ARTICLE VIII. VARIANCES

Sec. 17‑141. Authority.

(a)  The board of adjustment may grant variances in specific cases to vary or alter the strict application of any of the requirements of this chapter, whereby such application of a particular requirement would result in a practical difficulty or an unnecessary hardship that would deprive the owner of the reasonable use of the land or building involved.

(b)            To obtain a variance the applicant must demonstrate to the board of adjustment that:

(1)            A practical difficulty or an unnecessary hardship is caused by the literal application and enforcement of the zoning code provision from which a variance is sought;

(2) The granting of the variance will not authorize a use prohibited, or result in a use variance, in the district in which the property is located;

(3) The preponderance of evidence presented at the variance hearing does not demonstrate that the granting of the variance will seriously impair the use of adjacent property, or significantly reduce the value of adjacent property, regardless of the zoning district in which the adjacent property is located;

(4)  The need for the variance is made necessary by the unique character of the property;

(5)  The need for the variance is not caused in any way by the owner or occupant of the property upon which the variance is sought;

(6)  That the request for a variance is not solely based on an economic disadvantage to the owner or occupant of the property upon which the variance is sought, because an economic disadvantage to an applicant does not constitute a hardship or practical difficulty sufficient to warrant the granting of a variance; and

(7)  That the request for a variance is not solely based on a  need or desire of the owner or occupant of the property upon which the variance is sought to be obtained to gain an economic benefit, because an economic advantage to an applicant does not constitute a hardship or practical difficulty sufficient to warrant the granting of a variance.

(c) In determining whether to grant a variance the board of adjustment may consider the goals, objectives and policies of the comprehensive plan.

(d)  In granting a variance, the board of adjustment may prescribe any conditions that it deems necessary or desirable in the furtherance of the purpose of this chapter.

(e)  If a variance is granted with the effect being that a building permit is required, the building permit must be obtained within twenty-four (24) months of the variance approval date, after that time, the variance is void.  If a permit is issued and that permit expires then the variance is also terminated, or expires, with the permit.

(Ord. No. 11-13, 3, 7-27-11)

Sec. 17‑142. Application.

 Any person desiring a variance shall file with the town clerk, who shall provide a true copy of the published legal notice con­cerning said application to interested parties pursuant to section 17‑143, a written application. Each application for variance shall specify the section and subsection of the chapter of the Indialantic Code of Ordinances involved, shall set forth the exact variance desired with respect thereto, shall furnish a site plan on which the variance is to occur, shall explicitly define the details of the variance involved, and shall state the basis on which the vari­ance is requested.

(Code 1962, 28‑103; Ord. No. 84‑345, 1, 4‑17‑84; Ord. No. 88‑6, 1, 5‑24‑88)

Sec. 17‑143. Notice of hearing.

 (1) Upon receipt of the application for a variance, the town clerk shall cause a notice of the application and the time and place of the hearing thereon to be published, at least fifteen (15) days and not more than thirty (30) days prior to such hearing, in a newspaper of general circulation in the town, and shall post a copy in the town hall. The town clerk shall mail a copy of such notice to those persons owning property within the radius of two hundred (200) feet of the property affected by the application.

(2) The notice shall state that written comments regarding the proposed variance may be filed with the town clerk prior to the public hearing or interested parties may appear at the public hearing.

(Code 1962, 28‑104; Ord. No. 03-01, 1, 1-21-03)

 Sec. 17‑144. Application and comments to be forwarded to board of adjustment.

Prior to the public hearing, the town clerk shall forward to the board of adjustment the application and statement of consent, together with any written comments filed with the clerk.

(Code 1962, 28‑105; Ord. No. 03-01, 2, 1-21-03)

Sec. 17‑145. Hearing; final action.

 At the public hearing, the board of adjustment shall consider the application and any written comments, hear any person desir­ing to be heard, and authorize or refuse to authorize the issuance of a permit for a variance in accordance with the appli­cation as it shall deem advisable in the promotion of substantial justice and the preservation of the public health, safety, morals and general welfare. (Code 1962, 28‑106; Ord. No. 03-01, 3, 1-21-03)

Sec. 17‑146. Repealed.

Editor’s note – Ordinance No. 03-01 adopted January 21, 2003 repealed this section regarding appeals relating to variances.

Secs. 17‑147–17‑156. Reserved.