How do I request a variance?
File under LDC 155.301(O). You must show special circumstances peculiar to the land or building that create an unnecessary hardship under strict application of the LDC, that the hardship is not self-created or the result of disregarding the code, and that granting the variance will not harm adjacent property owners or conflict with public policy. Use variances (asking for a use the district does not allow) are prohibited; every property is otherwise eligible to seek dimensional relief. If you own a single-family home, your variance is heard and decided by the Board of Adjustment. If the property is multi-family or non-residential, the Planning and Zoning Board hears and decides it instead (LDC 155.303(C)-(D)). The hearing is quasi-judicial: testimony is sworn, parties may cross-examine witnesses, and the decision must rest on substantial competent evidence in the record (LDC 155.304). A denied or contested decision can be appealed to the City Commission. Contact Planning and Economic Development at 954-450-1060 to start an application.
Sources
Full text: Pembroke Pines ordinance on City-hosted PDF (Calvin, Giordano & Associates drafting platform; American Legal Publishing code library not yet current). Applies to districts: R-1A, C-1.
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