Local zoning · Kerman

Kerman — Variances and Exceptions

Q: When can the Director grant a minor deviation instead of a variance?

The Director may grant a minor deviation for limited adjustments (e.g., certain sign-area increases or small encroachments) where the code permits and where a finding of practical difficulty or unnecessary hardship is supported. See § 17.90.010 and sign-specific rules at § 17.30.110 ; items excluded from minor deviation (e.g., prohibited signs) must use a variance .

Q: What findings will the Planning Commission look for in a variance application?

The Commission must find (per § 17.88.030(C) ) that: the relief won’t be a special privilege; exceptional circumstances make strict application impractical; the variance won’t conflict with the title’s intent or public health/safety; the variance isn’t for a use not allowed in the zone; and that it is not granted solely for economic reasons .

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

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Last reviewed: July 3, 2026

Overview

Kerman’s zoning code (Title 17) distinguishes formal variance permits, administrative minor deviations, and specific waivers/reductions (e.g., for density-bonus projects). Variances are discretionary, handled by the Planning Commission with appeal to the City Council; minor deviations and some administrative waivers are handled by the Community Development Director. The controlling variance rules appear in § 17.88.010–.060 (Variance Permit), administrative deviation rules in § 17.90.010, and statutory waiver rules for density bonus projects in § 17.42.080 .

Note: this page covers only what the Kerman zoning code says about variances/exceptions/adjustments/waivers — for parking, building codes, or ADU-specific state law see the linked topics below.

First mentions of related topics (internal links):
- parking — Kerman Parking
- design review — Kerman Design Review
- Development Standards — Kerman Development Standards
- ADUs — Kerman ADUs
- signage — Kerman Signage
- overlay rules — Kerman Overlay Districts
- California Building Standards Code — California Building Standards Code

What Kerman calls the different remedies (quick map)

Variance permit — discretionary, Planning Commission hearing; findings required; appeals to City Council (see § 17.88.010–.060) .
Minor deviation permit — administrative relief by the Director for limited adjustments (example: sign area, limited encroachments) (see § 17.90.010 and sign-specific § 17.30.110) .
Waiver or reduction for density-bonus projects — statutorily framed waivers tied to Government Code § 65915; Kerman’s standards and required findings are in § 17.42.080 (waivers/reductions) and related density-bonus sections § 17.42.010–.120 .
Development Plan/Combining zone modifications — combining zones (PD, SD, IBA) may allow modifications through the development plan review process (see Chapter 17.18 and § 17.96.020) .

Decision standards and process (short synthesis)

Variances are intended to address “practical difficulties” or “unnecessary hardships” caused by physical site characteristics (size, shape, topography, surroundings) and must not be economic-relief-only. The Commission may grant a variance only if it can make the set of findings listed in § 17.88.030(C)(1)–(5); these include avoiding special privileges, demonstrating exceptional circumstances, and ensuring no conflict with public health, safety, and the Title’s intent .
The Planning Commission holds a noticed public hearing under the public‑notice rules and issues a resolution (approve/deny/condition) that includes the required findings; Commission decisions can be appealed to the City Council per § 17.88.040–.050 and Chapter 17.114 (Appeals) .
Administrative relief (minor deviation) is for limited, enumerated adjustments and requires that the Director find a practical difficulty/unnecessary hardship; some topics (e.g., certain prohibited signs) are excluded from minor deviation and must use a variance instead (see § 17.30.110 and § 17.90.010) .
For density-bonus waivers/reductions, the city must approve requests unless it makes written findings supported by substantial evidence that the waiver would either be contrary to state or federal law or would have a specific adverse impact that cannot be mitigated (see § 17.42.080 and related density-bonus provisions) .
The Director has authority over many administrative permits (including minor deviations) (see § 17.110.040) and the Development Review Committee (DRC) may advise on permit conditions .

District-by-district (how variances / exceptions play out in each Kerman district)

Below are the primary zone families in the Kerman code with the local names and the code sections that establish their standards. Each subsection summarizes the zone purpose, typical uses (as the code lists them), key dimensional standards relevant to variance requests, and where those zones apply in the process.

Residential zones — RR, RR-43, RR-100, R-1-7, R-1-12, R-2, R-3

Purpose & typical uses: low- to higher-density housing, accessory structures, and related residential uses per Table 17.10-1 (Land Use Regulations—Residential Zones) and Chapter 17.10 .
Key dimensional standards: minimum parcel widths/depths, yard setbacks, and maximum heights are set out in Table 17.10-2 and § 17.10.030 (e.g., front setbacks and side yards vary by zone — see Table 17.10-2) . Typical numeric examples the code uses (for scan): R-1-7 parcel widths and front/rear/side yard figures are in Table 17.10-2 and § 17.10.030; accessory structures encroachment allowances and minor-deviation examples are noted in the same chapter .
Where exceptions come up: common variance requests in residential zones are for reduced setbacks, increased lot coverage, and small height exceptions; small encroachments (e.g., covered patios) may be processed as a minor deviation when the code specifically allows it (see covered patio encroachment and the minor deviation rules in § 17.10.040 and § 17.90.010) .

Commercial / Mixed-Use zones — CG, CN, CS, MU, PA

Purpose & typical uses: retail, services, offices, neighborhood commercial activity — see Table 17.12‑1 and Chapter 17.12 (Land Use Regulations—Commercial, Office, and Mixed-Use Zones) .
Key dimensional standards: front-yard setbacks vary by roadway (examples: 20 ft standard front setback on many frontages, with special rules for Madera/Whitesbridge) and FAR rules for nonresidential uses in § 17.12.030–.040; signage standards tie to Chapter 17.30 (see signage link above) .
Where exceptions come up: variances or minor deviations commonly used for signage area or placement (sign‑specific minor deviations are in § 17.30.110; prohibited-sign relief must use a variance per § 17.30.110(D)) and for parking reductions (see the density-bonus/parking waiver route in § 17.42.080–.090) .

Industrial zones — M-1 (Light Manufacturing) and M-2 (Heavy Manufacturing)

Purpose & typical uses: industrial and manufacturing operations; uses and permit types listed in Chapter 17.14 (Development Standards—Industrial Zones) and Table 17.14-2 (Development Standards--Industrial Zones) .
Key dimensional standards: FAR 0.3, parcel-size minima, 55‑ft height caps, and large setbacks where adjacent to residential zones (see § 17.14.030 and table) .
Where exceptions come up: variances may be requested for yard reductions or sign/tower exceptions (wireless towers handled specially — see § 17.40.070 references in the industrial use table) and IBA combining rules may add additional process (see next subsection) .

Public & Quasi-public zones — O, UR

Purpose & typical uses: schools, public services, parks; development standards in Chapter 17.16 (Development Standards—Public and Quasi-Public Zones) .
Key dimensional standards: large parcel minimums (e.g., 5 acres in some public use designations), height limits (typically 35 ft), and specified yard dimensions — see Table 17.16‑2 and § 17.16.030 .
Where exceptions come up: variances may be used for programmatic site needs (e.g., a public facility needing a reduced setback), but specific public-project exceptions are handled case-by-case and still require findings consistent with § 17.88.030 .

Combining zones (design flexibility) — PD (Planned Development), SD (Smart Residential Development), IBA (Industrial Boulevard Area)

Purpose & typical uses: combining zones are overlays to provide design flexibility; PD promotes cluster/design flexibility and is implemented under § 17.18.020; SD focuses on “smart growth” design standards under § 17.18.030; IBA adds corridor-specific industrial standards in § 17.18.040 .
Key dimensional standards: PD/SD allow the development plan review process to adjust setbacks, heights, coverage, and open space in many cases (the development plan review may modify applicable development standards but not general plan density) — see § 17.96.020(C) and the combining-zone chapters § 17.18.020–.040 .
Where exceptions come up: the correct path for relief in a combining zone is usually the development plan review permit (not a variance) because the development plan process explicitly authorizes modifications of development standards subject to required findings; however, a variance can still be used where the development plan does not or cannot authorize a specific relief (Verify with the jurisdiction) .

Rules, findings, and evidence — what the code requires

Variance findings (must be demonstrated in the record by the Commission): 1) no special privilege (conditions ensure parity with nearby properties); 2) exceptional circumstances (size/shape/topography/location/surroundings); 3) consistency with title intent and public safety/health/welfare; 4) not a variance for a use not allowed in the zone; 5) not granted on economic grounds. See § 17.88.030(C)(1)–(5) .
Director-level minor deviations: must show a practical difficulty or unnecessary hardship and the Director must make findings. Minor deviations are limited in scope (e.g., sign-area adjustments up to a stated percentage) and some prohibited items (certain sign types) are excluded and must use a variance (see § 17.30.110 and § 17.90.010) .
Density-bonus waivers/reductions: applicant must demonstrate that a development standard physically prevents construction; the city must approve unless it finds (in writing, based on substantial evidence) that approval would violate state/federal law or create unmitigable specific adverse impacts (§ 17.42.080(D)–(E) and related density-bonus sections) .
Administrative authority and appeals: the Director handles many administrative permits including minor deviations; the Commission is the hearing body for variances; appeals follow Chapter 17.114 (Appeals) and § 17.88.050 for variance appeals .

Table — quick reference of decision‑relevant standards / paths

Remedy	When to use	Who decides	Most relevant code citation	Code reference
Variance permit	Physical features create practical difficulty; relief beyond administrative limits	Planning Commission (appeal to City Council)	Make findings in § 17.88.030	§ 17.88.010–.060
Minor deviation (administrative)	Small adjustments (e.g., limited sign area, small encroachments) explicitly allowed	Director (administrative)	Findings of practical difficulty; limited scope; sign exclusions	§ 17.90.010 and § 17.30.110
Density-bonus waiver/reduction	For density-bonus housing projects where a standard physically prevents construction	Director/Commission/Council per process; city must follow state law	City must approve unless written findings and substantial evidence show adverse impacts or legal conflict	§ 17.42.080 and Chapter 17.42
Development plan review (combining zones)	Modifying standards in PD/SD/IBA via the combining-zone process	Planning Commission (development plan review)	Development plan review may modify standards (but not increase General Plan density)	§ 17.96.020(C) and Chapter 17.18

Checklist (what an applicant must satisfy / submit)

Completed variance/minor deviation application and fee as set by the Director (see § 17.88.020 / § 17.90.010) .
Scaled site plan(s), elevations, and any diagrams required by the Director or Chapter 17.80 (site plan review filing requirements) — show setbacks, lot lines, dimensions, and proposed deviation clearly .
Written narrative demonstrating the required findings: exceptional circumstances/practical difficulty; explanation why relief is the minimum necessary; demonstration that variance is not solely for economic benefit — reference § 17.88.030(C) for variances or the minor deviation finding language for administrative relief .
For density-bonus waiver requests: documentation showing the development cannot be physically constructed without the waiver/reduction and analysis addressing the state-law tests in § 17.42.080 and Chapter 17.42; include any affordable-housing agreements required by § 17.42.040 .
Evidence of neighbor noticing/assessments as required by Chapter 17.116 (public noticing rules for public hearings) when a Commission hearing is required .
If in a combining zone (PD/SD/IBA), include a development plan submittal per § 17.96.040 (development plan review application contents) — combining‑zone relief often proceeds through that process instead of a variance .
Verify any required parking adjustments or sign adjustments against Chapters 17.28 and 17.30 respectively; some parking reductions for density-bonus projects have a separate statutory route (see § 17.42.090) — see the Kerman parking and signage pages for related requirements .

Risks & Ambiguities

Issue	Why it matters	What to verify
Scope of “practical difficulty” vs. purely economic hardship	Code explicitly prohibits granting a variance solely for economic reasons; appeals commonly hinge on record evidence	Confirm how your hardship is tied to physical site conditions and document that with site plans and photos; cite § 17.88.030(C)(5)
When to use development-plan-review vs. variance	Combining zones (PD/SD) are designed to allow modifications via development plan review; choosing the wrong path delays approval	If property sits in a combining zone, follow Chapter 17.18 and § 17.96.020, and consult the Director early — “Verify with the jurisdiction”
Minor deviation limits (signs, patios, etc.)	Some topics are excluded from minor deviation and must use a variance; the code gives numerical limits for sign area adjustments	Confirm whether your requested relief is expressly allowed in § 17.30.110 or falls outside the Director’s minor-deviation authority; if excluded, plan for a variance
Density-bonus waiver legal standard vs. local practice	State law (Government Code § 65915) frames waivers for density-bonus projects — local code implements but must defer to state law	If pursuing a waiver under § 17.42.080, include the required legal analysis and be prepared for substantial-evidence scrutiny; “Verify with the jurisdiction” for procedure details
Interplay with other codes (e.g., California Building Standards, fire code)	Zoning relief does not change building/fire-code compliance; projects still need separate approvals	Document that zoning relief doesn’t conflict with building/safety requirements and coordinate with building/fire officials; refer to the California Building Standards Code and verify with building officials

Plain-English Summary

If your lot’s shape, slope, or an unusual physical condition makes it impractical to meet a setback, height, or other zoning rule, Kerman allows a discretionary variance (Planning Commission decides after a public hearing) if you can show exceptional circumstances and that approval won’t create special privileges or harm neighbors; small, clearly enumerated adjustments can be handled administratively as a minor deviation by the Director; housing developers use the density-bonus waiver route when state law applies — follow the code’s required findings and submit complete site plans and narratives to avoid delays (§ 17.88.030, § 17.90.010, § 17.42.080) .

Source References

Kerman Zoning Code — Chapter 17.88 (Variance Permit) — § 17.88.010–.060
Kerman Zoning Code — Chapter 17.90 (Minor Deviation Permit) — § 17.90.010
Kerman Zoning Code — Sign regulations and minor deviation limits (signs) — § 17.30.110
Kerman Zoning Code — Density Bonus and waivers/reductions — § 17.42.010–.120, specifically § 17.42.080 (waivers/reductions) and § 17.42.090 (parking)
Kerman Zoning Code — Director / Administrative authority (permitting responsibilities) — § 17.110.040
Kerman Zoning Code — Residential development standards and Table 17.10-2 — § 17.10.030 and Table 17.10-2
Kerman Zoning Code — Commercial/mixed-use land-use table and standards — § 17.12.020–.040 and Table 17.12-1
Kerman Zoning Code — Industrial zones (M-1/M-2) and standards — § 17.14.030 and Table 17.14-2
Kerman Zoning Code — Public and quasi-public zones — § 17.16.030 and Table 17.16-2
Kerman Zoning Code — Combining zones (PD, SD, IBA) — Chapter 17.18 (see § 17.18.010–.040)
Kerman Zoning Code — Development plan review permit (combining-zone application & modification authority) — § 17.96.020(C) and Chapter 17.96

Sources

Retrieved passages

Kerman Zoning Code (Chapter 17.116) High relevance
Kerman Zoning Code (§2) High relevance
Kerman Zoning Code (§2) Medium relevance
Kerman Zoning Code (§2) Medium relevance
CBC § G107 (SECTION G107) Medium relevance
Kerman Zoning Code (§2) Medium relevance
Kerman Zoning Code (Section 17.42.040) Medium relevance
Kerman Zoning Code (§2) Medium relevance
Kerman Zoning Code (§2) Medium relevance
Kerman Zoning Code (Chapter 17.110) Medium relevance
Kerman Zoning Code (Chapter 17.96) Medium relevance
Kerman Zoning Code (Chapter 9.05) Medium relevance
Kerman Zoning Code (title is) Medium relevance
Kerman Zoning Code (§2) Medium relevance
Kerman Zoning Code Medium relevance
Kerman Zoning Code (Chapter 1.18) Medium relevance
Kerman Zoning Code Medium relevance
Kerman Zoning Code (Section 17.04.030) Medium relevance
Kerman Zoning Code (Chapter 17.96) Medium relevance
Kerman Zoning Code (Chapter 17.114) Medium relevance
CFC § 2 (Chapter 17.84) Medium relevance
Kerman Zoning Code (§2) Medium relevance
Kerman Zoning Code (Chapter 17.46) Medium relevance
CBC § 2 (Chapter 17.28) Medium relevance
Kerman Zoning Code (Section 65915) Medium relevance
Kerman Zoning Code (§2) Medium relevance
Kerman Zoning Code Medium relevance
Kerman Zoning Code (§2) Medium relevance
Kerman Zoning Code (§2) Medium relevance

Cited sections

Kerman Zoning Code — Chapter 17.88 (Variance Permit) — **§ 17.88.010–.060** (Chapter 17.88)
Kerman Zoning Code — Chapter 17.90 (Minor Deviation Permit) — **§ 17.90.010** (Chapter 17.90)
Kerman Zoning Code — Sign regulations and minor deviation limits (signs) — **§ 17.30.110** (§ 17.30.110)
Kerman Zoning Code — Density Bonus and waivers/reductions — **§ 17.42.010–.120**, specifically **§ 17.42.080** (waivers/reductions) and **§ 17.42.090** (parking) (§ 17.42.010)
Kerman Zoning Code — Director / Administrative authority (permitting responsibilities) — **§ 17.110.040** (§ 17.110.040)
Kerman Zoning Code — Residential development standards and Table 17.10-2 — **§ 17.10.030** and Table 17.10-2 (§ 17.10.030)
Kerman Zoning Code — Commercial/mixed-use land-use table and standards — **§ 17.12.020–.040** and Table 17.12-1 (§ 17.12.020)
Kerman Zoning Code — Industrial zones (M-1/M-2) and standards — **§ 17.14.030** and Table 17.14-2 (§ 17.14.030)
Kerman Zoning Code — Public and quasi-public zones — **§ 17.16.030** and Table 17.16-2 (§ 17.16.030)
Kerman Zoning Code — Combining zones (PD, SD, IBA) — **Chapter 17.18** (see **§ 17.18.010–.040**) (Chapter 17.18)
Kerman Zoning Code — Development plan review permit (combining-zone application & modification authority) — **§ 17.96.020(C)** and **Chapter 17.96** (§ 17.96.020)
Kerman_ZoningCode.md
2025 California Building Code.md

Frequently asked questions

What is a variance in Kerman and who grants it?

A variance in Kerman is a discretionary permit to relax a zoning standard when strict application would cause practical difficulty or unnecessary hardship due to physical site conditions. The Planning Commission hears variance applications and must make the findings listed in § 17.88.030(C); decisions can be appealed to the City Council under § 17.88.050 .

When can the Director grant a minor deviation instead of a variance?

The Director may grant a minor deviation for limited adjustments (e.g., certain sign-area increases or small encroachments) where the code permits and where a finding of practical difficulty or unnecessary hardship is supported. See § 17.90.010 and sign-specific rules at § 17.30.110; items excluded from minor deviation (e.g., prohibited signs) must use a variance .

Can I get reduced parking through a variance in Kerman?

Parking reductions are handled by specific sections. For density-bonus projects, the city provides statutory parking reductions/waivers under § 17.42.090 and applicants can request additional concessions via § 17.42.080 (waivers/reductions) — the city must follow the state-law tests in Chapter 17.42; other parking relief requests may require a variance or another discretionary permit — verify with staff and see the Kerman parking page .

How does a density-bonus waiver differ from a local variance?

A density-bonus waiver/reduction is a statutory mechanism tied to State Government Code § 65915 and implemented by Kerman in § 17.42.080; its approval standards track state-mandated rules (city must approve unless specific written findings are made). A local variance under § 17.88 is a general tool for physical hardships and is not the same as the state density-bonus waiver route — rely on § 17.42.080 for bonus projects and § 17.88 for other site hardships .

If my property is in a PD or SD combining zone, should I apply for a variance?

In combining zones (PD, SD), the usual route for modifying standards is the development plan review permit because that process explicitly authorizes adjustments to setbacks, coverage, and similar standards (see § 17.96.020(C) and Chapter 17.18). A variance may still be needed when the development plan cannot authorize the requested relief — “Verify with the jurisdiction” before filing to pick the correct path .

What findings will the Planning Commission look for in a variance application?

The Commission must find (per § 17.88.030(C)) that: the relief won’t be a special privilege; exceptional circumstances make strict application impractical; the variance won’t conflict with the title’s intent or public health/safety; the variance isn’t for a use not allowed in the zone; and that it is not granted solely for economic reasons .

Are sign exceptions handled differently from other variances?

Yes. The signs chapter limits some adjustments to a Director-granted minor deviation (see § 17.30.110). Relief from expressly prohibited sign types or other sign rules excluded from minor deviations must be processed as a variance under § 17.88 .

Do administrative approvals (minor deviations) require neighbor notice or a hearing?

Minor deviations are administrative (Director-level) and typically do not require a public hearing. However, when a Commission hearing is required (e.g., for a variance), the City follows public notice procedures in Chapter 17.116. Check the applicable chapter for noticing rules; some Director decisions may be noticed to nearby property owners per § 17.110.040 and Chapter 17.116 .

Can a variance be revoked or its conditions enforced?

Yes. Conditions attached to variances can be enforced, and violations of conditions (or code provisions) may be prosecuted as infractions/misdemeanors and are subject to enforcement actions; any revocation or modification process follows permit revocation rules (see general enforcement and Chapter 17.94 references) — the zoning code warns that noncompliance is actionable under local enforcement provisions .

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