§ 70-221. Procedure.

The planning and zoning board or the city commission, as provided for by this Code, may authorize a variance from the provisions of the land development regulations that are not contrary to the public interest. The power and authority to grant variances to parking requirements, building height, and waterfront yards abutting the Gulf of Mexico or public beach will be solely within the jurisdiction of the city commission. In no instance shall a variance be granted to density. The planning and zoning board or the city commission, as applicable, shall not review a variance request until:

(1)

An application for such variance has been received by the city manager or specified designee, stating the special conditions and circumstances applying to the building, structure, or land for which such variance is sought. The applicant shall submit a narrative that explains the variance being requested in a manner that addresses the criteria specified in subsection (d) as they relate to the specific request. Since each application is considered based upon the unique circumstances presented by such application, prior decisions of the board or commission shall not constitute grounds for the granting of any variance.

(2)

The board or commission has received a report from the city manager or specified designee that evaluates the application based on the criteria required by this section.

(3)

The board or commission holds a public hearing after written and posted notice has been given to the extent provided by chapter 70.

(4)

The board or commission has considered the following criteria and find that they have been substantially satisfied and a hardship exists:

a.

The variance is in fact a variance as set forth within the land development regulations and within the province of the board or commission based upon the opinion of the city manager or his designee;

b.

Special conditions or circumstances exist which are peculiar to the building, structure, or land for which the variance is sought and do not apply generally to buildings, structures, or lands in the same zoning district;

c.

Strict application of the provisions of the land development regulations would not permit the applicant reasonable use of the building; structure, or land;

d.

The peculiar conditions and circumstances existing are not the result of the actions of the applicant, the applicant agent's agents, or the applicant's predecessors in title;

e.

The variance proposed to be granted is the minimum variance that will make possible the reasonable use of the building, structure, or land;

f.

Owing to special conditions, a literal enforcement would result in unnecessary hardship. Special conditions to be considered pursuant to this section of the land development regulations shall include, but not be limited to, the following circumstances:

1.

Redevelopment. If the proposed project involves the redevelopment or utilization of an existing developed or partially developed site.

2.

Substandard lot(s). If the proposed project involves the utilization of an existing legal nonconforming lot(s).

3.

Neighborhood character. If the proposed project promotes the established development pattern of a block face, including setbacks, building height, and other dimensional requirements.

4.

Public facilities. If the proposed project involves the development of public parks, public facilities or public utilities.

5.

Architectural and/or engineering considerations. If the proposed project utilizes architectural and/or engineering features that would render the project more disaster resistant.

g.

The granting of the variance will be in harmony with the general purpose and intent of this chapter;

h.

The granting of the variance will not be injurious to the neighborhood or otherwise detrimental to the public welfare.

(5)

In granting any variance, the planning and zoning board or city commission may prescribe appropriate conditions and safeguards in conformity with the land development regulations. Violation of such conditions and safeguards, when made a part of the terms under which the variance is granted, shall be deemed a violation of this chapter.

(6)

Under no circumstances shall the planning and zoning board or city commission grant a variance to permit a use not generally or by special exception permitted in the zoning district involved or any use expressly or by implication prohibited by the land development regulations.

(7)

The granted variance shall be valid for one-year. To remain in effect after one-year, one of the following must have occurred:

a.

An extension of time has been approved by the approving body;

b.

Building permits relating to the requested variance have either been applied for or granted; or

c.

A site plan review relating to the requested variance has been applied for or approved by the planning and zoning board.

Any requests for an extension of time relating to a variance(s) must be in writing and received by the city manager or specified designee at least three weeks prior to its expiration date in order for the request to be placed on the approving body's agenda.

(Ord. No. 95-10, § 38-128, 9-19-95; Ord. No. 96-15, § 2, 9-24-96; Ord. No. 04-01, § 1, 1-13-04; Ord. No. 06-03, § 1, 2-7-06; Ord. No. 10-07, § 2, 9-18-10; Ord. No. 13-06, § 1, 9-3-13; Ord. No. 15-03, § 3, 7-7-15 )