(A)

An applicant may seek relief, deviations, and/or adjustments from the dimensional and technical provisions of this Code as a variance, waiver and/or administrative adjustment. A variance requires a public hearing before the Board of County Commissioners; a waiver requires Planning and Zoning Board or Board of County Commissioners approval; and an administrative adjustment allows for County staff to decide minor adjustments to Code standards specified in this Article. These processes are further described in individual sections of this Article.

(B)

A variance, waiver, and/or administrative adjustment may not be granted to the following:

(1)

Density and intensity limitations of the Code and the Comprehensive Plan.

(2)

Land usage restrictions of the Code and the Comprehensive Plan.

(3)

Review and procedural requirements of the Code.

(4)

State and federal rules, regulations, and standards.

(C)

Required Information. Requests must be submitted to the Planning and Development Director and shall include the following information at the discretion of the Planning and Development Director:

(1)

A proposed site development diagram (concept plan) drawn to scale.

(2)

An accurate survey of the subject site and proposed adjustments.

(3)

A written explanation and justification of the requested variance, waiver, and/or administrative adjustment.

(4)

A written response for each of the criteria for granting variances, waivers and/or administrative adjustments as listed in this division.

(5)

Other supplementation information as required by the Planning and Development Director or designee.

(D)

Initiation of Construction. A variance, waiver, or administrative adjustment issued under the provisions of this division shall automatically expire within two years from the date of granting such approval if construction of the project has not commenced and continued in good faith. All site plans must be approved and development orders must be finalized; and the granting of any variance, waiver, or administrative adjustment shall not be deemed as automatic approval for any such permit or site plan required.

(E)

Extensions. The Planning and Development Director may grant an extension of up to one year upon showing of good cause, provided the request for extension is submitted in writing stating the reason for the extension, and it is received prior to the expiration of the variance, waiver, or administrative adjustment.

(F)

Expiration. Variance, waivers, and administrative adjustment approvals shall automatically expire in the event a subject structure is removed from the site or a subject use is discontinued for a period of 180 consecutive days.

(G)

Economic hardship shall not be a justifiable reason for granting a variance, waiver, or administrative adjustment.

The following table provides a comparison of the variance, waiver, and administrative adjustment process.

Table 11-01
Comparison of Variance, Waiver, and Administrative Adjustment

(A)

Generally. A variance is the process under which the Board of County Commissioners may grant relief from dimensional standards established by this Code.

(1)

Variances shall be heard and decided by the Board of County Commissioners in a public hearing that has been advertised in accordance with Section 10.09.00.

(2)

Any person, firm, or corporation owning property in Hardee County may apply for a variance.

(3)

A variance request shall be submitted on an application form, provided by the County, together with all applicable fees as established by resolution by the Board of County Commissioners.

(4)

A variance is authorized only for height, area, size of structure or size of yards and open spaces, or other dimensional requirements. Establishment or expansion of a use otherwise prohibited shall not be allowed by variance nor shall the variance be granted because of the presence of nonconformities in the zoning district or classification or in the adjoining zoning districts or classifications. Provisions relating to concurrency or consistency with the Comprehensive Plan shall not be allowed a variance.

(5)

Variances granted by the Board of County Commissioners shall be the minimum necessary to provide a reasonable use of the property and may be approved subject to conditions that the Board of County Commissioners deems appropriate.

(B)

Criteria for Granting a Variance. The granting of a variance shall be based on a determination by the Board of County Commissioners that the request will not be contrary to the public interest and the intent of this Code, and that strict enforcement of the regulation in question would create an undue and unnecessary hardship for the applicant. Considerations of health, convenience, or economics shall not be considered as justification for a variance. Approval of a variance shall be based solely on the following criteria, all of which must be fully satisfied:

(1)

Special conditions and circumstances exist that are peculiar to the land or structure involved and that are not applicable to other lands or structures in the same land use classification.

(2)

The special conditions and circumstances do not result from the actions of the applicant.

(3)

The requested variance, if approved, will not confer on the applicant any special privilege that is denied by the provisions of this Code to other lands or structures in the same land use classification.

(4)

Literal interpretation of the provisions of this Code would deprive the applicant of rights commonly enjoyed by other properties in the identical land use classification and will constitute an unnecessary and undue hardship on the applicant.

(5)

The variance granted is the minimum variance that will make possible a reasonable use of the land or structure.

(6)

The granting of the variance will be in harmony with the general intent of this Code, and that such variance will not be injurious to the area involved or otherwise detrimental to the public welfare.

(C)

Term of Variance. Variances granted by the Board of County Commissioners are valid per Section 11.01.00 (D), or 11.01.00(E) as applicable, and the variance runs with the property. If an improvement associated with the issuance of a variance is removed, the variance shall automatically expire as provided in Section 11.01.00(F).

(A)

General. Where the Board of County Commissioners finds that undue hardship due to unreasonable practical difficulties may result from strict compliance with the requirements for subdivisions only, the Board of County Commissioners may approve a waiver to the requirements if the waiver serves the public interest.

(B)

Conditions of Waiver for Subdivisions. An applicant seeking a waiver shall submit a written request to the Planning and Development Director stating the reasons for the waiver and the facts which support the waiver. The Board of County Commissioners shall not approve a waiver unless it determines the following:

(1)

The particular physical conditions, shape, or topography of the specific property involved causes an undue hardship to the applicant if the strict letter of the Article is carried out.

(2)

The granting of the waiver will not be injurious to adjacent properties.

(3)

The conditions upon which a request for a waiver are based are unique to the property for which the waiver is sought and do not result from actions of the applicant.

(4)

The waiver is consistent with the intent and purpose of the Unified Land Development Code, the Comprehensive Plan, and the requirements of this Article. If the Board of County Commissioners approves a waiver, the Board of County Commissioners may attach such conditions to the waiver as will ensure that the waiver will comply with the intent and purpose of this Article.

(A)

General. Except for those waivers authorized by Section 11.04.01, the Planning and Zoning Board may approve a waiver where it is determined that undue hardship due to unreasonable practical difficulties may result from strict compliance with a requirement of the Unified Land Development Code.

(B)

A waiver shall not modify any requirement or term customarily considered as a variance.

(C)

A waiver shall be considered only in cases where alternative administrative procedures are not set forth within the Unified Land Development Code.

(D)

A waiver may be approved only upon showing of good cause, and upon evidence that an alternative to a specific provision(s) of the Code shall be provided, which conforms to the general intent and spirit of the Unified Land Development Code. In considering any request for a waiver, the Planning and Zoning Board may require conditions as appropriate to ensure that the intent of this Unified Land Development Code is enforced.

(E)

Conditions of Waiver. An applicant seeking a waiver shall submit a written request to the Planning and Development Director stating the reasons for the waiver and the facts which support the waiver. The Planning and Zoning Board shall not approve a waiver unless:

(1)

Compliance with such provision(s) would be unreasonable; or

(2)

Compliance with such provision(s) are in conflict with the public interest; or

(3)

Compliance with such provision(s) are a practical impossibility.

The purpose and intent of the administrative adjustment process is to provide flexibility in property development without requiring the time and expense of adjustments from this Code through a public hearing process, and to provide a streamlined alternative to the variance and waiver processes heard by the Board of County Commissioners or the Planning and Zoning Board.

The Planning and Development Director shall have the authority to approve, approve with conditions, or deny applications for administrative adjustments consistent with the requirements specified in this Section. Any such adjustment shall be from the requirements of this Code only. The Planning and Development Director does not have the authority to approve an administrative adjustment for: allowable uses, density, intensity, or any other provision prescribed in the Comprehensive Plan; any requirement of the flood hazard area regulations; allowing expansion of any nonconforming use or structure; or as otherwise specified in this Code.

The Planning and Development Director shall make a final decision regarding an application for administrative adjustment based upon consideration of the following factors:

(A)

The administrative adjustment will not interfere with the rights of others or create harm or hardship for other property owners, nor will it otherwise constitute a threat to the general health, safety, and welfare of the public.

(B)

The action involved provides a reasonable adjustment under the specific circumstances of each application.

(C)

The action involved is generally consistent with the spirit and intent of this Code and the Comprehensive Plan.

(D)

The action involved is the absolute minimum necessary to provide relief under the specific circumstances of each application.

(E)

The action involved otherwise complies and is consistent with other applicable requirements of this Code and any other county, state, or federal laws and regulations.

Only the following adjustments may be approved by the Planning and Development Director pursuant to Sections 11.05.02 and 11.05.03.

11.05.04.01 Administrative Approval of Minor Field Adjustments

The Planning and Development Director or Building Official, in the event the request is governed by the Florida Building Code, has the authority to approve minor field adjustments. A minor field adjustment is a deviation from a final development order that falls within the following limits and that is necessary in light of technical or engineering considerations first discovered during actual development and not reasonably anticipated during the initial approval process:

(A)

Alteration of the location of any road, walkway, landscaping, or structure by not more than five feet.

(B)

Reduction of the total amount of the yard area associated with any single structure by not more than 10%.

(C)

Reduction of the total amount of open space by not more than 10% associated with any single structure.

(D)

If the work is found to have one or more minor field adjustments, the applicant shall submit a revised site plan showing the deviations and the development order to conform to the actual development. Any minor field adjustment that significantly affects the development's compliance with the purposes of this Code to the Board of County Commissioners.

11.05.04.02 Major Deviation from Development Permits and Development Orders

A major deviation is a deviation from a final development order other than a minor field adjustment.

Failure to adhere to the terms and conditions of a development order shall be considered a violation of the County Code and any persons found violating the conditions shall be subject to the penalties prescribed by Section 1.13.00 of the Land Development Code, including but not limited to, the revocation of any of the approval(s) granted by the development order.

11.05.04.03 Setback Adjustments

In single-family zoning districts only, the Planning and Development Director may approve the reduction of front, side, and rear building setbacks for principal and accessory structures (excluding swimming pools) by no more than 10% subject to the following conditions:

(A)

The setback requirement is established by the zoning district and no other section of this Code.

(B)

The total structural coverage of the lot or building site shall not exceed 45%.

(C)

The approval would not result in the encroachment of a structure into an existing utility or drainage easement held by the County.

(D)

A certified survey shall be submitted by the applicant verifying building locations and structural coverage.

11.05.04.04 Parking and Loading Requirements

Parking spaces required pursuant to the Americans with Disabilities Act or Florida Accessibility Code are not eligible for an administrative adjustment.

(A)

The minimum number of parking and/or loading spaces may be adjusted up to 20% or two spaces, whichever is greater; this adjustment may not be permitted in addition to the other administrative reductions outlined in Section 11.05.00.

(B)

The minimum parking/loading dimensions may be adjusted up to 20% or two feet whichever is greater.

(C)

The requirement for paving and striping of parking lots, except handicapped parking requirements, prescribed in Subsection 11.05.04.04 of this Code, may be reduced or waived after approval from the Public Works Department.

11.05.04.05 Landscaping, Compatibility Screening, and Buffering

(A)

Landscaping and tree preservation requirements may be adjusted up to 50%. This may include adjustments to plant quantity, plant size, buffer width, and location.

(B)

Screening and buffering requirements may be reduced or waived when it can be conclusively demonstrated that compatibility buffering is not necessary to protect adjacent land uses.

11.05.04.06 Sign Dimensional Standards

Sign dimensional standards may be adjusted up to 20%. This is limited to adjustments to sign placement on the site.

11.05.04.07 Construction Standards and Materials

Construction standards and materials for sidewalks, roadways, driveways, and similar elements may be varied and/or adjusted when alternative materials or methods are used that meet or strengthen the intent. Dimensional requirements may be adjusted up to 20%. Adjustments pertaining to ADA standards are not permitted.

The regulations of this Article govern uses, structures, lots, signs, and other situations that came into existence legally but that do not conform to one or more requirements of this Unified Land Development Code. These are referred to in this Code as "nonconformities."

To encourage development consistent with this Unified Land Development Code and provide owners with reasonable use of their land, it is the general policy of the County to allow uses, structures, signs, lots, and other situations that came into existence legally, in conformance with then applicable requirements, to continue to exist and be put to productive use, but to bring as many aspects of such situations into compliance with existing regulations as is reasonably possible in a manner consistent with the Comprehensive Plan.

The regulations of this Article are intended to:

(A)

Recognize the interests of owners in continuing to use their property;

(B)

Promote reuse, rehabilitation, and redevelopment of existing buildings and sites; and

(C)

Prohibit the expansion and alteration of nonconformities that have the potential to adversely affect surrounding properties or the community as a whole.

Any nonconformity that existed on the effective date of this Code or that becomes nonconforming upon the adoption of any amendment to this ULDC, may be continued in accordance with the provisions of this Article.

The burden of proving that a nonconformity exists rests with the subject owner. Non conformity status runs with the land and is not affected by changes of tenancy, ownership, or management.

A use permitted by temporary use permit, or a use permitted by special use permit or special exception under previous zoning regulations; and which is a permitted use under the current Code shall be allowed to continue, extend, enlarge, expand, rebuild, or repair consistent with the requirements of the current Code, subject to voluntary termination of the previous approval in accordance with its approval process. So long as the existing permit remains valid, the use may continue, extend, enlarge, expand, rebuild, or repair consistent with the conditions of the existing development order.

(A)

Nonconforming Uses. A nonconforming use of a structure shall be allowed to continue provided that it shall not be:

(1)

Changed to another nonconforming use except where it is determined by the BOCC in accordance with the review process identified in Article 9, that:

(a)

The design, construction, and character of the building is unsuitable for uses permitted in the district in which such nonconforming use is situated;

(b)

It is further determined that the proposed nonconforming use, including its customary accessory uses, is equally or more appropriate to the district than the existing nonconforming use; and

(c)

That the relation of the structure to the surrounding properties is such that adverse effects on occupants of neighboring properties will not be greater than if the existing nonconforming use is continued.

(2)

Extended, enlarged, or expanded; unless under one of the following exceptions:

(a)

Structural alterations to single-family residences shall be permitted if the cost of the structural alteration does not exceed 50% of the market value of the structure.

(b)

A single unenclosed covered structure less than 1,500 square feet may be added to non-residential sites provided that such structure complies with any required setbacks.

(c)

A manufactured or mobile home established as a legal permanent residence prior to the effective date of this Code and which has not been vacant for longer than 180 days may be repaired, rebuilt, or replaced in accordance with the following requirements:

1.

The repaired, rebuilt, or replaced manufactured or mobile home meets the requirements and limitations, with the exception of zoning district, in _______; and

2.

The Planning and Development Director determines that the replacement mobile home or manufactured home is newer than the unit being replaced.

(B)

Loss of Nonconforming Use Status. Once a nonconforming use is abandoned, the use's nonconforming status is lost, and any subsequent use of the property shall comply with the regulations of the zoning district in which it is located. A nonconforming use will be considered abandoned when any of the following occurs:

(1)

The intent of the owner to discontinue the use is apparent;

(2)

The use has been discontinued for a period of 18 months or more;

(3)

A demolition permit has been applied for;

(4)

The characteristic equipment and furnishings associated with the nonconforming use have been removed from the premises and have not been replaced by similar equipment within 90 days, unless other facts show intention to resume the nonconforming use;

(5)

The nonconforming use has been replaced by a conforming use; or

(6)

A building permit to reconstruct a damaged nonconforming use has not been secured within 12 months of the date of occurrence of such damage or construction has not been diligently pursued.

(C)

When a building or structure, the use of which does not conform to the provisions of this Code, is damaged to the extent of more than 50% of its fair market value immediately prior to the time of destruction, as determined by the County property appraiser, the use may not be restored except in conformity with the regulations of the applicable zoning district. This provision does not apply to single-family dwellings.

(D)

Discontinuance of Nonconforming Uses of Land. Nonconforming uses of land, not contained within principal buildings and any open use of land that becomes nonconforming because of subsequent amendments to this Code, including but not limited to open storage; building supplies; vehicle, implement and machinery storage, either on the same lot or on another lot with a plant, factory or sales facility; junkyards; kennels; commercial dairies that did not exist prior to the effective date of this Code; commercial animal raising and similar uses shall comply with this Code or be discontinued on or before 18 months following notice by certified mail by the County, unless that time period for conformance or extension is extended by the BOCC. Prior to the conclusion of 18 months following notice of nonconformance by the County, a property owner may submit an application for an extended time period for conformance or discontinuance of a nonconforming open use of land in accordance with Article 9, Application Review and Decision Making. At a properly noticed public hearing, the BOCC shall consider the following as part of its decision to approve or deny an application for an extended time period for conformance or discontinuance of a nonconforming use, and, if approved, its decision of how long to extend the time period:

(1)

To what extent the nonconforming use adversely affects the health, safety, and welfare of the public; and

(2)

Whether and to what extent, before the use became nonconforming, the owner made a substantial change in position or incurred extensive obligations and expenses that cannot be mitigated or recovered on or before 18 months following notice of nonconformance by the County.

The BOCC may require that satisfactory provisions be made to reduce noise, glare or odor effects on surrounding properties as a condition of granting an extension of the time period for conformance or discontinuance. These provisions may include, but are not limited to, increased setbacks from the property lines, additional screening or buffering from neighboring properties, and limited hours of operation. If a property owner or other lawful occupant of a property for which the BOCC has approved a time period extension, fails to comply with the conditional provisions of the approval, the Board may, at a properly noticed public hearing, revoke the time period extension. Nothing in this provision prevents the BOCC from requiring the immediate conformance or discontinuance of a nonconforming use if it determines a particular use to be an imminent and substantial threat or nuisance to the health, safety, and welfare of the public.

(E)

Accessory Uses and Structures. A use accessory to a principal nonconforming use or structure may not be continued after the principal use or structure has lost its nonconforming status or been discontinued.

(A)

Structures qualifying as nonconforming shall not be:

(1)

Moved in whole or in part, if nonconforming by use, to another location on the same parcel or lot that it occupies.

(2)

Transported to any other parcel of land unless such transport would render the structure conforming to all applicable provisions of this Code.

(3)

Enlarged or expanded in any manner, unless such enlargement reduces the degree of nonconformity and is carried out in accordance with the provisions of this Code.

(4)

Rebuilt, repaired, or renovated in excess of 50% of the assessed value of the structure, as determined by the Hardee County Property Appraiser.

(B)

Structures that are nonconforming by size, but not by use, may be enlarged if the addition will reduce nonconformity of floor area and will meet required setbacks. Structures that are nonconforming by setback, but not by use, may be enlarged if all new construction meets required setbacks.

(C)

A nonconforming structure which is hereafter damaged or destroyed in excess of 50% or more of its assessed value, for the life of the structure, by deterioration, flood, fire, explosion, earthquake, hurricane, tornado, war, riot, or act of God, may not be reconstructed or restored for use except in compliance with the requirements of this Code.

Lots not meeting the standards established in this Code for minimum width, depth, and area but recorded in the public records of Hardee County prior to the effective date of this Code or amendment thereto may be used for building purposes with the following provisions:

(A)

Single-family dwelling units shall not be built on lots of less than 50 feet in width and 5,000 square feet in size without a variance authorized by the Board of County Commissioners.

(B)

All other structures shall be built on lots of no less than 60 feet in width and 6,000 square feet in size without a variance authorized by the Board of County Commissioners.

(C)

Contiguous platted subdivision lots that are of single ownership, and do not separately meet width, depth and area requirements of the applicable land use/zoning district, shall be considered a single lot for development purposes.

(D)

Nonconforming lots of record shall not be reduced in size, width or depth without a variance authorized by the Board of County Commissioners.

(E)

All development permitted on nonconforming lots of record shall be subject to normal setbacks and all other requirements of this Code.

(F)

A legal lot cannot be created by creating an illegal, nonconforming remnant, parcel, or lot.

(A)

Existing mobile home parks that are nonconforming by use and design shall not be redesigned, expanded in area, or modified to accommodate additional mobile homes.

(B)

Mobile home parks which are nonconforming by design only may be expanded in area and/or modified so as to reduce or eliminate those aspects of design which render it nonconforming. The Planning and Development Director may authorize additional mobile home sites in such parks upon submission of a site development plan showing a redesign of the park which substantiates the following:

(1)

Overall density of the park will not exceed the allowable density established in the Comprehensive Plan and the appropriate section of this Code.

(2)

An area comprising 10% of the development site or five acres, whichever is less, shall be set aside as common open space as defined in Article 14.

(3)

No new mobile home will be placed within 20 feet of any property line.

(4)

Where possible, all development standards of the zoning district have been met, or the degree of nonconformity reduced. In no case shall the degree of nonconformity of any design aspect be increased.

A redesign proposal which does not include the addition of new mobile home spaces shall not be subject to conditions (1) and (2) above.

The replacement of an existing mobile home on property which is not designated for mobile home use on the official zoning map shall be prohibited.

Agricultural disposal of septage and Septage Treatment Facility sites shall be considered nonconforming land uses of those sites for which:

(A)

The State of Florida Department of Environmental Protection has issued a permit pursuant to the Florida Administrative Code, Chapter 64E-6, approving the site for disposal of septage and/or for a Septage Treatment Facility site; and,

(B)

The property owner establishes by a preponderance of the evidence that they have relied in good faith on an act or omission of the County to make such a substantial change in position or incur such extensive obligations and expenses that it would be highly unjust and inequitable to destroy the grandfather rights acquired. The acquisition of property shall not be considered a substantial change in position of occurrence of extensive obligation.