Setback Variances
Setback variance: permission to build closer than code allows. One-time exception, not rezoning. Requires: unique hardship (not self-created), prevents reasonable use, no harm to neighbors, minimum necessary. Process: pre-application, application + site plan, staff review, public notice, hearing, board decision. Quasi-judicial: evidence-based. Appeal: circuit court certiorari. Court reviews: evidence, procedures, and reasonableness.
Requirements
- Unique property hardship
- Not self-created
- Minimum necessary relief
Process
- Application, site plan, notice
- Public hearing before board
- Approve, condition, or deny
Appeal
- Circuit court certiorari
- Review: evidence, procedures
- Not arbitrary or unreasonable
Related Terms
- Variance — Zoning exception
Barnes Walker Land Use
Barnes Walker’s attorneys obtain setback variances in Florida. Request a legal inquiry for assistance.
Florida Law Reference
Fla. Stat. Ch. 163, Part II (Community Planning Act)
Requires local governments to adopt comprehensive plans and land development regulations governing zoning, density, and permitted land uses.
Reviewed by the attorneys at Barnes Walker, Goethe, Shea & Robinson, PLLC