Eligibility for Filing a Public Hearing
Only the property owner(s) may apply for a variance from the Land Development Code. Applicants are required to schedule a pre-application meeting with city staff prior to submitting a variance application. Arrangements for the meeting may be made by calling the Community Development Department at 239-321-7931. Meetings will only be held on Tuesdays between 1:30 p.m. - 4:30 p.m., so it is recommended that plenty of time before the application deadline be allowed for scheduling.
A Variance Application must be submitted to the Community Development Department. To receive any application call the Planning Division at 239-321-7975. The variance application must refer to the specific code provision involved and set forth in detail the request of the applicant and what variance(s) are needed. It is the responsibility of the applicant to adequately cite on the variance application the chapter, sections, and subsections of the Land Development Code involved as failure to do so may cause delays.
Complete applications must be received by the Community Development Department on the 1st working day of each month. Applications will be reviewed for sufficiency within 5 business days. Insufficient applications will not be processed until deemed sufficient. The public hearing will be scheduled when the application plans are in correct final form to be heard by the Board of Adjustments.
Property Owner Notification
Property owners within a 300-foot radius of the property involved are to be notified 15 days prior to the date of the public hearing. A notice of public hearing is published in the Fort Myers News Press.
The property owner is required to post the public hearing sign notifying the date and time for the Board of Adjustments meeting. The property owner is required to sign an affidavit that the public sign is posted and to pay $5 for the cost of the sign. This fee may be added to the application fee to be paid by the applicant upon submittal of the application.
Board of Adjustments Public Hearing
A public hearing is normally held by the Board of Adjustments on the 4th Wednesday of each month, but this schedule may be altered to accommodate national holidays. The board will consider comments from the applicant, staff, and the public during the public hearing and render a decision to approve, approve with conditions, table, or disapprove of the application. All decisions of the board are final.
Appeal Decision of the Board of Adjustments
Any one aggrieved by the decision of the Board of Adjustments may appeal their decision to the Circuit Court within 30 days from the date of the public hearing where the Board of Adjustments rendered a decision. All parties who may want to appeal the decision of the Board of Adjustments must ensure that a verbatim record of the proceedings is made which record includes the testimony and evidence upon which the appeal is to be based.