Local zoning · Piedmont

Piedmont — Variances and Exceptions

Q: Are fences and retaining walls treated the same as other variance requests?

No. The ordinance explicitly lists fence, retaining wall, or site feature as features that do not require a variance (see § 17.70.010.B ); check the fence/retaining wall chapter for height and corner-sight rules that still apply.

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

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Last reviewed: July 2, 2026

Overview

This page explains how the City of Piedmont's zoning ordinance handles variances, the limited exceptions and waivers that the code allows, and how those processes interact with design review, ADU approvals, SB 9 urban-lot splits, and nonconforming structures. Everything below is drawn from the Piedmont Planning & Land Use (Chapter 17) provisions cited with the controlling code section(s).

How Piedmont treats Variances and Exceptions (core rules)

A variance is a discretionary approval the city may grant to depart from the literal requirements of Chapter 17 when strict application would prevent reasonable use because of unusual physical circumstances of the property. The variance rules and required findings are set out in § 17.70.010–§ 17.70.040.
- Who decides: the Planning Commission is the hearing body for a variance; if the variance is bundled with another application normally decided by City Council, Council is the decision-maker (Planning Commission recommendation) § 17.70.030.
- Application materials: a written application on the Director’s form, maps/ plans, statement/evidence, application fee; the Director or hearing body may waive or require additional materials (surveys, etc.) § 17.70.020.
- Required findings to approve a variance are threefold and must be made by the hearing body § 17.70.040:
  1. The property and improvements present unusual physical circumstances (size, shape, topography, location, surroundings) so that strict application would keep the property from being used like other conforming properties.
  2. The project is compatible with the immediate neighborhood and the public welfare.
  3. Without a variance, accomplishing the improvement would cause unreasonable hardship in planning, design, or construction (hardship must be tied to property physical characteristics, not personal circumstances).
- Limitation: the city cannot grant a variance that authorizes a use not otherwise permitted § 17.70.040.B.
The ordinance lists features that do not require a variance: fences, retaining walls, and certain site features; and it allows limited replacement of some nonconforming elements (garage, pool house, exempt ADU or accessory structure) without a variance within specific timeframes § 17.70.010.B and cross-references the nonconforming rules in § 17.50.020.
Design review interaction: if a proposed improvement otherwise requires only design review but a feature would need a variance, the city may approve the overall project without a variance if (1) the nonconformity is unchanged or reduced and (2) the proposal meets the design review standards § 17.70.010.B.3 and § 17.66.030–§ 17.66.050. This is commonly used to avoid a separate variance where design standards can achieve the same objective.
ADU exemption: A variance is explicitly NOT required to construct an accessory dwelling unit that meets the ADU division standards—see § 17.70.010.B.4 and ADU rules in § 17.38. That means many ADU dimensional departures are handled via the ADU permit path, subject to state ADU law limits.
SB 9 / Urban lot splits — Waivers from standards: For SB 9 two-unit housing / urban lot split approvals, the code allows a limited waiver (exception) from division-specific development standards when strict application would physically preclude an urban lot split or construction of two units at required minimum sizes; the waiver procedure and standards are in § 17.54.080. Waivers for SB9 may be reviewed by the Director and cannot be used to approve new construction within the four-foot side and rear setbacks § 17.54.080.

District-by-district (zones) — where variances matter

The ordinance uses five primary zones (A–E). Below I summarize the code text that is relevant to variances/exceptions and highlight where district-specific dimensional rules are recorded. Bolded district names and standards help you scan.

Note: Chapter 17 is the controlling text. For some zones the code includes full dimensional tables; for others only the zoning title and cross-references appear in the excerpts provided. Where numeric standards are present in the retrieved materials I cite the exact section; where a zone-level section was not found in the retrieved snippets I note that as an information gap below.

Zone A — Single-family residential (Division 17.20)
- Purpose: primary single-family focus; the city intent emphasizes preserving single-family character and design standards (see Chapter intent) § 17.02.010 and the zone table listing. § 17.20 label confirms single-family use.
- Typical permitted uses: single-family residences, accessory structures, ADUs (ADU rules in § 17.38). The code indexes Zone A as “single-family” (Division index, Article 2). § 17.20 (index).
- Dimensional standards that apply across Zones (setbacks, floor-area, coverage) are given in the code's general development standards and apply to Zone A unless a zone table alters them—see general standards for setbacks and FAR; where the code lists specific numerical standards that apply to Zones A–D, those are in the general development standards and parking divisions (e.g., street setbacks, FAR tiers) § 17.30 and related development standards.
- Where variances matter: single-family remodels and nonconforming replacements often have variance triggers under § 17.50 and the variance division § 17.70.
Zone B — Public facilities (Division 17.22)
- Purpose / permitted uses: public facilities and civic uses (listed in the division index). Detailed conditional-use/permit specifics are in the division text (not fully excerpted in retrieved snippets). § 17.22 (index).
- Variances and exceptions in Zone B follow the general rules (Chapter 17 Divisions) — special-case review bodies are used for some wireless facilities in Zone B (City Council hears some applications in Zone B) § 17.46.080.
Zone C — Multi‑family residential (Division 17.24)
- Purpose: regulate multi‑family residential development and enhance neighborhood character § 17.24.010.
- Typical permitted uses: single-family and multi‑family dwellings, ADUs, residential care facilities, supportive housing, small day care, employee housing up to 6 persons § 17.24.020.
- Key dimensional standards (explicit in code): minimum lot area 10,000 sq ft, frontage 90 ft, maximum lot coverage 70%, minimum landscaping 15% (exceptions for affordable projects), maximum structure height 45 ft (lots ≥ 4,000 sq ft), street setback 15 ft, and FAR rules noted elsewhere § 17.24.040. These are the numbers the Planning Commission will use when evaluating whether a variance is justified.
Zone D — Commercial and mixed‑use (Division 17.26 / 17.30 — commercial/mixed-use rules)
- Purpose and uses: Zone D allows neighborhood-serving retail, office and mixed residential uses; residential uses in mixed-use are treated like the residential rules in § 17.30.020. Commercial parking and use-specific standards are in § 17.30.030–§ 17.30.050.
- Where exceptions matter: the location of parking, façade setbacks and other site planning items are regulated; variances are available under the general variance rules if the required findings are met. Parking reductions for multi-family projects (including partial reductions tied to transit proximity) are addressed in § 17.30 (and the Planning Commission can reduce parking in specific affordable housing cases) § 17.30.
Zone E — Estate residential (Division 17.28)
- Purpose: estate residential/large-lot single-family; Zone E carries the same primary purposes as Zone A plus estate-lot objectives § 17.28.010. Permitted and conditional uses are enumerated in § 17.28.020–.030.
- Key dimensional standards (explicit): minimum 20,000 sq ft lot area, minimum 120 ft frontage, maximum 40% lot coverage (primary + accessory), minimum 40% landscaping, maximum height 35 ft, street yard setback 20 ft, side/rear yard setbacks 20 ft (with ADU exceptions allowing 4 ft setbacks for new detached ADUs or conversions) § 17.28.040. These are the standards variances are measured against for Zone E.

Table: quick reference to most decision-relevant variance/exception topics

Topic	Short rule / consequence	Code reference
Variance approval findings	Must meet the 3 findings (unusual physical circumstances; neighborhood compatibility; unreasonable hardship tied to physical characteristics)	§ 17.70.040
Who hears variances	Planning Commission; City Council when tied to an application Council normally decides	§ 17.70.030
Exceptions not needing variance	Fence/retaining wall/site features; limited replacement of some nonconforming accessory structures (time-limited)	§ 17.70.010.B; § 17.50.020
ADU exemption	No variance required to construct an ADU that meets § 17.38 standards; ADU rules implement state ADU law	§ 17.70.010.B.4; § 17.38
SB 9 waivers (urban lot splits / two‑unit standards)	Director can grant waiver when standards would physically preclude lot split or two units; cannot approve new construction within 4‑ft side/rear setbacks via waiver	§ 17.54.080
Design review interplay	If an improvement otherwise requires design review and a variance feature is unchanged/reduced and the design review standards are met, the city may approve without a separate variance	§ 17.70.010.B.3; § 17.66.030–.050

(Use the city’s design guidance for the aesthetic/readability expectations — see the Piedmont Design Standards and Guidelines referenced in § 17.66.)

Checklist — what an applicant must supply for a variance or exception

Completed variance application form and application fee § 17.70.020.
Plans and site drawings showing the requested deviation and existing conditions (surveys if required). § 17.70.020.
Written statement documenting the unusual physical circumstances and demonstrating the three findings in § 17.70.040.
Photos, neighborhood context, and proposed conditions/mitigations to demonstrate compatibility with the immediate neighborhood (§ 17.70.040.2).
If the proposal includes ADU or SB 9 elements, include ADU/SB 9 compliance checklists and request any waivers explicitly per § 17.38 and § 17.54.080.
If design matters (any improvement that triggers design review), include materials required by the Piedmont Design Standards and Guidelines and be prepared for design-review procedures § 17.66.

Risks & Ambiguities

Issue	Why it matters	What to verify
“Hardship” meaning	Hardship must be tied to physical characteristics, not financial/personal reasons; weak hardship justification risks denial	Confirm evidence (topography, lot shape, size) and quote § 17.70.040.3 when building your narrative. § 17.70.040
ADU vs Variance path	ADUs are exempt from variance, but the ADU path has its own objective standards and ministerial timelines — using wrong path can delay permit	Confirm ADU meets § 17.38 objective standards and the ministerial approval requirements. § 17.38
SB 9 waivers and four‑foot setback rule	SB 9 waivers cannot be used to approve new construction inside the 4‑ft side/rear setback — applicants may assume broader waiver authority than exists	Verify the waiver limits in § 17.54.080 before proposing setback-based relief. § 17.54.080
Nonconforming replacement timing	Some accessory structures can be replaced without a variance only within strict time windows (1–2 years) — timing mistakes can create surprise variance needs	Confirm applicable replacement time limits in § 17.50.020 and § 17.70.010.B. § 17.50.020
Who will hear the case	Variances go to Planning Commission by default, but combined applications can shift decision to Council — different hearing dynamics	Verify decision body under § 17.70.030 and for bundled permits (CUP, subdivision) consult the relevant division (e.g., 17.68, 19). § 17.70.030

Plain‑English summary

If your Piedmont property has an unusual physical constraint (odd lot, steep slope, small buildable area) that makes strict zoning standards prevent reasonable development, you can apply for a variance; the Planning Commission (or City Council in some combined cases) will grant it only if three specific findings are met. Small site features, certain repairs, and properly‑built ADUs generally do not need variances — check the exact rules in § 17.70, § 17.50, and § 17.38 before you apply.

Source References

Piedmont Municipal Code (Chapter 17, Planning & Land Use): Variance division § 17.70.010–§ 17.70.040 (general rules, application, hearing, findings)
Piedmont Municipal Code: SB 9 urban lot splits / two‑unit standards and waiver rules § 17.54.060, § 17.54.080 (waivers from standards)
Piedmont Municipal Code: Design review and interplay with variance § 17.66.030–§ 17.66.050 (permit required; exceptions; standards)
Piedmont Municipal Code: Nonconforming structures and replacement rules § 17.50.020 (repair/replacement exceptions and triggers for variance)
Piedmont Municipal Code: Accessory Dwelling Units — standards and state-limited provisions § 17.38.060 et seq. (ADU permit path and exemptions from variance)
Piedmont Municipal Code: Zone descriptions and district index (Zones A–E) and detailed zone tables for Zone C (multi‑family) § 17.24, and Zone E (estate residential) § 17.28.040 for dimensional standards and permitted uses.
Piedmont Municipal Code: Parking and related reductions and exceptions § 17.30 (parking rules relevant to some variance requests)

Internal resources (use for co‑reading with the code):

Piedmont zoning & planning overview: /us/california/piedmont
Piedmont Zoning: /us/california/piedmont/zoning
Piedmont Land Use: /us/california/piedmont/land-use
Piedmont Development Standards: /us/california/piedmont/development-standards
Piedmont Parking: /us/california/piedmont/parking
Piedmont Design Review: /us/california/piedmont/design-review
Piedmont Overlay Districts: /us/california/piedmont/overlay-districts
Piedmont Nonconforming Uses: /us/california/piedmont/nonconforming-uses
Piedmont ADUs: /us/california/piedmont/adu
California Building Standards Code: /us/california/building-codes
California housing laws: /us/california/housing-laws

Information Gaps

Full text of Division 17.20 (Zone A) and Division 17.22 (Zone B) numeric tables and explicit dimensional figures were not present in the retrieved snippets; the index and intent are present but some numeric zone‑specific standards were not visible in retrieved fragments. Verify § 17.20 and § 17.22 directly with the full municipal code to get the precise numerical setbacks, lot-area, frontage, lot-coverage and height numbers for those zones.
Certain procedure details (exact notice radius and application fee amounts) are governed by the city's fee resolution and the notice division; fee dollar amounts were not in the retrieved code fragments — verify current fee schedule and notice details under § 17.60 and § 17.62.

Sources

Retrieved passages

Piedmont Zoning Code (Section 17.30) High relevance
Piedmont Zoning Code (chapter would) High relevance
Piedmont Zoning Code (section 17.80.050.) High relevance
Piedmont Zoning Code (Section 65913.6) High relevance
Piedmont Zoning Code (section 17.50.020) High relevance
Piedmont Zoning Code (section 17.46.080.D.2.b) High relevance
Piedmont Zoning Code (section 65915) High relevance
Piedmont Zoning Code (section 17.54.080.) Medium relevance
Piedmont Zoning Code (section 17.38.030) Medium relevance
Piedmont Zoning Code (Section 17.28.040.B.) Medium relevance
CBC § 17.38.030 (chapter 8.) Medium relevance
Piedmont Zoning Code (section 65852.2) Medium relevance
Piedmont Zoning Code (section 17.66.060) Medium relevance
Piedmont Zoning Code (chapter or) Medium relevance
Piedmont Zoning Code (§ 65866.) Medium relevance
Piedmont Zoning Code (§ 713.) Medium relevance

Cited sections

Official Piedmont code library

Frequently asked questions

What is a variance in Piedmont and who approves it?

A variance in Piedmont is a discretionary departure from Chapter 17 standards when unusual physical circumstances make strict application impractical; the Planning Commission is the hearing body for variances unless the application is tied to a Council-level decision, in which case the City Council decides following a Planning Commission recommendation § 17.70.020–§ 17.70.030.

What findings must the city make to approve a variance?

The hearing body must make three findings: (1) unusual physical circumstances of the property, (2) neighborhood/public welfare compatibility, and (3) that without the variance accomplishing the improvement would cause unreasonable hardship tied to the property’s physical characteristics § 17.70.040.

Do I need a variance to build an ADU in Piedmont?

No—if the ADU complies with the ADU division standards the code states a variance is not required to construct an ADU; ADU applicants must instead follow § 17.38 and state ADU law constraints § 17.70.010.B.4 and § 17.38.

Can the Director grant waivers for SB 9 urban lot split standards?

Yes. The Director can review and grant an exception/waiver from certain standards in Division 17.54 if strict application would physically preclude the urban lot split or construction of the two units (minimum lot size and minimum unit size criteria apply); however, waivers cannot be used to approve new construction within the four-foot side and rear setbacks § 17.54.080.

Are fences and retaining walls treated the same as other variance requests?

No. The ordinance explicitly lists fence, retaining wall, or site feature as features that do not require a variance (see § 17.70.010.B); check the fence/retaining wall chapter for height and corner-sight rules that still apply.

If my existing garage was destroyed, can I replace it without a variance?

Certain nonconforming accessory structures (garage, pool house, exempt ADU, accessory structure) may be replaced “as it was” within two years and without increasing nonconformity and without a variance; similar one‑year rules apply for some site features § 17.50.020 and § 17.70.010.B. Verify the exact timing and whether your structure qualifies.

Will a design review application automatically require a variance?

Not automatically. If the only nonconformity is a discrete feature and (1) the nonconformity is unchanged or reduced and (2) the project meets design review standards, the city may approve the project without a separate variance § 17.70.010.B.3 and § 17.66.030; otherwise a variance is required.

How does Piedmont treat “hardship” for variance purposes?

“Unreasonable hardship” must stem from the property’s unusual physical characteristics (size, shape, slope, location), not from personal or financial circumstances of the applicant — this is a statutory limitation embedded in § 17.70.040.

Can a variance allow a use that is not permitted in the zone?

No. The code prohibits granting a variance that authorizes a use not otherwise permitted in the zoning district § 17.70.040.B.

Do parking standards play into variance decisions?

Yes — parking requirements (including reductions for transit-proximate or affordable housing projects) are in § 17.30 and may be the subject of variance or conditional relief depending on the case; the Planning Commission has discretion in parking reductions tied to affordable housing criteria. § 17.30.

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