(1) A fully completed application for a variance shall be submitted by the property owner of record, or his authorized representative, to the Town Clerk on a form provided by the Town. The application shall include, as a minimum, the following information:
a. Name and address of applicant.
b. Street address of the Property, if available.
c. A statement describing the proposed work, activity, and construction seaward of the coastal setback line.
d. A list of names and addresses or owners of all properties located within 500 feet of the subject property.
e. A notice containing the aforementioned information shall be posted by the applicant on the affected property at least 15 days prior to the public hearing. If the property abuts a public road right-of-way, the notice shall be posted in such a manner as to be visible from the road right-of-way. An affidavit signed by the owner or applicant evidencing posting of the affected real property shall be received by the Town Board of Adjustment, prior to the public hearing.
f. Written approval of the applicant’s development plans by the State Department of Natural Resources, Division of Beaches and Shores, following submission by the applicant of the information necessary for the agency to render such approval.
(b) The applicant shall also supply two copies of a topographic survey of the subject property, prepared or verified for accuracy not more than six months prior to the date of application and certified by a licensed professional Florida surveyor and mapper registered in the state. The survey must be prepared at the expense of the variance applicant with all applications for a variance pursuant to this section. The survey must be certified to and for reliance by the town. The topographic survey shall include the following specific information:
(1) The location of the contour line corresponding to elevation zero feet NGVD;
(2) The location of any existing vegetation line on the subject property;
(3) The location of the established State Department of Environmental Protection Coastal Construction Control Line and the mean high water line, for the full width of the subject property, including the location and number of the two nearest State Department of Environmental Protection's baseline monuments.
(c) The applicant shall also submit two copies of detailed final construction plans and specifications for all structures proposed to be constructed seaward of the coastal setback line. These documents shall be signed and sealed by a professional engineer or architect, as appropriate, who must be registered in the state.
(d) The Board of Adjustment may grant the requested variance, after a public hearing, in those cases where the facts presented at the public hearing demonstrate the following:
(1) That the subject property experienced less than 25 feet of beach-dune erosion since September, 1972. The erosion will be measured by determining the extent of horizontal recession from the toe of the dune as it exists at the time of application to the point at the dune as it existed in September, 1972, which corresponds to the same elevation as the toe of the dune as it exists at the time of application.
(2) That the granting of the variance will not be injurious to adjacent properties, nor contrary to the public interest.
(e) In the event the Board of Adjustment grants a requested variance, the Board may attach to said variance such reasonable conditions as the Board deems necessary to maintain the purpose and intent of this chapter.
(f) In determining the extent of erosion experienced on the subject property, and the extent to which the requested variance may be granted, the Board of Adjustment shall take into account the recommendation or comments, if any, of the State Department of Environmental Protection, Bureau of Beaches and Coastal Systems; the historical seasonal fluctuations in erosion for the subject property; and the certified topographical survey and other information submitted by the applicant.
(g) General conditions of variance granted.
(1) With regard to any variance granted pursuant to this section after August 1, 2012, if the rights authorized by a variance are not exercised within 730 days of the date of grant of such variance, they shall lapse and may be reestablished only after notice, a new hearing, and an evaluation pursuant to this section.
(2) All variances issued pursuant to this section are conditioned upon the development depicted on the survey submitted pursuant to this subsection and will not be applicable to or permit other development.
(3) In compliance with 44 CFR § 60.3(a)(2), all other applicable state or federal permits must be obtained before the commencement of development.
(h) All other applicable federal, state and Town zoning, building, planning and construction codes, rules and regulations shall be satisfied.
(i) A courtesy notice of the public hearing under this section shall be mailed by the Board of Adjustment to all property owners within 500 feet of the subject property, as listed in the application presented; provided, however, that the failure to send or the fact that intended recipient may not have received said notice shall not otherwise invalidate any action taken by the Board of Adjustment hereunder.
(Ord. 85-8, passed 1-20-86; Am. Ord. 2012-04, adopted 7-18-12)
(j) The provisions of §§ 7A-151, 7A-154, and 7A-155 shall apply to proceedings for a variance under this Chapter 5A.
(Am. Ord. 2017-05, adopted 12-20-17)