Obtaining a Zoning Variance in Florida – What Steps Do I Need to Take?

Are you considering obtaining a zoning variance in Florida? If the answer is yes, then there are some things you need to know. First, you need to make sure you understand what a zoning variance is exactly and how it works to determine whether it can help you. Simply put, a zoning variance provides relief from zoning laws in cases where it is unusually difficult for a property owner to remain compliant. Variances essentially allow property owners to disregard specific zoning rules as long as they can prove that it is virtually impossible to comply with them due to unique circumstances. If, for example, you are considering a construction project but determine that starting that project would violate certain local zoning ordinances due to the fact that there is an unusual difficulty, such as a large stream or rocks, a variance could help you. Variance applications also include things such as relief from building height, parking, landscaping requirements, and setback.

However, there is more than one type of variance available. If you are considering obtaining a zoning variance in Florida, you must first determine which type of variance you need. The two main types of zoning variances available in Florida are 1) use variances and 2) non-use variances. The latter being the most common.

Use Variances

Use variances grant property owners permission to do things that are not allowed in the zoning region in which their property is located, such as building an office building in a residential neighborhood. In other words, use variances come in handy when the property’s intended use violates the local zoning ordinances.

Non-use Variances

A non-use variance allows a property owner to bypass specific local zoning requirements that create a "practical difficulty.” However, when it comes to non-use variance applications, there are certain standards requiring applicants to prove that a "practical difficulty" that is unique to the applicant’s property – not the applicant – does indeed exist.

Obtaining a Zoning Variance in Florida

The process of obtaining a zoning variance in Florida begins when you submit your application to the Zoning Board of Appeals along with all the necessary documentation and pay the application fee, which is set at $250. Once the Board of Appeals receives the application, a meeting will take place, during which the board will consider your request. The second step of the application process involves the Planning Department. At this point, you may be required to attend a hearing before the final decision regarding your application is made. All nearby property owners will be able to attend the hearing, and they might ask questions about your request, so you should be prepared to answer them. The Planning Department will publish a notice of the hearing in a local newspaper send a notice to all inhabitants or owners of homes that are located within 300 feet of your property. Once the Zoning Board of Appeals makes a decision regarding your request, they will send you a copy of that decision via mail. This decision will be final; however, you will be able to appeal to the Circuit Court.

Zoning variances can provide many possibilities for your property; however, they can also lead to many stressful problems. To learn more about your options as well as how to avoid problems when applying for a zoning variance in the State of Florida, consider consulting an experienced real estate attorney. Call Jurado & Farshchian, P.L. today at (305) 921-0440 or schedule a consultation with one of our skilled real estate attorneys via email: [email protected].