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ORDINANCE 2015 - <br />to the public interest, pursuant to the procedures and requirements of the variance section of the <br />land development regulations, section 902.09 <br />(2) The board shall have and exercise the powers specified in F.S. § 333.10, relating to airport <br />zoning regulations, under rules consistent with said section and with the Code of Indian River <br />County. <br />(3) The planning and zoning commission shall act as the board of adjustment. <br />(ord. No. 90-16, j� 1. 9_11_90: (h J. Na. 92_11. 16, 4-22_02) <br />SECTION #3: <br />Amend LDR Section 902.09, Variances, as follows: <br />(1) Purpose and intent. This section is established to provide procedures for reviewing variances <br />by the board of adjustment. A variance runs with the land and is a departure from the <br />dimensional or numerical or other technical requirements of the land development regulations <br />where such variance will not be contrary to the public interest and where owing to conditions <br />peculiar to the property and not the result of the actions of the applicant or his predecessors in <br />title, a literal enforcement of the land development regulations would result in an unnecessary <br />and undue hardship. <br />(2) Approving authority. The board of adjustment is hereby authorized to grant variances in <br />accordance with the provisions of this section and can attach conditions to variances granted. <br />(3) <br />Type of variance to be allowed. The board of adjustment shall have the authority to grant the <br />following variances: <br />(a) A variance from the yard area requirements of any zoning district where there are unusual <br />and practical difficulties in carrying out these provisions due to an irregular shape of the <br />lot, topography, or other conditions, provided such variation will not seriously impact any <br />adjoining property or the general welfare. <br />(b) Other technical variances that occur when an owner or authorized agent can show that a <br />strict application of the terms of the land development regulations relating to the use of the <br />land will impose unusual and unique difficulties, but not loss of monetary value alone. <br />(c) De -minimus setback variance. A de -minimus setback variance can be granted <br />automatically at the staff level, under certain circumstances, without board approval. This <br />applies in the following circumstances where the setback variance: <br />1. Is for a structure properly permitted where no form -board survey was required; <br />2. Is for 0.5 feet or less from the setback required at the time the structure was <br />constructed or erected on the site; and <br />3. Is from property line(s) which have not been altered so as to cause or increase the <br />nonconformity. <br />(4) When variances are not allowed. <br />(a) No variance shall be granted which would permit the establishment or expansion of a use <br />in a zone or district in which such use is not permitted by these land development <br />regulations, or any use expressly or by implication prohibited by the terms of these land <br />development regulations for said district. <br />Bold Underline: Additions to Ordinance <br />Strike-t}irough: Deleted Text from Existing Ordinance ATTACHMENT <br />F:\Community Development\CurDev\Ordinances\2015Ordinances\2015- 902(boa)and915PD.doc <br />3 <br />83 <br />