The PZB may grant a variance for any provision of the ULDR unless otherwise indicated by provisions of these regulations. Variances may be granted only in the case of an undue hardship caused by special circumstances relating to the property for which the variance is sought, whereby the strict application of these regulations would deprive the applicant of the reasonable use of land or building.

The PZB is not authorized to review or grant variances which include a request for reasonable accommodation for persons with disabilities. Such variance requests shall be processed by City staff and the City Commission will make the decision as to whether or not the variance will be granted, pursuant to Article 175 of the ULDR.

(Ord. No. 842, § 2, 6-24-03; Ord. No. 2019-007, § 2, 10-7-19)

A site plan showing the proposed improvement as it would be constructed if the variance is granted.

(A)

Planning and Zoning Board review of matters that do not include reasonable accommodation requests.

(1)

For matters that do not include reasonable accommodation requests, the PZB shall hold its public hearing and, after consideration of the staff recommendation and public input, if any, may deny, approve or approve with conditions the application for variance, based upon its determination that:

a.

There are special circumstances or conditions applying to the land or building for which the variance is sought, which circumstances or conditions are peculiar to such land or building and do not apply generally to land or buildings in the same district, and that said circumstances or conditions are such that the strict application of the provisions of this chapter would deprive the applicant of the reasonable use of such land or building for which the variance is sought, and that alleged hardship is not self-created by any person having an interest in the property;

b.

The granting of the variance is necessary for the reasonable use of the land or building and that the variance as requested is the minimum variance that will accomplish this purpose;

c.

The granting the variance will be in harmony with the general purpose and intent of this chapter and will not be injurious to the neighborhood or otherwise detrimental to the public welfare.

(2)

Approval of a variance request shall become null and void unless a development permit pursuant thereto is issued within twelve (12) months of the date of any such action by the PZB.

(3)

In each case wherein action upon application for a variance is taken by the PZB, the decision of the Board shall be recorded in the minutes of its meeting, and thereafter the City Clerk shall prepare, an order to be entered to evidence the decision, which shall set out with sufficient clarity the exact right and privilege given, a correct legal description of the land and premises affected, and the decision made by the board. One copy of the order shall be kept by the City Clerk to become a public record, one copy shall be provided to the Department, and one copy forwarded to the applicant.

(4)

Whenever the PZB has acted upon a variance for property, whether approved or denied, the PZB shall not thereafter consider any further application for the same or any other kind of variance for any part or all of the same property for a period of one year. The above time limits may be waived by a majority vote of the board when the board deems such action necessary to prevent injustice or to facilitate the proper development of the City.

(Ord. No. 842, § 2, 6-24-03; Ord. No. 2019-007, § 2, 10-7-19)