Sumter County Unincorporated
City Zoning Code

A.

An applicant for a variance shall file an application on forms provided by the zoning administrator. The grant or denial of a variance shall follow the procedures for a rezoning, as specified in sections 26.03 through 26.07, unless modified by the provisions of this article, provided that notice of the public hearing shall be provided to the owner of the property that is the subject of the application by mail at least 30 days prior to the public hearing, and the sign and published notice shall be posted at least 30 days prior to public hearing.

B.

Variances may be granted only if the board finds all of the following to exist:

1.

That one of the following is true, through no action or fault of the property owner or predecessor:

a.

The property is exceptionally narrow, shallow or unusually shaped;

b.

The property contains exceptional topographic conditions;

c.

The property contains other extraordinary or exceptional conditions;

d.

There are existing other extraordinary or exceptional circumstances; and

2.

That the strict application of the requirements of this chapter would result in practical difficulties to, or undue hardship upon, the owner of this property; and

3.

That the requested variance relief may be granted without substantially impairing the intent and purpose of this chapter.

Variance decisions shall be issued in writing within ten days of the hearing.

C.

Conditions. In granting a variance, the board may attach such conditions regarding the location, character, and other features of the proposed building, structure or use as it may deem advisable so that the purpose of this chapter will be served, public safety and welfare secured and substantial justice done.

D.

Limitations on variances. Variances cannot be given to totally remove a requirement or to exempt a property or applicant entirely from a requirement. If a variance is being sought that is, in the judgment of the zoning administrator, a request that would constitute a text amendment, then the application shall not be accepted. The applicant shall instead be directed to file for a text amendment. Variances can only be given to alter a numeric value, such as a setback, height limit, area limit, and so forth. Furthermore, the board shall not be authorized to grant a density variance or a use variance to permit a use in a district in which the use is prohibited. A variance application shall not be accepted if the variance seeks something that cannot be varied. A variance application shall not be accepted if the variance is contradictory to this chapter (such as reducing a requirement to zero or totally eliminating a requirement).

E.

Self-inflicted hardship. The board shall not grant variances when the hardship was created by the property owner or his predecessor, and shall not grant hardship variances based on shape or topography for lots of record not existing prior to the adoption of the ordinance from which this chapter is derived or amendment thereto. Configuring a subdivision to create lots that are difficult to build is an example of a hardship created by the property owner or predecessor that do not justify a variance.

F.

Place of Worship: In compliance with federal law, if the variance is requested by a place of worship or church, in connection with the exercise of religion, the board shall additionally consider whether the regulation imposes a substantial burden on the exercise of religion, whether the regulation serves a compelling governmental interest, whether the denial is the least restrictive means to serve that interest, or whether the variance can be granted without harming that interest.

G.

Reasonable accommodation variance. Notwithstanding any other ordinance provisions to the contrary, the board shall consider and grant reasonable accommodations necessary to afford persons with disabilities equal housing opportunities. In determining whether a particular accommodation is reasonable and necessary, the board shall consider whether:

1.

The accommodation is necessary, because of a disability, to allow the applicant an equal opportunity to use and enjoy the dwelling of his choice;

2.

The request imposes an undue burden or expense on the city; and

3.

The proposed accommodation would create a fundamental alteration in the zoning scheme.

An application for a reasonable accommodation variance shall comply with all other procedural requirements for consideration and approval of variances under this chapter.

(Ord. of 7-16-24(2), § 37)

The board of commissioners shall consider all evidence in the record in making their decision. This article is automatically a part of the record in each case, as is the entire application file. The board of commissioners shall have the power to table the application for further information to be presented, or to remand the application to the planning commission if new information has been presented that they have not considered. The board of commissioners shall have the power to grant, deny, or grant with further specific conditions imposed. The board of commissioners may impose or require additional restrictions and standards as may be necessary to protect the health and safety of workers and residents in the community, and to protect the value and use of property in the general neighborhood.

(Ord. of 7-16-24(2), § 37)

Public hearings on variance applications shall be conducted in the manner provided for rezoning applications in sections 26.05 and 26.07.

(Ord. of 7-16-24(2), § 37)

Appeals of any decision to deny or grant a conditional use permit shall be filed within 30 days by filing an appeal to the county superior court in the manner provided by law.

(Ord. of 7-16-24(2), § 37)

An application for a variance which has been denied shall not be resubmitted for a period of 12 months.

(Ord. of 7-16-24(2), § 37)