§ 54-519. Variances.

(a)

The Sarasota County Building Code Board of Adjustments and Appeals ("Board of Adjustment") is hereby authorized to grant Variances to allow New Construction, reconstruction and Substantial Improvements to be built below the Base Flood Elevation (B.F.E.) as delineated on the adopted Flood Insurance Rate Maps (FIRM), or in the Local Flood Studies pursuant to the provisions of this section. Variances shall only be granted prior to proposed New Construction, reconstruction, Substantial Improvement, or any other Development when based upon competent, substantial evidence presented by the applicant that a Hardship, as defined in this Article is found to exist, and the following considerations are evaluated:

(1)

The danger that materials and debris may be swept onto other lands resulting in further injury or damage;

(2)

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

(3)

The susceptibility of the proposed Development, including contents, to Flood damage and the effect of such damage on current and future owners;

(4)

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

(5)

The availability of alternate locations for the proposed Development that are subject to lower risk of Flooding or erosion;

(6)

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

(7)

The relationship of the proposed Development to the comprehensive plan and Floodplain management program for the area;

(8)

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

(9)

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

(10)

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, streets and bridges.

(b)

Generally Variances are granted only for lots of one-half acre or less that are contiguous to, or substantially surrounded by, lots with existing Structures below the Base Flood Elevation (B.F.E.). Variances, when otherwise permissible pursuant to this section (i.e., Hardship found to exist), shall only be granted upon a determination by the Board of Adjustment, based upon competent substantial evidence presented by the applicant, that:

(1)

The granting of a Variance will not result in increased Flood heights, additional threats to public safety, extraordinary public expense, create nuisances, cause fraud on or victimization of the public, or conflict with existing local laws or ordinances; and

(2)

The lot in question is so small or has such unusual characteristics that the prescribed standards cannot be met without some relief so as to allow a reasonable use of the property.

(c)

Variances shall only be issued upon a determination that the Variance is the minimum necessary, considering the Flood hazard, to afford relief.

(d)

A Variance may be granted for a Functionally Dependent Facility where a showing is made that the facility cannot be utilized if it is required to meet the minimum Lowest Floor elevation, and other design standards required in a Special Flood Hazard Area (SFHA).

(e)

The Floodplain Administrator shall provide written notification to applicants for Variances that:

(1)

The issuance of a Variance to construct a Structure below the Base Flood Elevation (B.F.E.) will result in increased premium rates for flood insurance up to amounts as high as $25.00 for $100.00 of insurance coverage or negatively impact eligibility for flood insurance; and

(2)

Such construction below the Base Flood Elevation (B.F.E.) increases risks to life and property.

Such notification shall be maintained with a record of all Variance actions.

(f)

No building permit shall be issued for construction covered by a Variance until the document granting the Variance has been recorded at the applicant's expense in the public land records of Sarasota County, Florida. Said document shall contain the notice information provided in subsection (e) above.

(g)

A Variance granted under this Article shall expire within 180 days from the date of the document granting the Variance unless a valid building permit is issued within said 180-day period and construction is carried to completion under said building permit; provided, however that the Board of Adjustment may, for good cause shown, grant an extension of the 180-day period not to exceed an additional 180 days.

(h)

No Variance shall be granted for any Development in a regulatory Floodway if any increase in Flood levels during the occurrence of the Base Flood discharge will result.

(i)

Variances may be issued for the repair or rehabilitation of Historic Structures upon a determination that the proposed repair or rehabilitation will not preclude the Structure's continued designation as a Historic Structure and the Variance is the minimum necessary to preserve the historic character and design of the Structure. All possible Flood damage protection measures must be incorporated in the design and construction (e.g, protection of utilities, use of Flood-Resistant Materials).

(j)

Variances shall not be granted after the fact.

(k)

The Floodplain Administrator shall maintain a record of all variance actions including justification for granting variances, if applicable.

(Ord. No. 2002-013, § 2, 4-24-2002; Ord. No. 2003-085, § 9, 10-8-2003; Ord. No. 2008-084, § 9, 7-8-2008; Ord. No. 2009-024, § 10, 9-22-2009; Ord. No. 2016-043, § 3, 9-7-2016)