Local zoning · Buena Park

Buena Park — Variances and Exceptions

Q: What is the difference between a variance and an adjustment in Buena Park?

A variance is a discretionary deviation granted when strict application of Title 19 would unfairly deprive a parcel because of special circumstances; it requires the findings listed in § 19.132.010.E . A zoning adjustment is a streamlined, limited deviation for certain numeric standards (e.g., up to 20% height or yard encroachments, small parking reductions) under § 19.128.080.B.2 ; the Zoning Administrator can act on many adjustments .

Q: Who decides a variance application in Buena Park — the Zoning Administrator or the Planning Commission?

The Zoning Administrator handles variances that meet limits in § 19.132.010.B.1 (e.g., additions to residential structures without increasing dwelling units; small nonresidential projects on lots under 20,000 sq ft). Larger or other variance requests go to the Planning Commission as provided in § 19.132.010.B.2 .

Q: What findings do I need to get a variance approved?

You must prove all findings in § 19.132.010.E : (1) special circumstances tied to the property, (2) the variance will not grant a special privilege, (3) no detrimental effect on public health/safety/welfare or neighboring property, and (4) consistency with the General Plan and other applicable plans .

Q: How much notice is required for a variance hearing?

Notice must be given to property owners within 300 feet of the subject property as specified in § 19.132.010.D.2 ; this parallels state law notice requirements (see Government Code cross‑references within the section) .

Q: If my variance is approved, how long do I have to start construction or the approved use?

A variance generally expires if construction or use is not commenced within one year after the appeal period or final decision unless the approval terms provide otherwise. Extensions may be requested; the approving body may grant one‑year extensions where undue hardship is shown — see § 19.132.010.H–I .

Variances and Exceptions under the Buena Park local zoning and planning code, with the controlling citations.

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Last reviewed: July 1, 2026

Overview

This page explains how the City of Buena Park handles variances, zoning adjustments (exceptions), and related quasi‑judicial relief under the local zoning ordinance (Title 19). It summarizes who decides, the required findings, common numeric limits for minor adjustments, how approvals expire or may be extended, and where to look in the code for details (see § 19.132.010 and § 19.128.080) . For district rules and dimensional standards consult the City's Buena Park Zoning and Buena Park Development Standards pages; verify parcel‑specific rules with the City (Zoning Map) — Verify with the jurisdiction.

Important internal links you may need as you read:

The citywide zoning overview is on the Buena Park zoning & planning overview page.
For rules about parking that often interact with variances see Buena Park Parking.
Minor deviations often use the zoning adjustment authority described below; see the Development Standards page for dimensional tables.
Projects sometimes require design review alongside a variance.
If your site is inside an overlay, consult Buena Park Overlay Districts.
ADU questions that look like variances should be cross‑checked with Buena Park ADUs and state law; also see the California Building Standards Code when building permits are required.

What Buena Park’s code actually provides (short map)

Variance: A discretionary allowance to deviate from the literal terms of Title 19 when strict application would unfairly deprive a property of privileges enjoyed by others (purpose and scope in § 19.132.010) .
Zoning Adjustment (minor exception): A streamlined, numerical set of allowable deviations (height, yard encroachments, parking reductions, fence heights) used mainly for alterations to existing development (§ 19.128.080) .
Waivers (example: underground utilities): The Zoning Administrator can waive specific technical requirements when hardship is demonstrated (§ 19.128.060) .
Nonconforming / extensions: Procedures and findings for extending, changing, or terminating nonconforming privileges and for repair/changes are in Chapters 19.204 and 19.132.020 (extensions/termination) .

How to read this in practice

If you need a modest, clearly quantified deviation from a dimensional standard (for example, a small yard encroachment or up to a 20% height increase for an existing building), the code expects you to apply for a zoning adjustment under § 19.128.080 rather than a full variance .
If the issue is a substantive conflict with the zoning standard caused by unique site characteristics (size, shape, topography, surroundings), a variance under § 19.132.010 is the proper route — the applicant must prove the required findings (special circumstances, no special privilege, no public harm, consistency with the General Plan) .

District-by-district breakdown (where the variance/adjustment rules apply)

Below are the principal zones referenced in the ordinance excerpts and the code locations that list permitted uses and special provisions in Buena Park. For detailed dimensional numbers (setbacks, lot coverage, FAR) consult the City's Buena Park Development Standards and the zoning map — many of those base numbers are in development‑standards tables not fully reproduced in the retrieved text. Verify with the jurisdiction for parcel‑specific base standards.

RS-16, RS-10, RS-8, RS-6 (Single‑Family Residential)

Purpose: RS zones are single‑family residential districts intended for detached residences and neighborhood‑serving uses. Typical purpose text and use lists appear in the single‑family permitted uses table. See Table 19.312.010 for permitted/conditional uses in single‑family zones (education, parks, limited community uses) and accessory uses such as ADUs (see ADU page) .
Typical permitted uses: single‑family dwellings (primary), public parks and playgrounds, community recreation centers (conditioned), limited public utilities; see Table 19.312.010 (§ 19.312.010) .
Key dimensional standards: Not found in retrieved materials for base setbacks/coverage — consult Buena Park Development Standards. Verify with the jurisdiction.
Where it applies: single‑family neighborhoods as mapped in the Zoning Map — Verify with the jurisdiction.

PD (Planned Development)

Purpose: PD permits flexible, project‑level standards for cohesive developments and planned communities. Height, setbacks, and uses are set by approved PD plans. See ordinance division describing PD procedures (various Title 19 sections) .
Typical permitted uses: as specified in each PD approval; often residential, mixed uses, or master‑planned combinations. See PD‑specific conditions in project approvals.
Key dimensional standards: set by individual PD approvals (project‑specific). Not found in retrieved materials as uniform numeric rules. Verify with the jurisdiction.

RM-10, RM-20 (Multifamily Residential)

Purpose: RM zones allow higher‑density multi‑family housing. Typical permitted uses and special provisions for conversions and vehicular facilities are referenced in the development sections. See Table 19.312.010 for cross‑references and Chapter 19.436 for vehicular/parking provisions .
Typical permitted uses: multifamily dwellings, related residential services, and some conditional institutional uses. See Table 19.312.010 (§ 19.312.010) .
Key dimensional standards: Not fully reproduced in the retrieved excerpts; parking development standards and rules about converting carports to garages in RM-10/RM-20 are referenced (conditions: parking count maintained; conform to Chapter 19.436) — consult Chapter 19.436 and site‑specific standards .
Where it applies: multi‑family areas on the Zoning Map — Verify with the jurisdiction.

MUO / HOO / RCFO / HMCO (Overlays and Housing Incentive Overlays)

Purpose: Overlays such as MUO‑45, MUO‑60, MUO‑100, HOO, RCFO, HMCO are used to create density/height incentives, affordable housing streamlining, or special rules. Streamlined ministerial review rules for projects inside these overlays are referenced in § 19.128.110 .
Typical permitted uses: depends on the overlay (mixed use, housing incentives). Consult Buena Park Overlay Districts and the ordinance text for the specific overlay.
Key dimensional standards: overlay‑specific; consult overlay ordinance sections and Development Standards. Verify with the jurisdiction.

(If your parcel sits in a commercial, industrial, historic, or other specific zone not listed above, consult the zoning map and the relevant title sections — many permitted use tables and standards are in Chapters beginning with 19.3xx and development standards chapters; see the Buena Park Zoning page for navigation.)

Quick table — decision‑relevant variance/adjustment standards

Item	What it controls	Code reference
Who decides small vs. large variance	Zoning Administrator hears limited variances (additions not increasing dwelling units; nonresidential under 20,000 sq ft lot); Planning Commission hears other variances	§ 19.132.010.B
Findings to grant a variance	Special circumstances (size/shape/topography), no special privilege, no harm to public health/safety/welfare, consistent with General Plan	§ 19.132.010.E
Zoning Adjustment maximum deviations (examples)	Height increase up to 20%; yard encroachments up to 20%; up to 2 parking spaces reduction; fence heights up to 50% more (but ≤ 8 ft)	§ 19.128.080.B.2
Notice radius for hearings	Owners within 300 feet must be noticed for variance hearings	§ 19.132.010.D.2
Expiration of variance	If work/use not commenced within 1 year after appeal period; other expiration triggers listed	§ 19.132.010.H
Extension of variance time	Extensions may be granted up to 1 year per extension where undue hardship shown	§ 19.132.010.I
Nonconforming change/extension	Process & findings for extension/expansion/change of nonconforming privileges	§ 19.132.020 and Chapters 19.204

Variance vs. Zoning Adjustment — practical comparison

Use a zoning adjustment (quicker; bureaucratic route) when your request fits the numeric limits in § 19.128.080 (20% height/yards, small parking or fence increases) — you will still file a formal application, and the Zoning Administrator can act, with appeal rights to the City Council § 19.128.080 .
Use a variance when the strict application of Title 19 produces an inequity tied to unusual property conditions; the approval requires the four findings in § 19.132.010.E and may be heard by the Planning Commission depending on scale § 19.132.010 .
When in doubt, start a pre‑application meeting with the Planning Division (the code requires initiation by property owner/agent) — § 19.132.010.C .

Checklist — what you must satisfy to apply for a variance or adjustment

Property owner or authorized agent files the application (initiation requirement) — § 19.132.010.C .
Demonstrate special circumstances (size, shape, topography, location, surroundings) if applying for a variance — § 19.132.010.E.1 .
Address the no special privilege finding — show the request does not give the property unique benefit not enjoyed by others in zone — § 19.132.010.E.2 .
Show the project won’t be detrimental to public health, safety, welfare or injurious to nearby properties — § 19.132.010.E.3 .
Demonstrate consistency with the General Plan and any applicable specific plan — § 19.132.010.E.4 .
If seeking a zoning adjustment, confirm your request falls within numeric limits in § 19.128.080.B.2 (height, yard encroachments, parking reduction, fence height) .
Provide required public notice materials (300‑ft radius list) for variance hearings — § 19.132.010.D.2 .
If approval is granted, sign the acceptance of terms with the Director before effective date as required — § 19.132.010.F.3 .
If the project triggers design review, coordinate with the Buena Park Design Review requirements — see design review sections and project conditions (verify with the jurisdiction).

Risks & Ambiguities

Issue	Why it matters	What to verify
Who hears the case (ZA vs. PC)	Authority depends on the nature/size of the variance request; wrong body can delay your project	Confirm whether the Zoning Administrator or Planning Commission has jurisdiction for your specific request per § 19.132.010.B
Numeric base standards (setbacks, FAR, lot coverage)	The variance/adjustment relief you request is measured against those base numbers	Base setbacks/coverage tables are in Development Standards — not fully reproduced here. Check Buena Park Development Standards and the Zoning Map; Verify with the jurisdiction
Interaction with ADU/state law	State ADU law can limit local discretion on accessory units; a variance for ADU issues may be constrained	Cross‑check with Buena Park ADUs and state ADU rules; here the ordinance does not override State ADU requirements — Verify with the jurisdiction
Expiration & extensions	Variance approvals expire if not used; missing deadlines can void approvals	Confirm the effective/expiration dates and extension procedures in § 19.132.010.F/H/I
Nonconforming situations	Permits that alter nonconforming uses have distinct findings and hearings	See Chapters 19.132.020 and 19.204 for nonconforming extensions/changes — review those sections carefully

Plain-English Summary

If your Buena Park property cannot meet a zoning rule because of the property’s unique shape, size, or location you can apply for a variance (harder, discretionary, needs four findings under § 19.132.010) or, for modest, quantified departures (like small yard encroachments or a small parking reduction), a zoning adjustment (faster, with explicit numeric limits in § 19.128.080). Always check which decision‑maker (Zoning Administrator or Planning Commission) handles your case, follow the 300‑ft notice rules, and expect conditions, expiration dates, and appeal rights set out in the code .

Source References

Buena Park Zoning Ordinance — § 19.132.010. Variance (purpose, authority, initiation, hearings, findings, conditions, appeals, expiration, extension) .
Buena Park Zoning Ordinance — § 19.128.080. Adjustment (purpose, authority, types of adjustment allowed, numeric limits for deviations) .
Buena Park Zoning Ordinance — § 19.128.060. Underground Utilities Waiver (waiver authority and criteria) .
Buena Park Zoning Ordinance — § 19.132.020. Extension or Termination of Nonconforming Privilege (procedures and findings) .
Buena Park Zoning Ordinance — Chapters 19.204 (Nonconforming regulations; repairs, changes, extensions) .
Buena Park Zoning Ordinance — Table 19.312.010. Permitted – Single‑Family Residential Zones (uses by RS‑16/RS‑10/RS‑8/RS‑6) — § 19.312.010 .
Internal ordinance cross‑references: Chapter 19.436 (Development Standards—Vehicular Provisions) referenced for parking/garage standards in RM zones .

Sources

Retrieved passages

Buena Park Zoning Code (Title depriving) High relevance
Buena Park Zoning Code (§ 19.132.020.) High relevance
Buena Park Zoning Code (§ 19.132.020.) High relevance
Buena Park Zoning Code (§ 19.128.080.) High relevance
Buena Park Zoning Code (§ 19.128.110.) High relevance
Buena Park Zoning Code (Title and) Medium relevance
Buena Park Zoning Code (§ 19.204.020.) Medium relevance
CBC § 66321 (§ 66321) Medium relevance

Cited sections

Official Buena Park code library

Frequently asked questions

What is the difference between a variance and an adjustment in Buena Park?

A variance is a discretionary deviation granted when strict application of Title 19 would unfairly deprive a parcel because of special circumstances; it requires the findings listed in § 19.132.010.E. A zoning adjustment is a streamlined, limited deviation for certain numeric standards (e.g., up to 20% height or yard encroachments, small parking reductions) under § 19.128.080.B.2; the Zoning Administrator can act on many adjustments .

Who decides a variance application in Buena Park — the Zoning Administrator or the Planning Commission?

The Zoning Administrator handles variances that meet limits in § 19.132.010.B.1 (e.g., additions to residential structures without increasing dwelling units; small nonresidential projects on lots under 20,000 sq ft). Larger or other variance requests go to the Planning Commission as provided in § 19.132.010.B.2 .

What findings do I need to get a variance approved?

You must prove all findings in § 19.132.010.E: (1) special circumstances tied to the property, (2) the variance will not grant a special privilege, (3) no detrimental effect on public health/safety/welfare or neighboring property, and (4) consistency with the General Plan and other applicable plans .

How much notice is required for a variance hearing?

Notice must be given to property owners within 300 feet of the subject property as specified in § 19.132.010.D.2; this parallels state law notice requirements (see Government Code cross‑references within the section) .

Are small yard encroachments eligible for adjustment rather than variance?

Yes — small, nondetrimental yard encroachments are handled by the zoning adjustment procedure when they fall within the numeric tolerance limits listed in § 19.128.080.B.2 (front/side/rear encroachments up to 20%, certain additions limits, rear yard coverage rules) .

If my variance is approved, how long do I have to start construction or the approved use?

A variance generally expires if construction or use is not commenced within one year after the appeal period or final decision unless the approval terms provide otherwise. Extensions may be requested; the approving body may grant one‑year extensions where undue hardship is shown — see § 19.132.010.H–I .

Can I get an extension if unforeseen delays prevent starting work under my variance?

Yes — an application to extend the time period can be filed prior to expiration; the approving body or City Council on appeal may grant one‑year extensions if earlier expiration would cause undue hardship and would not harm public welfare (see § 19.132.010.I) .

Do variances allow a use that is not permitted in the underlying zone?

No — the variance procedure cannot be used to permit a use that is not allowed in the applicable zone. A variance may deviate from numeric or locational rules but cannot change the permitted use category (see § 19.132.010.A.2) .

If my property is nonconforming, can I expand or change that nonconformity by variance?

Changes to nonconforming privileges have a separate process; extensions, expansions, or changes require findings that balance public interest and vested rights under § 19.132.020 and Chapter 19.204. A variance is not the automatic route for enlarging a nonconforming use — see the nonconforming chapter and plan for required hearings and findings .

Will a variance relieve me of other code obligations like parking or design review?

Not automatically. A variance relieves only the specific Title 19 requirement(s) that are the subject of the approval and typically includes conditions. Parking and design review requirements remain applicable unless specifically addressed by the decision; small parking reductions are available under the adjustment limits in § 19.128.080.B.2.d (reduction of not more than two parking spaces) — but plan reviewers will check compliance with Chapter 19.436 and design review processes as applicable .

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