The purpose of this Article is to provide mechanisms for obtaining relief from the provisions of this Code where hardship would otherwise occur. Three forms of hardship are addressed:

(1)

Part 8.01.00 addresses hardship that would be caused if nonconforming development were required to immediately come into compliance with this Code;

(2)

Part 8.02.00 addresses the hardship that may be caused in particular cases by the imposition of the Code's development design standards; and

(3)

Part 8.03.00 addresses the hardship that may be caused in particular cases by the Code's land use regulations or resource protection standards.

(Ord. No. 2023-16, § 1(Exh. A), 12-14-2023)

Subject to the provisions below for terminating nonconforming development, such development may, if otherwise lawful and in existence on the initial date of adoption of this Code, remain in use in its nonconforming state.

(Ord. No. 2023-16, § 1(Exh. A), 12-14-2023)

A.

Generally. Nonconforming development must be brought into full compliance with the use regulations in Article II of this Code, and the development design and improvement standards in Article V of this Code, in conjunction with the following activities:

1.

The gross floor area of the development is expanded by more than ten (10) percent, or more than four thousand (4,000) square feet, whichever is less. Repeated expansions of a development, constructed over any period of time commencing with the effective date of this Code, shall be combined in determining whether this threshold has been reached.

2.

For the purposes of this Code, structures existing as of the initial date of adoption of this Code shall be permitted to be rebuilt in the event of an accident as long as the gross density or intensity of the property is not increased and the land use remains consistent with that in effect as of the initial date of adoption of this Code, and as long as all adjoining property owners do not object to the continuance of the nonconforming use.

3.

A nonconforming structure or activity is left unoccupied for six (6) months or more.

B.

Special Provisions for Specific Nonconformities.

1.

Stormwater Management Requirements. Any water supply system or liquid or solid waste disposal facility which at the time of the application for a permit is found to be in violation of a Code requirement essential to public health shall be brought into compliance immediately.

2.

Parking and Loading Requirements. Historic structures and/or sites designated as such under the Land Use Regulation portion of this Code, may be granted relief from the provisions of this Code related to parking, loading, and open space requirements in order to preserve their historic character. The provisions of Section 8.02.00 shall apply in such cases.

3.

Nonconforming Signs. Any nonconforming sign as described in Section 8.00.02 shall be removed within five years of the adoption of the Code or of the amendment to the text or maps of the Code which causes such a sign to be classified as nonconforming. In the interim, a nonconforming sign may be continued and shall be maintained in good condition as required by this Code, but it shall not be:

(a)

Structurally changed to another nonconforming sign, but its pictorial content may be changed;

(b)

Structurally altered to prolong the life of the sign, except to meet safety requirements;

(c)

Altered in any manner that increases the degree of nonconformity;

(d)

Expanded;

(e)

Re-established after damage or destruction if the estimated cost of reconstruction exceeds fifty (50) percent of the appraised replacement cost as determined by the Development Administrator;

(f)

Continued in use when a conforming sign or sign structure shall be erected on the same parcel or unit;

(g)

Continued in use when the structure housing the occupancy is demolished or requires renovations the cost of which exceeds fifty (50) percent of the assessed value of the structure;

(h)

Continued in use after the structure housing the occupancy has been vacant for six (6) months or longer.

4.

Nonconforming Outdoor Storage Activities. Any nonconforming outdoor storage activities as described in Section 8.00.02 shall be eliminated within one (1) year of the adoption of this Code.

(Ord. No. 2023-16, § 1(Exh. A), 12-14-2023)

Within two (2) years of the adoption of this Code a permit shall be obtained from the Planning Department at a cost identified in Section 10.09.00 describing a building, activity or structure which exists at the time of the adoption of the Code. The permit application may ask for information considered by the Development Administrator to be relevant to the administration of the Code. Such a permit shall be obtained by the person or firm conducting a business or other nonresidential activity employing two (2) or more persons; by the owner of an outdoor storage activity for vehicles, farm implements, boats or other large objects; by the owner or a water supply system or liquid or solid waste disposal facility which serves two (2) or more residences or serves a business or other nonresidential activity employing two (2) or more persons; by the owner of land or a building on which is attached a sign or outdoor advertising device which refers to a product or service not offered on the premises of the sign. No permit shall be required for the operation of a farm producing crops, livestock, dairy, or nursery products.

(Ord. No. 2023-16, § 1(Exh. A), 12-14-2023)

The Development Administrator shall indicate on the premises whether the activity or use is nonconforming and therefor subject to the rights limits above. The holder of a permit may appeal this determination by following the procedures of 10.08.00. Any structure or use for which a permit has not been obtained as required in this Section shall be considered as not having been in existence at the time of the adoption of the Code.

(Ord. No. 2023-16, § 1(Exh. A), 12-14-2023)

A.

Washington County and its municipalities shall provide for condemnation relief which is intended to provide relief to property owners affected by the condemnation of property for road right-of-way expansion. This allows for a relaxation of requirements in this Land Development Code when necessary for the reasonable use of the property in situations where substandard parcels are created, existing structures are rendered nonconforming, available parking areas are reduced, or the reasonable use of the land is prevented. Such relief is only to be applied when, at the discretion of the Development Administrator, strict enforcement of the provisions of this Land Development Code would have the effect of increasing the cost of land acquisition to the condemning authority and/or causing undue hardship to the landowner. The following requirements shall apply to condemnation relief. Nonconformities existing prior to the condemnation shall not be grandfathered under this relief.

1.

Existing use areas of the property outside of the area condemned, but which, because of the condemnation, do not comply with the quantitative standards for setback, buffers, minimum lot size requirements, lot coverage, stormwater management, required parking, open space, or landscaping provisions of this Land Development Code, shall not be required to be reconstructed to meet such requirements, and the land and/or uses shall thereafter be deemed to be conforming properties/uses. The exemption created shall constitute a covenant of compliance running with the use of the land.

2.

Any previously conforming building, vehicular use area, or other permitted use taken either totally or partially may be relocated on the remainder of the site without being required to comply with the use and/or setbacks and other quantitative provisions of this Land Development Code. However, the relocated building, vehicular use area, or other permitted uses shall be set back as far as physically feasible without reducing the use or utility of said, as feasibility is determined by the Development Administrator. The exemption covering relocation of the building or use shall constitute a covenant of compliance running with the land.

(Ord. No. 2023-16, § 1(Exh. A), 12-14-2023)

A.

Granted by Governing Body, Tire local governing body (i.e., the County Commission or Town/City Council) may grant a variance from the strict application of any quantitative (numeric, such as setbacks, height, lot coverage) provision of this Code if the following procedures are followed and findings made. Variances shall not be allowed to any qualitative (non-numeric) provision of this code (allowing something in a land use district or yard where it would otherwise not be allowed).

B.

Variances to be Considered as Part of Development Review. Any person desiring to undertake a development activity not in conformance with this Code may apply for a variance in conjunction with the application for development review. A development activity that might otherwise be approved by the Development Administrator must be approved by the local governing body if a variance is sought. Said variances shall be approved by the Board of County Commissioners when requested with Major Development Review Applications within the unincorporated county, and shall be approved by the Planning Commission when requested with Minor Development Review Applications for developments located within the unincorporated county. Variances requested for properties within the jurisdiction of the municipalities of Caryville, Ebro, Vernon, or Wausau must have a recommendation from the Washington County Planning Commission with final approval by the Town/City Council.

C.

Required Findings. The local governing body shall not vary the requirements of any provision of this Code unless it makes a positive finding, based on substantial competent evidence, on each of the following:

1.

There are practical or economic difficulties in carrying out the strict letter of the regulation.

2.

Tire variance request is not based exclusively upon a desire to reduce the cost of developing the site.

3.

Tire proposed variance will not substantially increase congestion on surrounding public streets, the danger of fire, or other hazard to the public.

4.

The proposed variance will not substantially diminish property values in, nor alter the essential character of, the area surrounding the site.

5.

The effect of the proposed variance is in harmony with the general intent of this Code and the specific intent of the relevant subject area(s) of the Code.

6.

That special conditions and circumstances which are peculiar to the land, structure, or building involved and which are not applicable to other lands, buildings, or structures in the same land use district.

7.

That the special conditions or circumstances do not result from the applicant or the applicant's predecessors in title.

8.

That the literal interpretation of this Land Development Code would work an unnecessary and undue hardship on the applicant, depriving the applicant of rights commonly enjoyed by other properties in the same land use district under the terms of this Land Development Code and other applicable Building Codes of the County.

9.

That approval of the variance requested will not confer on the applicant any special privilege that is denied by this Land Development Code to other lands, buildings, or structures in the same land use district.

10.

That the requested variance is the minimum variance from this Land Development Code to make possible the reasonable use of the land, building, or structure.

11.

That approval of the variance will be in harmony with the general intent and purposes of this Land Development Code and will not be injurious to the neighborhood or otherwise detrimental to the public welfare.

(Ord. No. 2023-16, § 1(Exh. A), 12-14-2023)

(See also Appendix A-Floodplain Management Ordinance.)

A.

Conditions for Modification. The local governing body may permit modifications in the minimum standards of design under the following conditions:

1.

Because of unique topographic or other conditions of the land involved, and not the result of the actions of the developer, literal application of the provisions of this Code would impose unnecessary hardship; and

2.

Conditions are attached to development permit approval that assure compliance with the requirements of this Code insofar as practical and the modification granted is the minimum modification necessary to make possible a reasonable use of the land; and

3.

The purposes and intent of Article are observed; and

4.

There is no substantial increase in flood hazard or flood damage potential, as certified by a registered Florida professional engineer; and

5.

The local governing body shall maintain the records of all appeal actions, including the technical information.

B.

Additional Finding. In addition to the findings required by Section 8.02.02(B), the local governing body shall find that the requested variance will not result in an increase in the elevation of the Base Flood, additional threats to public safety, additional public expense, the creation of nuisances, fraud or victimization of the public, or conflicts with other local ordinances.

C.

Considerations. Before granting a variance, the local governing body shall consider:

1.

The danger that materials may be swept from the site onto other lands.

2.

The danger to life and property from flooding or erosion.

3.

The potential of the proposed facility and its contents to cause flood damage and the effect of that damage on the owner and the public.

4.

The importance of the services provided by the proposed facility to the community, and whether it is a functionally dependent facility.

5.

The availability of alternative locations, not subject to flooding and erosion, for the proposed use.

6.

The compatibility of the proposed use with existing and anticipated neighboring development.

7.

The relationship of the proposed use to the Washington County Comprehensive Plan and the floodplain management program for the area.

8.

Safe vehicular access to the property in times of flood.

9.

The expected heights, velocity, duration, rate of rise and sediment transport of the flood waters and effects of wave action, if applicable, at the site.

10.

The costs of providing governmental services during and after floods including maintenance and repair of public utilities and facilities.

D.

Flowage Easement. No variance that would increase the potential for flood damage on other property shall be granted unless flowage easements have been obtained from the owners of all affected properties.

E.

Notification. All variances to the flood protection regulations shall:

1.

Specify the difference between the flood protection elevation and the elevation to which the structure is to be built.

2.

State that the variance will result in increased premium rates for flood insurance up to amounts as high as twenty-five dollars ($25.00) for one hundred dollars ($100.00) of insurance coverage.

3.

State that construction below the Official 100-year Flood Elevations increases risks to life and property.

F.

Record of Variances to be Maintained. The Development Administrator shall maintain a record of all variances including the justification for their issuance and a copy of the notice of the variance. The Administrator or designee shall report all variances in the Annual Report to the Board of County Commissioners.

G.

Historic Sites. Notwithstanding the foregoing requirements, special variances may be granted for the reconstruction, rehabilitation or restoration of structures listed on, or classified as contributing to a district listed on, the National Register of Historic Places, the Florida Master Site File, or a local register of historic places. The special variance shall be the minimum necessary to protect the historic character and design of the structure.

No special variance shall be granted if the proposed construction, rehabilitation, or restoration will cause the structure to lose its historical designation.

(Ord. No. 2023-16, § 1(Exh. A), 12-14-2023)

The density or intensity of a use that would have been allowed on a site designated as an environmentally sensitive area in the absence of the application of this Code maybe used by "clustering" the development within the non-sensitive areas within the project site.

(Ord. No. 2023-16, § 1(Exh. A), 12-14-2023)

Development on parcels containing environmentally sensitive areas may be clustered on non-sensitive portions of the site by concentrating the number of units or the amount of square footage allowed for the entire site under the otherwise applicable land use designations on those non-environmentally sensitive portions of the site. The clustered development shall meet all applicable provisions of this Code including those in the resource protection regulations and other related to development activities adjacent to environmentally sensitive areas as described in Article IV of this Code.

(Ord. No. 2023-16, § 1(Exh. A), 12-14-2023)