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!
When applying for a zoning variance, it’s always better to be over-prepared than under-prepared.
You technically don’t need to spend anything beyond the application and review fee to submit your request, but investing in professional help can improve your chances of approval.
A variance lawyer, property surveyor, or even a land-use consultant can help you gather the necessary documents and present a strong case for the hearing.
Community support can also go a long way because one of the primary purposes of zoning laws is to protect the neighborhood. If the community shows support for the requested modifications, the board may be more lenient with the application.
Lastly, prepare for any potential objections with clear explanations and rebuttals. You have to explain why their concerns shouldn’t be concerns by providing evidence, documentation, or reasonings to strengthen your request.
All this can cost thousands of dollars out of pocket, as well as days if not weeks of preparation.
A land use adjustment is similar to a zoning variance, except it covers a broader range of modifications specifically related to land use. It can include conditional use permits, which allow a property to be used in a way that’s normally restricted but allowed under certain conditions. It can also include subdividing one parcel of land into two or more parcels.
A zoning modification, also known as a zoning amendment, is a request to change specific zoning requirements for multiple properties or an entire district while still complying with overall zoning regulations. It’s often confused with zoning variances, but they serve different purposes and follow different approval processes.
Here are the differences between zoning modifications vs. zoning variances:
Zoning variances grant an exception to zoning laws when strict enforcement would cause undue hardship to property owners.
Meanwhile, zoning modifications allow minor adjustments to zoning regulations, often as part of a planned development or local policy change.
Modifications are often initiated by the local government, planning commission, or developers who want to adjust zoning laws to fit new development goals.
For example, a city might modify an existing zoning regulation to allow taller buildings in a growing commercial area or reduce parking requirements to improve walkability.
In comparison, a zoning variance is requested by an individual property owner who needs an exception to the zoning rules for their specific situation.
The application process for a zoning modification is often more complex and time-consuming than a zoning variance because it affects multiple properties and sometimes even an entire area.
A variance requests approval from the zoning board, while a modification requires approval from city officials and the planning commission alongside the board.
Both applications need a formal hearing for approval.
The approval criteria for zoning variances and modifications share a lot of similarities, with the main requirement being that the change mustn’t negatively impact the community.
However, approval of zoning modifications takes on the extra criteria of aligning with long-term city planning and zoning goals. Since modifications affect multiple properties, officials must consider how the change fits into the area’s overall development.
They also evaluate factors such as environmental impact, infrastructure capacity, and economic benefits for the community and the region as a whole.
Zoning variances don’t have an impact on zoning laws. It doesn’t change zoning laws at all and exceptions are granted on a case-to-case basis, so long as the request doesn’t negatively impact the community or neighborhood.
Meanwhile, zoning modifications—as is written in the name—change specific parts of a zoning law rather than making an exception for a single property.
This means that upon approval, properties or businesses that fall under the modified zoning regulations must follow the new rules without needing individual variances.
For example, if a modification increases the allowed building height in a commercial district, all properties in that area may take advantage of that change.
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