Local zoning · Hillsborough

Hillsborough — Variances and Exceptions

Q: Where are the Town’s residence districts listed and what are they called?

The Town’s zoning districts are established in Chapter 17.12.010 and include Traditional residential (RD‑1) , Mixed residential (RD‑2) , and Governmental and residential mixed use (RD‑3) — see § 17.12.010 and the uses table in § 17.16.010(B) § 17.12.010; § 17.16.010(B) .

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

Ask a question free See coverage

Last reviewed: July 2, 2026

Overview

This page explains how the Town of Hillsborough handles variances and exceptions under the Hillsborough Zoning Ordinance (Title 17). Variances (discretionary relief from objective zoning standards) are decided by the City Council; certain targeted exceptions—most notably the ADU/JADU exception process—are handled administratively with specific findings and design review. See the Town’s Hillsborough Zoning and Hillsborough Development Standards pages for context on the underlying standards referenced below. All quoted requirements below come from the Town ordinance; citations to the controlling §§ are shown next to each rule.

What the code says (topic-by-topic)

Variances are governed by Chapter 17.40: permitted when strict application of Title 17 is impractical because of the lot’s particular size, shape, topography, location, or surroundings; applications are set for a public hearing before the City Council and the Council must make the specific findings listed in the code before granting relief (§ 17.40.010–.020) .
A granted variance must be followed by design review consistent with the variance (see § 17.40.020.E and the Town’s Hillsborough Design Review procedures) § 17.40.020.E .
A variance lapses if the standard it relaxed is amended and no building permit based on the variance was issued before the amendment’s effective date (§ 17.40.030) § 17.40.030 .
ADU/JADU exceptions (when an ADU does not meet every local ADU standard) are handled under Chapter 17.52: the Director of Building & Planning (or designee) may permit an ADU that fails to meet some local ADU standards but only after the design review process and after making the stated findings in § 17.52.050.B § 17.52.050 .
Reasonable accommodations for persons with disabilities (requests for modification/exception to land use rules under state/federal fair housing laws) are handled under Chapter 17.42; requests are submitted to the City Planner and processed under the ordinance’s procedure (§ 17.42.010–.030) § 17.42.010–.030 .

Note: the Town’s ADU chapter contains many objective development metrics (height, setbacks, FAR, lot coverage, parking) that interact with variance/exception requests—see Chapter 17.52 for those ADU-specific standards and Hillsborough Parking for parking rules applicable to ADUs and other uses § 17.52.020–.050 .

District-by-district breakdown (where variances/exceptions apply)

The ordinance establishes three residence districts. Each district block below summarizes purpose, typical permitted uses, and the key development standards that most often trigger variance requests (setbacks, height, lot coverage). For full use and standards tables, consult the cited §§.

RD-1 (Traditional residential)

Purpose: preserve single‑family neighborhood character; limit density to large lot single-family development. See § 17.16.010(B)(1) for intent. § 17.12.010; § 17.16.010(B)(1) .
Typical permitted uses: single‑family dwellings, accessory structures, country club (site-specific), home business (special permit), ADUs (allowed) — summarized in the uses table at § 17.16.010(B) § 17.16.010(B) .
Key dimensional standards that commonly prompt variance requests: street-line setback 25 ft, interior setback 20 ft, and the Town building envelope/height limits (building envelope rises 22 ft then a 45° plane to max 32 ft) — see §§ 17.24.020 and 17.28.010 § 17.24.020; § 17.28.010 .
Where it applies: Town zoning map designates RD-1 parcels; the Zoning Map is maintained with the City Clerk (§ 17.04.030) § 17.04.030 .

RD-2 (Mixed residential)

Purpose: allow townhomes and multifamily on limited town‑owned land; minimum density stated in § 17.16.010(B)(2) § 17.16.010(B)(2) .
Typical permitted uses: multi‑family housing, town facilities, public parks, ADUs where allowed, emergency shelter (subject to objective standards) — see § 17.16.010(B) § 17.16.010(B) .
Key standards: the same base setback and height scheme applies (see 17.24 and 17.28) but density and parking rules differ and therefore are frequent subjects of variance/concession conversations; check Chapter 17.36 for parking rules and Hillsborough Parking § 17.24.020; § 17.28.010; § 17.36.010 .
Where it applies: defined in § 17.12.010 and mapped on the Town zoning map § 17.12.010; § 17.04.030 .

RD-3 (Governmental & residential mixed use)

Purpose: accommodates town facilities and limited residential on town‑owned land; see § 17.16.010(B)(3) § 17.16.010(B)(3) .
Typical permitted uses: town facilities, limited residential, public buildings, public utilities, ADUs where applicable — see § 17.16.010(B) § 17.16.010(B) .
Key standards: setback, height, and lot coverage standards in Chapters 17.24, 17.28, and 17.32 apply and may be the subject of variance requests when strict compliance is impractical (§ 17.40.010) § 17.24.020; § 17.28.010; § 17.32.060; § 17.40.010 .

Most decision-relevant standards and uses (table)

What a variance/exception typically touches	What the code requires (short)	Code reference
When a variance is allowed	To modify a Title 17 requirement when special circumstances of the parcel (size, shape, topography, location, surroundings, or physical conditions) make strict compliance impractical; personal/financial hardship is explicitly not a proper basis (§ 17.40.010, § 17.40.020.D.1)	§ 17.40.010; § 17.40.020.D
Variance decision-maker & process	Application to Planning Office; public hearing before City Council; notice per Chapter 1.20 (Type A notices) (§ 17.40.020.A–C)	§ 17.40.020.A–C
Variance findings (must both be made)	(1) special circumstances deprive property of privileges enjoyed by others; (2) granting will not be special privilege inconsistent with vicinity (§ 17.40.020.D.1–2)	§ 17.40.020.D.1–2
Lapse rule	Variance lapses if the underlying requirement is amended and no building permit based on the variance was issued before the amendment effective date (§ 17.40.030)	§ 17.40.030
ADU Exception (non‑conforming to ADU standards)	Director (or designee) may permit an ADU not meeting all Section 17.52.020 standards if it undergoes design review and the findings in § 17.52.050.B are satisfied (consistency with GP, code, design guidelines; is public‑noticed; not a welfare/health risk; etc.)	§ 17.52.050.A–B
ADU objective standards most often at issue	Setbacks (usually 25 ft front, 4 ft side/rear minimum for detached limited ADUs), height (detached typically 16–18 ft or higher per exceptions), FAR/lot coverage (see Table 17.52.020‑1) § 17.52.020.E.6–7; Table 17.52.020‑1

How the decision process differs: Variance vs ADU exception vs Reasonable Accommodation

Variance: discretionary, Council-level, public hearing, two strict findings required (§ 17.40.020) § 17.40.020 .
ADU Exception: administrative (Director or designee) but requires design review and explicit findings (consistency with GP, code, design guidelines, public notice as "type B"); treated as a Type B design‑review project (§ 17.52.050) § 17.52.050 .
Reasonable Accommodation (for disability access): processed under 17.42; legal standard and process are specialized and may require different findings and timelines (§ 17.42.010–.030) § 17.42.010–.030 .

For design and visual compatibility issues you will interact with the Hillsborough Design Review process; for parking effects see Hillsborough Parking; for overlay questions see Hillsborough Overlay Districts; and for how the Town measures setbacks and FAR consult Hillsborough Development Standards. All of those are used by staff and decision-makers when evaluating findings.

Checklist (what an applicant must assemble)

Signed application form and fee to the Planning Office (variance fee set by Council resolution) (§ 17.40.020.A) .
Site plan showing parcel shape, slope, setback lines, existing improvements, and the exact departure requested (dimensioned). Verify measurement rules in § 17.24.030. § 17.24.030 .
Written narrative addressing the required findings: explain the parcel’s special circumstances (size, shape, topography, physical conditions) and demonstrate the requested relief will not create a “special privilege” for the property (§ 17.40.020.D.1–2) § 17.40.020.D.1–2 .
For an ADU exception: evidence of consistency with the General Plan and residential design guidelines; completed design review submittal; proof of public notice per § 17.52.050.B.5–6 § 17.52.050.B.1–6 .
Photos and elevations showing how project sits relative to neighbors (to help with the “no special privilege / no adverse effect” analysis). See design review expectations in Chapter 2.12 (design review). § 17.40.020.E; Ch. 2.12 .
If requesting reasonable accommodation for disability, submit a letter to the City Planner describing the requested accommodation and supporting documentation as set out in § 17.42.030 § 17.42.030 .

Risks & Ambiguities

Issue	Why it matters	What to verify
Personal/financial hardship argument	Not an acceptable basis for variance — the code explicitly excludes these as grounds (§ 17.40.020.D.1)	Confirm your hardship is property‑based (size, shape, topography) not personal; otherwise denial is likely § 17.40.020.D.1
Lapse on code amendment	A variance can lapse if the ordinance standard is changed and no building permit based on the variance was issued before the amendment (§ 17.40.030)	If the code is being updated, confirm effective dates and whether your permit will be issued before amendments; otherwise consider filing promptly § 17.40.030
Overlap with ADU rules and State law	ADU exceptions are tightly tied to Chapter 17.52 and state ADU laws; state law limits what local jurisdictions can require for ADUs (e.g., owner-occupancy and parking limits)	Verify which standards are objective versus discretionary; state law may preempt local requirements — consult Chapter 17.52 and State ADU law guidance § 17.52.020; Gov. Code references (see Chapter 17.52 notes)
Parcel-specific overlays or historic resource	Special overlays or historic designation can modify how exceptions are handled (historic resources specifically trigger ADU exception process) (§ 17.52.020.E.10.e)	Check whether the property is in an overlay district or listed resource via the zoning map or the Town’s Hillsborough Overlay Districts § 17.52.020.E.10.e
Design review outcome	A Council‑granted variance still requires design review approval; design review can impose conditions (§ 17.40.020.E)	Early coordination with design review staff and the architecture & design review board reduces risk — consult Chapter 2.12 and the Hillsborough Design Review page § 17.40.020.E

Plain-English summary

If your Hillsborough property can’t meet an objective zoning rule because of the shape or physical condition of the lot, you can ask the Town for relief — a variance (City Council, public hearing) or, for many ADU shortfalls, an ADU exception (administrative with design review). You must show the problem is particular to the property (not your wallet) and that approval won’t be a special benefit other properties don’t have; ADU exceptions have a separate, shorter findings list and design‑review steps. See § 17.40 (variances) and § 17.52 (ADU exceptions) for the exact rules § 17.40.010–.030; § 17.52.050 .

Source References

Hillsborough Municipal Code, Title 17 — Zoning (Title overview and chapters) § 17.04.010–.030
Chapter 17.40 — Variances: § 17.40.010, § 17.40.020, § 17.40.030, § 17.40.040
Chapter 17.52 — Accessory Dwelling Units and ADU exceptions: § 17.52.020, § 17.52.050 (findings for ADU exceptions) and Table 17.52.020‑1
Chapter 17.42 — Reasonable accommodation process (Fair Housing) § 17.42.010–.030
Setback & measurement rules: § 17.24.020, § 17.24.030
Height/building envelope: Chapter 17.28 (esp. § 17.28.010)
Uses permitted and district descriptions: § 17.12.010 (zoning districts) and § 17.16.010(B) (uses table for RD‑1, RD‑2, RD‑3) § 17.12.010; § 17.16.010(B)

If you want scanned copies or direct printouts of any single § from the Town code I used here, tell me which § and I’ll pull the exact snippet for you. Verify parcel‑specific questions with the Town of Hillsborough planning staff and the zoning map on file with the City Clerk (§ 17.04.030) § 17.04.030 .

Sources

Retrieved passages

Hillsborough Zoning Code (§ 16) High relevance
Hillsborough Zoning Code (Chapter 2.12) High relevance
Hillsborough Zoning Code (§ 3) High relevance
California Fire Code High relevance
Hillsborough Zoning Code (Section 17.52.020) High relevance
California Fire Code High relevance
Hillsborough Zoning Code (§ 19) High relevance
CBC § 3 (Section 65852.2) Medium relevance
California Fire Code High relevance
CBC § 65852.2 (Section 65852.2) Medium relevance
Hillsborough Zoning Code (Section 26001) Medium relevance
Hillsborough Zoning Code (Chapter 17.54) Medium relevance
Hillsborough Zoning Code (Section 21155) Medium relevance
Hillsborough Zoning Code (§ 3) Medium relevance
Hillsborough Zoning Code (chapter if) Medium relevance
Hillsborough Zoning Code (section 66333) Medium relevance
Hillsborough Zoning Code (section is) Medium relevance
California Fire Code (chapter is) Medium relevance
Hillsborough Zoning Code (§ 16) Medium relevance
Hillsborough Zoning Code (section are) Medium relevance
Hillsborough Zoning Code (Section 17.24.030) Medium relevance
Hillsborough Zoning Code (Section 801.5) Medium relevance

Cited sections

Official Hillsborough code library

Frequently asked questions

What findings must the Town make to grant a variance in Hillsborough?

The City Council must find both (1) special circumstances of the property (size, shape, topography, location, surroundings, or physical condition) make strict application impractical, and (2) granting the variance will not create a special privilege inconsistent with nearby properties (§ 17.40.020.D.1–2) .

Who decides an ADU exception and what findings are required?

The Director of Building & Planning (or designee) may approve an ADU exception but only after design review and if the findings in § 17.52.050.B are made (consistency with the general plan and zoning, residential design guidelines, other land use policies; design review completed; public notice as a Type B project; no risk to public welfare or safety) § 17.52.050.B .

If my lot is oddly shaped, can I get a front‑setback variance?

Possibly — a variance is intended for parcels where the lot’s size, shape, topography, location or surroundings make strict compliance impractical; you must submit an application and convince the City Council with the two required findings (§ 17.40.010; § 17.40.020) § 17.40.010; § 17.40.020 .

Does a variance stay valid forever once granted?

No. A variance is valid only so long as the requirement it modifies is not amended; if the code standard is changed and no building permit based on the variance has been issued before the amendment’s effective date, the variance lapses (§ 17.40.030) § 17.40.030 .

Do ADU exceptions allow ignoring all ADU design standards?

No. An ADU that fails to meet some standards may still be permitted via the ADU exception procedure, but the ADU must go through design review and the Director must make the specific findings in § 17.52.050; some state ADU requirements still bind local action (Chapter 17.52 notes) § 17.52.050; § 17.52.020 .

Can requests for reasonable accommodation (disability access) use the variance process?

Reasonable accommodation requests are handled under Chapter 17.42 with their own procedure; they can request modification or exception to Land Use Rules to remove barriers to housing for persons with disabilities (§ 17.42.010–.030) § 17.42.010–.030 .

Are personal or financial hardships valid reasons for a variance?

No. The Hillsborough code explicitly excludes personal, family, or financial difficulties (and loss of prospective profits) as a basis for a variance — the allowed grounds are property‑based conditions like size, shape, topography, or surroundings (§ 17.40.020.D.1) § 17.40.020.D.1 .

If my ADU is on a historic resource, does that change the process?

Yes — ADUs on lots with identified historic resources are subject to the ADU exception process under § 17.52.020.E.10.e, meaning the exception/design review path applies and historic/resource considerations become central (§ 17.52.020.E.10.e; § 17.52.050) § 17.52.020.E.10.e; § 17.52.050 .

Does a granted variance remove the need for design review?

No. The ordinance requires that once a variance is granted, the property owner shall apply for design review approval consistent with the variance (see § 17.40.020.E) § 17.40.020.E .

Where are the Town’s residence districts listed and what are they called?

The Town’s zoning districts are established in Chapter 17.12.010 and include Traditional residential (RD‑1), Mixed residential (RD‑2), and Governmental and residential mixed use (RD‑3) — see § 17.12.010 and the uses table in § 17.16.010(B) § 17.12.010; § 17.16.010(B) .

Ask about any Hillsborough property

Get a cited, plain-English answer on Hillsborough zoning, setbacks, FAR, ADUs and permits — for any address.

Start Free Trial