(1)

An application for a variance pursuant to this article shall be submitted to the development services department, shall be processed in accordance with the procedures and requirements set forth in section 28-9. Additionally, every such application shall be sufficiently detailed to accurately describe the relief requested, the reasons therefor and the requirement(s) of this chapter specifically identified in section 28-127(1), or the requirements of chapter 22, marine structures, sections 22-58 through 22-64, from which a variance is requested.

(2)

Upon the filing of an application for a variance and determination that the application is complete, the city manager or designee shall:

(a)

Set the application for a public hearing before the board, except that in the case of an application for a variance from the requirements of chapter 22, the application shall first be set for a public hearing before the marine advisory board pursuant to sections 2-285.23 and 22-68, and then subsequently set the application for a public hearing before the board.

(b)

Prior to the public hearing, transmit a copy of the application to appropriate city departments and outside agencies, if applicable, and request any comments from such city departments or outside agencies.

(c)

Cause notice of the public hearing to be provided as set forth in section 28-8.

(Ord. No. 5437, § 2, 1-23-18; Ord. No. 5525, § 9, 8-25-20; Ord. No. 5600, § 17, 10-26-21; Ord. No. 5642, § 18, 1-10-23)

(1)

The planning and zoning board shall have the power, subject to review by the city council pursuant to section 28-128, to grant variances only from the requirements of chapter 22, marine structures, sections 22-58 through 22-64, or from the following requirements of this chapter:

(a)

Minimum front, rear, and side yard setback requirements, and maximum encroachments into required yards;

(b)

Minimum lot area and minimum lot dimension requirements;

(c)

Minimum floor area of building requirements;

(d)

Minimum floor area of dwelling unit requirements;

(e)

Maximum fence, wall, gate and hedge heights;

(f)

Minimum zoning district boundary requirements;

(g)

Minimum landscape buffer and minimum landscaped yard requirements.

(2)

Except for the requirements specifically identified in subsection (1) above, no variance may be granted from the requirements of this chapter. Accordingly, and without limiting the foregoing (or subsection (1) above), no variance may be granted which has the effect of:

(a)

Increasing the density and the number of dwelling units on a plot or parcel;

(b)

Increasing the intensity/floor area ratio on a plot or parcel beyond that which is allowed by this chapter or the comprehensive plan;

(c)

Increasing the maximum allowable height of a structure in any zoning district;

(d)

Allowing a front porch approved pursuant to this chapter to be screened, glazed, or otherwise enclosed;

(e)

Reducing the setback requirements for front porches approved in a residential district pursuant to this chapter; or

(f)

Modifying the use provisions of this chapter.

(3)

In order to grant a variance from the requirements of chapter 22, marine structures, sections 22-58 through 22-64, or from the requirements of this chapter for any of the requirements identified in subsection (1) above, the board must specifically find that all of the following criteria are satisfied:

(a)

Special and unique conditions exist which are peculiar to the applicant's case and which are not generally applicable to the property located in the zoning district;

(b)

The special and unique conditions are not directly attributable to the actions of the applicant;

(c)

The literal interpretation of this chapter, as applied to the applicant, would deprive the applicant of rights commonly enjoyed by the owners of other property in the zoning district;

(d)

The variance granted is the minimum variance necessary for the applicant to make reasonable use of the property;

(e)

Granting the variance is not detrimental to the public welfare, or injurious to the property or improvements in zoning district or neighborhood involved; and

(f)

Granting the variance is not contrary to the objectives of the comprehensive plan of the city.

(4)

At the public hearing, the board shall consider the testimony and evidence presented by the applicant, city staff and all interested members of the public, and then act upon the application. Every decision of the board shall be by a written resolution which shall contain findings of fact and conclusions of law of the board.

(5)

A decision of the board which grants a variance shall be adopted only upon the affirmative vote of a majority of the members present.

(6)

In granting a variance, the board may prescribe conditions deemed necessary to protect the public interest and to ensure compliance with applicable codes and the comprehensive plan of the city.

(7)

Each resolution of the board shall be deemed rendered when signed by the chairman and filed in the office of the city clerk. The city manager shall not authorize the issuance of any permits or licenses upon the authority of a resolution of the board granting a variance until 31 days after the date of its rendition.

(8)

A variance granted by the board shall automatically expire under the following conditions:

(a)

The variance shall expire 18 months from the date of the rendition of the written resolution of the board granting the variance if a building permit has not been issued in accordance with the plans and conditions upon which the variance was granted; or

(b)

The variance shall expire if a timely issued building permit that is in accordance with the plans and conditions upon which the variance was granted expires or is abandoned and is not renewed pursuant to the applicable provisions regarding renewal of building permits.

(Ord. No. 5437, § 2, 1-23-18; Ord. No. 5525, § 10, 8-25-20)

Any decision of the board pursuant to this section may be appealed to the city council, which appeal shall be processed in accordance with the procedures and requirements set forth in section 28-10.

(Ord. No. 5437, § 2, 1-23-18; Ord. No. 5642, § 19, 1-10-23)

(1)

Subject to the procedures and requirements set forth in section 28-9, administrative variances may be granted as follows:

(a)

The city manager or designee may issue administrative variances for structural encroachments into a setback of no more than 5 percent of the setback provided that the encroachment is due to construction or surveying errors or similar errors that occurred as part of the permitting or construction process, the structural encroachment does not encroach upon an easement, and upon finding that all of the following standards are met:

1.

Special and unique conditions exist which are peculiar to the petitioner's case and which are not generally applicable to the property located in the zoning district;

2.

The special and unique conditions are not directly attributable to the actions of the petitioner;

3.

The literal interpretation of this chapter, as applied to the petitioner, would deprive the petitioner of rights commonly enjoyed by the owners of other property in the zoning district;

4.

The variance granted is the minimum variance necessary for the petitioner to make reasonable use of the property;

5.

Granting the variance is not detrimental to the public welfare, or injurious to property or improvements in the zoning district or neighborhood involved; and

6.

Granting the variance is not contrary to the objectives of the comprehensive plan of the city.

(b)

The city manager or designee may issue an administrative variance for an existing development for reduction of the number of required off-street parking spaces, and minor modifications of planter islands or landscaping, to achieve compliance with disabled parking requirements. For purposes of this subsection, "existing development" shall mean any development which was granted site plan approval prior to October 1, 1997, and thereafter fully developed in accordance with said site plan approval, and shall not include any development located within the community redevelopment area. The city manager or designee may issue such an administrative variance upon finding that all of the following standards are met:

1.

The variance granted is the minimum variance necessary for the applicant to comply with the disabled parking requirements pursuant to F.S. § 553.5041, the Americans with Disabilities Act, 42 U.S.C. 12101 et seq., or other law establishing disabled parking requirements;

2.

Granting the variance is not detrimental to the public welfare, or injurious to property or improvements in the zoning district or neighborhood involved; and

3.

Granting the variance is not contrary to the goals, objectives and policies of the comprehensive plan of the city.

(2)

Conditions. The city manager or designee may impose such conditions in a development order granting an administrative variance as are necessary to accomplish the goals, objectives and policies of the comprehensive plan and this section, including, but not limited to, limitations on size, bulk, location, requirements for landscaping, buffering, lighting, and provision of adequate ingress and egress.

(3)

The effective date of the administrative variance is the date that a written notice of decision is provided to the applicant by the city manager or designee.

(4)

An administrative variance granted by the city manager or designee shall automatically expire under the following conditions:

(a)

The variance shall expire 18 months from the effective date of the approval of the city manager or designee if a building permit has not been issued, has expired or been abandoned, in accordance with the plans and conditions upon which the administrative variance was granted.

(b)

The administrative variance shall expire if a timely issued building permit that is in accordance with the plans and conditions upon which the administrative variance was granted expires and is not renewed pursuant to the applicable provisions regarding renewal of building permits.

(5)

The determination of the city manager or designee may be appealed to the planning and zoning board, which appeal shall be processed in accordance with the procedures and requirements set forth in section 28-10. The planning and zoning board shall conduct a de novo hearing on the appeal and, in order to grant the appeal, must find that all of the standards in section 28-129(1)(a) or (b), as applicable, are met.

(Ord. No. 5437, § 2, 1-23-18; Ord. No. 5642, § 20, 1-10-23)