Variance

A Board of Adjustment and Appeals (BOAA) variance request is for single-family and duplex dwelling units and variances to chapter 7, sign code, or as further set forth in the TLDC. A variance is defined as a relaxation of the strict terms of this Code or regulation in cases involving practical difficulties or hardships and where such variance meets the criteria outlined in Sec. 2-158, TLDC. Interested persons are either encouraged to review the noted criteria or to call the Growth Management Department’s zoning staff to determine if their site may be eligible for a BOAA Variance. The Growth Management Department can be reached at (850) 891-7001, option 4.

Submittal Requirements

The deadline for filing a BOAA Variance application can be found here. The documents listed below will constitute a complete application. All documents should be submitted in electronic PDF form using the Standard Naming Conventions

• Completed Owner's Affidavit (with notary signature)
• Project Narrative
• Signed & Sealed Boundary Survey (with digital surveyor signature or original hardcopy stamped “verified original” by Growth Management staff)
• A site plan showing project causing the variance request. Site plan shall be drawn to an appropriate engineer's scale
• For sign variances: Dimensioned drawings/renderings of the sign and Building elevations, if applicable
• Variance Acknowledgement Form
• Pictures of the site and the area of the variance request
• Additional relevant information which is deemed to be appropriate by the City to ensure consideration of all relevant issues

Once these items are received, a sign must be posted on the property to constitute a substantially complete application. Once an application is received, and intake staff has reviewed that all required documents have been submitted, a sign document file, sign specifications, and sign posting affidavit will be sent via email, to the applicant, with detailed instructions so that the Legal Notification requirement task can be completed. To complete the application submittal requirements, the applicant must upload a completed sign posting affidavit and two pictures of the posted sign. The deadline for completing all application submittal requirements is 10:00am on a BOAA submittal day. The sign posting submittal requirements are due at 4:00pm the following business day.

Apply for BOAA Variance Application Review

Review

BOAA Variance applications are submitted to the Growth Management Department. Upon being determined complete, they are forwarded to the Board of Adjustment and Appeals for a public hearing. The public hearing must meet the noticing requirements in Sec. 2-164. TLDC. The types of projects which are eligible for a BOAA Variance are identified by Sec. 2-158, TLDC. See the Variance Acknowledgement Form for the eligibility criteria for a Variance.

Approval

The BOAA holds monthly public hearings to consider variance applications. The meeting schedule can be found online. Consistent with Sec. 2-161, TLDC, "Every decision of the board of adjustment and appeals shall be final; subject, however, to such remedies as any aggrieved party might have at law or in equity. The decision shall be in writing and shall indicate the vote taken on the matter." The deadline for filing an application with the BOAA is generally 30 days prior to the meeting. Therefore, the review time frame is also 30 calendar days.

Appeals

Per Sec. 2-164(b), TLDC, the preliminary decision of the Board of Adjustment and Appeals shall become final 30 calendar days after it is rendered unless a person who qualifies as a party, as defined in section 1-2 pays the required fee and files a petition for quasi-judicial proceedings in accordance with this section and the board of adjustment and appeals bylaws. For additional information regarding the appeals process of a decision by the Board of Adjustment and Appeals, please contact the Growth Management Department at (850) 891-7001, option 4.