California Real Estate SalespersonProperty Ownership and Land Use ControlsMedium
A property owner in a single-family residential zone wants to build a detached garage that would encroach 3 feet into the required 10-foot side-yard setback due to the unusual narrow shape of the lot. What must the owner apply for from the local planning agency?
- AA nonconforming use certificate
- BA general plan amendment
- CA conditional use permit
- DA zoning variance
Show answer & explanationAnswer & explanation
Correct answer: D. A zoning variance
A variance allows a property owner to deviate from strict zoning requirements, such as setback rules, when unique physical characteristics of the lot (like its narrow shape) create a hardship, provided the variance does not grant a special privilege inconsistent with other properties in the zone.
Why the other options are wrong
- A. Nonconforming use status applies to existing uses that predate a zoning change, not new construction requests.
- B. A general plan amendment changes the jurisdiction's long-range land use policy document, not an individual setback issue.
- C. A conditional use permit allows a use not normally permitted in the zone, not a dimensional deviation like setbacks.
Zoning Variance
An administrative approval permitting a property owner to deviate from specific zoning ordinance requirements (such as setbacks or lot coverage) due to unique hardship related to the physical characteristics of the lot.
- Granted based on unique hardship, not general convenience
- Does not change the zoning classification itself
- Must not grant special privilege inconsistent with the surrounding zone
Memory trick: Variance = 'vary' the rule for a uniquely shaped lot's hardship.