§ 33-297. Variances and appeals.

(a)

Variances. Any person desiring to erect any structures, or increase the height of any structure, or permit the growth of any tree, or otherwise use his property in violation of the airport zoning regulations adopted under this chapter, may apply for a variance from the zoning regulations in question in accordance with Section 33-311(A)(5) of this chapter or applicable municipal regulations. Such variances shall be allowed where a literal application or enforcement of regulations would result in unnecessary hardship and the relief granted would not be contrary to the public interest but do substantial justice and be in accordance with the spirit of these regulations. Provided, that any variance may be allowed subject to any reasonable conditions that the Board may deem necessary to effectuate the purpose of these regulations. All such variances shall be applied for in the same manner as any other variances and shall be granted only after the same notice and hearing as required in the case of other variances. Additionally, and in accordance with Section 333.025(4), Florida Statutes, no hearing shall be held until the Aviation and Spaceports Office of the Florida Department of Transportation has received a copy of the variance application and has been provided a minimum of 15 days to comment.

(b)

Appeals. Any person, political subdivision, or any airport zoning board, that contends that a decision of the Department or applicable municipal department is an improper application of these airport zoning regulations may file an appeal of the administrative determination in accordance with the procedures set forth in Article XXXVI of this chapter for appeals of administrative determinations, or applicable municipal regulations.

(Ord. No. 68-33, § 1, 5-21-68; Ord. No. 98-125, § 21, 9-3-98; Ord. No. 17-06, § 2, 1-24-17)