(a)

Appointments and qualifications: For the purpose of hearing and deciding requests for variances and appeals to administrative decisions pursuant to this article, the position of hearing officer is hereby created.

(1)

The hearing officer shall be a member in good standing with The Florida Bar and shall also be a resident of Broward County or have an office in Broward County.

(2)

The County shall provide clerical and administrative personnel as may be necessary for each hearing officer.

(b)

Duties: The hearing officer shall conduct quasi-judicial hearings, take testimony, and review documentary evidence submitted by parties requesting a variance from the terms of the Code as set forth herein, and by parties concerning appeals from an administrative decision rendered by the zoning official relating to any provision of the Code. Such quasi-judicial hearings shall be conducted in accordance with Chapter 1, Article XVII, Quasi-Judicial Proceedings, of the Broward County Code of Ordinances.

(c)

Findings: At the conclusion of the quasi-judicial hearing, the hearing officer shall:

(1)

Defer the matter to a subsequent public hearing to be held not more than sixty (60) days after the originally-scheduled hearing; or

(2)

Act upon the matter, either denying the petitioner's request or approving the petitioner's request; and

(3)

Render written findings of fact on all matters heard. The hearing officer shall issue the final findings and determination after the conclusion of the quasi-judicial hearing. Each member of the County Commission, the County Attorney, and the County Administrator shall be mailed notification of the final findings and determination within seven (7) days after rendition of the final findings and determination in accordance with Section 39-42 of this Code. Findings relating to variances shall be in the form of an order. Upon verification that all conditions and limitations of a variance approval have been satisfied, including permits, certificates, or licenses, and if no appeal has been filed with the Circuit Court, the order approving a variance shall also be signed by the zoning official, or designee, and recorded in the Official Records of Broward County, Florida.

(Ord. No. 1998-09, § 2, 4-28-98; Ord. No. 2000-36, § 9, 8-22-00; Ord. No. 2001-13, § 2, 5-8-01; Ord. No. 2001-14, § 2, 5-8-01; Ord. No. 2002-12, § 2, 4-9-02; Ord. No. 2004-05, § 1, 2-24-04; Ord. No. 2005-17, § 5, 6-28-05; Ord. No. 2013-04, § 2, 2-12-13; Ord. No. 2023-26, § 3, 9-7-23, eff. 9-13-23)

(a)

Any person desiring a quasi-judicial hearing before the hearing officer shall file a petition with the Division, on forms prepared by the Division, to provide the hearing officer with the information necessary to render a decision on any matter requested for hearing. The Petitioner shall be responsible for the payment of all costs in connection with the petition, as established by the Board of County Commissioners in the Broward County Administrative Code.

(b)

All applications for a variance shall also include the following:

(1)

A current as-built survey, sealed by a surveyor or civil engineer registered in the State of Florida, defining the boundaries of the property for which the variance is requested, indicating all improvements on the property, including setbacks from property boundaries, and all easements and rights-of-way of record;

(2)

A site plan indicating the proposed construction and indicating the areas for which the variance is requested; and

(3)

Any other information necessary to explain the request.

(c)

All appeals to an administrative decision shall include the following:

(1)

The code section(s) being appealed;

(2)

The decision(s) being appealed;

(3)

The decision(s) being requested;

(4)

Supporting statements, documents, etc.; and

(5)

If the appeal relates to specific property, an as-built survey sealed by a surveyor or civil engineer registered in the State of Florida, defining the boundaries of the property in question, all improvements on the property, including setbacks, and all easements and rights-of-way of record.

(d)

The County shall schedule a public hearing on any request for variance or appeal to an administrative decision within forty-five (45) days after acceptance of a complete petition by the Division, or as soon thereafter as possible. Unless an extension is requested by the Petitioner, in no event shall the public hearing be held later than one hundred twenty (120) days after the acceptance of a complete petition by the Division.

(Ord. No. 1998-09, § 2, 4-28-98; 1999-55, § 1, 10-12-99; Ord. No. 2002-12, § 3, 4-9-02; Ord. No. 2005-11, § 9, 5-24-05; Ord. No. 2005-17, § 5, 6-28-05; Ord. No. 2013-04, § 2, 2-12-13; Ord. No. 2020-34, § 7, 9-22-20)

The appropriate divisions within Broward County shall review all requests for variances and submit written comments relative thereto, whereupon a recommendation shall be presented to the hearing officer at the hearing.

(Ord. No. 1998-09, § 2, 4-28-98; Ord. No. 2005-17, § 5, 6-28-05)

(a)

Publication of agenda: Notice of all quasi-judicial hearings to be held by the hearing officer shall be published in a newspaper of general circulation in Broward County at least ten (10) days prior to any hearing.

(b)

Notice to surrounding properties and others: For any property for which a variance is requested or that is the subject of an appeal of an administrative decision, notice shall be provided by the County to surrounding properties and others as follows:

(1)

a.

All owners of property within a radius of five hundred (500) feet of the perimeter of the petitioned area shall be mailed notification of the hearing by regular first class mail sent at least twenty (20) days prior to any hearing. In the event a requested variance is for the waiver of a required distance separation between uses which is greater than five hundred (500) feet, all property owners within the radius of the required distance separation shall be notified of the hearing by regular first class mail sent at least twenty (20) days prior to any hearing;

b.

If the property is in or is contiguous to any rural, estate, or agricultural district, all owners of property within a radius of one thousand (1,000) feet of the perimeter of the petitioned area, or the next two (2) adjacent properties, whichever distance is greater, shall be mailed notification of the hearing by regular first class mail sent at least twenty (20) days prior to any hearing; or

c.

If the variance or appeal is related to property used, or to be used, as a dump, sanitary landfill, incinerator, or resource recovery facility, email notification shall be provided to the board members of all condominium and homeowners' associations within Broward County and within a radius of four (4) miles of the perimeter of the petitioned area who sign up with Broward County to receive email notifications, and to any other person who lives or owns property within Broward County and within a radius of four (4) miles of the perimeter of the petitioned area who signs up with Broward County to receive email notifications. The notifications provided under this Section c. are courtesy notifications only and shall not affect the validity of any action taken relative to a variance or appeal under this part, and failure to receive such notification shall not give rise to a cause of action challenging action taken related to the variance or appeal.

(2)

The mayor, commissioners, and the city manager of any municipality within Broward County and within a four (4) mile radius of the perimeter of the petitioned area (other than a single family dwelling property) for which a variance is requested or that is the subject of an appeal of an administrative decision shall be mailed notification of the hearing by regular first class mail sent at least twenty (20) days prior to any hearing.

(3)

Email notification shall be provided to the County Commissioners of districts for which any portion of the district is within a radius of four (4) miles of the perimeter of the petitioned area.

(4)

Any unincorporated area neighborhood or civic organization within a four (4) mile radius of the perimeter of the petitioned area shall be provided with email notification of the hearing at least twenty (20) days prior to any hearing. The neighborhood or civic associations receiving such notice shall be those listed on the "Neighborhood Association/Civic Representatives List for the Unincorporated Area" and as delineated on the "Unincorporated Neighborhood Map." The neighborhood list and map shall be available for public inspection, and changes may be made by the Director of the Urban Planning Division.

(5)

In the event a requested variance involving commercial or industrial property is within one thousand (1,000) feet of a Wellfield Zone of Influence, as depicted in the adopted Wellfield Protection Zone of Influence maps, the operator of such wellfield shall be mailed notification by certified mail, return receipt requested.

(6)

In the event the notification area for a variance or appeal related to property that is not used, or not to be used, as a dump, sanitary landfill, incinerator, or resource recovery facility includes land declared to be a condominium or homeowners' association under Chapter 718 or 720, Florida Statutes, then notice to the condominium or homeowners' association shall constitute notice.

(7)

At least twenty (20) days prior to the hearing before the hearing officer, notice of the hearing shall be given, in writing, to each County Commissioner and to the County Administrator. In addition, a copy of the petition shall be forwarded to the Commissioner representing the County Commission district within which the property is located.

Notice shall be provided by the Petitioner to surrounding properties and others by posting a sign on the property at least twenty (20) days prior to the hearing. The sign shall face, and be visible from, the street upon which the property is located. The sign shall be a minimum of two (2) feet by three (3) feet in size and shall be titled as follows:

NOTICE OF QUASI-JUDICIAL PUBLIC HEARING
VARIANCE OR APPEAL OF ADMINISTRATIVE DECISION

The sign shall include the petition number; the date, time, and location of the hearing; and the telephone number of the Urban Planning Division, or successor agency. The Petitioner shall provide a notarized affidavit to the Division, including a photograph of the posted sign, stating that the sign was posted and the date on which the sign was posted. No permit shall be required for such sign. The sign shall remain posted on the property until an order has been rendered by the hearing officer.

(c)

Content: All required notices provided by regular first class mail or e-mail shall contain the Petitioner's name; location and description of the property in question; the nature of the request; the code sections involved; the time, date, and place of the hearing; the Commission district; and the phone number of the Division.

(d)

Determination of ownership: Property owners for purposes of providing notice shall be determined to be the person, persons, or legal entity shown on the current tax roll of Broward County, unless there is actual knowledge of a subsequent owner.

(Ord. No. 1998-09, § 2, 4-28-98; Ord. No. 2000-42, § 1, 9-26-00; Ord. No. 2001-14, § 4, 5-8-01; Ord. No. 2004-05, § 2, 2-24-04; Ord. No. 2005-17, § 5, 6-28-05; Ord. No. 2013-04, § 2, 2-12-13; Ord. No. 2018-15, § 1, 4-10-18; Ord. No. 2018-41, § 2, 9-25-18; Ord. No. 2020-34, § 8, 9-22-20; Ord. No. 2022-22, § 18, 5-11-22)

(a)

The hearing officer shall have the authority to grant a variance to provisions of the Code relating to the following:

(1)

Height.

(2)

Yards.

(3)

Offstreet parking and loading.

(4)

Landscaping and buffers.

(5)

Separation of uses.

(6)

Plot coverage.

(7)

Such other provisions of the Code which do not specifically prohibit such requests. No request may be acted upon by the hearing officer to allow a use which is specifically or by inference prohibited in any zoning district classification, including an increase in density, or any provisions which are specifically prohibited to be waived. For purposes of this section, a request for an increase in density shall be determined to be a density which would not be permitted by the Future Unincorporated Area Land Use Element.

(b)

An appeal from any order, requirement, decision, or determination made by the zoning official must be filed within thirty (30) days after rendition of the order, requirement, decision or determination, whereupon the hearing officer shall have the authority to reverse or affirm, wholly or in part, or modify any order, requirement, decision, or determination made by the zoning official in the interpretation or enforcement of any provision of the Code. The hearing officer shall have all the powers of the official from whose decision the appeal is taken.

(Ord. No. 1998-09, § 2, 4-28-98; Ord. No. 2005-17, § 5, 6-28-05)

(a)

When granting any variance from the terms of the Code, the hearing officer shall determine whether the applicant has met the following criteria:

(1)

That there are unique and special circumstances or conditions applying to the property in question, or to the intended use of the property, that do not apply generally to other properties in the same district;

(2)

That any alleged hardship is not self-created by any person having an interest in the property or is the result of mere disregard for, or ignorance of, the provisions of the Code;

(3)

That strict application of the provisions of the Code would deprive the petitioner of reasonable use of the property for which the variance is sought;

(4)

That the variance proposed is the minimum variance which makes possible the reasonable use of the property;

(5)

That the granting of the variance will be in harmony with the general intent and purpose of the Code and that such variance will not be injurious to the area involved or otherwise detrimental to the public welfare;

(6)

That there exists changed or changing conditions which make approval of the variance appropriate.

(b)

Relevant matters:

(1)

The testimony and submittals of any applicants, their agents, or representatives provided, however, that sworn testimony shall be given greater weight than unsworn testimony; and

(2)

The recommendations of staff; and

(3)

The testimony and submittals of the public; and

(4)

Unresolved code enforcement actions; and

(5)

History of code enforcement orders; and

(6)

Pending applications for land use or zoning changes; and

(7)

Pending site plan applications.

(c)

Matters not relevant:

(1)

The nonconforming use of neighboring lands, structures, or buildings or other nonconformities of neighboring lands, structures, or buildings; and

(2)

Testimony that is not directly relevant to the matter at hand.

(Ord. No. 1998-09, § 2, 4-28-98; Ord. No. 2002-12, § 5, 4-9-02; Ord. No. 2004-05, § 3, 2-24-04; Ord. No. 2005-17, § 5, 6-28-05)

In rendering an order relating to an appeal from an administrative decision or determination the hearing officer shall consider the following:

(a)

Whether there exists an error or ambiguity which must be corrected;

(b)

The general intent of the section of the code which is the subject of the appeal;

(c)

The impact of the order on the surrounding community;

(d)

The testimony and submittals of any appellants, their counsel, agents, representatives, or witnesses;

(e)

The testimony and submittals of the zoning official, representatives, or witnesses; and

(f)

The testimony and submittals of the public relevant to the matter at hand.

(Ord. No. 1998-09, § 2, 4-28-98; Ord. No. 2005-17, § 5, 6-28-05; Ord. No. 2013-04, § 2, 2-12-13)

(a)

In authorizing any variance, the hearing officer may prescribe reasonable conditions and limitations in conformity with the code and applicable laws. A violation of any condition or limitation, when made a part of the terms under which the variance is authorized, shall be cause for termination of the variance. A hearing to show cause for termination of a variance shall be subject to the notice requirements of this article.

(b)

In rendering a decision on any appeal from an administrative decision, the hearing officer may modify or reverse any interpretation of the zoning official. A violation of any modification, when made a part of the findings, shall be considered a violation of the section of the Code that was the subject of the appeal, and shall be subject to enforcement pursuant to Section 39-10 and Chapter 8½ of the Broward County Code of Ordinances.

(c)

Within seven (7) days after the final finding and determination on any variance or appeal of an administrative decision, the Director of the Division shall forward a copy of any order authorizing or denying a variance or any decision approving, modifying, or reversing any decision or determination of the zoning official, consistent with the notice provisions of Section 39-38, to each member of the Board of County Commissioners, the County Administrator, surrounding property owners, mayors, city managers, unincorporated area neighborhood or civic associations, condominium and homeowners' associations, and persons who signed up to receive email notifications, and to any interested person who was present at the hearing below and who requested a copy of the hearing officer's order. The email notifications provided under this part pursuant to Section 39-38(b)(1)c. are courtesy notifications only and shall not affect the validity of any action taken relative to a variance or appeal of an administrative decision, and failure to receive such notification shall not give rise to a cause of action challenging the hearing officer's order.

(Ord. No. 1998-09, § 2, 4-28-98; Ord. No. 2001-14, § 4, 5-8-01; Ord. No. 2002-12, § 6, 4-9-02; Ord. No. 2005-17, § 5, 6-28-05; Ord. No. 2013-04, § 2, 2-12-13; Ord. No. 2018-41, § 3, 9-25-18)

(a)

Unless appealed to the Circuit Court, any variance authorized by the hearing officer, which relates to a structure or use requiring a permit, shall expire one hundred eighty (180) days after the date of the final finding and determination by the hearing officer if:

(1)

No zoning permit, certificate of use, or other required license has been issued based upon and incorporating the variance; and

(2)

All conditions and limitations of the variance have not been satisfied.

(b)

The petitioner shall be notified of the expiration of any variance at least thirty (30) days prior to the expiration.

(c)

Whenever the hearing officer has taken action to reject a variance, the hearing officer shall not consider any further request for the same variance on any part of the same property for a period of twelve (12) months from the date of such action.

(d)

Whenever the hearing officer has taken action to reject a variance, the hearing officer shall not consider any further request for any other variance on any part of the same property for a period of six (6) months from the date of such action.

(e)

The one hundred eighty (180) days shall begin running the day after the final finding and determination by the hearing officer and shall be tolled during the pendency of any appeal to the Circuit Court or upon the filing of a request for relief pursuant to the dispute resolution provisions of Chapter 70, Florida Statutes, as amended from time to time.

(Ord. No. 1998-09, § 2, 4-28-98; Ord. No. 2002-12, § 7, 4-9-02; Ord. No. 2004-05, § 4, 2-24-04; Ord. No. 2005-17, § 5, 6-28-05; Ord. No. 2023-26, § 3, 9-7-23, eff. 9-13-23)

(a)

Order of the hearing officer: Unless appealed to the Circuit Court, the order of the hearing officer shall be final thirty-one (31) days after the date of rendition of the final order. The final order of the hearing officer shall be filed with the clerk of the Division with copies to all parties of record.

(b)

Appeal: Appeal of the hearing officer's order shall be by petition for writ of certiorari to the Seventeenth Judicial Circuit in and for Broward County, Florida, pursuant to the Florida Rules of Appellate Procedure, within thirty (30) days after the final order of the hearing officer becomes final.

(Ord. No. 1998-09, § 2, 4-28-98; Ord. No. 2001-14, § 5, 5-8-01; Ord. No. 2002-12, § 8, 4-9-02; Ord. No. 2004-05, § 5, 2-24-04; Ord. No. 2005-17, § 5, 6-28-05; Ord. No. 2013-04, § 2, 2-12-13; Ord. No. 2018-41, § 4, 9-25-18; Ord. No. 2023-26, § 3, 9-7-23, eff. 9-13-23)

(a)

The general intent of the "Right to Farm Act" is to preserve productive land for agricultural purposes and to protect established farmers from the demands of sprawling urban development. Any person who has not been granted an agricultural classification pursuant to Section 193.461, Florida Statutes, and is claiming that a parcel of land or a portion of a parcel of land is a farm, may make application for an administrative determination as to whether the activities taking place on the parcel are farm operations and activities in accordance with the criteria and definitions set forth within Sections 39-4 and 39-46 of this code and Sections 5-43 and 5-46 of the Broward County Code of Ordinances. Requests for such a determination shall be made to the Department on forms provided by the Division.

(b)

The Department shall review the application and any supporting documents to determine whether the parcel is a farm and whether the activities taking place on the parcel are farm operations and activities in accordance with the criteria and definitions set forth within Sections 39-4 and 39-46 of this code and Sections 5-43 and 5-46 of the Broward County Code of Ordinances. Within forty-five (45) calendar days after the receipt of a complete and sufficient application, the Department shall either grant the application or mail a written response to the applicant providing the reason or reasons for denial. The determination shall be mailed by U.S. Mail, return receipt requested, to the address indicated on the application.

(c)

If the applicant disagrees with the determination of the Department, the determination may be appealed by notifying the Department, in writing, that the applicant is appealing the administrative determination.

(d)

The procedures for conducting hearings shall be approved by a resolution of the County Commission and incorporated in the Administrative Code.

(e)

The hearing officer shall determine whether the parcel is a farm and whether the activities taking place on the parcel are farm operations and activities in accordance with the criteria and definitions set forth within Sections 39-4 and 39-46 of this code and Sections 5-43 and 5-46 of the Broward County Code of Ordinances, applicable statutes, or established case law.

(f)

Nothing in this section prohibits the Department from reconsidering and reversing a denial of the administrative determination at any time prior to the start of the hearing before the hearing officer.

(Ord. No. 2001-18, § 3, 5-22-01; Ord. No. 2005-17, § 5, 6-28-05; Ord. No. 2013-04, § 2, 2-12-13)

The criteria set forth below shall be considered in both the administrative determination and in the hearing by the hearing officer. The applicant shall not be required to demonstrate satisfaction of all of the criteria. However, the applicant shall be required to demonstrate a sufficient factual basis for the Department or the hearing officer to determine that the applicant's property is a farm.

(a)

There are clearly identifiable farm products, as defined in Section 39-4 of this code and Section 5-43 of the Broward County Code of Ordinances, resulting from the farm operation.

(b)

The proportion of the gross acreage of the land used for agricultural purposes and the intensity of the agricultural purposes exceeds any residential or other non-agricultural uses which are also present on the land.

(c)

The parcel in question is comparable to similar farm operations of the same type in the community, which are classified as agriculture pursuant to Section 193.461, Florida Statutes, or which have been determined to be a farm pursuant to Section 5-45 of the Broward County Code of Ordinances.

(d)

A Schedule "F" or other Federal Income Tax return has been filed in connection with any farm income and expenditures.

(e)

The length of time the land has been used for agriculture by the current operator and the level of agricultural activity achieved commensurate to this time period.

(f)

The amount of time, effort, and capital invested in the agricultural use of the land.

(g)

The property owner has membership or involvement with agricultural associations, such as the Farm Bureau, the Nursery and Growers Association, breed societies, or other organizations which may be specific to various forms of agriculture.

(Ord. No. 2001-18, § 3, 5-22-01; Ord. No. 2013-04, § 2, 2-12-13)

(a)

Purpose: The purpose of this section is to provide a procedure for owners of certain properties within the Municipal Services District to obtain minor administrative adjustments to the landscaping requirements specified in the Code, provided the specified standards of this section are met.

(b)

Applicability: Notwithstanding any other provisions of the Code to the contrary, the Director shall have the authority, by administrative decision, to approve applications for limited adjustments to the landscaping requirements of the Code.

(c)

Limitations and exclusions: Administrative adjustments which reduce landscaping requirements contained in Article VIII of the Code shall not be reduced to less than seventy-five percent (75%) of that required.

(d)

Application: An application for administrative adjustment shall be made by the owner of the property subject to the application (Applicant) on a form prescribed by the Division. The application shall include:

(1)

A current as-built survey, sealed by a surveyor or civil engineer in the State of Florida, dated within one (1) year preceding the filing date of the administrative adjustment application, defining the boundaries of the property for which the administrative adjustment is requested, indicating all improvements on the property, including setbacks from property boundaries and all easements and rights-of-way of record;

(2)

A site plan or landscape plan indicating the proposed landscaping and indicating the areas for which the administrative adjustment is requested;

(3)

Information indicating that the circumstances supporting the administrative adjustment are not the result of a hardship imposed or created by the property owner;

(4)

That the general purposes of the Code, including Article VIII, will be maintained with the adjusted requirements;

(5)

That the administrative adjustment will not result in a special privilege to one (1) individual property, and the circumstances are such that the administrative adjustment would be appropriate for any property owner facing similar circumstances;

(6)

That the granting of the administrative adjustment would not be injurious to the public health, safety, or welfare; and

(7)

Notice to neighboring properties: Except as otherwise provided in this section, proof, acceptable to the Division, that written notice of the application for administrative adjustment has been provided to all contiguous property owners, including those located across the street(s) from the property subject to the application.

a.

Said notice shall not be required when a public right-of-way or body of water, measuring seventy (70) feet or more in width, separates the property subject to the application from another parcel.

b.

The notice shall accurately describe the adjustment requested, provide that the application will be acted upon no sooner than forty-five (45) days after the date of the notice, and include the name, address, and telephone number of the Division Director in order for the neighboring property owner(s) to obtain additional information or provide comments.

c.

Notice(s) shall be sent by first class mail, return receipt requested, to the property owner(s) of record, as reflected on the tax rolls of Broward County. Notice shall be deemed sufficient if the U.S. Postal Service has returned the notice as "undeliverable," "refused," or if, after forty-five (45) days after receipt of notice, as indicated on the return receipt, the neighboring property owner has failed to respond.

(e)

Inspection: Prior to making a decision on an application for administrative adjustment, the Director or a staff member may inspect the property subject of the application and the surrounding properties to determine what impact, if any, the proposed administrative adjustment will have on the contiguous lots.

(f)

Considerations for administrative adjustments: The Director may consider any or all of the following factors, as applicable, when granting or denying an administrative adjustment request:

(1)

That the administrative adjustment will not result in a special privilege to one (1) individual property, and the circumstances are such that the administrative adjustment would be appropriate for any property owner facing similar circumstances;

(2)

That any alleged hardship is not self-created by any person having an interest in the property or is the result of mere disregard for, or ignorance of, the provisions of the Code;

(3)

That the general purposes of the Code, including Article VIII, will be maintained with the adjusted requirements; and

(4)

That the granting of the administrative adjustment would not be injurious to the public health, safety, or welfare.

(g)

Administrative determinations on applications for administrative adjustments: No sooner than forty-five (45) days after notice of the application for administrative adjustment is received by all contiguous property owners, or the notice is returned by the U.S. Postal Service, as set forth above, the Director shall review all necessary information, including a staff report, and render a decision either approving, approving as modified, or denying the administrative adjustment request. In authorizing an administrative adjustment, the Director may prescribe reasonable conditions and limitations in conformity with the Code and applicable laws. Within seven (7) days after the Director's rendition of a decision on any administrative adjustment, the Director shall forward a copy of the decision by U.S. Mail or interoffice mail, as applicable, to the Applicant, each member of the Board of County Commissioners, the County Administrator, contiguous property owners, and any interested person who submitted documentation or information and requested a copy of the decision. Unless appealed as set forth below, decisions regarding administrative adjustments shall become final thirty (30) days after mailing.

(h)

Appeal: Appeals of the decision of the Director regarding an administrative adjustment shall be made no later than thirty (30) days after the written determination is mailed as provided in (g) above. Appeals shall be processed pursuant to Article V of the Code. In the event an appeal is made by an aggrieved property owner other than the Applicant, the Director may stop or suspend any construction authorized by the adjustment until the appeal has been concluded. If the Director determines that the suspension of construction could cause imminent peril to life or property, the Director may permit the construction to continue upon such conditions and limitations, including the furnishing of an appropriate bond, as may be deemed proper under the circumstances.

(i)

Expiration: Unless appealed, administrative adjustments which allow the issuance of a permit shall expire one hundred eighty (180) days after the date of rendition of such adjustment if:

(1)

No zoning permit, certificate of use, or other required license has been issued based upon and incorporating the administrative adjustment; or

(2)

If all conditions of the administrative adjustment have not been satisfied.

The one hundred eighty (180) day time period shall be tolled during the pendency of any appeal(s).

(Ord. No. 2017-15, § 1, 5-23-17; Ord. No. 2025-15, § 3, 4-1-25)

Editor's note— Ord. No. 2025-15, § 3, adopted April 1, 2025, amended the title of § 39-47 to read as set out herein. Formerly § 39-47 pertained to administrative adjustment procedure.

The Director shall have the authority to waive any setback distance by up to ten percent (10%), but not to exceed one (1) foot.

(Ord. No. 2025-15, § 4, 4-1-25)

Upon written request and payment of the applicable fee, the zoning official shall provide a formal zoning verification letter to (i) confirm applicable zoning regulations and permitted uses and (ii) indicate whether a property is in compliance with the current zoning district.

(Ord. No. 2025-15, § 5, 4-1-25)