§ 50-250. Variances and appeals.

(a)

General. The board of adjustment shall hear and decide on requests for appeals and requests for variances from the strict application of this article. Pursuant to F.S. § 553.73(5), the board of adjustment shall hear and decide on requests for appeals and requests for variances from the strict application of the flood resistant construction requirements of the Florida Building Code. This section does not apply to Section 3109 of the Florida Building Code, Building.

(b)

Appeals. The board of adjustment shall hear and decide appeals when it is alleged there is an error in any requirement, decision, or determination made by the floodplain administrator in the administration and enforcement of this article. Any person aggrieved by the decision may appeal such decision as provided by applicable laws and regulations.

(c)

Limitations on authority to grant variances. The board of adjustment shall base its decisions on variances on technical justifications and applications submitted by applicants, the factors for issuance in section 50-250(g) of this article, the criteria for issuance set forth in section 50-250(h) of this article, and the comments and recommendations of the floodplain administrator and the building official. The board of adjustment has the right to attach such conditions to any variance application granted by such board as it deems necessary to further the purposes and objectives of this article.

(d)

Restrictions in floodways. A variance shall not be issued for any proposed development in a floodway if any increase in base flood elevations would result, as evidenced by the applicable analyses and certifications required in section 50-248(c) of this article.

(e)

Historic buildings. A variance may be issued for the repair, improvement, or rehabilitation of an historic building that is determined eligible for the exception to the flood resistant construction requirements of the Florida Building Code, Existing Building, Chapter 11 Historic Buildings, upon a determination that the proposed repair, improvement, or rehabilitation will not preclude the building's continued designation as an historic building and the variance is the minimum necessary to preserve the historic character and design of the building. If the proposed work precludes a building's continued designation as an historic building, a variance shall not be granted and any repair, improvement, or rehabilitation to the building shall be subject to the requirements of the Florida Building Code.

(f)

Functionally dependent uses. A variance may be issued for the construction or substantial improvement necessary for the conduct of a functionally dependent use, as defined in this article, provided the variance meets the requirements of section 50-250(d), is the minimum necessary considering the flood hazard, and all due consideration has been given to use of methods and materials that minimize flood damage during occurrence of the base flood.

(g)

Factors for issuance of variances. In reviewing and acting upon applications for variances, the board of adjustment shall consider all technical evaluations, all relevant factors, all other applicable provisions of the Florida Building Code, all applicable standards specified in this article, and the following:

(1)

The danger that materials and debris may be swept onto other lands resulting in further injury or damage;

(2)

The danger to life and property due to flooding or erosion damage;

(3)

The susceptibility of the proposed development, including contents, to flood damage and the effect of such damage on current and future owners;

(4)

The importance of the services provided by the proposed development to the community;

(5)

The availability of alternate locations for the proposed development that are subject to lower risk of flooding or erosion;

(6)

The compatibility of the proposed development with existing and anticipated development;

(7)

The relationship of the proposed development to the comprehensive plan and floodplain management regulations for the area;

(8)

The safety of access to the property in times of flooding for ordinary and emergency vehicles;

(9)

The expected heights, velocity, duration, rate of rise and debris and sediment transport of the floodwaters and the effects of wave action, if applicable, expected at the site; and

(10)

The costs of providing governmental services during and after flood conditions including maintenance and repair of public utilities and facilities such as sewer, gas, electrical and water systems, streets and bridges.

(h)

Criteria for issuance of variances. Upon consideration of an application for a variance, and the factors contained in section 50-250(g) as they apply to such application, the board of adjustment may issue a variance only if the application for the variance meets the following criteria:

(1)

A showing of good and sufficient cause that the unique characteristics of the size, configuration, or topography of the site limit compliance with any provision of this article or the required elevation standards;

(2)

Failure to grant the variance would result in exceptional hardship due to the physical characteristics of the land that render the lot undevelopable; provided, however, that increased costs to satisfy the requirements or inconvenience do not constitute hardship;

(3)

The granting of the requested variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, nor create nuisances, cause fraud on or victimization of the public or conflict with existing local laws and ordinances; and

(4)

The requested variance is the minimum necessary, considering the flood hazard, to afford relief;

(5)

If the requested [variance] is for a variance to the setback requirements in section 50-248(a), the requested variance provides the least amount of relief possible to allow a reasonable use of the property; and

(6)

If the request for a variance is to allow construction of the lowest floor of a new building, or substantial improvement of a building, below the required elevation, a copy has been entered into the record of a written notice from the floodplain administrator to the applicant for the variance, specifying the difference between the base flood elevation and the proposed elevation of the lowest floor, stating that the cost of federal flood insurance will be commensurate with the increased risk resulting from the reduced floor elevation (up to amounts as high as $25.00 for $100.00 of insurance coverage), and stating that construction below the base flood elevation increases risks to life and property.

(i)

Recording. If a variance application is approved, the floodplain administrator shall record the document evidencing approval of such variance in the official records of the clerk of the circuit court in such a manner that it should appear in the chain of title of the property that is the subject of the variance application.

( Ord. No. 2012-04 , § 3, 10-16-2012; Ord. No. 2017-01 , § 6, 1-17-2017)