(a)

A complete variance application and nonrefundable application fee shall be submitted to the planning and development department pursuant to section 64.03. If the application is not for a minor variance pursuant to section 66.04, the planning director shall schedule such application for public hearing before the planning and zoning board, after public notice has been given as outlined in paragraph (b) below.

(b)

The following noticing procedures shall be followed for variance applications:

(1)

The public hearing for the variance application shall be advertised in a local paper of general circulation no less than 14 days before the date of the public hearing.

(2)

The planning and development department shall send notice of the public hearing by regular mail, no less than 14 days from the date of the public hearing to all owners of real property within 500 feet of the subject property, except that in the case of a condominium within 500 feet of the subject property, the notice shall only be mailed to the condominium association formed pursuant to F.S. chapter 718. The addresses of property owners and properties shall be deemed as shown in the county property appraiser's records for purposes of said notice. The form and content of the notice shall be prescribed by the planning director. Failure of any landowner to receive said notice shall not invalidate any of the proceedings hereunder.

(3)

The planning and development department shall post notice of the public hearing on the subject property no less than 14 days before the date of the public hearing by the planning and zoning board. The form, location, and dimensions of the posting sign shall be in accordance with section 64.08(i).

(Ord. No. 2012-05, § 4, 4-3-2012; Ord. No. 2017-04, § 5, 5-16-2017)

The planning and zoning board shall deny an application for variance if it is found that approval would:

(a)

Constitute any change in the districts shown on the zoning map;

(b)

Impair adequate supply of light or air to adjacent property;

(c)

Unreasonably increase the congestion in public streets;

(d)

Increase the danger of fire or panic;

(e)

Imperil the public safety;

(f)

Unreasonably increase overcrowding of land; or

(g)

Imperil the health or general welfare of the inhabitants of the city.

(Ord. No. 2012-05, § 4, 4-3-2012)

(a)

In order to grant a variance, the planning and zoning board must find all of the following, based on factual evidence presented to the board:

(1)

That the application of the zoning ordinance causes an exceptional and unique hardship.

(2)

That the exceptional and unique hardship is not due solely to the owner's actions.

(3)

That the variance granted will be compatible with the physical characteristics of the neighborhood.

(4)

That the variance granted will be in harmony with the intent and purpose of the Code.

(5)

That the variance granted is the minimum necessary in order to alleviate the exceptional and unique hardship.

(b)

In granting any variance, the planning and zoning board may prescribe appropriate conditions and safeguards as are in conformity with the intent and purpose of the Code. Violation of such conditions and safeguards, when made a part of the terms under which the variance is granted, shall be deemed a violation of the ordinance.

(c)

The planning and zoning board may prescribe a reasonable time limit within which the action for which the variance is required shall commence or be completed, or both.

(d)

Variances that would allow a use that is not permitted in the zoning district are prohibited. Nonconforming use of neighboring lands, structures, or buildings in the same zoning district and permitted use of lands, structures, or buildings in other zoning districts shall be insufficient grounds for the authorization of a variance.

(Ord. No. 2012-05, § 4, 4-3-2012)

The planning director may approve a variance from setback requirements, when the applicant demonstrates that the encroachment into the setback was unintentional and provides evidence of either of the following circumstances:

(a)

The encroachment into the setback is by a distance of two feet or less; or

(b)

The constructed or altered encroaching structure received a building permit.

(Ord. No. 2012-05, § 4, 4-3-2012)

The applicant or any person aggrieved by the decision of the planning and zoning board regarding a variance application may request a review of the decision by the city council by submitting an appeal request application and nonrefundable application fee to the planning and development department pursuant to section 64.03 within ten (10) days of the planning and zoning board's decision. The public hearing by the city council to consider the request shall be advertised by the city clerk in a local paper of general circulation no less than 14 days before the date of the public hearing. The city council shall conduct a de novo hearing. After public hearing, the city council may affirm, affirm with appropriate conditions and safeguards as are in conformity with the intent and purpose of the code, reverse, or modify the decision of the planning and zoning board.

(Ord. No. 2012-05, § 4, 4-3-2012)

The filing of a notice appeal of a planning and zoning board variance decision shall result in a stay of all permit activity, work on the premises, and any proceedings in furtherance of the action appealed.

(Ord. No. 2012-05, § 4, 4-3-2012)