Appeals, Conditional Use Permits & Variances

About

Appeals are heard and decided by the Board of Adjustment and Appeal where it is alleged there is an error in the decision or interpretation of the zoning administrator in the enforcement of the Land Development Code.

Conditional Use Permits are granted by the Board of Adjustment and Appeal (BAA) for those uses that are generally compatible with the land uses permitted by right in a zoning district but that require individual review of their location, design, and configuration, and the imposition of conditions or mitigations in order to ensure the appropriateness of the use at a particular location within a given zoning district.

Conditional Use Permits must also be approved to operate a Bed and Breakfast within any multi-family (MF) zoning district. This includes:

  • MF-7.5 Multifamily Residential
  • MF-10 Multifamily Residential
  • MF-12.5 Multifamily Residential
  • MF-15 Multifamily Residential

A complete list of rules and regulations are found in Sec. 103-14.8 of City code.

Variance is an exception granted by the Board of Adjustment and Appeal (BAA) from the requirements of the Land Development Code (LDC). The legislative purpose of a variance is to create a procedure to provide relief from the literal terms of the LDC in certain limited circumstances where literal enforcement of the requirements would have the unintended effect of denying the applicant reasonable use of the property or the structures on the parcel. Variances cannot be used to either establish or enlarge a use which is not otherwise permitted in the zoning district.

Application Process

Applications for Conditional Use & Variances

To apply for a Conditional Use Permit or for a Variance to the Land Development Code:

To apply for an Appeal to the decision or interpretation of the zoning administrator in the enforcement of the Land Development Code:

To understand the Board of Adjustment and Appeals process more, review the Application Process document.

Applicants are encouraged to meet with staff to review the proposal before submitting an application.

Application Fees

  • Appeals - $1,500.00
  • Conditional Use Permits - $1,500.00
  • Conditional Use Permits for Outdoor Dining or Food Truck - $500.00
  • Variances - $1,500.00

Application Requirements

Along with the notarized application form, you must submit:

  • Title Certification Letter
  • Property Survey (no more than one year old)
  • Letter of Justification
  • Fees (see above) 

Board of Adjustment and Appeal

Board meetings are scheduled on the 3rd Wednesday of the month, and are subject to a quorum of the Board. The Board meets in the Commission Chambers located in City Hall at 737 Louden Avenue, Dunedin, FL 34698.