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)