Ordinance Strikeeugh:: Deleted Text from Existing Ordinance F:\Community Development\CurDev\Ordinances\2015Ordinances\2015- 902(boa)and915PD.doc 5