§ 30-85. Variances and waivers.

(a)

Hardship. Where the board of county commissioners finds that extraordinary hardships may result from strict compliance with these regulations, it may vary the regulations so that substantial justice may be done and the public interest secured; provided that such variation will not have the effect of nullifying the intent and purpose of the general community plan or these regulations.

(b)

Additional provisions. The regulations may further provide that the standards and requirements set out in the regulations may be modified by the board of county commissioners in the case of a plan and program for a new town which has elected to come under the provisions of this article, a complete community, or a neighborhood unit, which, in the judgment of the board of county commissioners, provides adequate public spaces and improvements for the circulation, recreation, light, air and service needs of the tract when fully developed and populated, and which also provide such covenants or other legal provisions as will assure conformity with and achievement of the comprehensive plan of the county planning and zoning commission. In granting any such modifications, the board of county commissioners may require such reasonable conditions and safeguards as will secure substantially the objectives of the standards or requirements so modified.

(c)

Waiver. The board of county commissioners may waive any or all of the requirements of this article and the rules and regulations adopted under this article, if it is determined upon the plans and data submitted by the subdivider that compliance with this article is not required because such plan or plat shall not conflict with or nullify the intent and purpose of this article. If a waiver is granted, compliance with this article shall not be required as long as the plan, plat and use of the land upon which the waiver is granted shall not be altered, changed or modified by the subdivider or subsequent owner.

(d)

Conditions. In granting variances and modifications, the board of county commissioners may require such conditions as will, in its judgment, secure substantially the objectives of the standards or requirements so varied or modified.

(e)

Nonsubstantial and substantial variances. All variance requests are to be classified and treated as either nonsubstantial or substantial by the development review committee (DRC) based upon the criteria contained in chapter 34. The board of county commissioners hereby deems nonsubstantial variances to be ministerial applications of the subdivisions regulations, chapter 34, which may be granted by the DRC. A DRC decision on a nonsubstantial variance may be appealed to the board and the board shall hold a noticed public hearing on the appealed DRC decision. Substantial variance shall be reviewed by the DRC and a recommendation forwarded to the board of county commissioners for final action at a noticed public hearing. All board of county commissioners public hearings on either substantial or nonsubstantial variances to chapter 34 shall follow the public hearing notice procedures set forth in chapter 34.

(Code 1965, § 32-37; Laws of Fla. ch. 65-2015, § 7; Ord. No. 94-4, § 3, 2-8-94)