CALIFORNIA ZONING VARIANCES
Zoning laws in California regulate how land can be used to balance development, environmental concerns, and community needs. However, the strict application of these rules can sometimes cause undue hardship to a specific property owner due to unusual physical characteristics of their land. A zoning variance provides an official exception, granted by local authorities, to these standard zoning requirements. An experienced attorney can help guide clients through the zoning and land use process.
What is a Zoning Variance?
A zoning variance is a request for relief from the strict application of a local zoning ordinance’s dimensional or numerical regulations. Common examples include:
Reduced setbacks: Allowing a structure to be built closer to the property line than normally permitted.
Building height: Seeking permission for a building to exceed the maximum allowed height.
Lot coverage: Increasing the percentage of the lot that can be covered by structures.
Parking spaces: Adjusting the required number of on-site parking spaces.
Crucially, zoning variances are not exceptions to land uses. For example, a variance cannot be used to permit a commercial business in a purely residential zone; that would typically require a different process, such as a zone change.
When Would You Need a Zoning Variance?
A zoning variance is typically necessary when unique physical circumstances of a specific property prevent the owner from enjoying the same rights and privileges as other properties in the same zoning district. The need often arises from unusual aspects like:
Size or shape: An irregularly shaped lot that makes standard setbacks impossible to meet.
Topography: Steep slopes or unique elevation changes that necessitate a different building placement or height.
Location or surroundings: Proximity to natural features like creeks or specific public infrastructure.
The hardship must be tied to the physical characteristics of the property itself, not a personal or financial hardship of the owner.
Key Requirements for Granting a Zoning Variance
In California, the burden of proof is on the applicant to demonstrate that special circumstances exist justifying a zoning variance. While specific criteria may vary slightly by city or county, all jurisdictions must adhere to state law (specifically California Government Code § 65906).
For a zoning variance to be granted, an applicant must demonstrate several points. These include proving that unique property circumstances, like size, shape, or topography, are not shared by other properties in the same zone. They must also show that strict application of the zoning rules creates an unnecessary hardship, making compliance impractical. The variance must preserve property rights enjoyed by neighbors but denied to the applicant. Additionally, the proposed project with the variance must align with the area’s General Plan. Finally, the variance should not grant special privileges and should be the minimum relief needed to address the hardship.
The Application Process
Obtaining a zoning variance involves several steps with local planning departments. Initially, consult with planning staff to confirm a variance is appropriate. Then, submit a formal application including plans and a statement explaining how the project meets the required findings. Typically, a public hearing is held by a planning commission or zoning board to review the application and gather public comments. The board or commission then makes a decision, which can usually be appealed if denied.
Contact us by phone or email to learn more about how we can help.