Zoning variance los angeles

The Zoning Administrator may set the variance for hearing even though a public hearing is not otherwise required, if the Zoning Administrator determines that it would be in the public interest. In that event, notwithstanding the notice requirements below, notice of the public hearing shall be mailed to the owners of all properties abutting, across the street or alley from or having a common corner with the subject property.

When a public hearing is required by this Code for an application for a variance, evidence shall be taken at that hearing and notice of the time, place, and purpose of the hearing shall be given:. If this notice provision will not result in notice being given to at least 20 different owners of at least 20 different lots other than the subject property, then the foot radius for notification shall be increased in increments of 50 feet until the required number of persons and lots are encompassed within the expanded area.

Notification shall then be given to all property owners and occupants within that area; and. Findings for Approval. The decision of the Zoning Administrator shall be supported by written findings of fact based upon evidence taken, written or oral statements and documents presented, which may include photographs, maps and plans, together with the results of any staff investigations.

Consistent with Charter Section , no variance may be granted unless the Zoning Administrator finds all of the following:. A variance shall not be used to grant a special privilege or to permit a use substantially inconsistent with the limitations upon other properties in the same zone and vicinity. The Zoning Administrator may deny a variance if the conditions creating the need for the variance were self-imposed. Upon making a decision, the Zoning Administrator shall transmit a copy of the written findings and decisions to the applicant, the Director of Planning, the Department of Building and Safety, owners of all properties abutting, across the street or alley from, or having a common corner with the subject property and to all persons who have filed written requests for this notice with the Office of Zoning Administrator.

The Zoning Administrator shall also place a copy of the findings and decision in the file. Conditions of Approval.

In approving a variance, the Zoning Administrator may impose those conditions it deems necessary to remedy a disparity of privileges and that the Zoning Administrator finds are necessary to protect the public health, safety or welfare and assure compliance with the objectives of the General Plan and the purpose and intent of the zoning.

Time to Act. The initial decision shall be made within 75 days of the submission of a complete application, or within an extended period as mutually agreed upon in writing by the applicant and the Zoning Administrator. An initial decision shall include the written findings made in accordance with Subsection D.

Failure to Act -Transfer of Jurisdiction. If the Zoning Administrator fails to act on an application for a variance within the time provided in Subsection F, the applicant may file a request for a transfer of jurisdiction to the Area Planning Commission for decision.

The Director of Planning shall prescribe the form and manner of filing requests for transfers of jurisdiction. When an applicant requests that a matter be transferred, the Zoning Administrator may file with the Area Planning Commission a statement of facts pertaining to the matter, and shall transmit to the Area Planning Commission the files in the case.

If no remand or request for withdrawal of the transfer occurs, the Area Planning Commission shall consider the application following the same procedures and subject to the same limitations as are applicable to the Zoning Administrator, except that the Area Planning Commission shall act within 45 days of the transfer of jurisdiction. The Department of City Planning, including the Office of Zoning Administration, shall make investigations and furnish any reports the Area Planning Commission may request.

Filing of an Appeal. The appeal shall be filed in the Department of City Planning on a form provided by the Department, and shall set forth specifically the points at issue, the reasons for the appeal, and the basis upon which the appellant claims there was an error or abuse of discretion by the Zoning Administrator. The Area Planning Commission shall not consider any appeal not filed within the day period. The filing of an appeal stays proceedings in the matter until the Area Planning Commission has made a decision.

Once an appeal is filed, the Office of Zoning Administration shall transmit the appeal and the Zoning Administrator file to the Area Planning Commission. At any time prior to the action of the Area Planning Commission on the appeal, the Zoning Administrator shall submit any supplementary pertinent information he or she deems necessary or as the Area Planning Commission may request.

Appellate Decision - Public Hearing and Notice. Before acting on the appeal, the Area Planning Commission shall set the matter for hearing, giving notice by mail of the time, place and purpose of the hearing to the appellant, to the applicant, to the owner or owners of the property involved, to the Zoning Administrator, and to any interested party who has requested in writing to be so notified.

The notice shall be mailed at least 24 days prior to the hearing. If the appeal is from the grant or denial of a use variance, the Area Planning Commission shall give the same notice of the hearing as required for the original hearing on the matter. Upon the date set for the hearing, the Area Planning Commission shall either hear the appeal or if there is cause to do so, continue the matter to another date.

No notice of continuance need be given if the continuance is announced at the time for which the hearing was set. Time for Appellate Decision.

The Area Planning Commission shall make its decision within 75 days after the expiration of the appeal period. The 75 day time limit to act on an appeal may be extended by mutual written consent of the applicant and the Area Planning Commission. If the Area Planning Commission fails to act within this time limit, the action of the Zoning Administrator on the matter shall be final, except as provided in Subsection N.

Record on Appeal. The Area Planning Commission shall base its decision only upon:. If any applicant or aggrieved person wishes to present any new evidence in connection with the matter, he or she shall file with the Area Planning Commission a written summary of that evidence, together with a statement as to why that evidence could not reasonably have been presented to the Zoning Administrator. If the Area Planning Commission determines that the evidence could not reasonably have been presented to the Zoning Administrator and the evidence is of such a nature as might reasonably have led to a different decision by the Zoning Administrator, the Area Planning Commission shall remand the matter to the Zoning Administrator.

The Zoning Administrator shall reopen the matter only for receipt of the evidence summarized to the Area Planning Commission, and evidence from other parties relevant to the newly presented evidence, and within 55 days or within an extension of that time agreed upon by the applicant and the Area Planning Commission make a new order, requirement, interpretation or other decision in the matter.

Appellate Decision. The Area Planning Commission may reverse or modify the ruling or decision appealed from only upon making written findings setting forth specifically the manner in which the action of the Zoning Administrator was in error or constituted an abuse of discretion. Upon making a decision, a copy of the findings and decision shall forthwith be placed on file in the City Planning Department, and copies of the decision shall be sent to the applicant, the appellant, the Department of Building and Safety, the Director of Planning and the Office of Zoning Administration.

In considering appeals, the Area Planning Commission shall be subject to the same limitations regarding findings and conditions as are applicable to a Zoning Administrator under Subsections D and E. Date of Final Decision. Because no further appeals are permitted, a denial of a variance by an Area Planning Commission on appeal shall become final upon the date it was mailed to the applicant.

However, a decision by the Area Planning Commission granting or confirming the grant of a variance shall become final after 15 days from the date it was mailed to the applicant, unless an appeal is filed with the Council within that period.

The filing of an appeal stays proceedings in the matter until the Council makes a decision on the matter. The Council shall not consider any appeal not filed within the fifteen day period. Failure to Act - Transfer of Jurisdiction. If the Area Planning Commission fails to act on an appeal of a grant of a variance within the time provided in Subsection J, the appellant may file a request for a transfer of jurisdiction to the Council for decision.

When a matter is requested to be transferred, the Zoning Administrator and the Area Planning Commission may file with the Council a statement of facts pertaining to the matter, and shall transmit to the Council the files in the case.

If no remand or request for withdrawal of the transfer occurs, the Council shall consider the application following the same procedures and subject to the same limitations as are applicable to the Area Planning Commission, except that the Council shall act within 45 days of the transfer of jurisdiction. The Department of City Planning, including the Office of Zoning Administration, shall make investigations and furnish any reports as the Council may request. Appeal to City Council. An appeal from a decision of the Area Planning Commission granting or affirming the grant of a variance may be filed by the applicant or any person aggrieved by the decision.

The appeal shall set forth in writing specifically the manner in which the appellant believes there was error or abuse of discretion on the part of the Area Planning Commission. The appeal shall be filed in the Department of City Planning upon forms provided by the Department.

Upon the filing of the appeal, the Area Planning Commission Secretary shall transmit the Area Planning Commission file and the Zoning Administrator file on the matter to the City Council together with any reports prepared on this matter by the Zoning Administrator or Commission.

Action by Council and Mayor. When considering an appeal from an Area Planning Commission decision granting or affirming the grant of a variance, the Council shall be subject to the same limitations regarding findings and conditions as are placed on the Area Planning Commission by this section. The Council, by resolution, may affirm, reverse or modify, in whole or in part, the decision of the Area Planning Commission by a majority vote. Failure of the Council to act within 90 days from the expiration of the appeal period, or within any additional period as may be agreed upon by the applicant and the Council shall be deemed to be a denial of the appeal.

An area variance allows the property owner to construct a building that goes against the physical requirements held within a zoning ordinance. Someone who obtains a use variance could theoretically run a business in a residential area. A use variance is more difficult to obtain than an area variance. There are many situations where you might require one of these variances , which include:.

To account for these challenges, consider seeking help from a real estate lawyer who has experience in dealing with zoning variances. They can provide you with advice and guidance that may make it easier for you to obtain a zoning variance. A real estate lawyer can also assist you if ever a dispute arises wherein a lawsuit must be filed. If you want to get a zoning variance, you must fill out and send in an application with your local zoning board or a building inspector.

Keep in mind that the Department of City Planning in Los Angeles takes care of all zoning matters, which means they are the ones you will want to contact to obtain an application for a zoning variance.

The exact requirements that you must adhere to when filling out a zoning variance application depend on the city. Once you have sent in your application and the requisite filing fee, the zoning board will perform a comprehensive analysis of the situation to determine if your variance could be granted without significantly harming the surrounding community or neighborhood.

In this scenario, your property could still be used in the same manner regardless of the passing of a new zoning ordinance. If so, the benefits derived from the new ordinance could be deemed to be greater than the drawbacks for the owner of the land. Applying for an expansion to the nonconforming use almost never works. One notable step that you can take when attempting to get a zoning variance is to directly challenge the actual zoning ordinance.

Certain states require that zoning ordinances adhere to a master plan, which is an area map that displays future uses and existing uses of land. If a master plan has been adopted by a state, all zoning will need to take the master plan into account.

The city could also tell you to get rid of all of the construction that has been completed to this point. Even though you own the land, the city has the right to determine how this land is used. Once you get in touch with the zoning board and request an application, there are some tips and guidelines that you should follow to heighten your chances of having your application approved. The requirements for obtaining a zoning variance are usually found on the application, which is why you should review the application before filling it out.

The zoning board will talk with and listen to your neighbors to determine if they are fine with your project going forward, which is why you should talk with them yourself to gauge their interest. Sitting in on a zoning board meeting will help you get acclimated to the language they use to describe zoning rules while also providing you with an opportunity to meet individuals who could approve or reject your application.

These guidelines should make it easier for you to obtain a zoning variance. With the zoning variance in hand, you can begin work on your construction project without further delay.