Local zoning · Imperial

Imperial — Variances and Exceptions

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

Last reviewed: July 6, 2026

Overview

This page explains how variances and closely related, ordinance‑specific exceptions work under the City of Imperial Zoning Ordinance. It focuses on the governing chapters, what the Planning Commission can and cannot vary, required findings, timelines, and how requests play out across Imperial’s base districts like R‑1, C‑1/C‑2, and I‑1/I‑2. For broader context on districts and development standards, see the Imperial zoning & planning overview and Imperial Zoning.

In Imperial, a variance can relax development standards (e.g., setbacks, height, lot coverage) when a site’s special circumstances cause a hardship — but it cannot authorize a new use and it cannot grant a special privilege. All six variance findings must be met. § 24.19.410; § 24.19.440

What a variance can cover (and its limits)

Scope. The Planning Commission may vary standards for fences/walls, screening/landscaping, lot width/depth, yards, lot coverage, height, distances between structures, usable open space, signs, off‑street parking, and public street frontage. § 24.19.410(C)
Limits. Variances do not extend to use regulations and cannot permit a use otherwise disallowed in the zone. § 24.19.410(B); § 24.19.440(E)
Interaction with conditional uses. Flexibility for uses is provided via conditional use permits; any geometric/physical deviations still run through the variance section. § 24.19.410(B); § 24.19.335(B)

Process and timeline

Application content. File with the Planning Director; include ownership/agent statement, legal description, the precise nature of the variance and hardship, and scaled site plans (contours, structures, circulation, landscaping). § 24.19.415(A–E)
Fee. Set by City Council resolution. § 24.19.420
Hearing and notice. Public hearing with notice per § 24.19.630; Commission receives evidence focused on the required findings. § 24.19.425; § 24.19.630
Staff report. Issued at least seven days prior to hearing. § 24.19.430
Commission action. Decision within 30 days after the close of the hearing; approvals may be modified; sign variances can carry special expiry/periodic review conditions. § 24.19.435
Effective date and appeal. Decision takes effect after 10 days unless appealed to the City Council within 10 days. § 24.19.460; § 24.19.455
Lapse/renewal. Variances lapse after one year if not exercised; one additional one‑year renewal may be granted. § 24.19.465(A–B)
Revocation/new applications. Variances may be revoked for noncompliance; after denial or revocation, materially the same request on the same site must wait one year. § 24.19.470; § 24.19.475
Plan‑specific. Unless stated otherwise, a variance applies only to the plans submitted with the application. § 24.19.480

Required findings

The Planning Commission must make all six core findings:

Special circumstances (size, shape, topography, location, surroundings, or intended use) that deprive the property of privileges enjoyed by others in the same zone.
Necessary to preserve a substantial property right of similar properties nearby.
No material detriment to public health/safety/welfare or nearby properties.
Not a special privilege.
Does not allow a use not otherwise authorized by the zoning for the parcel.
Consistent with the General Plan. § 24.19.440(A–F)

Topic‑specific additions:

Signs. Commission may vary sign location and similar performance standards — but not area or height — and must also find the variance won’t detract from the city’s appearance and won’t create a safety hazard. § 24.19.445(A–B) . See Imperial Signage.
Parking. Additional findings include that present/future traffic volumes don’t reasonably require strict application, no spillover loading/parking will impede free traffic flow, and no safety hazard will be created. § 24.19.450(A–C) . See Imperial Parking.

Related nonconforming relief anchored to the variance section:

A conforming residential use that is nonconforming to side or rear yards may be enlarged through a variance if criteria — including being within the Town Core (south of Fifteenth, west of “M”, north of First, east of La Brucherie Road) — are met. § 24.17.130(E) . See Imperial Nonconforming Uses.

Administrative, ordinance‑specific exceptions (not general variances):

Wireless facilities. In administrative CUP reviews, the Planning Director may waive base‑zone setback/separation between towers by up to 50% to encourage co‑location; other “exceptions” to height limits are routed through CUP/variance hearing processes. § 26‑6; § 26‑7; height exception note in § 26‑6(e)(5)

How variances interact with other reviews

Conditional Use Permits. CUP conditions cannot substitute for a variance; deviations from dimensional standards are “separately administered” under the variance procedure. § 24.19.335(B)
Site Plan Review. Most projects (e.g., multi‑family, commercial, industrial) require design review (called Site Plan Review) in addition to any variance; site plan conditions do not waive standards unless a variance is granted. § 24.19.500–§ 24.19.520
Overlays. Overlay zones exist (SPPD, Specific Plan Overlay). Always check overlay provisions before pursuing a variance; overlay‑specific relief mechanisms vary. § 24.01.140; Verify with the jurisdiction.

District‑by‑district implications for variances

Below are the core purposes, typical uses, and key dimensional standards most often implicated by variances in Imperial’s districts. For full use lists and standards, see Imperial Development Standards and Imperial Land Use.

RR — Residential Rural

Purpose. Very low density, minimum lots ~1 acre; accommodates single‑family and continued agricultural/farm uses. § 24.03 (purpose summary)
Typical permitted uses. Single‑family dwellings; specified agricultural activities (with conditions). § 24.03.110(A–B)
Key standards. Front 40 ft, side 20 ft, rear 50 ft, coverage 35%, height 35 ft/2 stories. § 24.03.120(A)
Variance hotspots. Driveway geometry on flag lots, front/rear yard in rural frontage contexts. § 24.03.120(B)

RL — Residential Low Density

Purpose. Large‑lot single‑family, transitional areas outside the airport critical area. § 24.03 (purpose summary)
Uses. Single‑family; selected agricultural/4‑H/FFA activities with standards. § 24.03.110(A–B)
Standards. Front 30 ft, side 15 ft, rear 40 ft, coverage 35%, height 35 ft/2 stories. § 24.03.120(A)
Variance hotspots. Side yards on corner lots; access width on flag lots. § 24.03.120(B)

R‑1 — Residential Single‑Family

Purpose. Conventional single‑family neighborhoods. § 24.03 (purpose summary)
Uses. Single‑family; accessory living quarters; second units subject to standards. § 24.03.110(A)
Standards. Front 20 ft, side 5 ft, rear 10 ft, coverage 50%, height 35 ft/2 stories. § 24.03.120(A)
Variance hotspots. Rear yard encroachments for additions; garage conversions/covered parking reconfiguration. § 24.03.120(B)(8–9)

RC — Residential Condominium

Purpose. Attached residential/condominiums at medium densities. § RC purpose (residential zones summary)
Uses. Multiple dwellings/condominiums (rental/condo per tables). § 24.03.110(A)(7)
Standards. Front 20 ft, side 15 ft, rear 20 ft, coverage 50%, height 35 ft/2 stories. § 24.03.120(A)
Variance hotspots. Perimeter landscaping/setbacks at single‑family interfaces. § 24.03.120(B)(6–7)

RA — Residential Apartment

Purpose. Higher‑density apartments. § RA purpose (residential zones summary)
Uses. Multiple dwellings; accessory and common facilities per performance standards. § 24.03.110(A)(7); § 24.03.130(B)
Standards. Front 20 ft, side 10 ft, rear 10 ft, coverage 60%, height 35 ft/2 stories. § 24.03.120(A)
Variance hotspots. Private open space layout, distances between buildings. § 24.03.120(A)(12–13)

C‑1 — Commercial Neighborhood

Purpose. Neighborhood‑serving retail/office. § 24.05.110 (C zones)
Uses. Professional/admin offices, restaurants, retail (see tables). § 24.05.110; Verify with the jurisdiction for full list.
Standards. Front 12 ft, side 0/10 ft total, street‑side 20 ft, coverage 60%, height 35 ft/3 stories. § 24.05.130(A)
Variance hotspots. Street‑side yard on shallow/wedge parcels; shared‑parking findings. § 24.19.450

C‑2 — Commercial General

Purpose. Highway‑oriented retail/wholesale/services. § 24.05.110 (C zones)
Standards. Front 12 ft, side 0/10 ft total, street‑side 12 ft, coverage 60%, height 35 ft/3 stories. § 24.05.130(A)
Variance hotspots. Yard transitions next to residential (20‑ft buffer). § 24.05.130(A)(8)

VC — Village Commercial (Downtown)

Purpose. Downtown mixed‑use main‑street fabric; residential above/behind commercial by right subject to conditions. § 24.05.110; VC mixed‑use rules
Standards. Build‑to front 0 ft, side 0 ft, rear 0 ft, coverage 40%, height 35 ft/3 stories. § 24.05.130(A)
Variance hotspots. Zero‑lot‑line interfaces and historic context; coordinate early with Imperial Historic Preservation if relevant.

I‑1 — General Industrial and I‑2 — Rail‑Served Industrial

Purpose. Industrial districts (I‑2 emphasizes rail‑served sites). § 24.01.140 (zones established)
Typical permitted uses. Not found in retrieved materials.
Standards (both). Front 15 ft, side 5 ft each, street‑side 15 ft, rear 0 ft, coverage 60%, height 35 ft/2 stories; 10‑ft minimum between detached structures. § 24.07.130(A) table
Residential adjacency. Add a landscaped berm/wall/screening and a minimum 15‑ft setback when abutting residential. § 24.07.130(B)(1–3)
Variance hotspots. Street‑side yards and screening where rail geometry constrains building placement.

MHP — Mobile Home Park

Purpose/uses. Mobile home parks with common facilities. § 24.09.130(B)
Standards. Space coverage 55%, space front 15 ft, side 5 ft, site street‑side 20 ft, height 14 ft/1 story. § 24.09.130(A)
Variance hotspots. Internal spacing/screening and per‑space geometry on constrained tracts.

O‑S — Open Space

Purpose/uses. Resource/open space with limited accessory/seasonal uses (CUPs for certain activities). § 24.20.130–.140
Standards. Setback 20 ft, height ≤25 ft within 50 ft of right‑of‑way; no minimum lot area. § 24.20.140
Variance hotspots. Height within scenic corridors and utility placement; also see Imperial Overlay Districts.

Decision‑critical standards and variance levers (selected)

Topic	Standard (selected districts)	What a variance can address	Code Reference
R‑1 front/side/rear	20 ft / 5 ft / 10 ft	Reduce yard depths on hardship sites; still ensure no special privilege	§ 24.03.120(A); § 24.19.440
C‑1 street‑side yard	20 ft	Adjust for shallow/wedge parcels with traffic/safety findings for any parking relief	§ 24.05.130(A); § 24.19.450
I‑1 adjacency to R	15‑ft min setback + wall/landscape	Tailor buffers where rail geometry or utilities constrain layout	§ 24.07.130(B)
Signs (location)	Must meet sign code; area/height not varianced	Allow alternative placement if aesthetics/safety are maintained	§ 24.19.445
Parking count/layout	Per parking chapter	Allow reductions/alternatives with traffic/safety findings	§ 24.19.450

Checklist

Confirm your base district and any overlays; pull applicable dimensional standards. § 24.01.140; § 24.03; § 24.05; § 24.07
Draft a precise “ask” and hardship narrative tied to special site circumstances (size, shape, topography, location, surroundings, or intended use). § 24.19.415(D)
Prepare scaled plans showing all existing/proposed conditions, access, parking, and landscaping. § 24.19.415(E)
Address all six required findings in plain English; include any topic‑specific findings (signs/parking). § 24.19.440; § 24.19.445; § 24.19.450
Coordinate with Site Plan Review if your project also triggers design review. § 24.19.500–.520
File, pay fee, and track the 10‑day appeal window after decision. § 24.19.420; § 24.19.455–.460
Pull permits and diligently commence within one year to avoid lapse; seek a renewal if needed. § 24.19.465

Risks & Ambiguities

Issue	Why it matters	What to verify
Using a variance to “permit” a use	Variances cannot legalize a non‑permitted use	Confirm the use path is via CUP or rezoning; variances only modify development standards. § 24.19.410(B)
Sign area/height	Sign variances cannot increase area/height	Limit requests to placement or similar performance standards; build your record on aesthetics/safety. § 24.19.445
Parking reductions	Traffic/safety findings are mandatory	Provide a parking/traffic memo to support § 24.19.450(A–C) findings.
Plan drift after approval	Variances bind to submitted plans	If design changes, you may need an amendment or new variance. § 24.19.480
Lapse by inaction	Approvals expire after 1 year	Calendar your permit/pull/start dates; consider a one‑year renewal. § 24.19.465
Industrial buffering to R districts	Extra setbacks/walls/landscaping apply	If varying I‑zone yards, account for screening obligations. § 24.07.130(B)
Overlay rules	Overlays may add standards	Check Imperial Overlay Districts; “Not found in retrieved materials” for overlay‑specific variance paths; Verify with the jurisdiction.

Plain-English Summary

If your lot’s unusual shape, slope, location, or surroundings make it unfairly hard to meet a setback, height, or similar rule, Imperial lets you apply for a variance. You must show all six findings (hardship, no special privilege, no harm, etc.), and some topics like signs and parking require extra findings. Approvals take effect after 10 days, expire in a year if you don’t build, and only apply to the plans you submitted. § 24.19.410; § 24.19.440; § 24.19.445; § 24.19.450; § 24.19.460; § 24.19.465; § 24.19.480

Source References

§ 24.19.410–.480 (Variances: authority, application, hearings, findings, appeals, lapse, revocation, effect)
§ 24.19.445 (Signs: additional findings)
§ 24.19.450 (Parking: additional findings)
§ 24.19.335(B) (CUP: deviations separately administered as variances)
§ 24.19.500–.520 (Site Plan Review/design review)
§ 24.03.110; § 24.03.120; § 24.03.130 (Residential uses and standards)
§ 24.05.110; § 24.05.130 (Commercial purposes and standards)
§ 24.07.130 (Industrial standards and special requirements)
§ 24.09.130 (Mobile Home Park standards)
§ 24.20.130–.140 (Open Space uses/standards)
§ 24.17.130(E) (Variance mechanism for certain nonconforming residential expansions)
§ 24.01.140 (Zone designations including overlays)
§ 26‑6; § 26‑7 (Wireless facilities: administrative waivers and permitting)

Sources

Retrieved passages

Imperial Zoning Code (Section 24.19.440) High relevance
Imperial Zoning Code (Section 24.19.630) High relevance
Imperial Zoning Code (Section 24.19.440) High relevance
Imperial Zoning Code (Section 24.19.350) High relevance
Imperial Zoning Code (Section 24.19.440) High relevance
Imperial Zoning Code (SECTION 24.19.500) Medium relevance
CBC § 24.17.140 (Section 24.17.140) Medium relevance
Imperial Zoning Code (Section 24.19.585.) Medium relevance
Imperial Zoning Code (Section for) Medium relevance
CBC § G107 (SECTION G107) Medium relevance
Imperial Zoning Code (section or) Medium relevance
CBC § G107 (SECTION G107) Medium relevance
Imperial Zoning Code (Title 9) Medium relevance
Imperial Zoning Code Medium relevance
Imperial Zoning Code (Section 26-5.) Medium relevance
CBC § 24.01.180 (Section 24.01.180) Medium relevance
Imperial Zoning Code (Section 24.17.195) Medium relevance
Imperial Zoning Code (SECTION 24.19.500) Medium relevance
Imperial Zoning Code (Title 9.) Medium relevance
Imperial Zoning Code (Section 24.17.195) Medium relevance
Imperial Zoning Code (SECTION 24.17) Medium relevance
Imperial Zoning Code (title may) Medium relevance

Cited sections

§ 24.19.410–.480 (Variances: authority, application, hearings, findings, appeals, lapse, revocation, effect) (§ 24.19.410)
§ 24.19.445 (Signs: additional findings) (§ 24.19.445)
§ 24.19.450 (Parking: additional findings) (§ 24.19.450)
§ 24.19.335(B) (CUP: deviations separately administered as variances) (§ 24.19.335)
§ 24.19.500–.520 (Site Plan Review/design review) (§ 24.19.500)
§ 24.03.110; § 24.03.120; § 24.03.130 (Residential uses and standards) (§ 24.03.110)
§ 24.05.110; § 24.05.130 (Commercial purposes and standards) (§ 24.05.110)
§ 24.07.130 (Industrial standards and special requirements) (§ 24.07.130)
§ 24.09.130 (Mobile Home Park standards) (§ 24.09.130)
§ 24.20.130–.140 (Open Space uses/standards) (§ 24.20.130)
§ 24.17.130(E) (Variance mechanism for certain nonconforming residential expansions) (§ 24.17.130)
§ 24.01.140 (Zone designations including overlays) (§ 24.01.140)
§ 26‑6; § 26‑7 (Wireless facilities: administrative waivers and permitting) (§ 26)
Imperial_ZoningCode.md

Frequently asked questions

What does Imperial require to approve a zoning variance?

You must meet all six findings: special site circumstances causing hardship, preservation of a substantial property right, no material detriment, no special privilege, no unpermitted use, and General Plan consistency. § 24.19.440(A–F)

Can I get a variance to allow a use that’s not permitted in my zone?

No. Variances cannot authorize uses; they only modify physical standards. Use flexibility runs through conditional use permits or rezoning. § 24.19.410(B)

How long is a variance valid in Imperial?

A variance takes effect after 10 days (if not appealed) and lapses after one year unless you secure permits and begin work; one additional year may be granted on renewal. § 24.19.460; § 24.19.465

Can Imperial vary sign rules?

The Commission may vary sign location and similar performance standards, but not sign area or height, and must also find no harm to city appearance and safety. § 24.19.445(A–B)

Will a CUP alone let me reduce setbacks or parking?

No. Deviations from setbacks, height, coverage, or parking standards are separately administered as variances, even when a CUP is granted. § 24.19.335(B)

Is there any administrative “exception” outside the variance process?

Yes for wireless: during administrative CUP review, the Planning Director may waive base‑zone tower setbacks/separations by up to 50% to promote co‑location; other exceptions route through hearings. § 26‑6; § 26‑7; § 26‑6(e)(5)

Do I also need design review with my variance?

Often yes. Many residential subdivisions and all commercial/industrial projects require Site Plan Review (Imperial’s design review) in addition to any variance. § 24.19.500–.520

Can a nonconforming house expand closer to the property line?

Possibly, via a variance — and in limited cases within the Town Core with added findings — if all required variance criteria are satisfied. § 24.17.130(E)

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