If you are planning to build, expand, remodel, or change the use of a property in Florida, understanding the difference between rezoning and a zoning variance is essential.
Property owners often assume that if their proposed project is not allowed under the current zoning regulations, they simply need to request a variance. However, a variance and a rezoning are two very different processes designed to solve different zoning problems.
Knowing which option applies to your property can save you time, avoid unnecessary costs, and help you determine whether your project is realistically feasible before investing in construction plans.
In this guide, we explain rezoning vs. variance, when each may be required, how the processes differ, and what property owners should consider before submitting an application.
What Is Zoning?
Zoning is the system local governments use to regulate how land and buildings can be used within a particular area.
Depending on the zoning district, regulations may control:
- Permitted property uses
- Residential, commercial, or industrial development
- Building setbacks
- Lot coverage
- Building height
- Density
- Parking requirements
- Access and circulation
- Minimum lot size
- Building placement
- Landscaping and buffering
- Other development standards
Before starting a construction or development project, property owners should determine the property's current zoning designation and understand the regulations that apply to it.
Local zoning regulations can also interact with a jurisdiction's comprehensive plan or Future Land Use designation. For example, Orange County, Florida, advises applicants to verify whether the desired zoning district is permitted under the property's Future Land Use designation before requesting a rezoning.
What Is Rezoning?
Rezoning is a process used to change the zoning classification of a property or parcel.
In simple terms, rezoning asks the local government:
"Can this property be placed into a different zoning district so that a different type of development or land use is permitted?"
For example, a property may currently be zoned for residential use, while the owner wants to develop a commercial property. If the desired commercial use is not permitted under the existing zoning district, a rezoning application may be necessary.
Examples of situations that may involve rezoning
A property owner may consider rezoning when they want to:
- Change residential land to commercial use
- Allow a different type of development
- Increase development potential
- Change the permitted use of a property
- Develop a multifamily project where the current zoning does not allow it
- Convert a property to an incompatible use
- Change from one zoning district to another
The exact process varies by jurisdiction.
For example, Orange County's conventional rezoning process includes submitting an application, staff review, public hearings, a recommendation from the Planning and Zoning Commission, and final action by the Board of County Commissioners.
What Is a Zoning Variance?
A zoning variance is generally a request for relief from a specific zoning requirement when strict application of that requirement creates a particular hardship or difficulty associated with the property.
Unlike rezoning, a variance usually does not change the property's underlying zoning district.
Instead, it asks the local government to allow a limited deviation from a specific requirement.
For example, imagine that zoning regulations require a building to be 25 feet from a property line, but unusual characteristics of the lot make compliance with the setback requirement particularly difficult.
Depending on the local regulations and circumstances, the owner may potentially request a setback variance.
Other examples can include requests involving:
- Building setbacks
- Lot coverage
- Building height
- Parking requirements
- Access requirements
- Other dimensional standards
The specific criteria vary significantly between jurisdictions.
For example, Miami-Dade County's rules for area variances consider factors such as whether the variance would negatively affect nearby properties, whether the benefit could be achieved through another method, whether the variance is substantial, and whether it maintains the basic intent of the zoning regulations.
Rezoning vs. Variance: What Is the Difference?
The simplest way to understand the difference is:
Rezoning changes the zoning classification.
A variance provides limited relief from a zoning requirement.
| Rezoning | Zoning Variance |
|---|---|
| Changes the zoning district | Generally keeps the existing zoning |
| Can change permitted land uses | Usually addresses a specific zoning requirement |
| Often involves a larger land-use decision | Usually addresses a specific property condition |
| May involve public hearings | May involve a zoning board or hearing process |
| Can affect development potential | Provides limited relief from regulations |
| Used when the proposed use is not allowed | Used when a particular requirement creates a qualifying hardship/difficulty |
| Does not simply waive a setback | May potentially modify a setback requirement |
Because local zoning codes differ, property owners should verify the applicable rules with the city or county before choosing either process.
Rezoning Example
Imagine you own a property currently zoned for single-family residential use.
You want to develop a small commercial office building, but commercial offices are not permitted under the property's current zoning classification.
A setback variance would not normally solve the fundamental problem because the issue is not the location or dimensions of the proposed building.
The problem is the land use itself.
In this situation, the property owner may need to investigate whether rezoning is appropriate.
The local government would then evaluate the request under its zoning and land-use procedures.
Variance Example
Now consider a different situation.
Suppose the property is correctly zoned for the proposed residential development, but the lot has an unusual configuration.
The zoning code requires a 20-foot side setback, but the property's shape or other qualifying characteristics create a specific difficulty that may justify a limited reduction.
In that situation, the owner may investigate whether a variance is available.
The underlying zoning would remain the same; the request would concern a particular development standard.
However, a variance is not automatically granted simply because a property owner wants to build a larger structure.
Many jurisdictions require specific findings before approving a variance.
When Should You Consider Rezoning?
Rezoning may be worth investigating when the primary problem is that the current zoning does not allow the intended use or development type.
Examples include:
1. Changing the property's primary use
You want to use a residential property for a commercial purpose that is not permitted under the current zoning.
2. Increasing development intensity
Your proposed project may require a zoning district that permits a different density or development intensity.
3. Developing a different type of project
The existing zoning may not allow the type of development you are proposing.
4. Aligning zoning with Future Land Use
In some jurisdictions, zoning and Future Land Use designations must be evaluated together.
This is important because changing the zoning classification may not be enough if the desired zoning is inconsistent with the applicable comprehensive plan or Future Land Use designation.
Orange County, for example, states that if the desired zoning is not permitted by the property's Future Land Use designation, a Future Land Use amendment may also be necessary.
When Should You Consider a Variance?
A variance may be appropriate when your project generally complies with the property's zoning but has a specific issue involving a zoning standard.
Potential examples include:
- Setback conflicts
- Lot configuration issues
- Certain dimensional requirements
- Building placement limitations
- Specific parking or site requirements
However, not every zoning problem qualifies for a variance.
For example, a property owner generally cannot assume that a variance can be used simply because they prefer a larger building or because redesigning the project would be inconvenient.
Some jurisdictions specifically require that the circumstances supporting the variance be related to the property rather than created by the applicant.
Orange County's variance criteria, for example, address special conditions, whether the situation was self-created, whether the request would create a special privilege, whether the variance is the minimum necessary, and whether it is consistent with the purpose and intent of the zoning regulations.
Can You Need Both Rezoning and a Variance?
Yes, depending on the project and local regulations.
A development proposal may require a change in zoning and also require relief from one or more development standards.
For example, a property could potentially need:
- A rezoning to permit the proposed land use; and
- A variance to address a specific setback or dimensional requirement.
However, whether both applications are necessary depends on the local zoning code, the property's characteristics, and the proposed development.
This is why it is important to evaluate the property before preparing a complete set of construction documents.
Rezoning vs. Variance: Which One Is Better?
There is no universally "better" option.
The correct approach depends on the actual zoning issue.
A useful starting point is to ask:
Question 1: Is the proposed use allowed under the current zoning?
If no, investigate rezoning, a special exception, conditional use, or another applicable land-use process.
Question 2: Is the proposed use allowed, but the project does not meet a specific dimensional requirement?
If yes, investigate whether a variance may be available.
Question 3: Is the zoning inconsistent with the Future Land Use designation?
If yes, additional land-use planning considerations may apply.
Question 4: Can the project be redesigned to comply?
Sometimes the best solution is not a zoning application at all.
A different building footprint, orientation, parking configuration, setback, or site layout may allow the project to comply with the existing regulations.
What Information Should You Gather Before Applying?
Before pursuing a rezoning or variance, property owners should gather as much information as possible about the property.
Useful documents and information may include:
- Property address
- Parcel ID
- Current zoning designation
- Future Land Use designation
- Property survey
- Legal description
- Existing site plan
- Existing building plans
- Proposed site plan
- Proposed use
- Building dimensions
- Property setbacks
- Parking information
- Access points
- Existing easements
- Flood zone information
- Environmental constraints
- Applicable HOA restrictions, if any
- Previous zoning approvals
- Existing variances or special exceptions
For example, Orange County lists items such as a legal description, property appraiser map, boundary survey, conceptual development plan, and other documentation among its conventional rezoning submission requirements.
Why a Zoning Feasibility Review Is Important
One of the biggest mistakes property owners can make is beginning detailed architectural or engineering plans before determining whether the proposed project is permitted.
A zoning feasibility review can help identify potential issues early.
The review may evaluate:
- Current zoning
- Future Land Use
- Permitted uses
- Setbacks
- Lot coverage
- Building height
- Density
- Parking
- Access
- Development restrictions
- Potential variance requirements
- Potential rezoning requirements
This preliminary evaluation can help determine whether the project appears feasible before significant money is spent on design and permitting.
Rezoning and Variance Are Not the Same as a Building Permit
It is also important to understand that zoning approval and building permits are separate parts of the development process.
A zoning approval does not necessarily mean that you can immediately begin construction.
After the zoning and land-use requirements are resolved, the project may still need to go through building, engineering, environmental, utility, fire, or other applicable reviews.
For example, Orange County's residential construction process includes zoning review before approved plans move forward to building safety review and permit issuance.
The exact process depends on the jurisdiction and project.
Common Mistakes Property Owners Should Avoid
Mistake 1: Assuming a variance can change the property's use
A variance is generally not a substitute for rezoning when the fundamental issue is that the proposed land use is not permitted.
Mistake 2: Starting construction plans too early
Detailed plans can become expensive if the project later turns out to be incompatible with zoning regulations.
Mistake 3: Looking only at the zoning designation
You should also evaluate Future Land Use, overlays, special districts, easements, setbacks, and other applicable restrictions.
Mistake 4: Assuming another property means yours qualifies
A neighboring property may have different zoning, approvals, historical conditions, or legal circumstances.
Mistake 5: Assuming approval is automatic
Both rezoning and variance requests can require detailed review and, depending on the jurisdiction, public hearings or decisions by appointed or elected bodies.
How Long Does Rezoning or a Variance Take?
There is no single timeline that applies throughout Florida.
The time required can depend on:
- The local jurisdiction
- Application completeness
- Staff review
- Required studies
- Public notice
- Community meetings
- Public hearings
- Planning commission review
- Board or commission decisions
- Required revisions
- Appeals
Rezoning is often more involved than a straightforward zoning variance because it can affect the property's permitted land use and zoning classification.
Property owners should contact the applicable planning or zoning department for the current process, fees, deadlines, and hearing requirements.
How Much Does Rezoning or a Variance Cost?
Costs vary considerably by jurisdiction and project.
Potential expenses may include:
- Application fees
- Survey
- Site plan
- Engineering
- Planning services
- Traffic studies
- Environmental studies
- Legal services
- Public notice
- Professional consulting
- Additional revisions
For this reason, property owners should obtain a preliminary understanding of the requirements before committing to a full development plan.
Rezoning vs. Variance: Quick Decision Guide
Use this simple guide as a starting point:
Your proposed use is not permitted under the current zoning → Investigate rezoning or another land-use approval.
Your proposed use is permitted, but your project cannot meet a specific zoning standard → Investigate whether a variance may be available.
Your zoning and Future Land Use designations do not align → Additional land-use review may be necessary.
You can redesign the project to comply with zoning → A zoning application may not be necessary.
The final determination must be based on the applicable local code and the specific characteristics of the property.
Frequently Asked Questions
What is the difference between rezoning and a variance?
Rezoning generally changes the zoning classification of a property, while a variance provides limited relief from a specific zoning requirement without necessarily changing the underlying zoning.
Is a variance easier than rezoning?
Not necessarily. The two processes address different issues and may have different approval criteria, documentation requirements, hearings, and timelines.
Can a variance change the zoning of a property?
Generally, a variance does not change the underlying zoning district. It provides relief from a specific zoning regulation when the applicable legal criteria are satisfied.
Can I use a variance to build something that is not allowed?
Usually, a variance is not intended to replace a required change in land use or zoning. However, local regulations differ, so the applicable jurisdiction should be consulted.
Do I need a survey for rezoning?
Many jurisdictions require or strongly rely on property and site information during rezoning review. Requirements vary by jurisdiction. Orange County, for example, lists a boundary survey among its conventional rezoning submission requirements.
Can a property need both rezoning and a variance?
Yes. A project may require a zoning change to allow the proposed use and a separate variance to address a specific development standard.
Should I check zoning before designing my project?
Yes. Checking zoning and development requirements early can help identify potential restrictions before substantial money is invested in architectural and engineering plans.
Final Thoughts: Rezoning vs. Variance
Understanding rezoning vs. variance is one of the first steps in evaluating whether a development project is feasible.
The key distinction is simple:
Rezoning addresses the property's zoning classification and permitted land uses.
A variance addresses a specific zoning requirement where the applicable criteria for relief are satisfied.
Before moving forward with a construction, addition, commercial development, or property conversion in Florida, it is important to review the property's zoning, Future Land Use, development standards, and local approval requirements.
A preliminary zoning and site feasibility review can help identify potential issues early and determine what approvals may be necessary for your project.
If you are planning a development project in Florida and are unsure whether you need a rezoning, variance, special exception, or another zoning approval, a professional review of your property and proposed project can help you determine the next step.