Variances and appeals

(a)

Authority of the variance review committee. The variance review committee shall be comprised of the building official, and the directors of resilience and public works, building, planning, and zoning. The variance review committee, acting by majority vote, and pursuant to this section, shall have the authority and duty to consider and act upon applications for a variance from these regulations for properties located within the corporate limits of the City of Miami, Florida. The variance review committee is hereby advised that in granting any variances hereunder, said official shall consider the purposes of the National Flood Insurance Program as specified in 44 CFR 60 et seq. Furthermore, the variance review committee 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 city, and therefore variances shall be granted with extreme caution.

(b)

The variance review committee 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 exceptional 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 variance review committee shall review the information and render their decision, either approving, modifying or denying the request. The decision and supporting documentation shall be reviewed by the director of the building department who shall document concurrence as part of the record. A copy of said decision shall be published via the city's website at www.miamigov.com. All approvals or modifications shall not be effective until ten days after the variance review committee decision is published on the city's website at www.miamigov.com. A courtesy notice containing the decision of the variance review committee 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.

(c)

Designated historic buildings. A variance is authorized to be issued for repair, improvement, or rehabilitation of a historic building that is determined eligible for the exception to the flood-resistant construction requirements of the Florida Building Code, Existing Building, Chapter 12 Historic Buildings, upon a determination that the proposed repair, improvement, or rehabilitation will not preclude the building's continued designation as a historic building and the variance is the minimum necessary to preserve the historic character and design of the building. If the proposed work precludes the building's continued designation as a historic building, a variance shall not be granted and the building and any repair, improvement, and rehabilitation shall be subject to the requirements of the Florida Building Code.

(d)

In passing upon all such applications except those pursuant to subsection (c) herein, the variance review committee 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; and

(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 variance review committee may attach such conditions, limitations, and restrictions to any variance as the variance review committee deems necessary to further the purposes of this chapter.

(f)

Criteria for variances.

(1)

Variances shall only 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 would 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 nuisance, cause fraud on or victimization of the public, or conflict with existing local laws or ordinances.

(g)

Any applicant to whom a variance is granted shall be given written notice specifying:

(1)

That the issuance of a variance to construct a structure below the base flood elevation level will result in increased premium rates for flood insurance up to amounts as big as $25.00 for $100.00 of insurance coverage, and

(2)

Such construction below the base flood elevation level increases risks to life and property.

(h)

The variance review committee shall maintain the records of all variance actions, including justification for their issuance, and report such variances to the Federal Emergency Management Agency.

(i)

Review and appeal. Any person aggrieved by any decision of the variance review committee may appeal to the city manager or their designees within 15 days after the date of the decision complained of, a written notice of appeal which shall set forth concisely the decision appealed from and the reasons or grounds for appeal. The building director is required to schedule the appeal for hearing at the earliest possible date, and cause notice thereof to be served upon the appellant and the variance review committee. The appellant shall have the right to present their position to the city manager or their designees which shall hear and consider all facts material to the appeal. The city manager or their designees pursuant to the criteria set forth in subsection (f), shall either affirm the variance review committee refusal to grant a variance or reverse the refusal and grant the variance. The decision of the city manager or their designees which shall be rendered within 15 days after conclusion of the hearing, shall constitute final administrative review. Any person aggrieved by any decision of the review committee on an appeal shall be entitled to judicial review in accordance with the Florida Rules of Appellate Procedure.

(Ord. No. 14039, § 2, 12-9-21; Ord. No. 14295, § 2, 7-11-24)