A variance allows a property owner to request that an accommodation be made to reconcile the requirements of the Land Development Code with a proposed project. Variance requests usually involve building dimensional standards (setbacks, height requirements, etc).
It takes approximately six weeks to process a variance request. The process is followed by a 10-day appeal period, after which time a variance can be issued as per the action of the Board of Adjustment and/or City Commission. Learn more about the variance process.
When can a property owner apply for a variance?
Not all situations are eligible to be considered for a variance from the Land Development Code.
The request must demonstrate a "physical hardship." This means that the requirements and limitations of the zoning ordinance create a hardship for the owner's particular piece of property, as compared to other properties in the neighborhood. A physical hardship is not a financial hardship, nor is a situation considered to be a hardship if it is the product of proposed or past action of an owner.
The Board of Adjustment will not grant a variance if the request involves or creates a building, facility or service that is dangerous or detrimental to the public welfare or to persons residing or working in the vicinity. Furthermore, the Board of Adjustment may impose conditions of approval for a variance to ensure conformity with the intent of the Land Development Code and zoning district. Learn more about the criterial for approval.