§ 62-4486. Variance.

An administrative variance to section 62-4456(b), entitled location; maximum lot coverage, section 62-4457(f), (i), entitled design and construction guidelines, and section 62-4458, entitled vegetation standards; time limit for completing excavation, may be granted by the director of the office of natural resources management, pursuant to the following criteria:

(1)

The director may grant a variance in those cases where the facts presented evidence the following:

a.

That the location of the existing or proposed pond shall not violate the minimum setbacks required for onsite sewage treatment disposal systems as defined in F.S. § 381.0065(4)(f)(2).

b.

That the granting of the variance shall not adversely impact adjacent properties.

c.

That the location of subject pond shall not substantially alter the functionality of existing wetlands or drainage features.

d.

That the intent of the criteria sought to be modified is addressed through unique characteristics of the land or other conditions proposed with the variance.

(2)

The director may attach to the variance such reasonable conditions as deemed necessary to maintain the purpose and intent of this article.

(3)

All other applicable federal, state, and county zoning, building, and construction codes, rules, and regulations shall be satisfied.

(Ord. No. 99-03, § 2, 1-26-99)