§ 913.11. Variances.

(1)

General. Where the board of county commissioners finds that undue hardship or unreasonable practical difficulty may result from strict compliance with this ordinance, the board may approve a variance from the requirements of this ordinance if the variance does not compromise the public interest.

(2)

Conditions. The board shall not approve a variance unless it finds all of the following:

(A)

The particular physical conditions, shape, or topography of the specific property involved would cause an undue hardship to the applicant if the strict letter of the land development regulation is carried out;

(B)

The granting of the variance will not cause injury to adjacent property or any natural resource;

(C)

The conditions upon which a request for variance are based are unique to the property for which the waiver is sought and are not generally applicable to other property in the adjacent areas and do not result from actions of the applicant; and

(D)

The variance is consistent with the intent and purpose of the Indian River County land development regulations, the Indian River County Comprehensive Land Use Plan, and this Chapter.

If the board approves a variance, it may attach any such conditions to the variance as will assure that the variance will not result in noncompliance with the intent and purpose of this Chapter Violation of any such condition shall be deemed a violation of this Chapter.

(3)

Application for variance.

(A)

An applicant seeking a variance from this chapter shall submit a written request together with such fee as the county commission shall establish by resolution, to the community development division. The request shall address the conditions stated in section 913.11(2)(A)—(D) and shall state the reasons and facts supporting the variance. Upon receipt of the request, the commission will be notified and shall schedule a public hearing to consider the request.

(B)

Courtesy notice. The public hearing shall be advertised fifteen (15) days in advance. All property owners listed on the latest tax roll within three hundred (300) feet of the property on which a variance is requested shall be notified in writing by the community development division by U.S. mail. Lack of a property owner's receipt of such notice shall not be grounds to postpone or set aside any variance granted.

(Ord. No. 90-16, § 1, 9-11-90)