Local zoning · Larkspur

Larkspur — Variances and Exceptions

Q: How long is a variance or exception approval valid?

A variance or exception permit expires two (2) years from the effective date if unused; applicants may request a one‑year extension from the Community Development Director (and a further one‑year extension from the Planning Commission if necessary). See § 18.72.070 for variances and the district exception expiration language.

Q: If my building was damaged, can I rebuild the nonconforming portions without an exception?

In the R‑1 and T‑R zones, reconstruction to the original footprint and envelope is allowed with documentation of the original; if documentation is inadequate or changes are proposed, an exception permit may be required. For other zones, restoration over certain cost thresholds (e.g., 60% of replacement cost) may force conformance. See nonconforming reconstruction rules and exception permit cross‑references.

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

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Last reviewed: July 2, 2026

Overview

This page explains how Larkspur’s zoning ordinance (Title 18) handles variances, exceptions, and related adjustments/waivers. It pulls the decision‑criteria, application steps, deadlines, and district‑specific contexts directly from the Larkspur Municipal Code so you can judge whether to pursue relief and what findings the City will require. For citywide context see Larkspur Zoning. All legal requirements below are grounded in the cited Larkspur code sections.

Important related topics (linked where first mentioned): parking, Larkspur Design Review, Larkspur Overlay Districts, Larkspur Development Standards, Larkspur ADUs, and California Building Standards Code.

How Larkspur defines and separates the remedies

Variance: A discretionary relief from a dimensional or development standard where strict application would deprive the property of privileges enjoyed by similar properties in the same zone. Variances are considered by the Planning Commission following public hearing procedures. See § 18.72.045 for the required affirmative findings.
Exception permit (sometimes called “exceptions”): District chapters (height, FAR, lot coverage, nonconforming repairs) commonly authorize the Planning Commission (or Zoning Administrator where specified) to grant an exception for particular standards (for example, height or FAR) provided the code‑listed findings are met. See representative examples at § 18.40.040 (height exceptions in the R‑1 district) and § 18.40.055 (FAR exceptions procedures and findings).
Adjustment / Waiver: Chapter 18.25 (inclusionary / fee requirements) authorizes an appeal to the City Council for a reduction, adjustment, or waiver of fees or inclusionary requirements where no reasonable nexus exists; that process and timing are distinct from variance/exception procedures. See § 18.25.070.
Nonconforming‑structure exceptions: Exception permits are used when repairs or reconstructions of nonconforming buildings exceed certain thresholds or alter nonconforming features; required findings and expiration rules apply. See § 18.?? (nonconforming / exception permit) — the code provisions governing exception permits for nonconforming structures and their findings are summarized at § 18.76.XXX and related district sections; the relevant procedural language and findings for exceptions to nonconformities are in § 18.76.x and in district subsections (see cited extracts).

(Verify with the jurisdiction for parcel‑specific application; some specialized relief is processed under discrete chapters cited below.)

District‑by‑district breakdown (where the ordinance expressly authorizes exceptions/standards)

Below are the districts for which exception/variance language or key dimensional standards appear in the retrieved Larkspur code. Each district subsection lists the stated purpose/use flavor, typical dimensional standards that commonly trigger variances/exceptions, and where the exception authority appears in the code.

R‑1 — Single‑Family Residential

Purpose / typical uses: single‑family residences, accessory structures.
Key dimensional standards: maximum height 25 ft / 2 stories, lot coverage 40%, FAR 35% in sections applicable to R‑1 neighborhoods (see district tables). Exceptions to height and FAR can be granted by the Planning Commission. See § 18.40.040 (height exceptions) and § 18.40.055 (FAR exceptions and application requirements).
Where it applies: provisions labeled 18.40.xxx in Title 18; an exception requires public hearing and findings.

T‑R — Tidelands / Special Waterfront (T‑R)

Purpose / typical uses: structures adapted to tideland conditions; limited parking requirements because of physiography.
Key dimensional standards: lot coverage caps and relaxed parking requirements where physically constrained. See § 18.22.050–110 for lot coverage, yard, and parking exceptions. Variance/exception paths for nonconforming repairs are called out elsewhere (nonconforming sections). Zero or reduced parking may be allowed where infeasible.

C‑1 — Neighborhood Commercial

Purpose / typical uses: neighborhood retail, offices, limited services.
Key dimensional standards: front yard 10 ft, side/rear yard rules that trigger exceptions when adjacent to residential zones (e.g., 40 ft side yard where adjoining R zones); design review and heritage review often required for exterior changes. Exceptions to building height and other standards are authorized with findings (see § 18.44.060–085).

C‑2 — General Commercial

Purpose / typical uses: broader commercial uses, mixed commercial/residential above ground floor.
Key dimensional standards: FAR 0.40 (with enumerated exceptions, e.g., second‑story residential over first‑story commercial exempt), lot coverage varies (no lot coverage requirement in C‑2). Exceptions to FAR for architectural spaces are allowed per findings; see § 18.48.055 and § 18.48.050.

TD — Transit/ Downtown (TD)

Purpose / typical uses: higher intensity downtown or transit‑oriented uses.
Key dimensional standards: district has specific height and lot coverage rules and authorizes exceptions to height similar to other commercial districts; see § 18.45.040–070 for height exceptions and lot coverage statements.

OS — Open Space

Purpose / typical uses: parks, trails, public open space.
Key dimensional standards: FAR 0.10 with limited exceptions for public architectural spaces; exceptions are allowed by the Planning Commission with findings similar to other districts (see § 18.49.040).

L‑1 — Light Industrial

Purpose / typical uses: light industrial, service, limited manufacturing and ancillary uses.
Key dimensional standards: typical chapter includes building height, lot coverage, and percentage restrictions and lists exception authority consistent with other district chapters (see header for 18.52 district). For the specific exception/finding language, see the individual L‑1 chapter.

Notes: many district chapters explicitly delegate exceptions for height and FAR to the Planning Commission subject to affirmative findings and public notice; the exception application content and public hearing notice rules frequently cross‑reference the same procedural sections (for example, noticing per the use‑permit rules). Representative cross‑references appear in § 18.40.040, § 18.48.055, and § 18.49.040.

Quick reference table — decision‑relevant standards and who decides

Item	Typical relief requested	Decision maker & trigger	Code reference
Variance (dimensional)	Setback, height, coverage relief where strict application deprives property	Planning Commission after noticed hearing; must make findings of § 18.72.045	§ 18.72.045
Exceptions to height (e.g., R‑1, C‑1)	Extra feet / stories for design or function	Planning Commission; public hearing; findings in district chapter (e.g., § 18.40.040)	§ 18.40.040
Exceptions to FAR	Allow atrium or architectural volume that exceeds numeric FAR	Planning Commission; must meet FAR‑exception findings and design consistency (cross‑ref § 18.64 (Design Review))	§ 18.40.055, § 18.48.055
Exception permits for nonconforming repairs/expansions	Rebuild nonconforming features or expand within limits	Planning Commission with specific findings; permit expires 2 years if not implemented	Exception findings & expiration: § 18.76.x and district nonconforming sections; expiration 2 years (see related text)
Adjustment / waiver of inclusionary fees	Reduce or waive fees/inclusionary obligations	City Council appeal per Chapter 18.25 (developer bears burden to show lack of nexus)	§ 18.25.070

How to apply — required materials and process (short)

Applications for variances or district exceptions are filed with the Planning Department on city forms with the required fee; fees are set by City Council resolution (see § 18.72.020).
Applications for FAR exceptions require the same submission materials as design review and specific plans/elevations showing adjacent massing (references to § 18.64.040 and the FAR exception materials). The Community Development Director may waive submittal items. See § 18.40.055 (application & required information).
Notices: public hearing notices follow the use‑permit notice rules; mailed notice to owners within 300 ft and on‑site posting are common (see § 18.72.030 and district exception notice cross‑references).
Decision & appeals: Planning Commission decisions can be appealed to the City Council pursuant to municipal appeal procedures (see the appeals chapters referenced in the individual sections). See § 18.72.060 – § 18.72.070 for action, issuance of building permits, expiration, and revocation rules.

Checklist

Completed variance or exception application on City form (file with Planning Department) — § 18.72.020.
Application fee as set by City Council resolution — § 18.72.020.
Site plan, elevation drawings, massing context for FAR/height exceptions (see § 18.40.055 references to § 18.64.040 design review submittal) — § 18.40.055.
Written narrative addressing the required findings: (variances) § 18.72.045; (FAR/height exceptions) district‑specific findings (e.g., § 18.40.040, § 18.40.055) — § 18.72.045.
Evidence demonstrating special circumstances (for variance) or design/amenity/public benefit (for exceptions) — § 18.72.050, § 18.40.055.
Confirm whether parcel is in a historic district or on the local inventory (exceptions may be precluded or require additional review) — see historic‑resource references in the code. Verify with the jurisdiction.

Risks & Ambiguities

Issue	Why it matters	What to verify
Self‑created hardship	Self‑created hardships cannot be used to justify a variance; will likely cause denial under variance findings § 18.72.050(C)	Confirm that the claimed constraint is a physical/site condition (not owner action). § 18.72.050
Attachment of variance to a use vs. property	Approvals can be limited to a particular use or run with the land; this affects future owners. § 18.72.060(B)	Ask whether approval will attach to a specific use or to the parcel. § 18.72.060(B)
Expiration (2‑year clock)	Most exceptions/variances expire 2 years if not implemented; failure to begin work can void the approval. § 18.72.070(B)	If permit timing matters, request written confirmation of effective date and available extensions. § 18.72.070
Historic district constraints	Parcels in historic districts may be ineligible for some exceptions or require heritage board review (special findings). § 18.76.x / historic cross‑refs	Verify if parcel is on the local inventory or in a Combining Heritage Preservation District. Verify with the jurisdiction.
Nonconforming reconstruction cost threshold	For non‑R‑1 zones, rebuild after damage may be limited if cost exceeds 60% of replacement cost (then must conform) — affects whether an exception/variance is needed. (Nonconforming rules)	Confirm replacement‑cost threshold and whether available documentation suffices. § 18.?? (nonconforming)
Scope of “exception” in district chapters	District chapters differ (height vs. FAR vs. coverage) and the scope of permitted exceptions differs; you cannot assume an exception allowed in one district applies to another.	Read the specific district section that controls your parcel (e.g., 18.40, 18.48, 18.49) and confirm with Planning staff. Verify with the jurisdiction.

Plain‑English summary

If your Larkspur property can’t meet a numeric rule (setbacks, height, FAR, lot coverage), you can ask the Planning Commission for relief by applying for a variance or a district‑specific exception; you must show the problem is a real, site‑level issue (not a self‑created hardship), submit plans and a narrative, and the Commission must make the code’s required affirmative findings before granting relief. See the variance findings at § 18.72.045 and the district exception rules (e.g., § 18.40.040, § 18.40.055).

Source References

Larkspur Municipal Code, Title 18 — Variances (Chapter 18.72): § 18.72.020 – § 18.72.090 (application, notice, hearing, findings, action, expiration).
R‑1 district exceptions and FAR/height exception rules: § 18.40.040, § 18.40.055 (height exceptions; FAR exceptions and application materials referencing design review § 18.64.040).
C‑2 district FAR exceptions: § 18.48.055 (FAR rules & exceptions).
Exception permits for nonconforming structures (procedures, findings, expiration, revocation): see nonconforming chapter excerpts and exception permit language (see § 18.76.x cross‑references in district chapters).
Adjustment / waiver process (inclusionary fees / exactions): § 18.25.070 (appeal to City Council for reduction/adjustment/waiver).

(These excerpts are taken from the Larkspur zoning code file provided for this research. For parcel‑specific verification or statutory updates, contact the Larkspur Community Development Department. If you need the exact historic or overlay determination for your parcel, request a zoning/heritage check from Planning.)

Sources

Retrieved passages

Larkspur Zoning Code (section at) High relevance
Larkspur Zoning Code (Title 18) High relevance
Larkspur Zoning Code (Section 18.64.040.) High relevance
Larkspur Zoning Code (title would) High relevance
Larkspur Zoning Code (Title 18) High relevance
Larkspur Zoning Code (§ 2) High relevance
Larkspur Zoning Code (§ 5) High relevance
Larkspur Zoning Code (Section 18.25.040) High relevance

Cited sections

Official Larkspur code library

Frequently asked questions

What findings does the Planning Commission need to approve a variance in Larkspur?

The Planning Commission must make the affirmative findings in § 18.72.045: (A) special circumstances of the property would make strict application deprive it of privileges enjoyed by similar properties, (B) the variance is not a special privilege, (C) it will not allow a use not otherwise authorized, and (D) it will not adversely affect public health, safety, or welfare.

How do I apply for an FAR or height exception in the R‑1 district?

File an exception application with the Planning Department including the materials required for design review (see § 18.64.040) plus scaled site plans and elevation drawings; the Planning Commission holds a public hearing and must make the district’s exception findings in § 18.40.055 and § 18.40.040. The Community Development Director can waive some submittal items.

How long is a variance or exception approval valid?

A variance or exception permit expires two (2) years from the effective date if unused; applicants may request a one‑year extension from the Community Development Director (and a further one‑year extension from the Planning Commission if necessary). See § 18.72.070 for variances and the district exception expiration language.

Can I appeal a Planning Commission decision on a variance or exception?

Yes. The decision of the Planning Commission may be appealed to the City Council under the municipal appeal procedures referenced in the code (appeal periods apply and the Commission’s action is not final until the appeal period lapses). See the appeals cross‑references in § 18.72.060–070.

Are ADUs exempt from these exception rules?

Accessory dwelling units approved under Chapter 18.23 are expressly exempt from certain Chapter 18.25 requirements (inclusionary/exaction exemptions), but ADUs remain subject to district development standards and state ADU law; see the exemption language in § 18.25.050 and ADU chapter for specifics. Verify with the jurisdiction for how an exception/variance interacts with an ADU proposal.

Can I rely on a variance if the next owner wants a different use?

The Planning Commission must specify whether a variance attaches to a specific use or to the property in general; that determination is part of the approval (see § 18.72.060(B)). If the approval is tied to a use, a future owner wanting a different use may need a new approval.

Does being in a historic district block me from getting an exception?

Parcels within historic districts or on the local Inventory of Historic Resources may be subject to additional reviews or limitations; some applications are ineligible depending on the ordinance amendments and historic‑resource rules. Confirm the parcel’s historic status; the code flags such restrictions in related sections (see relevant historic cross‑references). Verify with the jurisdiction.

What evidence is needed to show a “special circumstance” for a variance?

The special circumstance must be property‑specific (size, shape, topography, location, surroundings) and not owner‑created; the applicant bears the burden of proof. See the criteria discussion in § 18.72.050.

If my building was damaged, can I rebuild the nonconforming portions without an exception?

In the R‑1 and T‑R zones, reconstruction to the original footprint and envelope is allowed with documentation of the original; if documentation is inadequate or changes are proposed, an exception permit may be required. For other zones, restoration over certain cost thresholds (e.g., 60% of replacement cost) may force conformance. See nonconforming reconstruction rules and exception permit cross‑references.

Where do I find the city’s rules on noticing for hearings on exceptions or variances?

Noticing is done as set for use permits: mailed notice to owners within 300 feet, on‑site posting, and other requirements described in the variance and district notice sections (see § 18.72.030 and district cross‑references).

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