Planning and Permitting · South Florida

Zoning & Variance Assistance

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Zoning & Variance Assistance

A building permit confirms a design meets the Florida Building Code; it says nothing about whether the design is even allowed on that lot in the first place. That’s zoning’s job — setbacks, height limits, floor-area ratio, lot coverage, and use — and it’s a completely separate approval track from the building permit itself, governed by whatever zoning code applies to that specific property.

When a design doesn’t fit as-of-right within its zoning envelope, the path forward is a variance — a formal request to deviate from a specific zoning requirement, decided by a public board rather than a plan reviewer. Elbaz manages zoning analysis and, where a variance is genuinely the right path, the application and hearing process that comes with it.

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Zoning districts aren't uniform across the tri-county area.

The City of Miami operates under Miami 21, a form-based zoning code organized around building form and transect zones rather than the more traditional use-based (“Euclidean”) zoning most municipalities in Broward and Palm Beach counties, and unincorporated Miami-Dade itself, still use. Every city inside these three counties layers its own zoning code on top of the county’s, which means the same lot dimensions and design intent can be treated completely differently one city over.

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Administrative adjustment vs. formal variance.

Some jurisdictions offer an administrative adjustment — a smaller, staff-level deviation approval for minor issues that doesn’t require a public hearing — as a faster path than a full variance for genuinely minor situations. A true variance, by contrast, generally goes to a Board of Adjustment, Design Review Board, or Historic Preservation Board depending on the property, and requires a public hearing before that board can approve it.

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Proving hardship that isn't self-created.

To grant a variance, the reviewing board has to find real hardship or practical difficulty tied to the property itself — an oddly shaped lot, unusual topography, or a similar physical constraint — and that hardship generally can’t be one the applicant created, such as purchasing a lot already knowing about the constraint or building first and seeking forgiveness after. Use variances — asking to use a property in a way its zoning district doesn’t allow at all, as opposed to a dimensional deviation — are prohibited outright in most jurisdictions.

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Community notice and the public hearing.

Variance applications typically require formal notice to surrounding property owners and, in some jurisdictions, broader community outreach before the case goes before the board. The applicant then presents the justification at a public hearing where neighbors can support or object. A typical timeframe runs roughly 60 to 120 days start to finish, though a contested hearing with organized neighbor opposition can extend that considerably.

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Materials

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01. Option 1

Zoning district identification and setback/FAR/height/coverage analysis

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02. Option 2

Determination of administrative adjustment vs. formal variance eligibility

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03. Option 3

Hardship justification statement preparation

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04. Option 4

Public notice and community outreach coordination

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05. Option 5

Hearing preparation and board presentation

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06. Option 6

Follow-through on any conditions attached to approval

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What Drives The Cost

  • Administrative vs. formal variance path — A full board hearing requires substantially more preparation than a staff-level adjustment.
  • Number of distinct variances needed — Setback, height, FAR, and parking variances may each require separate findings.
  • Whether the hearing is contested — Organized neighbor opposition extends the process and preparation needed.
  • Jurisdiction-specific application and hearing fees — Every municipality sets its own.
  • Need for supporting studies — Survey work, drainage, or traffic studies may be required to support the application.
  • Requested timeline compression — Trying to accelerate notice periods or hearing scheduling adds coordination effort.

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Our Process

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01. Zoning Analysis & Feasibility Review

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02. Determine Administrative Adjustment vs. Formal Variance Path

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03. Application & Justification Statement Preparation

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04. Community Notice & Hearing Preparation

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05. Board Hearing & Approval Follow-Through

We confirm the applicable zoning district and identify exactly which requirements the design does or doesn’t meet as-of-right.

We identify whether the deviation qualifies for a faster administrative path or requires a full board hearing.

We prepare the formal application, including the hardship justification the board will evaluate.

We manage required notice to neighboring property owners and prepare the case for presentation.

We present at the hearing and manage any conditions attached to approval before the project moves back into the building permit process.

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Recent Planning and Permitting Work

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Zoning & Variance Assistance Questions, Answered

1 What's the difference between a zoning variance and a building permit?

Zoning governs what can be built on a lot — setbacks, height, use, coverage — decided by a public board when a variance is needed. A building permit governs whether what's being built is constructed safely and to code, reviewed by the building department. Both can be required on the same project.

2 Can I get a variance just because I don't like my setback requirement?

No — a variance requires the board to find genuine hardship tied to the property itself, like an unusual lot shape, not simply that a standard setback is inconvenient for the design someone wants.

3 How long does a variance actually take to get approved?

Roughly 60 to 120 days is typical for an uncontested application, factoring in notice periods and hearing scheduling, though a contested case with neighbor objections can take meaningfully longer.

4 Do I have to notify my neighbors if I apply for a variance?

In most jurisdictions, yes — formal notice to surrounding property owners is a standard part of the variance process before the public hearing, and some jurisdictions require broader outreach as well.

5 What's the difference between an administrative adjustment and a full variance?

An administrative adjustment is a smaller, staff-level approval for minor deviations that doesn't require a public hearing; a full variance requires a hearing before a board like the Board of Adjustment and a formal finding of hardship.

6 Can I start construction while my variance application is pending?

No — the building permit generally can't be finalized until the zoning issue is resolved, since the design has to conform to zoning requirements (as granted by the variance, if approved) before construction documents clear plan review.

7 What happens if the board denies my variance?

The design generally has to be revised to fit as-of-right zoning requirements, though in some cases a revised, less aggressive variance request can be resubmitted, and in rarer cases a denial can be appealed.

8 Is a use variance something I can apply for?

Most jurisdictions in the tri-county area prohibit use variances outright — a variance can adjust dimensional requirements like setbacks or height, but it generally can't authorize a use the zoning district doesn't already allow.

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