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HomeMy WebLinkAbout1978-41INDIAN RIVER COUNTY ORDINANCE NO. 78-41 AN ORDINANCE AMENDING INDIAN RIVER COUNTY ORDINANCE 75-25, BY ADDING A NEW SECTION, DESIGNATED SECTION 15, WHICH SECTION PROVIDES FOR A VARIANCE PROCEDURE. BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, THAT Indian River County Ordinance 78-25, is hereby amended by adding a new Section 15, which section shall read as follows: SECTION 15. VARIANCE PROCEDURES (1) The Indian River County Board of Zoning Adjustment as established by Indian River County shall hear and decide appeals and requests for variances from the requirements of this Ordinance. (2) The Board of Zoning Adjustment shall hear and decide appeals when it is alleged there is an error in any require- ments, decision, or determination made by the County Administrator in the enforcement or administration of this Ordinance. (3) Any person aggrieved by the decision of the Board of Zoning Adjustment or any taxpayer may appeal such decision to the Circuit Court, as provided by Law. (4) Variances may be issued for the reconstruction, re- habilitation or restoration of structures listed on the National Register of Historic Places or the State Inventory of Historic Places without regard to procedures set forth in the remainder of this section. (5) In passing upon such application, the Board of Zoning Adjustment shall consider all technical evaluations, all relevant factors, standards specified in other sections of this Ordinance, and: STATE OF FLORIDA INCIAN RIVER COUNTY THIS IS TO CERTIFY THAT THIS SS TRUE AND CORRECT Copy OF He 02I3INAL ON FILE IN THIS :FFICE FR SDA �WRIGHT CLERK 3Y _` /O D.C. DATE �?' (a) the danger that materials may be swept onto other lands to the injury of others; (b) the danger to life and property due to flooding or erosion damage; (c) the susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner; (d) the importance of the services provided by the proposed facility to the community; (e) the necessity to the facility of a waterfront location, where applicable; (f) the availability of alternative locations, not subject to flooding or erosion damage, for the proposed use; (g) the compatability of the proposed use with existing and anticipated development; (h) the relationship of the proposed use to the comprehensive plan and flood plain management program for that area; (i) the safety of access to the property in times of flood for ordinary and emergency vehicles; (j) the expected heights, velocity, duration, rate of rise and sediment transport of the flood waters and the effects of wave action, if applicable, expected at the site; and (k) the costs of providing governmental services during and after flood conditions including maintenance and repair of public utiliities and facilities such as sewer, gas, electrical, and water systems, and streets and bridges. (1) Generally, variances may be issued for new construction and substantial improvements to be erected on a lot of one-half acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood level, providing items (a - k) have been fully considered. As the lot size increases beyond the one-half acre, the technical justification required for issuing the variance increases. - 2 - (6) Upon consideration of the factors listed above and the purposes of this Ordinance, the Board of Zoning Adjustment may attach such conditions to the granting of variances as it deems necessary to further the purposes of this Ordinance. (7) Variances shall not be issued within any designated floodway , if any increase in flood levels during the base flood discharge woul(I result. (8) Conditions for Variances (a) Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief. (b) Variances shall only be issued upon (i) a showing of good and sufficient cause; (ii) a determination that failure to grant the variance would result in exceptional hardship to the applicant; and (iii) a determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, create nuisances, cause fraud on or victimization of the public, or conflict with existing local laws or ordinances. (c) Any applicant to whom a variance is granted shall be given written notice specifying the difference between the base flood elevation and the elevation to which the structure is to be built and stating that the cost of flood insurance will be commensurate with the increased risk resulting from the reduced lowest floor elevation. (d) The County Administrator shall maintain the records of all appeal actions and report any variances to the Federal Insurance Administration upon request. This Ordinance shall become effective as provided by law. This Ordinance shall take effect on the 11th day of December, 1978.