§ 37-541. Variances to state requirements.

(a)

A request for a variance to any design or construction regulation which is incorporated herein by F.A.C. § 10A and is required by F.A.C. ch. 10D-6, as may be amended or replaced, shall be applied for and determined in accordance with F.A.C. § 10D-6.045, as may be amended or replaced. Applications for such variances shall be submitted through the county public health unit utilizing the appropriate state forms. Providing a variance granted pursuant to F.A.C. § 10D-6.045 by the appropriate state agency concerning a provision of F.A.C. ch. 10D-6 is both: (1) either not specifically addressed or is merely restated in this article, and (2) the applicable restated provision of this article, if any, is not more restrictive than the corresponding F.A.C. ch. 10D-6 provision; then a county variance will not be required and the county shall recognize and honor the state-issued variance. Similarly, an applicant may not circumvent any local requirements imposed by this article which are more restrictive than the F.A.C. ch. 10D-6 requirements by seeking a variance through F.A.C. § 10D-6.045.

(b)

The decision to grant or deny a variance to a state requirement may be appealed through an administrative hearing in compliance with F.S. ch. 120, as set forth in F.A.C. § 10D-6.045(3), as may be amended or replaced.

(Ord. No. 92-16, § 11, 5-26-92)