Zoning and Land Use in Pinellas County and St. Petersburg
In Pinellas County, Florida a property owner may apply for a variance or special exception with the local government such as St. Petersburg, Clearwater, Pinellas Park, Dunedin or Pinellas County . A variance is quite simply a request by the land owner to allow for a use of the property that otherwise is not permitted by the applicable zoning and land use ordinance or to permit an existing use of the property that is in violation of the ordinance. One example of this would be where a property owner has installed a fence or built a structure on the property without first obtaining the required permits.
A special exception on the other hand is a use that is permissible under the applicable zoning and land use ordinance, but only after the landowner has presented to the appropriate zoning board the required criteria for the allowance of the special use.
Any landowner that is seeking a variance, special exception or other land use request must consider the following before submitting the application to the appropriate board or agency:
- Has the landowner gathered all relevant information that will be required for the application?
- Has the landowner reviewed all of the criteria in the local zoning and land use ordinance and applicable law to determine if the request is appropriate and viable?
- What support will be required to properly prepare and present to application to the governing board? i.e. legal counsel experienced in land use, land planners, traffic engineers, etc.
- Has the landowner and the landowner’s representative met with staff of the of the board or agency for pre-application review and questions?
- Has are your representative met with the adjacent land owners and interested parties to explain the proposed application and to discuss any concerns?
The above are only a few of the many questions that the landowner must consider before proceeding forward. By doing so, the potential for the success of the proposed use and for obtaining approval by the appropriate board or agency will increase.
Please note: This article does not constitute the giving of legal advice is for educational purposes only. If you have any specific questions please feel free to call Brian Battaglia Law at 727-327-4222.
Brian P. Battaglia, Esq., 2429 Central Ave., Ste 211, St. Petersburg, FL 33713
