If you’re looking to make modifications to your property that don’t quite meet local zoning requirements, you may need to apply for a zoning variance. Zoning variances are typically required when a proposed development or use doesn’t fully comply with the zoning code regulations, such as building height, setback, or use restrictions.
We specialize in obtaining zoning variances for a wide range of projects in Los Angeles, Santa Monica, Pasadena, West Hollywood, and surrounding areas. Whether you’re looking to build an addition, start a new business, or make any other modifications, our team is here to guide you through the process efficiently.
A zoning variance is an exception granted by the local regulatory board that allows a property owner to make certain changes to the building/land that would otherwise fall outside regular zoning regulations. Here are some common examples:
It’s important to note that zoning variances are an exception, not a rule.
They aren’t granted to just anyone and often require a thorough examination of the property in question.
Even if a property owner follows their due diligence and submits the required documentation, the regulatory board is well within its means to reject the request.
A zoning variance comes in two types: an area variance, which changes how a property looks, and a use variance, which alters how it’s used. Let’s discuss the differences in more detail:
Area variance covers the physical or dimensional requirements of zoning laws, such as lot size, building height, parking spaces, and yard setback. For instance, building a property with a 35-foot setback from the property line instead of the required 30.
Use variance lets property owners use their properties in a way that isn’t explicitly allowed under the zoning code. For example, it may allow a commercial business to operate within a residential zone, or a warehouse to be converted into a restaurant in an industrial area.
Property owners should apply for a variance if they want to build a house or start a business that goes against local zoning rules.
While variances aren’t guaranteed, they’re commonly granted when the request is reasonable and doesn’t negatively impact the surrounding area.
Area variances like increasing setback requirements or building height are often approved if they don’t disrupt neighbors or violate safety standards, especially in areas that don’t follow uniformity rules.
Use variances, however, are a bit more tricky to get because they can change the character of a neighborhood.
If a property owner is granted permission to use a business in a residential area, for example, that may spur other property owners to do the same. And if the regulatory board approves one request and denies the other, it may lead to disputes and distrust in the community due to the perception of biases or inconsistency.
Therefore, officials are extra careful when approving use variances to avoid tension between property owners and local authorities.
Regardless of the variance type, property owners must carefully check the area’s zoning laws and, if possible, speak to the zoning official or planner to avoid unnecessary expenses and delays during the application process.
Application fees differ from one place to another. For example, application fees in North Castle, New York start from $275, Minneola, Florida at $560, and Honolulu at $2,400. Some also charge a review fee costing hundreds of dollars, separate from the application fee.
These fees are non-refundable and must be paid when submitting the variance application, regardless of whether the request is approved or denied.
Applying for a variance is a fairly straightforward process, if not lengthy. Here are some steps to follow:
Find out your property’s zoning code or designation. You can find this by visiting your local zoning or planning department’s website, where you’ll find interactive online maps that allow you to search zoning codes by address.
Look up specific zoning laws related to that type of variance. Remember: an area variance is when you need to physically modify a home or building, while a use variance is when you need to use the property outside its original use.
Consult with a property surveyor to obtain accurate measurements and site plans that support your variance request.
A surveyor can help identify property boundaries, setbacks, and any physical limitations that justify the need for a variance. The added documentation strengthens your application and demonstrates that you’ve done your due diligence when applying for the variance.
A property surveyor can cost between $375 to upwards of $2,500, depending on the property’s size, location, and value.
Write up a plan for your project, detailing your request and presenting a valid reason as to why current zoning laws have caused you “unnecessary hardship.”
Additionally, provide evidence that shows that the variance won’t negatively impact the neighborhood or cause undue stress on the community. This can include noise assessments, traffic studies, or letters of support from neighbors.
If possible, speak with a local zoning officer or planner to discuss the likelihood of approval and any potential concerns so you can address them in your application, along with reasons why these concerns shouldn’t prevent the variance from being approved.
Visit your local city website or town hall and request a written application. Some municipalities may ask you to send the request directly to the board, while others need you to send the application to their website or email address.
Here’s an example of an application from Seguin, Texas, which you can use as a reference. Requirements differ from state to state, so it’s always a good idea to call your local government to ask what you’ll need when visiting the town hall to make the request.
Upon submitting the application and paying the fee, your local government may request a public hearing to present your case. While you can represent yourself, your chances of getting approved may increase by hiring a specialized Variance lawyer.
The zoning board will review your application and either approve, deny, or request modifications before granting the variance. Approval can take anywhere between 30 to 45 days, depending on the number of cases awaiting a hearing.
If this sounds complicated or time consuming, don’t worry—Pattern LA can help you navigate every step of the process. With our expertise we can make the application process smoother and more efficient. Reach out today for assistance!