A. Purpose
The purpose of a Variance is to allow certain deviations from standards of this Code when the landowner demonstrates that, owing to special circumstances or conditions beyond the landowner's control (such as exceptional topographical conditions or the narrowness, shallowness, or shape of a specific parcel of land), the literal application of the standards would result in undue and unique hardship to the landowner and the deviation would not be contrary to the public interest. Variances are to be sparingly exercised and only in rare instances and under exceptional circumstances to relieve undue and unique hardships to the landowner. No change in permitted uses or increases in maximum allowable density may be authorized by variance.
B. Applicability
The Variance procedure may be used to seek and obtain hardship relief from the standards in Article 3: Zoning Districts, Article 4: Use Standards, Article 5: Development Standards, and Article 7: Nonconformities, provided that no variance may be sought or granted that would permit a use not permitted by use standards applicable in a zoning district or increase development density (e.g., units per acre) beyond that allowed by density standards applicable in a zoning district.
C. Variance Procedure
1. Step 1: Pre-Application Meeting
Applicable (See Section 155.2301.).
2. Step 2: Neighborhood Meeting
Optional (See Section 155.2302.).
3. Step 3: Application Submittal and Acceptance
Applicable (See Section 155.2303.).
4. Step 4: Staff Review and Action
Applicable (See Section 155.2304.). The Development Services Director reviews, prepares a staff report, and makes a recommendation on the application.
5. Step 5: Scheduling and Notice of Public Hearing
Applicable (See Section 155.2305.).
6. Step 6: Advisory Body Review and Recommendation
Not applicable.
7. Step 7: Decision-Making Body Review and Decision
Applicable to a final decision by the ZBA, following a quasi-judicial public hearing (See Section 155.2307.), except that approval of an application for a Variance shall require the concurring vote of at least five members of the ZBA.
D. Variance Review Standards
1. A Variance application shall be approved only on a finding that there is competent substantial evidence in the record that all of the following standards are met:
a. There are extraordinary and exceptional conditions (such as topographic conditions, narrowness, shallowness, or the shape of the parcel of land) pertaining to the particular land or structure for which the Variance is sought, that do not generally apply to other lands or structures in the vicinity;
b. The extraordinary and exceptional conditions referred to in paragraph a., above, are not the result of the actions of the landowner;
c. Because of the extraordinary and exceptional conditions referred to in paragraph a., above, the application of this Code to the land or structure for which the Variance is sought would effectively prohibit or unreasonably restrict the utilization of the land or structure and result in unnecessary and undue hardship;
d. The Variance would not confer any special privilege on the landowner that is denied to other lands or structures that are similarly situated.
e. The extent of the Variance is the minimum necessary to allow a reasonable use of the land or structure;
f. The Variance is in harmony with the general purpose and intent of this Code and preserves its spirit;
g. The Variance would not adversely affect the health or safety of persons residing or working in the neighborhood, be injurious to property or improvements in the neighborhood, or otherwise be detrimental to the public welfare; and
h. The Variance is consistent with the comprehensive plan.
2. The following factors do not constitute sufficient grounds for approval of a Variance:
a. A request for a particular use that is expressly, or by inference, prohibited in the zoning district;
b. Hardships resulting from factors other than application of requirements of this Code;
c. The fact that land or a structure may be utilized more profitably or be more marketable with a Variance; or
d. The citing of other nonconforming or conforming uses of land or structures in the same or other zoning districts.
After the appeal period has expired pursuant to Section 155.2424.B., the City shall file a copy of the written notice of approval issued per Section 155.2308.A, Notice of Decision, with the Broward County Records Division for recording.
F. Effect of Approval
1. A development order for a Variance authorizes only the particular regulatory relief approved as part of the Variance, as applied only to the land for which the Variance is approved, and only in accordance with any approved plans and documents, and conditions of approval. It does not exempt the applicant from the responsibility to obtain all other development permits required by this Code and any other applicable laws, and does not indicate that the development for which the Variance is granted should receive approval of other applications for a development permit required under this Code unless the relevant and applicable portions of this Code or any other applicable laws are met.
2. Unless it expires in accordance with Section 155.2420.G, Expiration, an approved and recorded Variance—including any approved plans and document, and conditions of approval—shall run with the land, shall be binding on the landowners and their successors and assigns, and shall not be affected by a change in ownership.
1. Approval of a Variance shall automatically expire if the applicant does not record the written decision of the Variance in compliance with Section 155.2420.E, Recordation. This expiration period may not be extended in accordance with Section 155.2308.B.2, Extension of Expiration Time Period.
2. A recorded Variance shall automatically expire and become invalid if a Zoning Compliance Permit is not obtained for the development for which the Variance was granted within two years after the date of Variance approval, or an extension of this time period authorized in accordance with Section 155.2308.B.2, Extension of Expiration Time Period. In such a case, the Development Services Director shall file a written notice of the Variance's expiration with the Broward County Records Division for recording.
H. Amendment
Any modifications of development subject to a Variance shall require amendment of the Variance in accordance with Section 155.2308.C, Modification or Amendment of Development Order.