Zoning Variances in Tampa Bay: Hillsborough, Pinellas & Polk County

When your property doesn't fit the zoning code, you need more than a form - you need a local government’s intervention. We represent homeowners, developers, and business owners seeking zoning variances before local boards across the Tampa Bay region, including the City of Tampa, Hillsborough County, St. Petersburg, Clearwater, Pinellas County, Lakeland, and Polk County.

A variance application lives or dies on its narrative. Each jurisdiction requires you to establish specific criteria — typically centering on the uniqueness of your property's physical conditions, hardship not of your own making, and consistency with the spirit of the code. We build that argument from the ground up: site analysis, code research, and a written case designed to hold up under scrutiny from planning staff, board members, and neighbors.

What We Handle

  • Residential setback, height, and lot coverage variances

  • Commercial and mixed-use zoning variances

  • After-the-fact variances for unpermitted work

  • Dock and waterfront structure variances

  • Flood elevation variances

  • Special exceptions and nonconforming use reinstatements

  • Administrative appeals from staff denials

How We Work

We start with a consultation to assess whether a variance is the right path. Not every property problem is a variance problem. Some situations call for a rezoning, a special use permit, or an administrative interpretation of the code — approaches that can get you to the same result through a different process, sometimes faster and at lower cost. We identify the right vehicle before you commit time and money to the wrong one.

For a variance, we generally:

  • Pre-application coordination with planning staff

  • Drafting the variance narrative and all required criteria responses

  • Coordinating surveys, site plans, and elevation drawings

  • Neighborhood outreach and public participation documentation where required

  • Certified notice mailings to adjacent property owners

  • Representation at the applicable board hearing

Tampa & Hillsborough County — Applications go before the City of Tampa Variance Review Board or the Hillsborough County Board of Adjustment, depending on whether your property is inside city limits.

St. Petersburg, Clearwater & Pinellas County — The City of St. Petersburg uses the Development Review Commission. Clearwater applications go before the Community Development Board. Unincorporated Pinellas County uses the Board of Adjustment.

Lakeland, Winter Haven & Polk County — City variance applications go before each municipality's respective board of adjustment (i.e., Lakeland, Winter Haven, Bartow, Haines City) Unincorporated Polk County matters are handled through the county's Board of Adjustment.

If your application is denied, we advise on appeal rights and next steps, including circuit court appeals where applicable.

Why Hire an Attorney for a Variance

You can file a variance yourself. Most local governments make the forms available and staff will walk you through the checklist. Where most applicants run into trouble is the written criteria. Board members read dozens of these applications. Vague or boilerplate responses get picked apart — by staff, by commissioners, and by neighbors who show up to object. We write narratives grounded in code language, supported by comparable approvals in your neighborhood, and tailored to the specific physical conditions of your property. We also manage the public participation process so that neighbor concerns get addressed before the hearing, not during it.

Serving the Greater Tampa Bay Area

Application fees vary by jurisdiction and project type. Our legal fees depend on the complexity of the matter — most residential variances fall between $1,500 and $3,500. We provide a flat fee quote after the initial consultation. Contact Dunivan Law to schedule a consultation and discuss your property.