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    Variances

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    Zoning Administration

    • Benny Beckham
    • Administrator
    • County Annex Building
    • 1st Floor
    • 10 SW 2nd Avenue
    • Gainesville, Fl 32601
    • Phone: 352-374-5243
    • Fax: 352-491-4510
    • Hours: 8:30-4:00 pm
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    # Contact UsClick me

    The County allows variances to certain requirements of the Land Development Code (ULDC), where special conditions applicable to a piece of property make strict enforcement of the code impractical, resulting in a hardship. Variances allow the reasonable use of a property, provided the use is in the best public interest and does not jeopardize the general health, safety, or welfare of County residents.

    The Board of Adjustment

    The Board of Adjustment is a five member citizen body appointed by the County Commission that hears all requests for variances.

    The Board meets on a monthly basis to review variance applications. They have the authority to approve, approve with conditions, or deny an applicants request for one of the following:

    • Variances from the dimensional requirements of any zoning district, excluding the PD district.
    • Personal hardship variances for a secondary living unit in the A or R-1c districts
    • Variances to the public road frontage requirements for the first split of a parent parcel or for family homestead exceptions.
    • Family Homestead Exceptions & Transfer of certificates
    • Variances and appeals from the Airport Impact Zoning Regulations

    Zoning District Variances

    #Minimum yard/setback requirements;
    #Lot width or lot depth;
    #Maximum height or building coverage;

    See Chapter 402, Article 26 of the Land Development Code (ULDC) for more detailed information about the variance types and their requirements.

    Personal Hardship Variances

    In hardship cases, such as an aged or infirm family member, an accessory living unit may be allowed in an A or R-1c zoning district subject to the following requirements:

    #The unit must be a mobile home, manufactured home, or attached to principal residence;

    #The property cannot be subdivided into two separate lots;

    #Conditions can be placed on the unit to require its removal at the termination of the hardship or to require recertification of need over time. Design criteria may also be placed on the secondary unit to integrate it with the existing residence;

    Road Frontage Variances

    Variances to the public road frontage requirement in Section 407.73(f)1 of the ULDC may be permitted for the first split of a parent parcel or for a family homestead exception under the following conditions:

    #Applicant must provide proof of access to a county maintained public road;

    #Applicant must demonstrate that a hardship exists;

    #Private road must meet minimum width, stabilization and maintenance requirements of the Public Works Department;

    Family Homestead Exceptions

    Some Family Homestead Exceptions can be approved administratively, but if an applicant does not show a residual lot of at least five acres, the application must be reviewed by the Board of Adjustment in accordance with the requirements of Chapter 402, Article 23 of the ULDC.

    Any request to transfer a family homestead exception certificate to an individual not meeting the definition of an immediate family member provided in Section 402.143 of the ULDC must be reviewed by the Board of Adjustment.

    Airport Impact Regulations

    The Board of Adjustment has two duties pertaining to the Airport Impact Regulations in Chapter 405, Article 7 of the ULDC:

    #Granting variances from the requirements under Fl. Statutes s.333.07(2)

    #Hearing and deciding appeals from any order, requirement, decision, or determination made in the enforcement of the ULDC, as provided in Fl. Statutes s.333.08

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