What Is a Zoning Variance?
A zoning variance is permission from the local government to deviate from a specific zoning requirement — for example, to build closer to a property line than the setback allows, or to exceed a height or lot-coverage limit. It is a targeted exception granted for a particular property, not a change to the zoning code itself.
What a Property Owner Must Show
Variances are granted sparingly. In Florida, an applicant generally must demonstrate a genuine hardship — that strict application of the zoning rule would deprive the owner of reasonable use of the land due to unique characteristics of the property (such as an unusual shape, size, or topography), not a hardship the owner created, and that the variance will not harm the surrounding area or the public interest.
The Variance Process
- The owner applies to the local zoning board or board of adjustment
- A public hearing is held, where neighbors may support or object
- The board grants or denies based on the hardship and impact standards
- A decision can often be reviewed by certiorari in circuit court
Related Terms
- Zoning — The rules a variance excepts
- Zoning Setback — A common subject of variances
- Writ of Certiorari — How a denial may be reviewed
Barnes Walker Real Estate
Barnes Walker's real estate attorneys handle Florida variance applications, land-use hearings, and appeals for owners and developers. Request a legal inquiry for assistance.
Reviewed by the attorneys at Barnes Walker, Goethe, Shea & Robinson, PLLC