124.80(A)   In specific cases where the literal and strict enforcement of the applicable provisions of these Land Use Regulations or other regulations or provisions of this Code would result in undue or unnecessary hardship, the City Commission n may grant a petition for variance from said regulations as will provide substantial justice and not be contrary to the public interest reflected in said regulations, provided the City Commission makes the following findings:

   124.80(A)(1)   The subject property has unique and special conditions, not applying generally to other properties in the same zoning district, which occasion the necessity for the petitioned variance.

   124.80(A)(2)   The Development resulting from the granting of such variance shall be in harmony with the policies embodied within the City Comprehensive Plan.

   124.80(A)(3)   The granting of such variance shall be consistent with the general purpose and intent of the applicable zoning district regulations governing the property on which approval is granted.

   124.80(A)(4)   The granting of such variance shall not adversely affect the Use or Development of neighboring properties in accordance with the applicable zoning district regulations nor hinder or discourage appropriate Development and Use of adjacent or nearby land and/or Buildings or impair the value thereof.

   124.80(A)(5)   The literal and strict enforcement of the applicable provisions of the Land Use Regulations or other provisions of the City Code would result in undue or unnecessary hardship to the Applicant and would deprive the Applicant of rights commonly enjoyed by the owners of other property in the zoning district.

   124.80(A)(6)   The granting of the requested variance will provide substantial justice and not be contrary to the public interest as reflected in the applicable regulations.

   124.80(A)(7)   The need for the variance does not arise from conditions that are personal to the Owner but instead relate to the uniqueness of the property.

   124.80(A)(8)   The alleged hardship is not self-imposed by the Owner , prior owners or by any Person having an interest in the property.

   124.80(A)(9)   The variance granted is the minimum variance necessary for the Applicant to make reasonable Use of the property.

   124.80(B)   It is the responsibility of the Applicant to submit documentation that addresses the above criteria. The Applicant shall have the burden of proof which shall include the burden of going forward with the evidence and the burden of persuasion on all questions of fact which are to be determined by the City Commission .

   124.80(C)   The City Commission may require appropriate conditions, stipulations, and safeguards as conditions of granting any variances. A violation of these conditions, stipulations, and safeguards shall be deemed a violation of the Code .

   124.80(D)   A variance of the Use or density provisions of these Land Use Regulations is prohibited.

   124.80(E)   A variance from the provisions of the Sign Chapter shall be granted to the specific Sign for which the variance has been sought and shall not run with the land. However, all other variances granted pursuant to this Section shall run with the land and are not personal to the Owner of the subject property, and conditions personal to said Owner and not relating to the uniqueness of the subject property shall not be a valid basis for such variances. Further, the lack of objections from surrounding property owners, while persuasive, should be judged in light of the fact that all future surrounding property will be subject to the permitted variance.

   124.80(F)(1)   An Administrative variance is an approval to correct minor errors or minor deviations as set forth herein from certain requirements of this Code granted administratively by the City Manager . Administrative variances are not intended to relieve specific cases of financial hardship, nor to allow circumventing the intent of this Code .

   124.80(F)(2)(b)1.   The property Owner shall provide written consents from all Utilities that have facilities within the easement.

   124.80(F)(2)(b)2.   The property Owner shall enter into an agreement in a form provided by the City Manager that provides, among other things:

   124.80(F)(2)(b)2.a.   The City shall at all times be allowed reasonable access to the entire easement, including the portion for which the administrative variance is issued, without the consent of the property Owner .

   124.80(F)(2)(b)2.b.   If the City at any time deems, in its sole discretion, that it is necessary for the City to access the portion of the easement for which the administrative variance was granted, the City shall have the absolute right to do so and to remove the fence for purposes of access to the easement with no obligation of the City to replace or return the fence, and without bearing any responsibility or liability for the cost of the fence or any damage caused as a result of such removal.

   124.80(F)(3)(a)   The administrative variance will meet the purpose and intent of the underlying zoning district.

   124.80(F)(3)(b)   The request is consistent with the City of Weston Comprehensive Plan.

   124.80(F)(3)(c)   The adjustment will be consistent with the general appearance and character of the neighborhood and community.

   124.80(F)(3)(d)   The adjustment will not be injurious to the adjacent properties and general area involved, or otherwise detrimental to the public welfare.

   124.80(F)(3)(e)   The property has no open Code violations or unpaid Code enforcement fines, except when the granting of a variance is for the purpose of curing or assisting in the cure of a Code violation.

   124.80(F)(6)(a)   It is the responsibility of the property Owner to submit documentation to address the administrative variance criteria. The property Owner shall have the burden of proof on all questions of fact which are to be reviewed by the City Manager .

   124.80(F)(6)(b)   The City Manager may require appropriate conditions, stipulations, and safeguards as conditions of granting any administrative variances. A violation of these conditions, stipulations, and safeguards shall be deemed a violation of the Code and is grounds for the revocation of the administrative variance.

   124.80(F)(6)(c)   The City Manager shall provide written documentation of the decision to the property Owner . If approved, written documentation shall be reviewed by the City Attorney , executed by the City Manager and recorded within the Public Records of Broward County.

   124.80(F)(7)(a)   The appeal will be brought before the City Commission , which will consider the application for an administrative variance de novo and review the application based on the criteria as set forth in § 124.80(F)(3).

   124.80(F)(7)(a)1.   There shall be an additional fee to appeal the decision of the City Manager . The appeal fee will be equal to the difference between the administrative variance fee and the variance fee as set forth in the City 's Schedule of Fees .

   124.80(F)(7)(a)2.   If a property Owner requests the appeal, the property Owner shall pay the appeal fee. If any aggrieved party requests the appeal, the aggrieved party shall pay the appeal fee.

   124.80(F)(7)(b)   If the application is denied, the Applicant cannot reapply for the same administrative variance within 12 months.

(Ord. 2010-21, passed 10-4-2010; Am. Ord. 2023-04, passed 5-1-2023)

   124.81(A)   Certain Uses are listed as special exceptions and are permitted in zoning districts subject to the approval of the City Commission . These Uses are considered basically suitable for the districts in which listed, but the character and nature of the Uses are such that they may necessitate controls and safeguards on the manner of establishment and operation which, by being determined by the City Commission at public hearing, would better serve the interests of the community and the owners of the property in question.

   124.81(B)   Applications for special exception shall be reviewed by the City Commission . All special exceptions will be reviewed based on the following criteria:

   124.81(B)(1)   The Use is compatible with the existing natural Environment and other properties within the vicinity.

   124.81(B)(2)   There will be adequate provision for safe Traffic movement, both vehicular and pedestrian, both internal to the Use and in the area which will serve the Use .

   124.81(B)(3)   There will be adequate Setbacks , buffering, and general amenities in order to control any adverse effects of noise, light, dust, or other potential nuisances.

   124.81(B)(4)   The land area is sufficient, appropriate, and adequate for the Use as proposed.

   124.81(B)(5)   The proposed special exception Use shall disclose the square feet of Use sought for approval so that an adequate evaluation can be made of the special exception Use in keeping with the standards and criteria of this Chapter. Should any special exception Use seek to expand in size, the extent of expansion shall undergo special exception Use review as provided in this Chapter.

   124.81(B)(6)   It is the responsibility of the Applicant to submit documentation that addresses the above criteria. The Applicant shall have the burden of proof which shall include the burden of going forward with the evidence and the burden of persuasion on all questions of fact which are to be determined by the City Commission .

   124.81(B)(7)   Conditions may be stipulated and made a requirement in granting any application for a special exception when it is found by the City Commission to be necessary to further the purpose of the zoning district or compatibility with other property within the vicinity.

   124.82(A)   Approval and Recondition. Any variance or special exception approved under the terms of this subchapter shall be in the form of a resolution adopted by the City Commission and shall be recorded, at the Applicant ’s expense, in the Public Records of Broward County, and shall include verification by the enforcing official that all terms, conditions, safeguards, and time limits of the approval have been satisfied.

   124.82(B)   Time limit.

   124.82(B)(1)(a)   When a site plan is required. Any variance or special exception authorized by the City Commission shall expire 180 days after the date of the action on such variance or special exception by the Commission unless a site plan is approved based upon and incorporating the variance or special exception; and unless all terms, conditions, and safeguards of the variance or special exception have been satisfied. Thereafter, the variance or special exception shall expire when the site plan expires.

   124.82(B)(1)(b)   When no site plan is required. For those variances or special exceptions not requiring an approved site plan, they shall expire 180 days after the date of the action on such variance or special exception by the Commission unless a Building permit has been issued and unless all terms, conditions, and safeguards of the variance or special exception have been satisfied.

   124.82(B)(2)   Whenever a special exception or variance application has been denied, the City Commission shall not consider any further request for substantially the same special exception or variance on the same part of the same property for a period of 12 months from the date of such action. The above time limit may be waived by an affirmative vote of the City Commission , when the City Commission deems such action necessary due to changed circumstances to prevent an injustice or to facilitate the proper Development of the City based upon evidence provided by the Applicant .

   124.82(B)(3)   An Applicant seeking a waiver of the time limit for replication shall submit documentation substantiating the bases for the waiver of the time limitation, in a form acceptable to the City Manager , together with the application for special exception or variance. In addition to the applicable fees for the special exception or variance application, there shall be an additional fee for the hearing on the waiver of time limits. Upon receipt of all of the above by the City Manager , the request for waiver of time limits shall be placed on the next available regular City Commission agenda, but not earlier than 60 days after the original special exception or variance application was heard. If the waiver of time limit is granted, the special exception or variance application shall be heard no earlier than the next regular City Commission meeting.

(Ord. 2010-21, passed 10-4-2010)