§ 21-53. Same—Granting generally; authority of Council.

The Council is advised that the purpose of zoning and zoning regulations is to provide a plan and design to lessen the congestion in the highways; to secure safety from fire, panic and other dangers; to promote health, safety, morals, convenience and the general welfare; to provide adequate light and air; to prevent the overcrowding of land and water; to avoid undue concentration of population; to facilitate the adequate provision of transportation, water, sewerage, schools, parks and other public requirements, with the view of giving reasonable consideration, among other things, to the character of the district or area and its peculiar suitability for particular uses and with a view to conserving the value of Buildings and Property and encouraging the most appropriate use of land and water throughout the Village.

(a)

Business District. The Village Council, following a public hearing, may grant a nonuse variance upon a showing by the applicant that the variance maintains the basic intent and purpose of the zoning and other land use regulations as set forth in this section. In considering an application for variance, the Village Council shall affirmatively determine whether the application meets all the following criteria:

(1)

The granting of the variance must be compatible with the surrounding land uses and not be detrimental to the community as a whole.

(2)

The granting of the variance must do substantial justice to the applicant as well as other Property Owners in the district.

(3)

The variance can be granted in such fashion that the spirit of this chapter will be observed and public safety and welfare secured, without tending to create fire or other equally or more dangerous hazard or provoke excessive overcrowding or concentration of people or population.

(4)

Compliance with the strict letter of the regulations will result in a practical difficulty so as to prevent the Owner from using the Property for a permitted purpose or render compliance unreasonably burdensome.

(b)

All other Zoning Districts.

(1)

In specific cases where the literal and strict enforcement of the applicable provisions of these zoning regulations, or other regulations or provisions of this Code, would result in undue or unnecessary hardship, the Village Council, following a public hearing, may grant a petition for a nonuse variance from said regulations as will provide substantial justice and not be contrary to the public interest reflected in said regulations, provided the Council makes the following findings:

a.

The subject property has special conditions, not applying generally to other neighboring properties in the same zoning district, which occasion the necessity for the petitioned variance.

b.

The development resulting from the granting of such variance shall be in harmony with the policies embodied within the Village Comprehensive Plan.

c.

The granting of such variance shall be consistent with the general purpose and intent of the applicable zoning district regulations governing the property on which approval is granted.

d.

The granting of such variance shall not adversely affect the use or development of neighboring properties in accordance with the applicable zoning district regulations nor hinder or discourage appropriate development and use of adjacent or nearby land and/or buildings or impair the value thereof.

e.

That the literal and strict enforcement of the applicable provisions of the zoning regulations or other provisions of the Code of Bal Harbour Village, would result in undue or unnecessary hardship to the applicant.

f.

That the granting of the requested variance will provide substantial justice and not be contrary to the public interest as reflected in the applicable regulations.

g.

That the need for the variance does not arise from conditions which are personal to the owner but instead relate to the uniqueness of the property.

h.

It is the responsibility of the applicant to submit evidence that addresses the above criteria.

(2)

The Council may require appropriate conditions, stipulations and safeguards as conditions of granting any variance. A violation of these conditions, stipulations and safeguards shall be deemed a violation of this Code.

(3)

A variance of the use or density provisions of these Zoning Regulations is prohibited.

(4)

Since variances run with the land and are not personal to the owner of the subject property, conditions personal to said owner and not relating to the uniqueness of the subject property, shall not be a valid basis for a variance. Further, the lack of objections from surrounding property owners, while persuasive, should be judged in light of the fact that all future surrounding property will be subject to the effects of the permitted variance.

(Ord. No. 217, § 3, 7-29-80; Ord. No. 439, § 1, 4-20-99)