§ 26-405. Variances.

(a)

The board of adjustments, as established by the town, shall hear and decide appeals and requests for variances from the requirements of this division.

(b)

The board of adjustments shall hear and decide appeals when it is alleged there is an error in any requirement, decision, or determination made by the town building inspector in the enforcement or administration of this division.

(c)

Any person aggrieved by the decision of the board of adjustments or any taxpayer may appeal such decision to the county court, as provided in F.S. ch. 34.

(d)

Variances may be issued for the reconstruction, rehabilitation or restoration of structures listed on the National Register of Historic Places or the state inventory of historic places without regard to the procedures set forth in the remainder of this section, except for subsections (h)(1) and (4) of this section, and provided the proposed reconstruction, rehabilitation, or restoration will not result in the structure losing its historical designation.

(e)

In passing upon such applications, the board of adjustments shall consider all technical evaluations, all relevant factors, all standards specified in other sections of this division, and:

(1)

The danger that materials may be swept onto other lands to the injury of others;

(2)

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

(3)

The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner;

(4)

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

(5)

The necessity of the facility to a waterfront location, in the case of a functionally dependent facility;

(6)

The availability of alternative locations, not subject to flooding or erosion damage, for the proposed use;

(7)

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

(8)

The relationship of the proposed use to the comprehensive plan and flood plan management program for that area;

(9)

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

(10)

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

(11)

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, and streets and bridges.

(f)

Upon consideration of the factors listed in subsection (e) of this section and the purposes of this division, the board of adjustments may attach such conditions to the granting of variances as it deems necessary to further the purposes of this division.

(g)

Variances shall not be issued within any designated floodway if any increase in flood levels during the base flood discharge would result.

(h)

Conditions for variances are as follows:

(1)

Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief, and, in the instance of a historical building, a determination that the variance is the minimum necessary so as not to destroy the historic character and design of the building.

(2)

Variances shall only be issued upon:

a.

A showing of good and sufficient cause:

b.

A determination that failure to grant the variance would result in exceptional hardship; and

c.

A determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, or extraordinary public expense, create nuisance, cause fraud on or victimization of the public, or conflict with existing local laws or ordinances.

(3)

Any applicant to whom a variance is granted shall be given written notice specifying the difference between the base flood elevation and the elevation to which the structure is to be built and stating that the cost of flood insurance will be commensurate with the increased risk resulting from the reduced lowest floor elevation.

(4)

The town clerk shall maintain the records of all appeal actions and report any variances to the Federal Emergency Management Agency upon request.

(Ord. No. 87-2-1, § 8, 3-4-1987)