#Section 2 or 3 Question# Difference between [Special Permit] and [Variance]

[Yongdan Chunyu]

Could someone help me figure out the difference between two zoning concepts: special permit and Variance? Thanks for your time.

In planning and urban design standards textbook, it states Special-Use Permits as part of flexible zoning. 

" Conditional-Use or Special-Use Permits These permits provide a way to allow a land use that would not normally be allowed in a particular zoning district, but might be compatible with the district’s character if controlled through additional standards and discretionary review that ensure the appropriate- ness of a particular development proposal at a particular location in the district. "

In LaGro's Site Analysis book, it says that "typically allow other uses, not specified for a particular zoning district, through a zoning variance procedure". 

It would be very helpful, if someone could give some examples too. Thanks.

[Tianyi Jiang]

I feel variance can not change the zoning use. variance could be just like the zoning stipulates that the setback should be 15' and through application for variance, it could be reduced to 10'. Also, as far as I know, to apply for some variance, you should also provide some condition as a trade-off. 

Special-use permit could be applied to land use?

This is just based on my own working experiences, probably not accurate. 

Hopefully anyone else who knows exactly the difference could provide answers. 

[J Sea]

Special use permits typically relate to zoning uses and show no actual hardships -- like asking to build a church in a residential zone. 

Variances allow for the approval of certain uses that would otherwise be prohibited because they do not meet the zoning ordinance.  An application is filed explaining the projects hardships, reasons why the code cannot be met and basically asking to break the law, the governing body will review and then approve/deny the application. 

I'm currently on a project where the owner purchased an old building and is converting it into an industrial warehouse. The owner plans on using the existing parking lot which has only enough space for parked cars, and room to back out. However, the city ordinance requires frontage trees on all sides of the property. If we were to put in planters to accommodate for frontage trees, then there would no longer be enough space for cars to back out and the space would be useless. The existing property was built before the new frontage tree requirement, so the owner has applied for a variance to asking to be exempt from it and pay fees/penalty fees as needed. 

[Yongdan Chunyu]

Thanks for your time!

[Yongdan Chunyu]

It's very helpful.

[Kexin Zhao]

It’s very interesting to see this real life job. There was a word “grandfather policy” from some exams I took. It absically says, if the project is done before all the requirements, then it could stay as the “grandfather” state. I don’t remember exactly the words. But there are a lot historical buildings are not ADA accessible or doesn’t even meet the fire codes but is still keeping the way it is

[B]

Being Grandfathered in on a job is not the same as Historical buildings. Having a building or structure be designated as historical means is can not change from its original state and has to be restored to that original state if any work is done to it.

But Grandfather refers to a condition that used to meet code but new revisions to the code make that item no longer fit. As long as when you do new construction you do not change a significant part of the structure, you can keep the parts that do not meet current code and are “Grandfathered” in under the current code. An example would be if your current house has a 10’ side setback but the new code says it should be 15’. If you keep the house as is, you will not be in violation of any building codes, but that is not being Grandfathered. Once you decide to renovate the house, as long as you keep the portion of the home as-is that is sitting in that 15’ setback area and only expand the rest of the home, that portion of the house gets “Grandfathered” in to the design. However, if you were to just keep the outside wall that is sitting in that 15’ setback but rip out everything else, the city could decide that you were changing too much of the house to be considered for Grandfathering and you might be forced to comply with the new 15’ setback. Note that this is a judgement call on their end and it could go either way based on the review staff at the time.

[J Sea]

This is very much true. In the job example that I gave, the owners are hoping that the current condition would be grandfathered in. It is not a historical building. In addition, the building is undergoing updates on the inside, so the city would be justified if they decline the variance application; it really could go either way. For the client, it's worth the financial risk of applying for a variance versus having to pay a whole team to redesign that area (and the construction costs after).