§ 39-42. Conditions, limitations, and notice to the Board of County Commissioners.  


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  • (a)

    In authorizing any variance, the hearing officer may prescribe reasonable conditions and limitations in conformity with the code and applicable laws. A violation of any condition or limitation, when made a part of the terms under which the variance is authorized, shall be cause for termination of the variance. A hearing to show cause for termination of a variance shall be subject to the notice requirements of this article.

    (b)

    In rendering a decision on any appeal from an administrative decision, the hearing officer may modify or reverse any interpretation of the zoning official. A violation of any modification, when made a part of the findings, shall be considered a violation of the section of the Code that was the subject of the appeal, and shall be subject to enforcement pursuant to Section 39-10 and Chapter 8½ of the Broward County Code of Ordinances.

    (c)

    Within seven (7) days after the final finding and determination on any variance or appeal of an administrative decision, the Director of the Division shall forward a copy of any order authorizing or denying a variance or any decision approving, modifying, or reversing any decision or determination of the zoning official, consistent with the notice provisions of Section 39-38, to each member of the Board of County Commissioners, the County Administrator, surrounding property owners, mayors, city managers, unincorporated area neighborhood or civic associations, condominium and homeowners' associations, and persons who signed up to receive email notifications, and to any interested person who was present at the hearing below and who requested a copy of the hearing officer's order. The email notifications provided under this part pursuant to Section 39-38(b)(1)c. are courtesy notifications only and shall not affect the validity of any action taken relative to a variance or appeal of an administrative decision, and failure to receive such notification shall not give rise to a cause of action challenging the hearing officer's order.

(Ord. No. 1998-09, § 2, 4-28-98; Ord. No. 2001-14, § 4, 5-8-01; Ord. No. 2002-12, § 6, 4-9-02; Ord. No. 2005-17, § 5, 6-28-05; Ord. No. 2013-04, § 2, 2-12-13; Ord. No. 2018-41 , § 3, 9-25-18)