Steps That Need To Be Taken For:

Variances

If the building inspector denies an application for building permit or a certificate of occupancy for any building or use that would be in violation of any of the provisions of this ordinance, and if the applicant is of the opinion that it is impossible to apply strictly such provisions to his property because of the existence of peculiar and unusual physical conditions affecting such property other than conditions relating to the financial circumstances of the applicant, but including the fact that same has been designated as a historic landmark by the Miami Shores Village Council, he or she may appeal to the planning board, fully setting forth:

1. The alleged peculiar and unusual conditions affecting the property

2. The alleged reasons why such conditions make it impossible strictly to apply specified provisions of this ordinance to the property.

3. The variance in such strict application that the applicant believes to be necessary in order to enable him to make a reasonable use of the property

4. The reasons why the applicant is of the opinion that such variance would be in harmony with the intent and purpose of this ordinance, would not be detrimental to the existing use or prospective development of property in the vicinity, and would not give to the applicant an advantage with respect to the use of his property that is not enjoyed  by the owners of similarly situated property

After notice to the parties in interest, as prescribed in its rules, the planning board shall act as follows:

1. Determine whether or not there are peculiar and unusual physical conditions applying to the property of the applicant, other than conditions relating to his financial circumstances; and if so but not otherwise;

2. Determine whether or not such conditions are such that it is impossible strictly to apply specified provisions of this ordinance to such property; and if so but no otherwise;

3. Determine the minimum variance in such strict application that will enable the owner to enjoy the reasonable use of the property without being detrimental to the existing use or prospective development of property in the vicinity and without giving the owner an advantage that is not enjoyed by the owners of similarly situated property; and

4. Grant the aforesaid variance, subject to such conditions as the board deems to be necessary in furtherance of the purposes of this ordinance.

In no case shall any such variance permit the establishment of any use that is not specifically permitted in the district under the regulations applying thereto as set forth in this ordinance.

(Ord. No. 516, § 2, 9-20-88)

For any other questions concerning site plans and variances, please feel free to call Planning and Zoning or check the municipal codes online by clicking HERE.