§ 39-359.6. Permits and variances.

(a)

Permit:

(1)

Any person desiring to replace, rebuild, alter, change or repair any structure or desiring to replant, replace or allow to grow higher, any tree or other growth of natural vegetation, which tree, growth or structure was in existence and in violation of the regulations and limitations herein adopted on the effective date of this Article, shall apply to EPD for a permit. If the application is for a permit to replant or replace a tree, the applicant shall also comply with any pertinent provisions of the Broward County Natural Resource Protection Code.

(2)

No permit shall be granted that would allow the establishment or creation of an airport hazard or permit a nonconforming structure, tree, or other growth of natural vegetation or use to be made or become higher or become a greater hazard to air navigation than it was on the effective date of this Article.

(3)

Whenever EPD determines that a nonconforming use or nonconforming structure or tree has been abandoned or is more than eighty (80%) percent torn down, destroyed, deteriorated or decayed, no permit shall be granted that would allow said structure or tree to exceed the applicable height limit or otherwise deviate from the regulations adopted hereunder; and, whether application is made for a permit under this subsection or not, EPD may, by appropriate action, compel the owner of the nonconforming structure or tree, at his or her own expense, to lower, remove, reconstruct or equip such objects as may be necessary to conform to the regulations. If the owner of the nonconforming structure or tree shall neglect or refuse to comply with such order for ten (10) days after notice thereof, Broward County may proceed to have the object so lowered, removed, reconstructed or equipped, and assess the cost and expense thereof upon the object or the land whereon it is or was located; and, unless such costs are paid within ninety (90) days from the service of notice thereof on the owner of such object or land, or his or agent, the sum shall become a lien on said land and shall bear interest thereafter at the rate of 6 percent per annum until paid. The County shall file a claim of lien in the public records of Broward County stating and itemizing the costs incurred by the county and the location of the property upon which the county performed the work. The claim of lien shall be sworn to by such agent or employee of the county as may be authorized by the Board of County Commissioners to file said claim of lien. Said claim of lien shall be recorded in the public records at no charge. The recordation of the claim of lien and the lien secured thereby shall have the same effect as a mortgage lien and shall be enforceable by the same procedure as a mortgage in the State of Florida. The lien shall be effective for a period of twenty (20) years.

(4)

Except as provided herein, applications for permits shall be granted, provided the matter applied for meets the provisions of this Article and the regulations adopted and in force hereunder.

(b)

Variances:

(1)

Any person may apply to Broward County for a variance from the regulations contained in this article.

(2)

In its consideration of the request for a variance pursuant to this Article, the board may grant a variance when a literal application of enforcement of the regulations would result in practical difficulty or unnecessary hardship and the relief granted would not be contrary to the public interest but would do substantial justice and be in accordance with the spirit of this Article. The board may grant a variance subject to reasonable conditions necessary to effectuate the purpose of this Article.

(3)

Pursuant to Section 39-37, no application for variance from the requirements of this article may be considered by Broward County unless a copy of the application has been furnished to the Department and the Broward County Aviation Department.

(c)

Hazard Marking and Lighting: Any permit or variance granted pursuant hereto shall require the owner to mark and light the structure in accordance with FAA Advisory circular 70-7460-1H, or subsequent revisions. Any permit issued pursuant hereto may be conditioned so as to permit Broward County, at its own expense, to install, operate and maintain such markers and lights as may be necessary to indicate to pilots the presence of an airspace hazard if special conditions so warrant.

(Ord. No. 2001-19, § 2, 5-22-01; Ord. No. 2005-11, § 9, 5-24-05; Ord. No. 2013-04, § 2, 2-12-13)