Variance Information
A **Variance** serves as an exception to zoning rules, allowing flexibility in how a property can be used or developed. There are generally two types of variances: **use variances**, which permit a land use otherwise prohibited in a zone, and **area variances**, which allow deviations from physical or dimensional requirements like setbacks, height limits, or lot coverage. To obtain a variance, property owners must apply to the local zoning board and demonstrate a legitimate hardship that is not self-created. Public notice and hearings are often required, and the decision is based on whether the variance aligns with the comprehensive land-use plan. Variances help balance individual property rights with community planning goals.
Florida Legal Definition
Under **Florida land-use and zoning law**, a **Variance** is defined as an administrative exception to the literal enforcement of zoning ordinances, granted when strict compliance would result in unnecessary hardship. Florida Statutes and local zoning codes, such as those authorized by **Chapter 163, Florida Statutes (Community Planning Act)**, govern the process. To qualify, the applicant must show that the hardship is unique to the property, not self-imposed, and that granting the variance will not be contrary to the public interest. Local zoning boards or commissions evaluate applications and issue variances through a public hearing process, subject to judicial review if challenged.
How It’s Used in Practice
In practice, **Variances** are frequently requested in Florida for residential and commercial developments that do not fully comply with zoning regulations. For example, a homeowner may seek a variance to build closer to a property line due to the shape or size of their lot. Developers might apply for variances to adjust parking, signage, or height requirements in a project. Local boards carefully review each application to ensure the variance is justified and consistent with the area’s zoning plan. Legal counsel often assists applicants in preparing documentation and presenting evidence to zoning authorities. If approved, the variance allows construction or use that would otherwise be prohibited under existing zoning laws.
Key Takeaways
- A **Variance** allows property use or development that deviates from local zoning regulations.
- Two main types exist: use variances and area variances.
- In Florida, variances are governed under Chapter 163, Florida Statutes, and local zoning ordinances.
- Applicants must prove a unique, non–self-created hardship and no harm to public interest.
- Commonly used for lot size, setback, height, or land-use flexibility in real estate development.
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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