Local zoning · Richmond

Richmond — Variances and Exceptions

Q: What findings must be shown for a waiver based on reasonable accommodation (disability / FHAct)?

In addition to the waiver findings in § 15.04.809.050 , the decision‑maker must find the accommodation is necessary for a protected person or use, that it is necessary to make housing available to a protected person, that conditions are necessary and the least restrictive means to further a compelling public interest, and that denial would impose a substantial burden on religious exercise or violate state/federal reasonable accommodation law. See § 15.04.809.050(D) .

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

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Last reviewed: July 2, 2026

Overview

Richmond's zoning code (Article XV of Title 15) provides two separate administrative paths to relax zoning rules: variances (Planning Commission-level, for dimensional/performance standards where unique property circumstances cause hardship) and waivers/exceptions (administrative relief by the Zoning Administrator for limited, mostly minor dimensional deviations and reasonable accommodations). The controlling rules and required findings appear in § 15.04.808 (Variances) and § 15.04.809 (Waivers), with special exception rules in several other articles (e.g., wireless facilities, form‑based code exceptions).

How Richmond separates the tools

Variance — Planning Commission: Meant when strict application of Article XV would deprive a parcel of privileges enjoyed by other property in the same zone; may vary dimensional/performance standards but cannot authorize a use not allowed in the district. Approval requires the Planning Commission to make the findings listed in § 15.04.808.030.
Waiver (administrative) — Zoning Administrator: Intended for minor dimensional/design deviations (generally up to 10%) and for statutory reasonable accommodations under federal/state law. Waivers cannot be used to change lot area, number of stories, parking minima, density, or maximum FAR. Required findings are in § 15.04.809.050; procedures in § 15.04.809.040.
Other exceptions: The code also authorizes tailored exception tracks for special topics — e.g., limited exceptions for personal wireless facilities (with clear and convincing evidence required) and Exceptions to Architectural Standards under the Livable Corridors Form‑Based Code (FBC). See § 15.04.614.090 and § 15.04.401.040.

Note: For development standards and how dimensional rules are measured, consult the city’s development‑standards tables and rules of measurement. The code ties variances/waivers to those standards.

Decision-relevant summary table (quick reference)

Relief type	Who decides	Scope / limits	Key required findings	Code reference
Variance	Planning Commission	Can alter dimensional & performance standards (not permitted uses). Parking/open-space variances subject to state law limits.	Special circumstances; not detrimental; not special privilege; not authorize non‑permitted use.	§ 15.04.808.010–.050
Waiver (administrative)	Zoning Administrator	Dimensional/design relief up to 10% (greater only for ADA/Fair Housing reasonable accommodations). Excludes lot area, stories, parking minima, density, max FAR.	Property physical characteristics justify need; no alternatives with less detriment; not detrimental to health/safety; added findings for reasonable accommodation.	§ 15.04.809.010–.070
FBC Architectural Exception	ZA or Design Review Board / applicable body	Exceptions to FBC architectural standards where site constraints make compliance infeasible.	Physical constraint; no hazard or impaired character; meets intent of standard to extent feasible.	§ 15.04.401.040
Limited Exception (Wireless)	Planning Commission or ZA	One‑time limited exception where strict compliance would effectively prohibit personal wireless services. Requires technical showing and least‑intrusive design.	Technical service objective & comparative analysis; least noncompliant design.	§ 15.04.614.090

District-by-district breakdown

Below are the primary base zoning districts where variances/waivers commonly arise. Each subsection names the district as the code does, lists the purpose/permitted use emphasis, the most decision‑relevant dimensional standards, and where that district typically applies in the city. For each district the code tables and narrative provisions cited are the city’s controlling text.

Notes on links: Richmond’s standards tie directly to the city’s development standards and to topic pages such as parking and design review that applicants will also need to consult.

RH (Single Family Hillside Residential)

Purpose / typical uses: Very low‑density single family housing in hillside areas.
Key standards: Maximum lot sizes and very low maximum density (≈ 5 units/net acre), 35 ft main building height, front setback typically 25 ft, interior side setbacks 10 ft, rear 25 ft, maximum lot coverage 40% for typical RH lots. See § 15.04.201.030.
Where it applies: Hillside neighborhoods and areas with slope constraints. Waivers for small dimensional relief (e.g., small porch projection) may be appropriate under § 15.04.809 but major changes typically require a variance.

RL1 (Single Family Very Low Density) and RL2 (Single Family Low Density)

Purpose / typical uses: Detached single‑family homes, some small‑lot variants. RL1 is lower density than RL2.
Key standards (Table 15.04.201.030): Maximum densities RL1 = 9 units/acre, RL2 = 15 units/acre; main building heights 35 ft (RL1) and 30 ft (RL2); front setback commonly 20 ft; maximum lot coverage RL1 = 45%, RL2 = 50%; accessory building height 14 ft. Rear setback in RL1/RL2 may be reduced to 10 ft where front+rear setback total is ≥ 40 ft (see notes).
Where it applies: Most single‑family neighborhoods. Garage conversions, minor setback adjustments, or small projection relief may be pursued as waivers or administrative permits depending on scope; larger reductions require a variance.

RM1 / RM2 (Multifamily Residential—Medium/High Density)

Purpose / typical uses: Multi‑unit residential development (apartments, townhouses).
Key standards (Table 15.04.202.030 and related): RM1 medium density (≈ 27 units/acre base); RM2 high density (≈ 40 units/acre); setbacks and stepbacks apply for residential walls with windows (e.g., 5 ft for any wall with windows; 10 ft for bedroom windows; 15 ft for primary room windows as minimums in some contexts); FAR and height limits vary by sub‑district — see § 15.04.202.030 for mixed‑use building‑form tables.
Where it applies: Transit corridors, medium/high‑density neighborhoods. Because RM zones have transitional standards where they abut RL/RH, variances that would affect those transitions will be scrutinized for neighborhood impacts.

CM‑1 / CM‑2 / CM‑3 / CM‑4 / CM‑5 (Commercial Mixed‑Use districts)

Purpose / typical uses: Mixed residential + commercial along corridors; each CM district carries different height, FAR and frontage expectations (CM‑1 through CM‑5). See Table 15.04.202.030.
Key standards: Build‑to line and street frontage minimum/maximums (street frontage often Min 0 / Max 5–15 ft depending on CM district); FAR caps range (non‑residential FAR from 0.5 up to 5.0 in CM‑5 with conditions); height varies by district and by adjacency to residential (special height exceptions when abutting single‑family zones).
Where it applies: Main commercial corridors and nodes. Requests to deviate from build‑to lines, ground‑floor transparency, or height may be eligible for a waiver (if minor) or variance/exception depending on magnitude; architectural exceptions also exist under the FBC.

Industrial districts (ILL, IB, IL, IG, IW)

Purpose / typical uses: Light to heavy industrial, warehousing, maritime/port‑related uses.
Key standards: Front setbacks vary by sub‑district (0–25 ft depending on IB/IG/IL), heights up to 55 ft (IG/IW up to 100 ft in select cases); transitional setbacks and landscaping are required where industrial adjoins residential. Variances can address industrial yard/location or performance standards, but not to allow residential uses where prohibited.

AG (Agricultural), OS (Open Space), PR / PCI and other special districts

Purpose / typical uses: AG governs agricultural uses and small‑scale processing; OS protects open space and shoreline; PR / PCI regulate public recreation, public/institutional uses. Each district has its own numeric setbacks, FAR caps, and use table in the code (see Tables 15.04.207.030 and 15.04.203.020). Variances and waivers apply only to the extent the ordinance allows and will be judged against General Plan consistency.

Practical guidance on choosing variance vs. waiver

If your request is a small numeric percentage change to setbacks, height below the smaller of 10% or two feet, or a minor parking/landscape reduction, start with a waiver under § 15.04.809 (Zoning Administrator). Waivers are typically faster and administrative, but subject to findings and appeal. Bold: Waivers generally capped at 10%, with a written ZA decision within 45 days of a complete application for reasonable accommodation requests.
If the change is larger, materially affects neighbors, or would result in relief from the standard listed as an exclusion (lot area, density, maximum FAR, minimum parking spaces, or number of stories), you must seek a variance and the Planning Commission must make the required findings in § 15.04.808.030.
For exceptions to FBC architectural standards or form‑based frontage requirements, use the FBC Exceptions track in § 15.04.401.040.

Also consult the city's parking rules if your request touches vehicle parking quantities or dimensions, and the design review procedures if the project is design‑reviewable. For ADU projects, check the ADU page because state ADU law interacts with local variance/waiver practice; certain ADU rules are protected under state law. ADUs and California ADU law should be read together with waiver/variance rules. Also keep the California Building Standards Code in mind for building‑code requirements — variances do not change building‑code compliance.

(First natural mention of parking, design review, ADUs and the state building code have been linked above to the menu URLs.)

Checklist — what an applicant must provide

Complete application form filed with Planning Division per Article 15.04.803 (Common Procedures) and payment of fees.
Current site plan, elevations, and dimensioned drawings showing the precise numerical deviation requested and the controlling standard(s) (setbacks, height, FAR, lot coverage).
Written explanation demonstrating the factual basis for the required findings: special circumstances/physical characteristics, lack of less‑detrimental alternatives, and that the request will not be detrimental to public health/safety or grant a special privilege. (Cite § 15.04.808.030 for variances; § 15.04.809.050 for waivers.)
For parking or open space variances, include transit/access analysis and any in‑lieu or offsite parking proposals (state law references may apply).
For reasonable accommodation waivers: medical or disability documentation (as appropriate) and an explanation of why the accommodation is necessary. Expect the ZA to follow the 45‑day decision protocol on these requests.
Public notice materials and mailing list for neighbors if seeking a variance (public hearing required).

Risks & Ambiguities

Issue	Why it matters	What to verify
Adjacency to residential zones (transition rules)	RM/CM/Industrial districts have detailed transitional setbacks/landscaping when abutting RL/RH; a granted variance that ignores transitions may be reversed on appeal.	Confirm transitional standards and show how the proposal preserves those protections. See § 15.04.204.030 and § 15.04.201.030.
Waiver exclusions	Waivers cannot change lot area, number of stories, minimum parking counts, density, or maximum FAR — trying to treat those as a waiver will be denied and must instead go to variance or need a code amendment.	Confirm the relief sought is not one of the exclusions listed in § 15.04.809.030.
Interaction with state ADU and housing law	State ADU statutes and other housing laws can preempt local rules; local lot‑coverage/FAR rules cannot be applied in a manner that defeats state ADU entitlements.	For ADUs, confirm which standards are protected by state law and whether a local variance/waiver is necessary or permissible. See state ADU law and local ADU chapter. Not found in retrieved materials beyond cross‑references.
Form‑Based Code exceptions vs. ordinary waivers	Projects inside the FBC boundary may have a separate Architectural Exception track that substitutes for density‑bonus concessions; confusing tracks can delay approvals.	If the site is inside the Livable Corridors FBC area, use § 15.04.401.040 procedure for architectural exceptions instead of the standard waiver track.
Claim of "effective prohibition" for wireless	Wireless applicants must supply a technical search area and comparative analysis; the approval standard is high (clear and convincing evidence).	If the project is a wireless facility, follow the limited exception rules in § 15.04.614.090.

Plain-English Summary

If a Richmond property needs a small tweak to a numeric zoning rule (for example, a few feet of setback or a couple percent of lot coverage), apply for a waiver to the Zoning Administrator; if the change is bigger, changes the allowed use, or touches density/FAR/parking minima, plan for a variance to the Planning Commission — both require written findings in the code (variances: § 15.04.808.030; waivers: § 15.04.809.050), and both must still be consistent with the General Plan and district‑specific standards.

Source References

§ 15.04.808.010–.050 — Variance purpose, procedures, findings, conditions, appeals.
§ 15.04.809.010–.070 — Waivers: purpose, applicability (10% rule), exclusions, findings, conditions, appeals.
§ 15.04.614.090 — Limited Exceptions for Personal Wireless Service Facilities (findings & scope).
§ 15.04.401.040 — Exceptions to Form‑Based/FBC Architectural Standards.
§ 15.04.201.030 — Development standards (RH, RL1, RL2 table).
§ 15.04.202.030 — Development standards — Mixed‑Use districts (CM‑1 … CM‑5).
§ 15.04.204.030 — Development standards — Industrial districts (ILL, IB, IL, IG, IW).
§ 15.04.103.110–.130 — Rules for determining FAR, lot coverage, and setbacks (measurement rules referenced by variances/waivers).
Article 15.04.803 — Common procedures (application filing, public notice, appeals) referenced for both tracks. Not quoted here; see code.

Internal menu pages referenced for practitioner use:

Richmond Development Standards — /us/california/richmond/development-standards
Richmond Parking — /us/california/richmond/parking
Richmond Design Review — /us/california/richmond/design-review
Richmond Overlay Districts — /us/california/richmond/overlay-districts
Richmond ADUs — /us/california/richmond/adu
California Building Standards Code — /us/california/building-codes

If you need: I can prepare a draft findings memo keyed to the code language (variances: § 15.04.808.030; waivers: § 15.04.809.050) and a recommended exhibit set to accompany a waiver or variance application. Verify parcel‑specific constraints (easements, covenants, specific plans) with the Planning Division before filing.

Sources

Retrieved passages

Richmond Zoning Code (Article 15.04.803) High relevance
Richmond Zoning Code (§ I) High relevance
Richmond Zoning Code (title report) High relevance
Richmond Zoning Code (Section 15.04.803.130) High relevance
Richmond Zoning Code (ARTICLE 15.04.716) High relevance
Richmond Zoning Code (Article 15.04.803) High relevance
Richmond Zoning Code (Section 15.04.803.140) High relevance
Richmond Zoning Code (article and) Medium relevance
Richmond Zoning Code (Article shall) Medium relevance
Richmond Zoning Code (§ 2) Medium relevance
Richmond Zoning Code Medium relevance
Richmond Zoning Code (Article 15.04.809) Medium relevance
Richmond Zoning Code (Article or) Medium relevance
Richmond Zoning Code (§ 66314) Medium relevance
Richmond Zoning Code Medium relevance
Richmond Zoning Code (§ I) Medium relevance
Richmond Zoning Code Medium relevance
Richmond Zoning Code (Section 15.04.606.040) Medium relevance
Richmond Zoning Code Medium relevance
CBC § 607.030 (§ I) Medium relevance

Cited sections

Official Richmond code library

Frequently asked questions

What is a variance in Richmond and when will the Planning Commission approve one?

A variance is discretionary relief to modify dimensional or performance standards where special circumstances of the parcel would otherwise deprive it of privileges enjoyed by other property in the same zone; the Planning Commission must make the findings in § 15.04.808.030 (special circumstances, not detrimental, not special privilege, and not authorize a non‑permitted use).

When can I ask the Zoning Administrator for a waiver rather than a variance?

Ask for a waiver (an administrative relief) when the deviation is minor — typically no more than 10% of the stated dimensional standard (setbacks, lot coverage, build‑to line, parking dimensions, fence heights, landscaping, transparency). Waivers and their required findings are in § 15.04.809.020–.050.

Can a waiver change density, FAR, or minimum parking counts in Richmond?

No. Waivers expressly exclude changes to lot area/width/depth, maximum number of stories, minimum parking spaces, minimum/maximum residential density, and maximum FAR — these cannot be granted through the waiver process. See § 15.04.809.030.

Do variances allow me to build a use that isn’t allowed in the zoning district?

No. A variance cannot be used to authorize a use that Article XV does not permit for the district. Variances may only modify dimensional/performance standards; the Planning Commission must confirm the requested variance does not authorize an otherwise prohibited use per § 15.04.808.030(A)(4).

What findings must be shown for a waiver based on reasonable accommodation (disability / FHAct)?

In addition to the waiver findings in § 15.04.809.050, the decision‑maker must find the accommodation is necessary for a protected person or use, that it is necessary to make housing available to a protected person, that conditions are necessary and the least restrictive means to further a compelling public interest, and that denial would impose a substantial burden on religious exercise or violate state/federal reasonable accommodation law. See § 15.04.809.050(D).

How long before I get a decision on a waiver for reasonable accommodation?

For waivers based on reasonable accommodation, the Zoning Administrator must issue a written decision within 45 days after the application is deemed complete (§ 15.04.809.040(C)).

Can I get a variance for parking or open space requirements?

Yes — but parking and open‑space variances have added criteria. For parking, the Planning Commission may allow off‑site parking or in‑lieu arrangements if the variance benefits nonresidential development and facilitates transit access (see § 15.04.808.030(B)). Open‑space variances must be consistent with Government Code § 65911 and General Plan open‑space policies (§ 15.04.808.030(C)).

If my lot is inside the Livable Corridors Form‑Based Code area, how do exceptions work?

For projects subject to the FBC, applicants may request architectural exceptions through the FBC exception process in § 15.04.401.040. For housing projects, that exception process may replace certain state Density Bonus concession/waiver tracks; check whether a standard waiver or FBC exception is the proper path.

Who hears appeals of waiver or variance decisions?

A Planning Commission decision on a variance may be appealed to the City Council per the code’s appeals process (see Article 15.04.803 and the specific variance appeal provisions). A ZA waiver decision includes written notice of appeal rights; appeals are governed by Article 15.04.803 procedures.

What documents should I prepare to strengthen a variance application?

Prepare a full site plan, elevation drawings, a narrative addressing each required finding in § 15.04.808.030, shadow/traffic/landscape impacts (if relevant), and evidence of lack of feasible alternatives. For parking variances include transit and modal access analysis.

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