§ 13-12. Variances.
(a)
The board of adjustment may grant a variance from any provision of section 13-7 or 13-10.
(b)
Any person seeking a variance shall submit an application with the zoning department containing information which demonstrates that bringing the sound or vibration for which the variance is sought into compliance with this chapter would constitute an unreasonable hardship on the applicant, community, or on other persons. At a minimum, the applicant shall provide the following information:
(1)
Identification of applicant;
(2)
Applicant's mailing address;
(3)
Legal description of property from which the sound or vibration will emanate;
(4)
Description of source of sound or vibration;
(5)
Description of sound or vibration;
(6)
Names and addresses of all abutting property owners; and
(7)
Facts and reasons justifying a variance.
(c)
The applicant for a variance shall tender an application fee in an amount determined by the board of county commissioners.
(d)
The zoning department shall schedule a hearing on the variance application with the board of adjustment. The department shall notify the applicant for a variance and all abutting property owners within three hundred (300) feet no less than ten (10) days before the hearing of the time, date, and place of the hearing. If department records show that the variance application stems from a complaint, the department shall also so notify the complainant.
(e)
At the hearing, the applicant may submit any relevant evidence or testimony. In deciding whether to grant or deny the application, the board of adjustment shall balance the hardship which will result to the applicant, the community, and other persons if the variance is not granted, versus the adverse impact on the health, safety, and general welfare of persons if the variance is granted. The board of adjustment shall grant or deny the variance application no later than ten (10) days after the date of the hearing. In granting or denying a variance application, the board of adjustment shall state in writing on the application, the reasons for their decision. If the board of adjustment's decision is to grant the application, they shall set forth the terms and conditions of the variance, including the effective date of the variance, the period of the variance, the time of day the variance may be used, the location where the sound or vibration may be created or caused, and the sound or vibration level limits.
(f)
No variance may exceed three hundred sixty-five (365) days.
(g)
If the board of adjustment grants the variance application, a written variance shall be issued to the applicant. However, the variance shall not be issued until the time for filing a notice of appeal pursuant to subsection (j) has expired. If a notice of appeal is filed, the variance shall not be issued unless the circuit court upholds the board of adjustment's decision.
(h)
The variance shall contain all the terms and conditions of the variance. A copy of the variance shall be retained by the zoning department. This copy shall be available for inspection upon request by the general public.
(i)
In the event of noncompliance with any term or condition of the variance, the board of adjustment shall provide notice of a public hearing as provided in paragraph (d), above, for consideration of the nature of the noncompliance and the possible revocation of the variance, and the right of all interested parties to present evidence at such hearing. If the board of adjustment determines that the noncompliance has not been eliminated within seven (7) calendar days following receipt of the notice of noncompliance, the board of adjustment shall revoke the variance, and shall so advise the variance holder by mail.
(j)
Any variance applicant or abutting property owner within three hundred (300) feet may appeal a decision of the board of adjustment on a variance application by submitting a notice of appeal with the clerk of the circuit court within thirty (30) calendar days after the decision is entered. The appeal shall be by certiorari to the circuit court in and for the 5 th Judicial Circuit, Marion County, Florida, and shall be limited to a review of the record evidence presented at the public hearing conducted pursuant to paragraph (i), above.
(k)
Any variance holder may appeal a decision of the board of adjustment revoking a variance pursuant to subsection (i) by submitting a notice of appeal to the clerk of the circuit court within thirty (30) calendar days after the revocation. The appeal shall be by certiorari to the circuit court in and for the 5 th Judicial Circuit, Marion County, Florida, and shall be limited to a review of the record evidence presented at the public hearing conducted pursuant to paragraph (i), above.
(Ord. No. 99-2, § 1, 1-19-99; Ord. No. 15-08, § 1, 6-16-2015)