Sec. 62-156. - Designation of variance and appeals board.

The Board of Zoning Appeals as established by the Board of County Commissioners of Collier County, Florida, shall hear and decide Appeals and requests for Variances from the requirements of this Ordinance.

(Ord. No. 2011-07, § 6)

Sec. 62-157. - Duties of variance and appeals board.

The Board of Zoning Appeals shall hear and decide Appeals when it is alleged an error in any requirement, decision, or determination is made by the Floodplain Administrator in the enforcement or administration of this Ordinance. Any person adversely affected by the decision of the Board of Zoning Appeals may Appeal such decision to the Circuit Court, as provided by law.

(Ord. No. 2011-07, § 6)

Sec. 62-158. - Variance procedures.

(1)

A request for a Variance to any requirement of this article shall follow the procedure described in the Collier County Land Development Code Section 10.04.04, as may be amended, for Applications Subject to Type III Review.

(2)

The filing fee for each Variance request shall be that adopted and in effect in the Growth Management Division/Planning and Regulation Fee Schedule, (approved 7-27-10, Resolution 2010-130) as may be amended, replaced or superseded.

(3)

All Variance petitions shall be filed with the County Manager on forms provided and shall include data and information deemed appropriate and necessary by the County Manager.

(4)

In acting upon such Variance applications, the Board of Zoning Appeals shall consider all technical evaluations, all relevant factors, standards specified in other Sections of this Ordinance, and:

(a)

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

(b)

The danger of life and property due to Flooding or erosion damage;

(c)

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

(d)

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

(e)

The necessity to the facility of a waterfront location where applicable;

(f)

The availability of alternative locations for the proposed use which are not subject to Flooding or erosion damage;

(g)

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

(h)

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

(i)

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

(j)

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

(k)

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; and

(l)

Grant and facilitate situations in code or regulations in which an unforeseen circumstance has been identified following a natural or man-made disaster in support of the emergent need for post disaster temporary emergency housing. Such efforts, pending the magnitude of the disaster and the need for emergency housing may include efforts to grandfather or retro-actively approve such temporary emergency housing actions, waivers or exemptions when reasonable efforts were implemented to protect life, property and minimize suffering in an attempt to stabilize displaced residents and families following a disaster. Where possible such temporary waivers or exemptions following a disaster housing effort shall terminate within eighteen (18) months of issuance unless extended by the Board of County Commissioners.

(Ord. No. 2011-07, § 6)

Sec. 62-159. - Conditions for variances.

(1)

Variances may be issued for New construction and Substantial improvements to be erected on a lot of one-half acre or less in size contiguous to and surrounded by lots with existing Structures constructed below the BFE, in conformance with the procedures of Subsections (3), (4), (5) and (6) of this Section 62-159

(2)

Variances may be issued for New construction and Substantial improvements and for other Development necessary for the conduct of a Functionally dependent use provided that:

a)

The criteria of Section 62-161, and Subsections (1), (3) and (4) of this Section 62-159 are met; and

b)

The Structure or other Development is protected by methods that minimize Flood damages during the Base flood and create no additional threats to Public safety.

(3)

Variances shall only be issued when there is:

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, cause fraud on or victimization of the public, or conflict with existing local laws or ordinances.

(4)

Variances shall only be issued upon a determination that the Variance is the minimum necessary deviation from the requirements of this Ordinance, considering the Flood hazard, to afford relief.

(5)

The County Manager shall maintain the records of all Variance actions and report any Variances to the Federal Insurance Administration upon request.

(6)

Any applicant to whom a Variance is granted shall be given written notice that when a Structure is permitted to be built with the lowest habitable floor elevation below the BFE the cost of Flood insurance will be commensurate with the increased risk resulting from the reduced lowest habitable floor elevation.

(7)

Upon consideration of the factors listed above and the purpose of this Ordinance, the Board of Zoning Appeals may attach such conditions to the granting of Variances as it deems necessary to further the purposes of this Ordinance.

(Ord. No. 2011-07, § 6)

Sec. 62-160. - Historic structures.

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 this Section.

(Ord. No. 2011-07, § 6)

Sec. 62-161. - Structures in regulatory floodway.

Variances shall not be issued within any designated Floodway if any impact in Flood conditions or increase in Flood levels during the Base flood discharge would result.

(Ord. No. 2011-07, § 6)

Secs. 62-162—62-185. - Reserved.