Sometimes, the rules just don’t work.

Whether it’s a setback that doesn’t leave enough buildable space, a lot that doesn’t meet current code, or a project that’s otherwise reasonable but technically out of bounds—property owners and developers often find themselves facing zoning regulations that don’t quite fit the facts on the ground.

That’s where variances and exceptions come in.

What Is a Variance?

A variance is official permission to deviate from a zoning requirement when strict enforcement would create a hardship. Common examples include:

· Reducing required setbacks

· Allowing a taller fence or wall than the code permits

· Building on a nonconforming lot size

· Parking or access modifications

Importantly, a variance doesn’t change the zoning itself—it simply allows a specific exception to a particular rule in a specific situation.

What About Conditional Uses or Special Exceptions?

In some zoning districts, certain uses aren’t allowed by right—but may be permitted under certain conditions. These are often called special exceptions or conditional uses and require a separate approval process.

For example, a home-based daycare, church, or guest house may require special approval in a residential area even though the base zoning is not strictly commercial.

Unlike a variance, which relates to dimensional standards (height, width, setbacks), a special exception is about the type of use and whether it fits within the character of the area.

What Do I Have to Prove?

To be granted a variance or special exception, you typically must go before a local board—like a Board of Adjustment or Zoning Board—and present your case. You may need to show:

· That strict application of the code creates a unique hardship

· That the request is the minimum relief necessary

· That granting the variance will not harm the public interest or alter the character of the neighborhood

· That the hardship is not self-created

Each jurisdiction has its own criteria, and it’s essential to prepare accordingly with strong evidence, documentation, and in some cases, expert testimony.

What Happens If I’m Denied?

If your request is denied, you may have options for reconsideration, appeal to a higher board, or judicial review through the court system. But timing is crucial—Florida law imposes short deadlines (often 30 days or less) to challenge land use decisions.

The earlier you seek legal advice, the better your chances of protecting your investment and avoiding costly delays.

Why Legal Guidance Matters

Variance and exception hearings are quasi-judicial in nature, meaning they follow certain legal procedures and require careful presentation of evidence. Mistakes in the process can result in denial—or worse, approval that’s later challenged.

At Meredith Bush Law, we help clients evaluate their options, prepare strong applications, and advocate effectively before boards and agencies. We also assist in appealing adverse decisions or defending approvals if challenged.

If the rules don’t quite fit your property—don’t give up.

Let’s talk through your options and create a path forward. Contact us today to schedule a consultation.