Applying For A Non-Use Variance – What Is The Process Like?

The process of applying for a non-use variance in the State of Florida can be a bit complex, which is why you should work with professionals that can help you navigate it. However, in addition to working with experts, you should also do your own research ahead of time to try to understand how the process works and what you need to look out for. The fact that you are reading this means you are already doing that. Read on to learn what you need to know about applying for a non-use variance in Florida and why you should let Jurado & Farshchian, P.L. help you do so.

Understanding Non-Use Variances

In Florida, a variance allows the owner of a piece of land to bypass local zoning laws in order to use the land more efficiently. Typically, Florida issues variances under very unusual circumstances, such as when a large stream makes it difficult to continue with construction in compliance with all applicable local zoning laws. There are two types of variances in the State of Florida: use variances, and non-use variances, which is the most requested type, as they can come in handy in cases where unique difficulties make it nearly impossible for property owners to remain in compliance with the requirements of local zoning ordinances.

Applying for a Non-Use Variance

The application process for a non-use variance in Florida depends on the locality; however, it usually begins when the property owner sends a formal request to a zoning enforcement officer, who will then make a decision based upon all applicable local zoning laws. Upon receiving the request, the zoning enforcement officer will use the local zoning laws to 1) determine the requirements necessary for the proposal to be approved, and 2) provide insight on what the property owner can or cannot do on the property. If the zoning officer denies the request, the applicant can appeal to the zoning board of appeals. The board will then evaluate the difficulties the local laws present, which will help them determine whether it is okay to approve the property owner’s request as well as what consequences granting the non-use variance could have.

When applying for a non-use variance, property owners must be able to prove that the local zoning laws are unreasonably preventing them from using their own property efficiently. When reviewing an appeal, the zoning board of appeals may speak with the applicant’s neighbors to get a better understanding of the situation, which can be either great or a big problem – you never know. If the neighbors believe that approving the applicant’s variance could somehow reduce the value of their property, they will likely say no, in which case, you should talk to an experienced real estate attorney to learn what options you have and how to proceed.

Supporting the Non-Use Variance

Before applying for a non-use variance, property owners should make sure to create a record that describes the unusual circumstances surrounding their property as well as the inconvenience resulting from trying to remain in compliance with the applicable zoning rules and regulations. This can give property owners a better chance of getting their non-use variance approved because it helps them prove that the zoning regulations are indeed affecting them. For example, a property owner could show that his or her land has a certain unusual quality – such as a stream, rocks, etc. – that makes it extremely difficult to build a house – or at least a regular-sized one. Providing documentation showing this can be crucial, as the zoning enforcement official will use this evidence to determine whether to grant or deny the property owner a non-use variance.

To obtain a non-use variance, however, property owners must additionally prove that the variance is extremely necessary or that is the only thing that can help them enjoy a reasonable return on their land. In addition, since the purpose of zoning laws is to ensure that certain types of construction projects do not interfere in any way with communities, property owners need to show that the proposed changes to the land will not infringe on their neighbors’ rights in any way.

Talk to an experienced Real Estate Attorney today, call Jurado & Farshchian, P.L. at (305) 921-0440 or schedule a consultation via email: [email protected]. We can help you prevent the local zoning laws from making your life difficult.