§ 367. Variances.

367.1.   Purpose and Scope.

The purpose of a variance is to provide limited relief from the requirements of this Code in those cases where strict application of those requirements will create a practical difficulty or unnecessary hardship, or where the requirements of this Code render the land difficult to use because of some rare and unique physical attribute of the property itself or some other factor unique to the property for which the variance is requested. Floodplain elevation variances are addressed in Section 802, Floodplain Management.

367.2.   Limitations on Granting of Variances.

Variances may be granted for no other purpose than to allow a single lot or parcel to depart from the dimensional regulations of this Code that restrict the following matters:

A.

Minimum floor area per dwelling units;

B.

Required yards, buffers, or setbacks;

C.

Maximum lot coverage;

D.

Maximum heights; and

E.

Errors of encroachments.

367.3.   Prohibitions.

Even if a requested variance complies with the requirements of this Section, such variance shall not be granted if such variance:

A.

Allows the expansion or establishment of a use in a zone or district in which such use is not permitted by this Code;

B.

Permits the establishment or expansion of a Special Permit or Administrative Permit use without the required approvals;

C.

Relates in any way to a nonconforming use, except to the extent such use has been approved pursuant to this Code;

D.

Purports to modify any definitions set forth in Chapter 2, Definitions;

E.

Results in an increase in density above that permitted in the applicable zoning district regulations;

F.

Will be inconsistent with the Manatee County Comprehensive Plan; or

G.

Results in approval of any action which would violate any floodplain management provision of Manatee County; any floodplain management provision of the National Flood Insurance Program; and/or any floodplain management provision of the Community Rating System Program.

367.4.   Certificate of Appropriateness.

Any proposed work in any historical overlay district established pursuant to this Code must first be granted a Certificate of Appropriateness by the Manatee County Historic Preservation Board in accordance with the requirements of this Chapter.

367.5.   Review Procedures.

A.

Application. All applications for variances shall be reviewed and processed for completeness and sufficiency. Within a reasonable time after receipt of the sufficiency review comments, the Department Director shall deliver to the Hearing Officer a copy of the application and a written report summarizing the facts of the case including all relevant documents and incorporating or summarizing the comments from the appropriate reviewing departments and agencies, and schedule a date for a public hearing.

B.

Review.  

1.

Upon receiving the report from the Department Director, the Hearing Officer shall hold at least one (1) public hearing on the proposed variance. Notice of the public hearing shall be provided and the public hearing shall be conducted in accordance with this Chapter.

2.

The Hearing Officer shall review the application, the report of the Department Director, and the evidence presented and shall issue a variance only if it is found that all the standards set forth in this section have been satisfied.

3.

The Hearing Officer may impose such conditions and restrictions upon the variance as may be necessary to comply with the requirements of this section and the comprehensive plan, and to prevent or minimize adverse effects on other property in the neighborhood. Such conditions may include, but shall not be limited to: limitations on size, bulk and location; requirements for landscaping, signage, outdoor lighting, and the provision of adequate ingress and egress; hours of operation; and the mitigation of environmental impacts. Such conditions may also include limitations on the duration of a variance.

367.6.   Review Criteria.

All variances shall comply with the following criteria:

A.

The particular physical surroundings, shape, topographical condition, or other physical or environmental condition of the specific property involved would result in a particular hardship upon the owner, as distinguished from a mere inconvenience, if the strict letter of the regulations were carried out;

B.

The conditions upon which the request for a variance is based are unique to the parcel and would not be applicable, generally, to other property within the vicinity;

C.

The variance is not based on any conditions, including financial, occupational, or ability, which are personal to the applicant as applied to the property involved in the application;

D.

The alleged hardship has not been created by any person presently having an interest in the property or was created as a result of a bona fide error;

E.

The granting of the variance will not be detrimental to the public welfare or injurious to other property or improvements in the vicinity;

F.

The proposed variance will not substantially increase the congestion in the public streets, or increase the danger of fire, or endanger the public safety;

G.

The variance granted is the minimum variance that will make possible the reasonable use of the property; and

H.

The property cannot be put to a reasonable use which complies fully with the requirements of the Code unless the variance is granted.

I.

Alternatively, a variance may be issued to correct a bona fide staff error that has been made and has led to construction that does not comply with the Code.

367.7.   Effect of Approval.

The granting of a variance authorizes the applicant to proceed with any additional applications for development approval, certificates of occupancy, and other permits which the County may require for any proposed development of the property.