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Biggs — Variances and Exceptions

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

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Last reviewed: July 1, 2026

Overview

In Biggs, relief from otherwise strict zoning standards comes in two flavors: a discretionary, hearing-based variance issued by the Planning Commission, and a narrower, often administrative exception handled by the City Planner under specific authority. Both live in Biggs Municipal Code Title 14 (Zoning) and are tied closely to the city’s Biggs Zoning, Biggs Land Use, and Biggs Development Standards. This page decodes how variances and exceptions work, what findings you must meet, which districts are affected, and how they interact with review processes like Biggs Design Review and site standards such as Biggs Parking.

What each tool does in Biggs

  • Variances (BMC Chapter 14.70): Issued only by the Planning Commission, with a public hearing and specific hardship findings tied to property conditions; conditions of approval may be imposed. Written findings are prepared and decisions follow the general procedures chapter for effective dates, expiration, extensions, and revocation (BMC §§ 14.70.010–14.70.040; 14.30.070–14.30.130).
  • Exceptions (BMC Chapter 14.180): A narrowly scoped, standards-specific relief route. The City Planner may approve, conditionally approve, deny, or forward to the Planning Commission. Some cases need only administrative review; if forwarded, mailed notice goes to owners within 300 feet. Exceptions have their own findings, timelines, and “run with the land” rule once exercised (BMC §§ 14.180.010–14.180.100).

Key differences at a glance

  • Decision-maker and hearing: Variances require a Planning Commission public hearing; exceptions may be administrative, with Commission review and noticing only if forwarded (BMC §§ 14.70.020; 14.180.040).
  • Findings: Variances require property-based hardship and consistency with the General Plan/specific plans; exceptions require special-circumstance and no-detriment findings (BMC §§ 14.70.030; 14.180.060).
  • Scope: A variance cannot legalize a prohibited use or expand nonconforming uses; exceptions are limited to specified site-development standards (BMC §§ 14.20.1020; 14.180.010–.020).

Variances — how they work

  • Purpose: Relief when literal application of zoning causes practical difficulties or unnecessary hardship, inconsistent with Title 14’s purposes (BMC § 14.70.010).
  • Who decides: The Planning Commission, after at least one public hearing; may approve, condition, or deny (BMC § 14.70.020).
  • Required findings:
    • Exceptional circumstances about the property’s shape, size, topography not common in the district.
    • Necessary for substantial property rights enjoyed by nearby properties.
    • Not materially detrimental to public welfare or neighboring properties.
    • In harmony with Title 14 and the General Plan; consistent with any applicable specific plan (BMC § 14.70.030).
  • Conditions: Commission may impose conditions to carry out Title 14 and the General Plan (BMC § 14.70.040).
  • Process + timelines: Written findings must be prepared; decisions become effective on the 16th day unless appealed under procedures in Chapter 14.30 (BMC §§ 14.30.070–14.30.090). Rights expire if not exercised within one year unless extended; rights lapse if discontinued for one year; revocation authorized for violations or nuisance (BMC §§ 14.30.100–14.30.130).

What a variance cannot do: A variance cannot approve a use that’s prohibited in the district, nor justify a variance because of nearby nonconforming or different-district uses (BMC § 14.20.1020). See also how changes to legal status interact with Biggs Nonconforming Uses (BMC § 14.80.050 references the “exercise” rules for vested permits/variances).

Exceptions — how they work

  • Purpose + authority: Flexibility for “selected site development regulations where minor adjustments are needed,” only for the standards listed in the authority section; the City Planner reviews and may decide or forward to the Commission (BMC §§ 14.180.010–.020).
  • What can be excepted (examples):
    • Fences: In residential districts, side/rear fence height may be increased by up to two feet, with limits when structures are within 10 feet of the fence (BMC § 14.180.020(1)).
    • Eaves/overhangs: May allow less than 18 inches in some cases; eaves under 12 inches typically not acceptable. Baseline residential eave minimum is 18 inches, with relief available specifically via exceptions (BMC §§ 14.180.020(2); 14.110.110(1)).
    • Rolled curbs/attached sidewalks: Allowed to match block context (BMC § 14.180.020(3)).
    • Height beyond standards in limited cases: To enhance historic character/community quality, or for industrial districts when community benefits are significant and impacts are minimal (BMC § 14.180.020(4)–(5)).
  • Process: Administrative exceptions require no public hearing; if sent to the Commission, mailed notice goes to owners within 300 feet (BMC § 14.180.040). Decisions include written findings and conditions, and appeals follow Chapter 14.30 (BMC §§ 14.180.050–.080).
  • Findings: Special circumstances applicable to the property/project warrant the exception; no detriment to neighbors or public health/safety/welfare (BMC § 14.180.060).
  • Timing + effect: Effective on the date specified; must be exercised within the set period or within one year if no period is set; once exercised, exceptions run with the land. Extensions may be granted if findings remain valid; amendments to conditions require a new application. Revocation and a one‑year waiting period after denial/revocation are provided (BMC §§ 14.180.090–.140).

Note: Disability-related relief is processed as a separate “reasonable accommodation” by the Planning Director, not through variances or exceptions, and is a ministerial review with its own criteria and appeal path (BMC § 14.110.045). See also California Building Standards Code for construction requirements, which are outside this page’s scope.

Where district standards intersect with Exceptions and Variances

Biggs establishes districts in BMC § 14.190.010. Variances and exceptions don’t replace district rules; they provide carefully limited relief from them. Below is how they interact district-by-district, focusing on what the code expressly ties to exceptions/variances (height, setbacks, or process cues). For uses and general standards, see the base district chapters and Biggs Overlay Districts where applicable.

A-G General Agricultural

  • Purpose, typical uses, key standards: Not found in retrieved materials.
  • Interaction: Not found in retrieved materials. Verify with the jurisdiction.

A-C Agricultural Commercial

  • Purpose/uses: Not found in retrieved materials.
  • Key standards: Base maximum height is 60 ft (residential structures max 30 ft; parcels contiguous to residential limited to 30 ft). The Planning Commission may grant an exception to allow height up to 60 ft pursuant to Chapter 14.180 (BMC A‑C standards notes).
  • Interaction: Height relief uses the exceptions process; a variance remains available under Chapter 14.70 where findings are met.

A-M Agricultural Industrial

  • Purpose/uses/standards: Not found in retrieved materials.
  • Interaction: Not found in retrieved materials. Verify with the jurisdiction.

R-1 Single-Family Residential

  • Purpose/uses: Not found in retrieved materials.
  • Key standards: Typical setbacks include 15 ft front, 5 ft side, 10 ft street side, 15 ft rear; max building height 35 ft; lot coverage 50% (BMC R‑1 table).
  • Interaction: Exceptions may adjust residential fence height and eaves/overhangs per BMC § 14.180.020(1)–(2). Variances apply where property-based hardships exist.

R-2 Medium Density Residential

  • Purpose/uses: Not found in retrieved materials.
  • Key standards: Typical setbacks include 15 ft front, 5 ft side, 10 ft street side, 15 ft rear; max building height 45 ft; lot coverage 60%. Additional street side and adjacency stepbacks apply (BMC R‑2 table and notes).
  • Interaction: Same exception pathways for fences/eaves; variances available per BMC Chapter 14.70.

R-3 High Density Residential

  • Purpose/uses/standards: Not found in retrieved materials.
  • Interaction: Not found in retrieved materials. Verify with the jurisdiction.

R-MU Residential Mixed-Use

  • Purpose/uses: Not found in retrieved materials.
  • Key standards: No minimum front or rear setback in most cases; side/rear buffers when abutting residential; base max height 45 ft. The Planning Commission may grant a height exception up to 50 ft (BMC R‑MU table and notes).
  • Interaction: Lot coverage/landscaping set through Biggs Design Review (BMC § 14.100 referenced in notes). Variances also available where hardship findings are met.

D-MU Downtown (B Street) Mixed-Use

  • Purpose/uses: Not found in retrieved materials.
  • Key standards: No minimum front setback except where a block is partly residential; side/rear buffers near residential; base max height 55 ft. The Planning Commission may grant a height exception “not to exceed 55 ft” (as stated) (BMC D‑MU notes).
  • Interaction: Lot coverage/landscaping via Biggs Design Review (BMC § 14.100 referenced). Variances available per BMC Chapter 14.70.

C-G General Commercial

  • Purpose: Provide a variety of commercial uses serving Biggs and the region (BMC § 14.320.010).
  • Key standards: Typical front setback 15 ft; height 55 ft. Notes state an exception may allow height “not to exceed 55 ft” (as written) (BMC § 14.320.040 notes).
  • Interaction: Uses follow the commercial use table; variances apply per Chapter 14.70 where appropriate.

C-O Office Commercial

  • Purpose/uses: Not found in retrieved materials.
  • Key standards: Front setback 20 ft; base max height 40 ft; an exception may allow height up to 50 ft (BMC § 14.330.040(5)).
  • Interaction: Variances still available when hardship findings are met.

M-1 Light Industrial

  • Purpose/uses/standards: Not found in retrieved materials.
  • Interaction: Not found in retrieved materials. Verify with the jurisdiction.

M-2 General Industrial

  • Purpose/uses: Not found in retrieved materials.
  • Key standards: Base max height 60 ft; if contiguous to a residential district, limit is 30 ft/one story. The Planning Commission may grant an exception to allow height up to 100 ft (BMC M‑2 notes).
  • Interaction: Height relief is via exceptions; variances available for other hardships.

O-S Open Space

  • Purpose/uses/standards: Not found in retrieved materials.
  • Interaction: Not found in retrieved materials. Verify with the jurisdiction.

P-Q Public/Quasi-Public

  • Purpose: Provide a wide range of public, institutional, and auxiliary uses (BMC § 14.380.010). Typical permitted uses include city facilities, infrastructure, parks/greenbelts; schools and certain institutional uses are conditional (BMC §§ 14.380.020–.030).
  • Interaction: No district-specific exception language retrieved; general exceptions/variances apply case-by-case.

PD Planned Development

  • Purpose: A combining tool used with an underlying district to modify basic development requirements, separate from variances/exceptions (BMC § 14.190.020). Use PD when broader, plan-level flexibility is needed rather than parcel-specific relief.

Decision-relevant standards and pathways

Topic Who decides Hearing/Notice Core Findings Exercise/Duration Other Notes Code Reference
Variance Planning Commission Public hearing required Property-based exceptional circumstances; substantial property rights; no detriment; harmony with Title 14 and General Plan; specific plan consistency Expires if not exercised in 1 year; can extend; lapses after 1 year of nonuse; revocable Written findings; effective on 16th day unless appealed BMC §§ 14.70.020–.040; 14.30.070–.130
Exception City Planner (may forward to Commission) No hearing if administrative; if Commission, mail notice to 300 ft Special property/project circumstances; no detriment to neighbors/public Effective per decision; exercise within set time or 1 year; runs with land once exercised; revocable; 1-year reapply bar Appeals under Ch. 14.30; extensions if findings remain valid BMC §§ 14.180.020; .040–.100; .110–.140
Exception categories (examples) City Planner/Commission As above As above As above Fences (+2 ft max); eaves <18" in limited cases; rolled curbs/attached sidewalks; targeted height relief (historic/industrial) BMC § 14.180.020(1)–(5)

District-specific height exceptions commonly referenced in district chapters:

  • The C-O district allows an exception up to a 50 ft building height (base 40 ft) per BMC § 14.330.040(5).
  • The R-MU district allows an exception up to 50 ft (base 45 ft) per R‑MU notes.
  • The M-2 district allows an exception up to 100 ft (base 60 ft; 30 ft when contiguous to residential) per M‑2 notes.
  • The A-C, D-MU, and C-G chapters include references to height “exceptions,” though the stated maxima match base heights as written; confirm district-specific applicability during review (A‑C, D‑MU, C‑G notes).

Related topics that often come up in these reviews include Biggs Landscaping and Screening, Biggs Signage, and Biggs ADUs; ensure your request is coordinated with any Biggs Overlay Districts that could limit relief. If your proposal involves housing, also consult California housing laws and California ADU law for state constraints that local variances cannot override.

Checklist

  • Choose the right tool: variance (hardship-based, hearing) vs. exception (narrow standard, often administrative) (BMC §§ 14.70.010; 14.180.010–.020).
  • Confirm the standard and district: cite the exact section you seek relief from; check any district-specific exception language (e.g., height notes in C-O, R-MU, M-2) (see above district cites).
  • Prepare findings:
    • Variance: document site-specific exceptional circumstances; show equal property rights, no detriment, plan consistency (BMC § 14.70.030).
    • Exception: show special circumstances and no detriment (BMC § 14.180.060).
  • File a complete application with required fee; include plans and any materials requested by staff (BMC § 14.180.030; variance application procedures follow Chapter 14.30).
  • Track hearings and notice: Variances require a Planning Commission hearing; exceptions only if forwarded to the Commission, with 300‑ft mailed notice (BMC §§ 14.70.020; 14.180.040).
  • Mind effective dates and appeals windows: Decisions are generally effective on the 16th day unless appealed (BMC § 14.30.080; exceptions specify effective dates in the decision letter) (BMC § 14.180.090).
  • Exercise your approval within one year if no other period is set; request extensions before expiration (BMC §§ 14.30.100–.110; 14.180.090–.110).
  • Avoid prohibited-use variances; for disability access, use the reasonable accommodation process instead (BMC §§ 14.20.1020; 14.110.045).
  • Coordinate with any required Biggs Design Review and site standards like Biggs Parking.

Risks & Ambiguities

Issue Why it matters What to verify
Height “exceptions” that mirror base heights in some districts (e.g., C-G, D-MU, A-C) The notes reference exceptions but list caps equal to the base standard, creating confusion on added relief Confirm with Planning staff how Chapter 14.180 is applied in those districts and whether district-specific caps are truly extendable.
Appeals of Planning Commission variance decisions Affects when a decision is final and effective The general procedures chapter references appeals and a 16‑day effective period; details for appealing Commission variance decisions were not found in retrieved materials. Verify with the jurisdiction.
Industrial height near residential (M‑2) M‑2 caps height to 30 ft when contiguous to residential; exceptions can go much higher Verify adjacency and mapping, and whether buffering/conditions are required with height exceptions.
Using a variance for a prohibited use Variances can’t legalize prohibited uses Confirm the use table before filing; if a use is not permitted/conditional in the district, a variance won’t fix it (BMC § 14.20.1020).
Choosing exception vs. variance for residential eaves or fences The wrong path adds delay For minor adjustments like eaves/fences, the exception route is designed for administrative relief (BMC § 14.180.020).
Interaction with Biggs Overlay Districts or Biggs Historic Preservation Overlays/historic rules can constrain relief Confirm overlay/historic requirements; some height exceptions are tied to enhancing historic character (BMC § 14.180.020(4)).
Lapsing/vesting Approvals expire if not exercised; nonuse can void them Track the one‑year exercise and nonuse rules and seek extensions early (BMC §§ 14.30.100–.120; 14.180.090–.110).

Plain-English Summary

If your Biggs project needs relief from a zoning rule, start with exceptions for small, clearly listed items (like fence height or eaves) that staff can often approve without a hearing. For broader relief, a variance requires a Planning Commission hearing and strong evidence that your lot’s unique conditions make the rule unworkable, that neighbors won’t be harmed, and that the change still fits the city’s plans. Decisions take time to become final, expire if not used within a year, and can be revoked if conditions aren’t followed.

Source References

  • BMC § 14.70.010–.040 (Variances: purpose, Commission action, findings, conditions)
  • BMC § 14.30.070–.130 (Procedures: written findings, effective date, issuance, expiration, extensions, nonuse, revocation)
  • BMC § 14.20.1020 (Definition: Variance; cannot approve prohibited uses)
  • BMC § 14.180.010–.020 (Exceptions: purpose, authority, categories)
  • BMC § 14.180.040–.090 (Exceptions: notice, conditions, findings, notice of decision, effective date)
  • BMC § 14.180.100–.140 (Exceptions: run with land, extensions, amendments, revocation, reapplication bar)
  • BMC § 14.110.045 (Reasonable accommodations; separate from variances/exceptions)
  • BMC § 14.80.050 (Nonconforming: completion of work if variance/permit exercised)
  • BMC § 14.190.010–.020 (Districts designated; PD mechanism)
  • District references to exceptions: C-O height (BMC § 14.330.040(5)) ; R‑MU height (R‑MU table notes) ; M‑2 height (M‑2 notes) ; A‑C notes ; D‑MU notes ; C‑G notes

Sources

Retrieved passages

  • Biggs Zoning Code (§ 3) High relevance
  • Biggs Zoning Code (§ 1) High relevance
  • Biggs Zoning Code (chapter and) Medium relevance
  • Biggs Zoning Code (§ 1) Medium relevance
  • Biggs Zoning Code (§ 1) Medium relevance
  • CBC § 1 (§ 1) Medium relevance
  • Biggs Zoning Code (§ 1) Medium relevance
  • CBC § G107 (SECTION G107) Medium relevance
  • Biggs Zoning Code (Chapter 14.180.) High relevance
  • Biggs Zoning Code (§ 1) High relevance
  • Biggs Zoning Code (§ 1) High relevance
  • CBC § 14.170.090 (§ 14.170.090.) Medium relevance

Cited sections

Frequently asked questions

What’s the difference between a Biggs variance and an exception?

An exception is a narrow, standards-specific adjustment staff can often approve administratively (e.g., fence height, eaves), while a variance is broader relief requiring a Planning Commission hearing and hardship findings. Exceptions must meet special-circumstance/no‑detriment findings (BMC § 14.180.060). Variances require property-based exceptional circumstances, no detriment, and plan consistency (BMC § 14.70.030).

Can a variance let me build a use that’s not allowed in my zoning district?

No. Biggs prohibits using a variance to establish or expand a use that the zoning district does not allow. The presence of nonconforming or different-district uses nearby is not a basis for a variance (BMC § 14.20.1020).

Do exceptions need a public hearing?

Not if the City Planner processes them administratively. If the Planner forwards an exception to the Planning Commission, mailed notice must go to property owners within 300 feet and the Commission decides the request (BMC § 14.180.040).

How long do I have to use a variance or exception in Biggs?

Variance rights expire if not exercised within one year unless a different period or an extension is granted; approvals can also expire after one year of nonuse (BMC §§ 14.30.100–.120). Exceptions must be exercised within the set period or, if none, within one year, and may be extended if findings remain valid (BMC §§ 14.180.090–.110).

Who approves variances in Biggs?

The Planning Commission holds at least one public hearing and may approve, conditionally approve, or deny a variance (BMC § 14.70.020). Written findings must be prepared (BMC § 14.30.070).

Can I get a height exception in the C-O or M-2 districts?

Yes. In C‑O, the Planning Commission may grant an exception up to 50 ft (base 40 ft). In M‑2, it may grant an exception up to 100 ft (base 60 ft; 30 ft when adjacent to residential) (BMC § 14.330.040(5); M‑2 notes).

Are exceptions permanent?

Once exercised, an exception runs with the land, meaning it remains valid after a change of ownership. It can be revoked if conditions are violated (BMC §§ 14.180.100; 14.180.130).

I need a smaller eave than 18 inches on a home. Do I need a variance?

No. The residential eave minimum is 18 inches, but the City may allow smaller eaves via the exceptions process; typically, eaves under 12 inches are not acceptable (BMC §§ 14.110.110(1); 14.180.020(2)).

What if my request is about disability access?

Biggs uses a separate, ministerial “reasonable accommodation” process for disability-related relief, not a variance or exception. The Planning Director decides these within 30 days of a complete application (BMC § 14.110.045).

Can a variance or exception be revoked?

Yes. Variances may be revoked if conditions are violated or the use becomes a nuisance (BMC § 14.30.130). Exceptions may also be revoked for violations (BMC § 14.180.130).

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