Local zoning · San Bernardino

San Bernardino — Variances and Exceptions

Q: What can a variance change in San Bernardino?

A Variance in San Bernardino can modify dimensional development standards such as setbacks, lot area/dimensions, lot coverage, building heights, and sign or parking requirements — but it cannot change what uses are allowed on the property. The applicable list of allowable Variance modifications is in § 19.72.030 , and the prohibition on changing uses is in § 19.72.010(3) .

Q: How does a Minor Exception differ from a Variance?

A Minor Exception is Director-level and limited to measurable design/site items up to 10% (setbacks, heights, on-site parking, lot dimensions, distances between structures). Anything exceeding 10% must be filed as a Variance. See § 19.58.030 and the required findings in § 19.58.050 .

Q: How long does a Variance approval last?

A Variance must be exercised within one year from the date of approval or it becomes null and void; the Commission may grant a time extension (up to 12 months) if the extension application is filed 30 days prior to expiration. See § 19.72.080 and § 19.72.090 .

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

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Last reviewed: July 3, 2026

Overview

Variances and Exceptions in the City of San Bernardino are discretionary tools that let property owners seek relief from specific development standards where strict application would create an undue hardship. The local rules distinguish between a full Variance (decided by the Planning Commission) and a Minor Exception / Minor Modification (Director-level, limited relief). Key rules and findings are in the Development Code chapters for Variances (Chapter 19.72) and Minor Exceptions (Chapter 19.58); floodplain variances follow additional overlay rules in the Flood Plain Overlay (Chapter 19.16). See San Bernardino Zoning for the code structure and map.

How San Bernardino’s code treats Variances vs. Exceptions (quick synthesis)

A Variance is a discretionary entitlement that permits departure from objective development standards (setbacks, lot area, coverage, height, parking, signs) but does not change permitted uses. Approval requires the Planning Commission to make the six findings listed in § 19.72.050; the applicant bears the burden of proof under § 19.72.070. § 19.72.020 describes how to file.
A Minor Exception is a Director-level relief of up to 10% for measurable site/design items (setbacks, heights, on-site parking, lot dimensions, building separation). It has its own findings at § 19.58.050 and the same applicant burden principle. Requests beyond the 10% cap must be filed as a Variance.
Special overlay areas (notably the Flood Plain Overlay – Chapter 19.16) impose additional, stricter variance rules for flood hazards (minimum-necessary standard, no variances within floodways that increase flood levels). Flood variances use flood-specific findings and written notice/recordation requirements.

Note: where the Development Code references other rules (for example, pre-application, fees or the hearing/notice process), follow the cross-referenced chapters (e.g., Chapter 19.32 for applications and fees, Chapter 19.52 for hearings and notice).

District-by-district (what to watch for when seeking a Variance/Exception)

Below are the City’s primary base zones as established by the Development Code. For each I list purpose, typical permitted uses, the most decision-relevant dimensional standards (where the code gives them), and where that district typically applies. For full numeric tables and parcel-level checks, verify with the jurisdiction (see "Information Gaps" below).

Note: the City’s zone list appears at § 19.02.060; permitted uses and development rules for residential and commercial categories are in the chapters for those zones (e.g., Chapter 19.04 – Residential Zones, Chapter 19.06 – Commercial Zones).

RE (Residential Estate)

Purpose: low-density estate residential; preserve large lot, low-intensity residential development. (See § 19.04.)
Typical permitted uses: single-family residences, accessory structures (see Table 04.01 / § 19.04.020).
Key standards: minimum lot sizes and lot coverage limits are in the residential standards tables (PRD / lot tables referenced in Chapter 19.04). For planned residential development (PRD) the code lists setbacks and coverage (e.g., PRD perimeter setbacks 15 ft., typical site coverage caps for PRDs) — see § 19.04 and related tables.
Where it applies: low-density neighborhoods and outskirts designated for estate lots.

RL (Residential Low), RS (Residential Suburban), RU (Residential Urban)

Purpose: graduated residential density from low- to moderate-intensity; intended for single-family or small-multiplex stock. (See Chapter 19.04.)
Uses: predominantly single-family; accessory uses per Table 04.01.
Dimensional highlights (code-level rules live in Chapter 19.04 and the tables):
- PRD/Small-lot rules include site coverage, setback and height guidance (e.g., PRD front/rear/side perimeter setback 15 ft.; detached single-family height 2½ stories / 35 ft. in many contexts).
Where it applies: standard residential neighborhoods across the city.

RM (Residential Medium), RMH (Residential Medium-High), RH (Residential High)

Purpose: medium- to high-density multi-family housing (townhomes, apartments, condominiums). § 19.04 establishes density minima/maxima and lot-size requirements.
Typical uses: multi-family dwellings; senior housing (with special density allowances under § 19.04).
Key numeric standards from the code:
- RM: minimum lot size 14,400 sq ft; maximum density 12 units/net acre. § 19.04.
- RMH: minimum lot size 20,000 sq ft; maximum density 24 units/net acre. § 19.04.
- RH: minimum lot size 20,000 sq ft; maximum density 31 units/net acre. § 19.04.
Where it applies: near higher-intensity corridors, transit nodes, and designated multi-family pockets.

RSH (Residential Student Housing) – overlay

Purpose: specialized overlay to allow student housing near CSUSB with its own density/area limits (see § 19.04 and RSH description). Specific parcels and acreage are identified in the code; if student use ceases the site reverts to the underlying zone.

CO (Commercial Office) and Commercial Zones

Purpose: professional office and lower-intensity commercial uses; commercial district standards are in Chapter 19.06.
Typical uses: offices, neighborhood retail (per Table 06.01 and the permitted-use matrices).
Key standards (representative extracts from Table 06.02 / § 19.06):
- CO front setback 15 ft, rear setback 10 ft, side setbacks 10 ft, lot coverage 50%, typical height limits by subzone (see Table 06.02).
Where it applies: commercial corridors and office parks; overlay rules (Transit Overlay) may supersede some placement rules.

Industrial zones (OIP / IL / IH / IE)

Purpose and standards: industrial zone development standards (net lot area, setbacks, lot coverage, heights) are in Chapter 19.08 Table 08.02. Typical front setbacks range 10–20 ft, lot coverage maximums 50–75%, heights vary by zone. See § 19.08 and Table 08.02.

(For all zone-specific permitted uses and the full numeric tables consult Chapter 19.04 and Chapter 19.06 and the zoning tables referenced above.)

What the code allows you to vary (short list)

Dimensional standards: distance between structures, lot area, lot coverage, lot dimensions, setbacks, structure heights (Variance may modify these items) — § 19.72.030.
Signs and parking/loading dimensions and counts can be adjusted by Variance — § 19.72.030(2–3).
Minor Exceptions can apply to the same measurable items but only up to 10% and only if no other entitlements are required — § 19.58.030.
Variances do not permit a change in allowed use — the code explicitly limits Variances to development standards and not use regulations (§ 19.72.010(3)).

Decision‑relevant Standards (table)

Question / Standard	What the reviewer looks for	Code reference
What may be varied?	Dimensional items (setbacks, heights, lot area, lot coverage), signs, parking/loading	§ 19.72.030
Findings required for approval	Six findings: special circumstances, preservation of property rights, no material detriment to public, not special privilege, not allow an otherwise prohibited use, consistent with General Plan	§ 19.72.050
Minor Exception cap	Up to 10% on measurable site/design standards; Director-level approval; if other entitlements needed, file as Variance	§ 19.58.030, § 19.58.050
Filing & timing	File per Chapter 19.32; Commission hears Variances; a Variance must be exercised within 1 year or it expires (extensions possible)	§ 19.72.020, § 19.72.080
Floodplain special rule	Flood variances require extra findings (minimum necessary, no increased flood heights); written notice must be recorded	§ 19.16.090 and related 19.16.050–.080

Checklist (what an applicant must satisfy)

Submit a completed Variance application per § 19.72.020 and the filing requirements in Chapter 19.32 (forms/fees).
Provide site plans, elevations, photos of adjacent properties, and a written statement addressing each required finding in § 19.72.050 (applicant bears the burden of proof under § 19.72.070).
Demonstrate the special circumstances (size, shape, topography, surroundings) that make strict code application deprive the parcel of privileges enjoyed by similar parcels (§ 19.72.050(1–2)).
For Minor Exceptions: show the proposed change is ≤ 10% and meets the findings in § 19.58.050; if other entitlements are required, file a Variance instead.
For properties in overlay zones (e.g., Flood Plain § 19.16, Transit Overlay § 19.19-A), include any overlay-specific technical studies (flood, geotechnical, or design) required by that chapter.
Expect a public hearing (Variance) with notice per Chapter 19.52; include required notice documentation and pay required fees (Chapter 19.32).
If approved, record any required notices (for example, flood variance notices required by § 19.16).

Risks & Ambiguities

Issue	Why it matters	What to verify
Variance cannot change an allowed use	Variances are limited to development standards; trying to use a Variance to permit a new use will be denied	Verify whether your project is a use issue (CUP required) or only a standards issue. See § 19.72.010(3).
Minor Exception 10% cap	Director-level relief is limited; larger departures require Commission-level Variance, adding time and cost	Confirm the percent change proposed; cite § 19.58.030 / § 19.58.050.
Floodplain variances are stricter	Flood variances require minimum-necessary findings and may trigger recorded notices; insurance implications	For properties in the Flood Plain Overlay, consult § 19.16.050–.090 and expect extra technical data.
Parcel-specific dimensional standards	Base zone tables and overlay rules may apply differently per parcel (e.g., station-area build-to lines, small-lot rules)	Verify the parcel’s zoning and applicable overlay(s) and consult the numeric tables in Chapter 19.04 / 19.06 / 19.08. Use § 19.02.060 to confirm zone.
Timing & expiration	Variances expire if not exercised (1 year) and can be revoked for noncompliance	Confirm time limits and extension procedures in § 19.72.080–.090.
Appeal and notice mechanics	Hearing notice rules are in a separate chapter; failing to meet notice rules can delay decisions	Check Chapter 19.52 (Hearings & Appeals) for exact notice distances, posting, and mailing timing. Not all notice detail is reproduced here. Not found in retrieved materials (see Information Gaps).

Plain-English Summary

If your San Bernardino property can't meet a numeric rule (setback, height, lot coverage, parking, signs) because of an unusual lot shape, slope, or similar constraint, you can apply for a Variance (Planning Commission) or a Minor Exception (Director, up to 10%). The City will only approve relief if you prove there are special circumstances, the change won't hurt neighbors or public welfare, and it doesn't create a new, unauthorized use — and for flood-area properties extra, strict tests apply. See the Variance findings in § 19.72.050 and Minor Exception rules in § 19.58.050.

Source References

City of San Bernardino Development Code — Chapter 19.72 (Variances): § 19.72.010 – § 19.72.110 (purpose, application, applicability, hearings, findings, burden of proof, expiration, revocation).
City of San Bernardino Development Code — Chapter 19.58 (Minor Exceptions): § 19.58.010 – § 19.58.110 (purpose, applicability, findings, expiration, revocation).
City of San Bernardino Development Code — Flood Plain Overlay: § 19.16.050 – § 19.16.090 (flood variance specifics, findings, recordation requirements).
City of San Bernardino Development Code — Zoning/Zone List and Residential/Commercial chapters: § 19.02.060 (establishment of zones), Chapter 19.04 (Residential zones & tables), Chapter 19.06 (Commercial zones & tables), Chapter 19.08 (Industrial standards).
Administration & procedure cross-references: Chapter 19.31 (review authorities / thresholds) and Chapter 19.32 (applications & fees) and Chapter 19.52 (hearings & appeals) — see table of review authority and filing rules.
Transit Overlay and PRD/building placement exceptions: Chapter 19.19-A (Transit Overlay District) and Chapter 19.20 (property development standards).

Additional internal pages for practical reference (GoCodebook menu links used in the body):

San Bernardino Zoning and Planning overview: San Bernardino Zoning (link used inline earlier) — see San Bernardino Zoning.
Development standards and parking references cited inline: San Bernardino Development Standards; San Bernardino Parking.
Design-review and overlay references: San Bernardino Design Review; San Bernardino Overlay Districts.
ADU reference (local ADU rules interplay with variances): San Bernardino ADUs.
State building code reference (construction standards separate from zoning): California Building Standards Code.

(Each chapter citation above is drawn from the uploaded Development Code excerpts returned by file_search; the items cited are the specific § numbers noted in those excerpts.)

Information Gaps

The Development Code cross‑references application forms and fee schedules in Chapter 19.32, but the uploaded materials do not include the numeric fee amounts or the current application packet contents. Not found in retrieved materials (verify with the Community Development counter).
Details of the notice radii, posting requirements, and exact timelines for hearings/appeals are referred to Chapter 19.52 but the precise mailing/posting distances and timelines are not reproduced in the excerpts retrieved. Not found in retrieved materials (verify with Chapter 19.52 / Department).
Parcel-specific application of overlay setbacks (e.g., exact Transit Overlay station-area tables or small-lot exceptions on a specific parcel) require a parcel-level zoning/overlay map check and the full numeric tables. Verify with Planning staff / zoning map.

Sources

Retrieved passages

San Bernardino Zoning Code (Section and) High relevance
San Bernardino Zoning Code (Section 19.72.050) High relevance
San Bernardino Zoning Code (Section shall) High relevance
San Bernardino Zoning Code (Chapter 19.32) High relevance
San Bernardino Zoning Code (CHAPTER 19.74) High relevance
San Bernardino Zoning Code (Section 19.58.050) High relevance
San Bernardino Zoning Code (Section 19.52.080) High relevance
San Bernardino Zoning Code (Section 66499.11) Medium relevance
San Bernardino Zoning Code (Chapter 19.32) High relevance
San Bernardino Zoning Code (Section 19.30.200) High relevance
San Bernardino Zoning Code High relevance
San Bernardino Zoning Code (Section 19.36.050) Medium relevance
San Bernardino Zoning Code (Chapter are) Medium relevance
CFC § 66314 (§ 66314) Medium relevance
San Bernardino Zoning Code Medium relevance
San Bernardino Zoning Code Medium relevance
San Bernardino Zoning Code (Section 19.04.030) Medium relevance
San Bernardino Zoning Code (section shall) Medium relevance
San Bernardino Zoning Code (section establishes) Medium relevance

Cited sections

Official San Bernardino code library

Frequently asked questions

What can a variance change in San Bernardino?

A Variance in San Bernardino can modify dimensional development standards such as setbacks, lot area/dimensions, lot coverage, building heights, and sign or parking requirements — but it cannot change what uses are allowed on the property. The applicable list of allowable Variance modifications is in § 19.72.030, and the prohibition on changing uses is in § 19.72.010(3).

How does a Minor Exception differ from a Variance?

A Minor Exception is Director-level and limited to measurable design/site items up to 10% (setbacks, heights, on-site parking, lot dimensions, distances between structures). Anything exceeding 10% must be filed as a Variance. See § 19.58.030 and the required findings in § 19.58.050.

What findings must be shown to get a Variance?

The Planning Commission must make the six findings listed in § 19.72.050: (1) special circumstances (size/shape/topography/etc.), (2) necessary to preserve property rights, (3) not materially detrimental to public health/safety/welfare, (4) not a special privilege, (5) not authorizing a prohibited use, and (6) consistent with the General Plan. The applicant carries the burden of proof under § 19.72.070.

How long does a Variance approval last?

A Variance must be exercised within one year from the date of approval or it becomes null and void; the Commission may grant a time extension (up to 12 months) if the extension application is filed 30 days prior to expiration. See § 19.72.080 and § 19.72.090.

Can I get a variance if my lot is in the Flood Plain Overlay?

Yes, but floodplain variances are subject to additional and stricter tests: the Commission must find the variance is the minimum necessary, the variance will not increase flood heights (no variances in floodways that increase flood levels), and the applicant must accept recorded written notices about flood insurance/risks. See § 19.16.050–.090 for flood-variance requirements and recordation.

Will prior Variances make it easier to get a new one?

No. The Development Code says the granting of a prior Variance or Minor Exception is not admissible evidence in favor of a new Variance — each application is judged on its own facts and findings (§ 19.72.060 and § 19.58.060).

Do Variances apply to parking and signage?

Yes. A Variance may modify signage regulations and the number/dimensions of parking and loading spaces as enumerated in § 19.72.030; Minor Exceptions can also address on-site parking changes up to 10% under § 19.58.030.

If I need both a Development Permit and a Variance, which is decided first?

The rule is to file related permits concurrently; the final decision will be made by the highest review authority required. Table 31.01 (Threshold of Review) explains the review authority and that concurrent filing is allowed; where a Variance is involved the Commission will typically be the decision body. See Chapter 19.31 (Table 31.01) and § 19.31.020 (multiple applications).

Can a Minor Exception be revoked?

Yes. The Director may hold a hearing to revoke or modify a Minor Exception for reasons such as changed circumstances, fraud, suspension for six months, noncompliance with conditions, violations of law, or if the permitted improvement becomes a public nuisance; see § 19.58.110.

Where do I find the numeric setbacks and lot coverage for my zone?

Numeric standards appear in the zone-specific chapters and tables (for example, the residential and commercial development standards tables in Chapters 19.04, 19.06, and 19.08). For parcel-level application, confirm the parcel’s base zone and any overlay (Transit Overlay, Flood Plain, Hillside Management), then read the numeric table rows for that zone (see Chapter 19.04 and Table 04.01 / 04.02 and Table 06.02). If you need a parcel-specific interpretation, verify with the City. ---

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