1 questions

Zoning & Planning

A Florida owner whose lot is too narrow to meet the setback required by the zoning code would seek:

  • a.A special exception from the local board of adjustment
  • b.A rezoning of the parcel by the governing body
  • c.A variance from the local board of adjustment✓
  • d.A nonconforming use ruling from the building official

A variance is relief from a dimensional requirement such as a setback, lot width, or height limit, granted where strict application would impose an unnecessary hardship arising from the physical characteristics of the parcel rather than from the owner's own choices. A special exception, sometimes called a conditional use, authorizes a use the code already contemplates in that district subject to stated conditions, so it addresses use rather than dimensions. Rezoning changes the district classification itself and is a legislative act of the governing body. A nonconforming use is a lawful use predating the ordinance, not a form of relief an owner applies for.

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