Local zoning · Danville

Danville — Variances and Exceptions

Q: Can I get a variance to reduce front yard setback for my single‑family home?

Possibly — the single‑family districts are set in § 32-22 and the Code contemplates case‑by‑case relief; you must show why strict enforcement causes exceptional hardship and satisfy the findings required by the decision‑making sections (the Code tells the planning agency to apply the findings in Section 2‑8 and § 32‑3). Verify the exact findings with the Planning Division; the text of Sections 2‑8/32‑3 was not present in the retrieved materials. Not found in retrieved materials.

Q: Is there a quicker, administrative path for small departures downtown?

Yes — the Downtown Business District contains an Administrative Relief provision ( § 32-45.27 ) that allows limited administrative adjustments for small departures (e.g., modest setback/facade relief). Larger or precedent‑setting departures will still require a formal variance or Commission action.

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

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Last reviewed: July 2, 2026

Overview

Danville’s rules for variances and exceptions are located in Chapter XXXII (Planning and Land Use) of the Danville Municipal Code. The Code does not centralize a single “variance” chapter; instead variance authority and standards appear in topic-specific sections (for example, adult businesses, flood hazard variances, satellite antennas, downtown administrative relief) and rely on the decision-making / findings regime referenced elsewhere in the Code. See the adult-business variance rule at § 32-106.4 and the flood-hazard variance procedures at § 32-117.41–32-117.46 for concrete examples of how Danville treats different categories of variances.

Note: the Code repeatedly instructs decision-makers to make the findings required by other sections (for example, “Section 2-8” and “Section 32-3”) when granting a variance; the full text of those cross‑references was not present in the retrieved materials. Verify with the jurisdiction before filing. Not found in retrieved materials.

Important cross‑topics (linked inline once at first natural mention):

Setbacks and dimensional controls are in Danville’s Development Standards.
Proposals affecting vehicular access and parking should account for the Danville Parking rules.
Many projects in business areas go through Design Review.
Some locations or projects are subject to Overlay Districts.
Variances for accessory units interact with local ADU policy; see Danville ADUs and state guidance in California ADU law.
Technical construction exceptions still require compliance with the California Building Standards Code.
If a project touches an existing nonconforming layout, consult Danville Nonconforming Uses.

How Danville organizes variance/exception authority (what the code actually says)

Specific-use variances: The Code authorizes variances inside topic sections where the use or standard is regulated. For example, land‑use permits to relax adult-business location rules are handled under § 32-106.4 (granting and findings cross‑reference) and the location restrictions themselves are in § 32-106.3.
Floodplain/flood-hazard variances: Danville has a dedicated flood‑hazard division that defines procedures, standards and limits for flood‑variance relief (Divisions and sections § 32-117.31 – § 32-117.46). Flood variances must be the minimum necessary, cannot increase flood heights in a floodway, and trigger written notice and recordation requirements. See § 32-117.41 – § 32-117.46.
Topic-specific variance authority is also present for satellite antennas (land use or variance permits; see § 32-130.7), and the downtown code contains an Administrative Relief provision (Downtown Business District rules, § 32-45.27) to handle modest departures administratively.
All land use decisions (including variances) must be consistent with broader county/state plans where cited (for example, hazardous‑waste plan consistency per § 32-150.1).

District-by-district breakdown (where variances commonly arise)

Below are the Danville districts where variances/exceptions are commonly requested. Each subsection names the Danville code section that establishes the district and the types of deviations you are most likely to see. For district text the Code uses numbered sections (example: 32-22, 32-23, 32-45, etc.); citation points to those locations in the retrieved materials.

Single-Family Residential districts — 32-22

Purpose: control single‑family development pattern and lot dimensions.
Typical permitted uses: single‑family detached or attached houses, accessory uses (including ADUs as regulated in § 32-76).
Key dimensional standards (where variances are requested): front/side/rear setbacks and lot coverage; exact numeric standards are set in the single‑family district tables within § 32-22 (see Development Standards). See Development Standards.
Where it applies: citywide neighborhoods designated “single‑family” on the zoning map; variances for setbacks are evaluated under the applicable findings regime (cross‑referenced in district and special‑use sections). Verify with the jurisdiction for parcel‑specific setback rules.

D-1 Two-Family district — 32-23

Purpose: allow duplex/two‑unit development along corridors or in specific overlay areas.
Typical permitted uses: duplexes and accessory residential uses; conditional uses are handled via Land Use Permits.
Dimensional standards: lot area/width and setbacks are defined in the D‑1 table; requests to deviate are processed as variances or Land Use Permits per the review rules.

Multifamily districts — 32-24 – 32-29 (examples: M-30, M-25, M-20, M-13, M-8, M-35)

Purpose: regulate multi‑unit housing types with graduated density limits.
Typical uses: multi‑unit apartment/condo buildings, supportive and transitional housing as allowed by state law.
Where variances appear: height, setbacks, and parking relief (note: ADU and state housing laws may limit local discretion on some ADU‑related variances). See Danville ADUs and California ADU law.

Downtown Business District — 32-45 (including Administrative Relief § 32-45.27)

Purpose: encourage a pedestrian‑oriented mixed business core with specific urban design standards.
Typical uses: retail, restaurants, offices, limited residential above ground floor (subject to development plan).
Dimensional/development standards: building placement, architectural and landscaping rules are in § 32-45.22 – 32-45.26; Administrative Relief § 32-45.27 allows the Planning Director or Commission limited, expedited relief for small departures (e.g., minor setback or facade adjustments). Consult the downtown administrative relief rules for the scope of allowed exceptions.

Retail Business (R‑B) and General Commercial (C) — § 32-60, § 32-61

Purpose: provide locations for commercial uses serving the town and region.
Typical uses: retail, personal services, professional offices; conditional uses are processed via Land Use Permits.
Variance issues: parking location/stacking, signage, and setbacks are common variance topics; consult Danville Parking and Signage.

Planned Unit District — P‑1 (§ 32-63)

Purpose: site‑specific planned development where the Council approves a plan with its own standards.
Typical uses/dimensions: set by the approved Planned Unit District (PUD) ordinance or development plan; variances within P‑1 often require revisiting the PUD approvals. Verify with the Planning Division.

(If you need a district not listed here, tell me the parcel address and I will pull the exact district language and numeric standards from the code map and the district section. Verify with the jurisdiction for parcel‑specific application.)

Quick reference table — common variance/exception topics

Issue	What the Code says (short)	Code Reference
Adult business location relief	Land use permits to modify location restrictions can be granted but must satisfy the findings set by the planning agency (cross‑reference to decision findings).	§ 32-106.3 (location); § 32-106.4 (variance)
Floodplain / flood hazard variances	Flood variances only when minimum necessary; cannot be issued if floodway increases base flood elevations; applicant notice and recordation required.	§ 32-117.41–32-117.46
Downtown Administrative Relief	Downtown code authorizes limited administrative relief for small departures under § 32-45.27.	§ 32-45.27
Satellite antenna exceptions	Permits or variance authority for antennas; design and setback rules apply.	§ 32-130.7 (granting of land use/variance permits) and satellite standards in same article.
Consistency with county plans	All land use decisions (including variances) must be consistent with Contra Costa County hazardous waste plan where applicable.	§ 32-150.1

Checklist — what an applicant must generally provide (before a variance hearing)

A clear description of the requested deviation and the exact code standard(s) to be relieved (cite the district or use section).
A site plan and elevations showing the proposed project, existing conditions, and the standard(s) that would be violated without the variance.
Written findings tying the request to the Code’s required findings (the Danville Code tells the planning agency to make the findings required by Section 2-8 and Section 32-3; obtain those findings text from the Planning Division). Verify with the jurisdiction. Not found in retrieved materials.
An explanation demonstrating why the strict application of the standard causes an exceptional or unique hardship (for flood hazard variances, show why the variance is the minimum necessary). Cite § 32-117.44 for flood variance minimum‑necessary language.
Neighborhood notice / mailing list / publication proof per the applicable notice rules in Article IV (appeals/notice procedures). See the Planning Division for the precise mailing radius and timing.
Any technical studies required by the topic area (flood studies for flood variances; structural/engineering certification if encroachment in a floodway is claimed to have no increase in flood level). See flood division § 32-117.31 et seq.
Fees and any required recording (flood variance recipients receive written notice to be recorded in the chain of title — § 32-117.46).

Risks & Ambiguities

Issue	Why it matters	What to verify
Cross‑references to Section 2‑8 and Section 32‑3	The Code requires specific findings from those sections when granting some variances, but the exact text of those findings was not present in retrieved materials.	Obtain the full text of Section 2‑8 and § 32‑3 from Town staff or the authoritative municipal code online. Not found in retrieved materials.
Floodway elevation impacts	Flood variances are strictly limited where any increase in flood level could result in harm.	Get FEMA FIRM/FIS maps and an engineer’s hydrologic/hydraulic analysis before proposing a flood variance. See § 32-117.44.
Parcel‑specific overlay controls	Overlays (historic, scenic hillside, etc.) can add objective standards and limit variance scope.	Check the site’s overlay designations on the zoning map and applicable overlay chapters in Chapter XXXII (see Overlay Districts).
State ADU/housing preemption	State ADU rules limit some local controls; a variance or exception that conflicts with state ADU law may be precluded.	If the request involves an ADU, confirm interplay with § 32-76 and state law; see Danville ADUs and California ADU law.
Administrative relief vs. formal variance	Downtown administrative relief provisions allow quicker, smaller adjustments; larger departures need formal variance hearings.	Confirm whether the requested relief fits the Administrative Relief § 32-45.27 limits or requires a full variance.

Plain-English Summary

If your Danville property needs to break a zoning rule (setback, location, height, flood elevation, etc.), Danville evaluates the request as a topic‑specific variance or an administrative relief under the relevant section of Chapter XXXII; you must show the rule causes an exceptional hardship and that the variance is the minimum relief needed. Flood variances have additional technical tests and notice/recording requirements. Always verify the exact required findings with the Planning Division because the Code refers to other finding provisions not present in the retrieved materials.

Source References

Danville Municipal Code, Chapter XXXII (Planning and Land Use), various sections (adult businesses § 32-106.3–32-106.4)
Danville Municipal Code, Chapter XXXII — Flood Damage Prevention, Division 5 (flood variance procedures) § 32-117.41 – § 32-117.46
Danville Municipal Code, Downtown Business District and Administrative Relief § 32-45.20 – § 32-45.27
Danville Municipal Code, Satellite Antennas and Microwave Equipment, variance/permit authority § 32-130.7
Danville Municipal Code, District list (single family, multifamily, agricultural, commercial, PUD references) § 32-22 – § 32-63
Danville Municipal Code, Consistency with Contra Costa County Hazardous Waste Management Plan § 32-150.1

Sources

Retrieved passages

Danville Zoning Code (§ 66332) Medium relevance
CBC § 100 Medium relevance
Danville Zoning Code (§1) Medium relevance
Danville Zoning Code (Section 32-76) Medium relevance
CBC § 66321 (§ 66321) Medium relevance
Danville Zoning Code (§8-5703) Medium relevance
CEC § 66314 (§ 66314) Medium relevance
Danville Zoning Code (ARTICLE VIII) High relevance
CBC § G106 (SECTION G106) Medium relevance
Danville Zoning Code (§8-4302) Medium relevance
Danville Zoning Code (§84244) Medium relevance
Danville Zoning Code (§8-5702) Medium relevance
Danville Zoning Code (Section 2-8) Medium relevance
CBC § 8 (§8-4302) Medium relevance
Danville Zoning Code (§8-4302) Medium relevance
Danville Zoning Code (§84244) Medium relevance
Danville Zoning Code (Section 65974) Medium relevance
Danville Zoning Code (section shall) Medium relevance
Danville Zoning Code (§8-5703) Medium relevance
Danville Zoning Code (section shall) Medium relevance
Danville Zoning Code (§8-5702) Medium relevance
Danville Zoning Code (§2) Medium relevance
Danville Zoning Code (section would) Medium relevance
Danville Zoning Code (section would) Medium relevance
Danville Zoning Code (section would) Medium relevance
Danville Zoning Code (title of) Medium relevance

Cited sections

Official Danville code library

Frequently asked questions

What is a variance in Danville and where is the authority found?

A variance in Danville is a land‑use permit that allows deviation from a specific zoning standard when strict application would cause an exceptional or unique hardship; authority for variances appears inside the Code where the rule is set (for example adult business variances § 32-106.4) or in topic‑specific programs such as the flood variance procedure § 32-117.41–32-117.46.

Can I get a variance to reduce front yard setback for my single‑family home?

Possibly — the single‑family districts are set in § 32-22 and the Code contemplates case‑by‑case relief; you must show why strict enforcement causes exceptional hardship and satisfy the findings required by the decision‑making sections (the Code tells the planning agency to apply the findings in Section 2‑8 and § 32‑3). Verify the exact findings with the Planning Division; the text of Sections 2‑8/32‑3 was not present in the retrieved materials. Not found in retrieved materials.

Do floodplain variances work the same as other variances?

No — Danville’s flood‑hazard variance rules are stricter. Flood variances must be the minimum necessary and shall not be issued where they increase flood elevations in a designated floodway; they require written notice to the applicant and recordation in the chain of title. See § 32-117.41–32-117.46.

Is there a quicker, administrative path for small departures downtown?

Yes — the Downtown Business District contains an Administrative Relief provision (§ 32-45.27) that allows limited administrative adjustments for small departures (e.g., modest setback/facade relief). Larger or precedent‑setting departures will still require a formal variance or Commission action.

If my project needs fewer parking spaces than the standard, can I get relief?

Parking relief is handled under the town’s parking rules and the land‑use review for the district. Variances or adjustments on parking are processed through the land‑use permit process and must meet the required findings; see the town’s parking chapter and the district/overlay that applies to your parcel. See Danville Parking.

Do exceptions for satellite antennas exist?

Yes. The municipal code contains a satellite antenna article with numerical design limits and a provision authorizing land‑use or variance permits when needed; see the article that includes § 32-130.7 (granting of land use or variance permits) and the antenna design standards.

Will a variance allow me to ignore state ADU or building standards?

No. Local variances cannot override state law or the California Building Standards Code; any construction still must comply with Title 24 and applicable state ADU preemptions even if a local variance is granted. See Danville ADUs and California Building Standards Code. Verify permitability with Planning and Building.

Do I need to record anything if a variance is granted for a flood hazard?

Yes. If a flood hazard variance is granted, the applicant receives written notice that must be recorded so it appears in the parcel’s chain of title; this is required by the flood variance rules. See § 32-117.46.

What findings will the Planning Agency make for an adult‑business variance?

When the Code authorizes modification of adult‑business location provisions it requires that the planning agency make the findings required by Section 2‑8 and § 32‑3 (the Code cross‑references those finding provisions). Obtain the full text of Section 2‑8 and § 32‑3 from the Planning Division — their text was not present in the retrieved materials. Not found in retrieved materials.

Who should I call in Danville to check whether my parcel is eligible for a variance?

Contact the Danville Planning Division and request: (1) the zoning district and any overlay(s) for the parcel, (2) any flood‑hazard status (FIRM/FIS), and (3) the specific variance application checklist for the relevant Code section (for example downtown administrative relief vs. formal variance vs. flood variance). The Code indicates different sections apply depending on topic (see § 32-45, § 32-117, § 32-130) so coordinate with staff.

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