San Bernardino County — Variances and Exceptions

Last reviewed: July 6, 2026

Overview

In unincorporated areas of San Bernardino County, a Variance is the County’s formal tool to relax specific development standards when parcel-specific physical constraints make strict application unfair. The County’s Development Code (not “Title 17”) organizes Variances under Chapter 85.17 and also provides targeted “exceptions,” including Director-level waivers of certain Public Works requirements. This page explains how Variances work, what they can and cannot change, and how exceptions differ, with citations to the controlling sections.

You cannot use a variance to change what land uses are allowed, raise residential density, override a categorical prohibition, or alter procedures; variances are limited to development standards like setbacks, height, parking, signs, and some overlay metrics (§ 85.17.020 ).

What a Variance Is (and Is Not)

• The County recognizes Major and Minor Variances. Both exist to adjust select standards where special parcel circumstances would otherwise deny similar privileges enjoyed nearby (§ 85.17.010, § 85.17.020 ).
• A Variance cannot: add a prohibited use, increase residential density, undo a prohibition (e.g., for certain sign types), or change a procedural step (§ 85.17.020 ).
• “Minor Variances” are capped to the adjustment magnitudes in Table 85‑5; larger asks are “Major Variances” (§ 85.17.040(b) and Table 85‑5 ).

Procedures and Review Authority

• Applications are reviewed by the Director through a staff-level process with mailed notice; a public hearing is only held if someone requests one in writing before the decision date (§ 85.17.030(c) ).
• The Director is the review authority for both Minor and Major Variances; appeals go to the Planning Commission. The Director may also refer a variance to the Commission for a hearing and final action (§ 85.17.030; § 85.17.040(c); Table 85‑1 under § 85.01.030 ).
• Submittals must follow Chapter 85.03 (Application Procedures) and include evidence supporting the required findings (§ 85.17.050 ).

Required Findings

The review authority must make all required findings before approving a Variance (§ 85.17.060 ). The retrieved materials confirm at least:

• The Variance will not be materially detrimental to other properties or land uses and will not substantially interfere with the present or future ability to use solar energy systems (§ 85.17.060(a)(1) ).

Not found in retrieved materials: the complete list of additional findings in § 85.17.060. Verify with the jurisdiction.

What Minor Variances Can Adjust (Table 85‑5 highlights)

Minor Variances allow the Director to reduce certain development standards by up to the percentages below, subject to hard minimums/maximums. Larger relief requires a Major Variance (§ 85.17.040 and Table 85‑5 ).

Notes:

• Minor Variances cannot reduce the “clear sight triangle” standard (§ 83.02.030) via the Minor Variance pathway; separate evaluation is required (§ 85.17.040, Table 85‑5 notes ).
• Projects often combine a Variance with design review or a Site Plan Permit; coordinate schedules early (§ 85.17.050; Table 85‑1 under § 85.01.030 ).

Public Works Waivers (a distinct “exception”)

Separately from Variances, the Director and the Director of Public Works may approve a waiver or modification of required right‑of‑way dedications and/or street improvements (§ 83.05.070(a) ). Before granting a waiver, they must find, among other things:

• No adverse effect on environment, public health, or safety; not based solely on applicant’s financial hardship; no conflict with foreseeable access/infrastructure needs; good cause that serves a public purpose (§ 83.05.070(a)(1) ).

Appeals go to the same review authority handling the project’s land use decision, or to the County CEO if there is no discretionary land use decision (§ 83.05.070(b) ). Delayed improvements and surety posting are addressed in §§ 83.05.060–.050 .

Special accommodations and other carve‑outs

• A formal reasonable accommodation for disability does not require a variance; it is processed under Chapter 84.31 and may be granted by the Director or Zoning Administrator (§ 84.31.040(e) ).
• Some use‑specific chapters allow a Major Variance to modify siting criteria. For example, the 1,000‑ft industrial hemp separation from sensitive receptors may be modified only with a Major Variance (§ 84.35.020(e)–(h) excerpt; “This location requirement may be modified with the approval of a major variance” citing Ch. 85.17 ).

District-by-District and Overlay Notes for Variances

The County’s Variance provisions apply across all land use zoning districts in unincorporated areas; the most common interactions are with base district setbacks, height, and parking, and with overlay standards. Where available, purposes/standards are summarized; otherwise “Not found in retrieved materials.”

All Base Land Use Zoning Districts

• Purpose and uses: Not found in retrieved materials (consult zoning and land use).
• Variance scope: May adjust development standards unless specifically excluded; cannot change allowed uses/density (§ 85.17.020 ).
• Key standards commonly varied: setbacks, height, fencing, parking, and signage, within Table 85‑5 limits (§ 85.17.040 ).

Resource Conservation (RC)

• Purpose/uses: Not found in retrieved materials.
• Example where exceptions appear: limited camping exceptions without a permit for parcels ≥5 acres in RC (not a variance; a code exception) (§ 84.25.070(a)(2) ).
• Variance focus: Same as base districts; verify parcel‑specific standards in development standards.

Agriculture (AG)

• Purpose/uses: Not found in retrieved materials.
• Example exception: same limited camping exception as RC on parcels ≥5 acres (§ 84.25.070(a)(2) ).
• Variance focus: Table 85‑5 adjustments (setbacks, height, etc.) apply Countywide (§ 85.17.040 ).

Rural Living (RL)

• Purpose/uses: Not found in retrieved materials.
• Example exception: limited camping exception on parcels ≥5 acres (§ 84.25.070(a)(2) ).
• Variance focus: Front/side/rear setback reductions are commonly requested; see Table 85‑5 minimums (§ 85.17.040 ).

Fire Safety Overlay District

• Purpose/uses: Not found in retrieved materials.
• Variance guardrail: Minor Variances to side setbacks cannot go closer than 5 ft in this overlay (vs. 3 ft elsewhere) (§ 85.17.040, Table 85‑5 ).
• Practical tip: Expect tighter constraints and possible conditions tying to landscaping and screening for defensible space. Verify with the jurisdiction.

Flood Plain Safety (FP) Overlay and Floodway (FW) District

• Purpose: Manage flood hazards; the Code frequently cross‑references these designations (§ 85.11.010–.020 ).
• Variance scope: Development standards might be variable via Chapter 85.17 unless the overlay prohibits it, but use allowances in the FW district are not changeable by variance (§ 85.17.020; verify overlay chapters) .
• Practical tip: Standards may also intersect with the California Building Standards Code for floodplain construction; do not conflate zoning variances with building code variances. Verify with the jurisdiction.

Geologic Hazard (GH) Overlay

• Purpose: Manage seismic fault hazards (§ 82.15.010–.040 titles inferred by location; retrieved standards at § 82.15.040) with setbacks from active faults (50 ft for human occupancy; 150 ft for critical facilities) (§ 82.15.040(a)–(b) ).
• Variance scope: Minor Variances can adjust some “overlay standards” up to 30% unless expressly prohibited; however, GH setbacks rely on geologic evidence and County Geologist approval; treat relief here as unlikely without technical support (§ 85.17.040; § 82.15.040 ).
• Where it applies: As mapped in the General Plan; verify with the jurisdiction.

Hazardous Waste (HW) Overlay

• Purpose: Site hazardous waste facilities with appropriate buffering and permit procedures (§ 82.16.010–.020 ).
• Variance scope: Overlay standards may be adjustable via Variance unless categorically prohibited; siting also requires concurrent General Plan/CUP actions that a variance cannot replace (§ 82.16.020; § 85.17.020 ).

Process Touchpoints and Related Topics

• Combine Variances with other approvals as needed (e.g., CUP/MUP, Site Plan); see Table 85‑1 for who decides what (§ 85.01.030; § 85.17.050 ).
• Variances cannot legalize prohibited uses or cure nonconforming uses on their own (§ 85.17.020; enforcement at § 86.09.060–.070) .
• Some state‑mandated housing items (e.g., California ADU law and broader California housing laws) may limit local discretion. Verify project‑specific applicability.

Checklist

• Confirm your site is in unincorporated San Bernardino County (overview); incorporated cities use their own codes.
• Identify the exact standards you seek to vary (e.g., setback, height, parking, signage) and confirm they are variance‑eligible (§ 85.17.020; Table 85‑5) .
• Confirm your request fits within Minor Variance caps; otherwise prepare a Major Variance (§ 85.17.040 ).
• Prepare evidence supporting each required finding (§ 85.17.060; include solar access compatibility) .
• File per Chapter 85.03 with a complete package; expect Director review with mailed notice (§ 85.17.030, § 85.17.050) .
• If relief involves Public Works dedications/improvements, evaluate a waiver under § 83.05.070 in parallel (distinct findings and appeals) .
• Coordinate any companion approvals (e.g., CUP/MUP, Site Plan, design review) and timelines (§ 85.01.030 Table 85‑1) .
• Plan for potential appeal timelines if neighbors or agencies object (§ 85.01.030 Table 85‑1; § 83.05.070(b)) .

Risks & Ambiguities

Information Gaps

• The complete text of all required Variance findings in § 85.17.060 was not fully retrieved. Not found in retrieved materials.
• Detailed base district purposes, typical permitted uses, and dimensional standards for RC, AG, RL, and commercial/industrial districts. Not found in retrieved materials.
• Full overlay text for Fire Safety, FP, and FW to confirm any “no variance” clauses. Not found in retrieved materials.

Plain-English Summary

In unincorporated San Bernardino County, you can ask the County to bend certain site rules—like setbacks, height, parking, or signage—when your lot has unique physical constraints. A staff‑level Variance decided by the Director can be Minor (within preset caps) or Major (larger relief). You must show the project won’t harm neighbors and won’t limit solar access, and you can’t use a Variance to allow a prohibited use or add density (§ 85.17.020, § 85.17.040, § 85.17.060 ). If your issue is street dedications or improvements, a separate Public Works waiver may be the right tool (§ 83.05.070 ).

Source References

• § 81.01.050 Applicability of Development Code (unincorporated areas)
• § 82.15.040 Geologic Hazard (GH) Overlay standards (fault setbacks)
• § 82.16.010–.020 Hazardous Waste (HW) Overlay purpose/location requirements
• § 83.05.050–.060 Street improvements and delayed improvements
• § 83.05.070 Waiver/Modification of Dedication and/or Street Improvement Requirements (findings; appeals)
• § 84.25.070 Camping or Occupancy of Temporary Structure Prohibited (RC/AG/RL exception)
• § 84.31.040 Reasonable Accommodation (no variance required)
• § 84.35.020 Industrial Hemp (location may be modified with Major Variance)
• § 85.01.030 Table 85‑1 Review Authority (variance decision/appeal paths)
• § 85.17.010–.060 Variances: purpose, applicability, procedures, Minor/Major, application requirements, and findings (incl. solar access)
• § 86.09.060–.070 Enforcement of conditions; public nuisance

Retrieved passages

• San Bernardino County Zoning Code (§ 83.05.070) High relevance show source text
• San Bernardino County Zoning Code (§ 83.02.030) High relevance show source text
• San Bernardino County Zoning Code (§ 86.06.050) Medium relevance show source text
• San Bernardino County Zoning Code (§ 66410) Medium relevance show source text
• San Bernardino County Zoning Code (Section shall) Medium relevance show source text
• San Bernardino County Zoning Code (§ 83.05.060) Medium relevance show source text
• San Bernardino County Zoning Code (§ 84.31.040) Medium relevance show source text
• San Bernardino County Zoning Code (§ 86.06.060) Medium relevance show source text

Cited sections

• § 81.01.050 Applicability of Development Code (unincorporated areas) (§ 81.01.050)
• § 82.15.040 Geologic Hazard (GH) Overlay standards (fault setbacks) (§ 82.15.040)
• § 82.16.010–.020 Hazardous Waste (HW) Overlay purpose/location requirements (§ 82.16.010)
• § 83.05.050–.060 Street improvements and delayed improvements (§ 83.05.050)
• § 83.05.070 Waiver/Modification of Dedication and/or Street Improvement Requirements (findings; appeals) (§ 83.05.070)
• § 84.25.070 Camping or Occupancy of Temporary Structure Prohibited (RC/AG/RL exception) (§ 84.25.070)
• § 84.31.040 Reasonable Accommodation (no variance required) (§ 84.31.040)
• § 84.35.020 Industrial Hemp (location may be modified with Major Variance) (§ 84.35.020)
• § 85.01.030 Table 85‑1 Review Authority (variance decision/appeal paths) (§ 85.01.030)
• § 85.17.010–.060 Variances: purpose, applicability, procedures, Minor/Major, application requirements, and findings (incl. solar access) (§ 85.17.010)
• § 86.09.060–.070 Enforcement of conditions; public nuisance (§ 86.09.060)
• SanBernardinoCounty_ZoningCode.md

• Official San Bernardino County code library