§ 11C-12. Variances.

(a)

Authority of the Director of the Department of Environmental Resources Management. The Director of the Department of Environmental Resources Management or his designee shall have the authority and duty to consider and act upon applications for a variance from these regulations for properties located within the unincorporated or incorporated areas of Miami-Dade County as hereinafter set forth. The Director of the Department of Environmental Resources Management or his designee is hereby advised that in granting any variances hereunder, said Director shall consider the purposes of the National Flood Insurance Program as specified in Title 24, Code of Federal Regulations, Chapter 10, subchapter B, Parts 1909 et seq. Furthermore, the Director of the Department of Environmental Resources Management or his designee shall consider the fact that an annual report on variances granted shall be submitted to the National Flood Insurance Administration, which report is the basis for continued availability of flood insurance to the inhabitants of the unincorporated areas of Miami-Dade County, and therefore variances shall be granted with extreme caution.

(b)

The Director of the Department of Environmental Resources Management or his designee may grant variances from the terms of this chapter as will not be contrary to the public interest, where owing to special conditions, a literal enforcement of the provisions hereof will result in unnecessary hardship, and so the spirit of the regulations shall be observed and substantial justice done; provided, that the variance will be in harmony with the general purpose and intent of this chapter and that the same is the minimum variance that will permit the reasonable use of the premises. Upon receipt of all necessary information, including a staff report, the Director or his designee shall review the information and render his decision, either approving, modifying or denying the request. A copy of said decision shall be published in a newspaper of general circulation. All approvals or modifications shall not be effective until ten (10) days after the Director's or his designee's decision is published in a newspaper of general circulation. A courtesy notice containing the decision of the Director of his designee may be mailed to adjacent and abutting property owners of record, their tenants or their agents, that are duly noted on the application. The failure to mail or receive such courtesy notice shall not affect any action or proceedings taken hereunder. The Director of the Department of Environmental Resources Management or his designee shall notify the Director of the Planning and Zoning Department and the Public Works Department of all decisions made pursuant to this subsection.

(c)

Variances may be issued by the Director or his designee for the reconstruction, rehabilitation or restoration of structures listed on the National Register of Historic Places or the State Inventory of Historic Places without regard to the procedures set forth in the remainder of this section, except for Section 11C-12(g)(1) and Section 11C-12(g)(2), and provided the proposed reconstruction, rehabilitation, or restoration will not result in the structure losing its historical designation.

(d)

In passing upon all such applications except those pursuant to Section 11C-12(c), the Director of the Miami-Dade County Department of Environmental Resources Management, or his designee, shall consider all technical evaluations, all relevant factors, all standards specified in other sections of this chapter, and:

(1)

The danger that material may be swept onto other lands to the injury of others;

(2)

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

(3)

The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner;

(4)

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

(5)

The necessity of the facility to be located on the waterfront;

(6)

The availability of alternative locations, not subject to flooding or erosion damage, for the proposed use;

(7)

The compatibility of the proposed use with existing and anticipated development;

(8)

The relationship of the proposed use to the comprehensive plan and floodplain management program for that area;

(9)

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

(10)

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

(11)

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, and streets and bridges.

(e)

Upon consideration of the factors listed above, and the purposes of this chapter, the Director of the Miami-Dade County Department of Environmental Resources Management or his designee may attach such conditions, limitations, and restrictions to any variance as the Director or his designee deems necessary to further the purposes of this chapter.

(f)

Notwithstanding anything in this chapter to the contrary, variances shall not be issued within any designated floodway if any increase in flood levels during the base flood discharge would result.

(g)

Criteria for variances:

(1)

Variances shall be granted upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief; and in the instance of a historical building, a determination that the variance is the minimum necessary in order not to destroy the historic character and design of the building;

(2)

Variances shall only be granted upon (i) a showing of good and sufficient cause, (ii) a determination that failure to grant the variance will result in exceptional hardship, and (iii) a determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, create a nuisance, cause a fraud upon or victimization of the public, or conflict with existing local laws or ordinances.

(h)

Any applicant to whom a variance is granted shall be given written notice specifying the difference between the base flood elevation and the elevation to which the structure is to be built and stating that the cost of flood insurance will be commensurate with the increased risk resulting from the reduced lowest floor elevation.

(i)

The Director of the Miami-Dade County Department of Environmental Resources Management or his designee shall maintain the records of all variance actions and report any variances to the Federal Emergency Management Agency upon request.

(j)

Review of any decision or action of the Director of the Department of Environmental Resources Management or his designee pursuant to this chapter shall be to the Miami-Dade County Environmental Quality Control Board, in accordance with the procedures set forth in Section 24-6 of the Code of Metropolitan Miami-Dade County, Florida. Any person aggrieved by any decision of the Miami-Dade County Environmental Quality Control Board on an appeal may seek judicial review in accordance with the Florida Rules of Appellate Procedure.

(Ord. No. 87-75, § 1, 11-3-87; Ord. No. 92-150, § 1, 12-1-92; Ord. No. 98-125, § 7, 9-3-98)