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Board of Zoning Adjustment (BZA)

Variances and Special Exceptions

Committee Purpose

The Board of Zoning Adjustment (BZA) consists of seven (7) board members who are appointed by each District Commissioner and an at-large member appointed by the Mayor. The BZA makes recommendations to the Board of County Commissioners (BCC) on Variances, Special Exceptions, and Appeals of the Zoning Manager’s Determination.

Submittal Dates

Board of Zoning Adjustment Public Hearing Schedule*

Pre-App Meeting
Deadline
Application Deadline
Wednesday at 3PM
BZA Hearing Date
BCC Chambers
Appeal Deadline
Friday at 3PM
BCC Hearing Date
BZA
Recommendations
September 14, 2022 November 3, 2022 November 18, 2022 November 29, 2022
October 12, 2022 December 1, 2022 December 16, 2022 January 10, 2023
November 9, 2022 January 5, 2023 January 20, 2023 January 24, 2023
December 7, 2022 February 2, 2023 February 17, 2023 February 21, 2023
January 11, 2023 March 2, 2023 March 17, 2023 March 21, 2023
January 25, 2023 February 8, 2023 April 6, 2023 April 21, 2023 May 2, 2023
February 22, 2023 March 8, 2023 May 4, 2023 May 19, 2023 May 23, 2023
March 29, 2023 April 12, 2023 June 1, 20232 June 16, 2023 June 20, 2023
April 26, 2023 May 10, 2023 July 6, 2023 July 21, 2023 July 25, 2023
May 24, 2023 June 7, 2023 August 3, 2023 August 18, 2023 August 22, 2023
June 28, 2023 July 12, 2023 September 7, 2023 September 22, 2023 September 26, 2023
July 26, 2023 August 9, 2023 October 5, 2023 October 20, 2023 October 24, 2023
August 30, 2023 September 13, 2023 November 2, 2023 November 17, 2023 November 28, 2023
September 27, 2023 October 11, 2023 December 7, 2023 December 26, 2023 January 9, 2024

Important: Due to legal deadlines there are no exceptions to these deadline dates. It is highly advisable not to wait until the filing deadline date listed below to submit your application as revisions to your application may be required. If revisions are required, your application will be postponed to the following month. Please note: Starting January 1, 2023, a Pre-App. Meeting with staff is required at least two weeks before the application deadline date.

Meetings / Meeting Results

Board of Zoning Adjustment meeting results are attached to original meeting notices in the County Calendar. BZA meeting minutes may also be viewed by visiting the Advisory Boards page.

Variances

Variances are required if you need to depart from the provisions of the zoning ordinance. Variances relate to setbacks, lot size and frontage requirements, but do not involve the actual use or structure. (Use Variances are prohibited.) You must demonstrate the hardship is unique to your property and not to other properties in the same zoning district. Each Variance must meet the criteria listed below.

Variance Criteria | PDF

Special conditions and circumstances exist that are peculiar to the land, structure, or building involved and that are not applicable to other lands, structures or buildings in the same zoning district. Zoning violations or nonconformities on neighboring properties shall not constitute grounds for approval of a proposed zoning variance.

The special conditions and circumstances do not result from the actions of the applicant. A self-created or self-imposed hardship shall not justify a zoning variance (i.e., when the applicant himself by his own conduct creates the hardship that he alleges to exist, he is not entitled to relief).

The special conditions and circumstances do not result from the actions of the applicant. A self-created or self-imposed hardship shall not justify a zoning variance (i.e., when the applicant himself by his own conduct creates the hardship that he alleges to exist, he is not entitled to relief).

Literal interpretation of the provisions contained in this Chapter would deprive the applicant of rights commonly enjoyed by other properties in the same zoning district under the terms of this Chapter and would put unnecessary and undue hardship on the applicant. Financial loss or business competition or purchase of property with intent to develop in violation of the restrictions of this Chapter shall not constitute grounds for approval or objection.

The zoning variance approved is the minimum variance that will make possible the reasonable use of the land, building or structure.

Approval of the zoning variance will be in harmony with the purpose and intent of the Zoning Regulations and such zoning variance will not be injurious to the neighborhood or otherwise detrimental to the public welfare.

Special Exceptions

The County Code includes some uses that would be allowed only by special exception. Applications for special exceptions follow the same process as variances — the request is heard by BZA, which makes a recommendation to the BCC for final approval. In making its decision, the BZA will determine whether the requested use is deemed compatible with the surrounding area and uses. Restrictions and conditions may be imposed by the BZA as part of its recommendation. Each special exception must meet the criteria shown below.

Special Exception Criteria | PDF

Discuss consistency with pertinent Comprehensive Plan goals, objectives and policies.

Discuss how the proposed use will be similar and compatible with the surrounding area.

Discuss the proposed use and how it will not negatively impact the surrounding area.

Discuss how the proposed meets the performance standards of the district.

Discuss how the proposed activities on the property that would not generate noise, vibration, dust, odor, glare, or heat that is not similar to majority of uses permitted in the zoning district.

Discuss how the proposed use will be consistent with the Landscape Code and required landscape buffers, if applicable.

Contact Us

Zoning Division

E-mail: BZA@ocfl.net
Phone: 407-836-3111

To check on the status of an application, please visit Orange County Fast Track Zoning Review.