Download Nonconforming Exception Permit

• What is a Nonconforming Exception Permit (EXC)?
  A Nonconforming Exception Permit (EXC) allows a property owner to make changes to the exterior of a structure that does not meet the requirements of the Larkspur Municipal Code. Planning Department staff may grant a Nonconforming Exception Permit only if the applicable findings can be made (the findings are listed under item #4 of this sheet), and provided that written protest of the application is not submitted within 10 days of public noticing.
• What are the steps to apply for a Nonconforming Exception Permit?
  

  1. Consult with the Planning Department Staff: File an application form & the required fee at the Customer Service Counter (2nd Floor) of the Larkspur City Hall. The application form should describe the requested proposal, and must be signed by both the property owner & applicant, if different. The fee is required to cover the city’s time & expenses involved in processing the Nonconforming Exception Permit. Three copies of plans must be submitted for review along with the required materials listed on the opposite side of this page. Further, the applicant should consider any possible impacts of the proposed construction & provide a written description of how they would be mitigated.
  2. Staff Review: Within 30 days of submittal of an application, the City will evaluate it for completeness. If it is found to be complete, processing will begin; if it is incomplete, you will be so notified in writing & provided with a list of the items needed to render it complete. During processing, the property will be visited at least twice by City staff, once to investigate the site & once to post a public notice.
  3. Noticing & Public Hearing: Local law requires that public notice be given of Nonconforming Exception Permit determinations. After making a determination that the findings listed below can be made in the affirmative, Planning Staff will post a notice on the property and on three official bulletin boards, and will mail a copy to all property owners within 300 feet. If no written objections to the application are received within 10 days, staff will approve the application.
  4. Findings for approval: The decision of the Planning Department is based on the required findings from Section 18.68.040(F), which are listed below:
  1. The exception will not increase the existing nonconformity.
  2. The proposed project otherwise conforms to the standards and regulations of the Larkspur Municipal Code.
  3. The proposed project will not be detrimental to the health, safety, welfare, comfort, or convenience of persons working or residing in the neighborhood of the proposed structure, nor be detrimental to the general welfare.

• Can the public or applicant appeal the decision of the Planning Department?
  Yes, anyone disagreeing with the Planning Department decision may file a written protest with the Planning Department within 10 calendar days of the date of the public notice. In this case, a public hearing shall be set before the Planning Commission. The decision of the Planning Commission may be appealed to the City Council.

• When does the Nonconforming Exception Permit expire?
  The Nonconforming Exception Permit must be acted upon (commencement of construction) within one year of the approval or it will be rendered invalid. Applicants unable to meet this schedule should apply for an extension before the one-year period expires.

NOTE: The City strongly encourages the applicant/property owner to consult with the neighboring property owners regarding the proposed project before submittal.