Zoning Variance
Definition:
A Zoning Variance is a special permission granted by a local zoning authority that allows a property owner to deviate from the strict requirements of a zoning ordinance. It provides relief when strict enforcement of zoning laws would cause undue hardship or practical difficulties due to unique property conditions. Variances are exceptions, not changes to the law, and are granted on a case-by-case basis to maintain fairness while preserving the intent of zoning regulations.
Zoning Variance Information
A **Zoning Variance** serves as a legal mechanism to address situations where a property’s physical characteristics—such as shape, size, or topography—make compliance with zoning requirements impractical. There are generally two types of variances: **use variances** (allowing a land use otherwise prohibited in a zone) and **area variances** (allowing deviations from dimensional requirements like setbacks or height limits). Variances are only approved if the applicant demonstrates that the hardship is unique to the property and not self-created. Public notice and hearings are typically required, allowing neighboring property owners to express support or opposition. Granting a variance balances individual property rights with the broader goals of community planning and zoning consistency.
Florida Legal Definition
In **Florida**, zoning variances are governed by **local zoning ordinances** and guided by the **Community Planning Act (Florida Statutes Chapter 163)**. County and municipal **Boards of Zoning Adjustment (BZA)** or **Planning and Zoning Boards** have the authority to grant variances when strict enforcement of zoning codes would create unnecessary hardship. Florida law requires applicants to prove specific criteria—such as unique property conditions, lack of self-created hardship, and consistency with the public interest—before a variance can be approved. Decisions must be supported by competent, substantial evidence, and affected parties may appeal the decision to the circuit court through a **petition for writ of certiorari**. This legal framework ensures variances are granted fairly and in accordance with due process.
How It’s Used in Practice
In practice, **Zoning Variances** are common in both residential and commercial development projects across Florida. For instance, a homeowner may request a variance to build a pool closer to the property line than zoning laws allow, or a developer might seek relief from height restrictions due to irregular land elevation. The applicant must submit a detailed application explaining the hardship and attend a public hearing before the zoning board. If approved, the variance permits construction or land use inconsistent with the existing code but consistent with the neighborhood’s character. Zoning professionals and attorneys often assist applicants in preparing documentation and ensuring compliance with Florida’s procedural requirements.
Key Takeaways
- A **Zoning Variance** allows a property owner to deviate from zoning requirements under specific hardship conditions.
- Two main types exist: **use variances** and **area (dimensional) variances**.
- In **Florida**, variances are governed by **Chapter 163, Florida Statutes**, and local zoning ordinances.
- Applicants must show a legitimate hardship not caused by their own actions and consistent with public welfare.
- Variances are granted by local zoning boards through a formal application and public hearing process.
Disclaimer: The information and opinions provided are for general educational, informational or entertainment purposes only and should not be construed as legal advice or a substitute for consultation with a qualified attorney. Any information that you read does not create an attorney–client relationship with Barnes Walker, Goethe, Perron, Shea & Johnson, PLLC, or any of its attorneys. Because laws, regulations, and court interpretations may change over time, the definitions and explanations provided here may not reflect the most current legal standards. The application of law varies depending on your particular facts and jurisdiction. For advice regarding your specific situation, please contact one of our Florida attorneys for personalized guidance.
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