Local zoning · Solano County

Solano County — Variances and Exceptions

Q: What notice and appeal rights exist for variance/waiver decisions?

Public notice and hearing are required for variances per § 28.04 and the Planning Commission hearing rules; Director waiver decisions include contiguous-owner notice and may be nonappealable when approved but denials are appealable under § 28.112 . Verify noticing timelines with the Department.

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

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Last reviewed: July 3, 2026

Overview

In unincorporated Solano County, variances (major deviations from numerical or dimensional zoning rules) are handled differently than waivers and reasonable accommodation exceptions. The Planning Commission is the decision body for most variances under § 28.107, while the Director of Resource Management can grant many residential waivers and reasonable accommodations under § 28.108. This page summarizes who decides, the legal findings required, how notice/appeals work, and how district standards interact with variance/waiver requests in the unincorporated areas.

What the Code Requires (core rules)

Authority to grant a variance: The Planning Commission may grant variances from the Zoning Chapter; a variance may never be used to permit a use that is not allowed in the subject district. See § 28.107(A) and the variance findings in § 28.107(B).
Required findings for a variance: The applicant must show (1) special circumstances of the parcel (size, shape, topography, location, surroundings) make strict application of the code deprive the parcel of privileges enjoyed by other similarly zoned properties, and (2) the variance will not create a special privilege inconsistent with other properties in the vicinity. See § 28.107(B)(1)–(2).
Application, hearing, notice, and action: Variance applications are filed with the Department per § 28.107(C); the Planning Commission holds a public hearing and gives notice as required by § 28.04; the Commission may grant the variance if the findings are satisfied (§ 28.107(D)–(F)). Appeals are governed by § 28.112.
Expiration and reapplication limits: A granted variance must be exercised within one year or it becomes void (§ 28.107(G)). If a variance is denied, reapplication is barred for six months unless substantial change of circumstances is shown (§ 28.107(H)).
Administrative waivers (residential): The Director of Resource Management may administratively waive certain development and architectural residential standards listed in the code (specific cross-referenced standards in § 28.71.10(B)(1)(c), § 28.72.10(A)(2), § 28.72.30(B)(1)(c), and § 28.72.30(B)(1)(f)(6)) so long as the proposed building meets design/construction standards in § 28.91 and maintains character consistent with the zoning regulations. Notice rules (including contiguous owner notice) apply; if a written objection is received the Director forwards the matter to the Planning Commission. See § 28.108(A).
Reasonable accommodation waiver (disability): The Director may grant reasonable accommodations (a different, statutorily supported exception) without needing a variance; approval is evaluated under factors in § 28.108(B) (e.g., whether the requested accommodation is necessary to afford housing to a protected person, existence of alternatives, undue burden on the County). See § 28.108(B).
Zoning clearance relevance: Before building permits or health permits for nonconforming uses, a zoning clearance may be required and must document extent of nonconformity; zoning clearance procedures are in § 28.109. This matters because approved variances/waivers become part of the enforcement and clearance record.
Appeals and finality: Director or Zoning Administrator approvals (some waivers/zoning clearances) may be final but parts of the code allow review by the Board or appeal to the Planning Commission per § 28.112 and related subsections. See § 28.112.

District-by-district guidance (how variances/waivers typically interact with district standards)

Below are representative zoning districts in the Solano County Unincorporated Zoning Chapter with the way variance/waiver requests commonly interact with the district standards. For each district the code text for the district’s dimensional and use tables is the controlling source; verify parcel-specific rules with the Department.

Notes before the district list:

For dimensional and accessory-building standards consult the county’s development standards tables and sections (e.g., Table 28.23C, Table 28.31C, Table 28.32C). Use the County’s Development Standards page for related policy interpretation. Solano County Development Standards
Parking and architectural requirements may be relevant evidence in waiver or variance review; link to the County’s parking and design review pages when preparing an application. Solano County Parking Solano County Design Review

A‑SV‑20 (Agricultural—Special Valley, A‑SV‑20)

Purpose & typical uses: Primarily agricultural and farm-related uses; accessory residential allowed per district rules. See Table references for agricultural use permit rules.
Key dimensional standards: Accessory buildings in A‑SV‑20 follow Table 28.31C; typical rear setbacks are 20 ft, height limit commonly 35 ft unless otherwise noted. Variances may address especially large accessory structures or reduced setbacks caused by irregular parcel shape; waivers for accessory setbacks are limited and require neighbor notice.
Where it applies: Primarily unincorporated valley/agricultural areas shown on the zoning map; policy overlays may add conditions. See Table 28.23C and Section 28.23.50 for agricultural-specific rules.

ATC and ATC‑NC (Agricultural Transition ATC, ATC‑NC)

Purpose & uses: Transition between agricultural and more intensive uses; limited commercial/service uses may be allowed with administrative/conditional permits.
Dimensional standards: Accessory building setbacks, parking, and frontage standards are established in the district tables and referenced in Table 28.23C; variance findings must show special site circumstances, not user conflicts.

R‑R (R‑R 2‑1/2, R‑R 5, R‑R 10)

Purpose & uses: Rural residential—large-lot residential and accessory agricultural uses; uses and accessory building rules are in Table 28.31C.
Key standards that trigger variances: Front setbacks frequently large (e.g., 60 ft), side-yard minimums and between‑structures separation (10 ft) and accessory building height (35 ft)—common variance requests reduce setbacks for barns, garages, guesthouses, or to place structures on irregular lots. See Table 28-31C and § 28.93 for measurement rules.

R‑TC & R‑TC‑MU (Traditional Community Residential, R‑TC, R‑TC‑MU)

Purpose & uses: Denser traditional residential neighborhoods; mixed‑use allowed in R‑TC‑MU. See Table 28.32C for building height and accessory dwelling rules.
Key dimensional standards: Height often capped (example: 35 ft in many R‑TC designations), front yard depths vary by sub‑district; variances often address lot coverage, front/side setbacks in older neighborhoods. Waivers for small residential architectural features may be processed administratively in some cases per § 28.108 where the code cross‑references these residential sections.

Commercial districts (e.g., C‑N, C‑R, C‑H, C‑O)

Purpose & uses: Neighborhood, regional, highway commercial, and office districts—permitted uses are listed in Table 28.41A; conditional or administrative permits are common for specific commercial activities.
Dimensional issues that generate variances: Building coverage, parking location/amount, setback encroachments for redevelopment. Note: commercial use changes are not eligible for a variance if the use itself is not permitted in the base district (see § 28.107(A)).

Overlay and special districts (Policy Plan Overlay -PP, Historic resources, Flood, W District)

Purpose & effect: Overlay districts may set parcel‑specific standards that modify the base zone (e.g., -PP requires a detailed development plan). Variances/waivers must reconcile both the base district standards and overlay provisions; applicants should reference the overlay plan standards in their findings. See the Policy Plan Overlay rules and overlay mapping requirements in Section 28.16 and related subsections.

(For full, parcel‑specific district tables consult the County’s Zoning chapter tables and the County’s Zoning and Overlay Districts pages.)

Quick reference table — Variance vs Waiver vs Reasonable Accommodation

What it changes	Decision authority	Typical notice/hearing	Appealability	Code reference
Variance (major dimensional or administrative relief; cannot allow prohibited uses)	Planning Commission	Public hearing with notice per § 28.04	Appealable to Board per § 28.112	§ 28.107
Administrative waiver (listed residential standards)	Director of Resource Management (may be referred to Commission if objection)	Contiguous-owner notice 10 days for waivers; public hearing if objection per § 28.108(A)	Director approval nonappealable; denial appealable per § 28.112	§ 28.108
Reasonable accommodation (for persons with disabilities)	Director of Resource Management	Noticing per § 28.04(F); reviewed administratively	Decision review/appeal procedures apply per Chapter	§ 28.108(B)

Checklist (what an applicant must prepare for a variance or waiver in unincorporated Solano County)

Completed application and fee as set by Board of Supervisors (§ 28.107(C)).
Site plan and elevations showing exactly which standards need relief and why (demonstrate parcel size/shape/topography/location/surroundings that create the hardship) (§ 28.107(B)(1)).
Written narrative showing the variance will not grant a special privilege inconsistent with nearby properties (§ 28.107(B)(2)).
Evidence of compliance with applicable development standards or, for waivers, evidence the project meets § 28.91 design/construction standards (if claiming an administrative residential waiver) (§ 28.108(A)).
Proof of CEQA compliance (if required) and any environmental documents before scheduling a hearing (§ 28.04, hearing scheduling rules).
For waivers: documentation of neighbor notice and evidence whether written objections were received (10‑day contiguous owner notice) (§ 28.04(F) and § 28.108(A)).
For reasonable accommodation: documentation the occupant is a person with a protected disability, why the accommodation is necessary, and consideration of alternatives and burdens (§ 28.108(B)).

Risks & Ambiguities

Issue	Why it matters	What to verify
Administrative waiver vs variance	Different decision body, notice, and appeal rules; Director may approve some waivers but not change use permissions.	Confirm the specific standard you want waived is listed among the residential standards cross‑referenced in § 28.108(A); otherwise apply for a variance.
“Special circumstance” standard is fact‑specific	The code requires parcel‑level proof (size/shape/topography/etc.) and comparability to similarly zoned properties; poor evidence = denial.	Collect aerials, survey, neighborhood comparisons, and site photos; verify comparable parcels. See § 28.107(B).
Overlay district conflicts	Overlay standards (e.g., -PP) can impose additional findings or design requirements that complicate relief.	Identify overlays on the parcel and include overlay findings/consistency evidence per overlay rules. See Policy Plan Overlay provisions.
Reasonable accommodation limitations	Reasonable accommodations are personal privileges and may not run with title (county treats them as limited in some cases).	Verify whether County treats the grant as personal (see § 28.108(B)) and whether successor owners are affected.
Timing and expiration	A variance expires if not exercised within one year; appeals and reapplications have time bars.	Plan construction timelines and consider obtaining permits quickly after approval (§ 28.107(G)).

Plain-English Summary

If you own property in unincorporated Solano County and need a dimensional or standards change, apply for a variance (Planning Commission, show special parcel circumstances) or, for certain residential design standards, request an administrative waiver from the Director (often faster but limited). For disability‑related adjustments, request a reasonable accommodation under the separate criteria in § 28.108(B). All actions have notice, hearing, and appeal rules—so collect photographic, survey, and comparative neighborhood evidence before filing.

Source References

Solano County Zoning Chapter — Variances: § 28.107 (Authority, findings, application, hearing, expiration, reapplication, appeal).
Solano County Zoning Chapter — Waivers (residential) & Reasonable Accommodation: § 28.108(A)–(B) (administrative waiver, reasonable accommodation factors).
Solano County Zoning Chapter — Zoning Clearance procedures: § 28.109.
Solano County Zoning Chapter — Noticing and scheduling rules (public notice requirements, contiguous-owner notice for waivers): § 28.04 (notice provisions referenced throughout).
Solano County Zoning Chapter — Appeals: § 28.112 (appeal timelines and procedures).
Development standards and tables cited for district dimensional rules: Table 28.31C, Table 28.23C, Table 28.32C, Table 28.41A (see chapter tables and district subsections for R‑R, R‑TC, A‑SV‑20, commercial districts).

Related County resource pages (internal links referenced in text):

If you need parcel‑specific confirmation (setbacks measured to a lot line, specific overlay requirements, or whether a use is allowed), verify with the Department of Resource Management (Zoning Administrator) because the code requires parcel-level findings and the application of multiple tables and overlays. Verify with the jurisdiction.

Sources

Retrieved passages

Solano County Zoning Code (§16) High relevance
Solano County Zoning Code (Section 28.04) High relevance
CBC § 10 (Chapter shall) High relevance
Solano County Zoning Code (Section 28.04) High relevance
CBC § 4291 (Chapter 28) Medium relevance
Solano County Zoning Code (Section are) Medium relevance
Solano County Zoning Code (§7) Medium relevance
Solano County Zoning Code (Section 28.112.) Medium relevance

Cited sections

Solano County Zoning Chapter — **Variances**: **§ 28.107** (Authority, findings, application, hearing, expiration, reapplication, appeal). (§ 28.107)
Solano County Zoning Chapter — **Waivers (residential) & Reasonable Accommodation**: **§ 28.108(A)–(B)** (administrative waiver, reasonable accommodation factors). (§ 28.108)
Solano County Zoning Chapter — **Zoning Clearance procedures**: **§ 28.109**. (§ 28.109)
Solano County Zoning Chapter — **Noticing and scheduling rules** (public notice requirements, contiguous-owner notice for waivers): **§ 28.04** (notice provisions referenced throughout). (§ 28.04)
Solano County Zoning Chapter — **Appeals**: **§ 28.112** (appeal timelines and procedures). (§ 28.112)
Development standards and tables cited for district dimensional rules: **Table 28.31C**, **Table 28.23C**, **Table 28.32C**, **Table 28.41A** (see chapter tables and district subsections for R‑R, R‑TC, A‑SV‑20, commercial districts). (chapter tables)
Solano County Development Standards
Solano County Parking
Solano County Design Review
Solano County Zoning
Solano County Overlay Districts
California Building Standards Code
SolanoCounty_ZoningCode.md

Frequently asked questions

What is required to obtain a variance in unincorporated Solano County?

You must apply to the County and show (1) special circumstances of the parcel that the strict code deprives the property of privileges enjoyed by similarly zoned properties, and (2) the variance doesn’t create a special privilege inconsistent with nearby properties; the matter goes to the Planning Commission for a public hearing under § 28.107.

Can a variance let me build a use that isn’t allowed in my zoning district?

No — the Planning Commission is explicitly prohibited from granting a variance to allow a use not permitted in the subject zoning district; variances only relax standards, not allowable uses (§ 28.107(A)).

When can the Director grant a waiver instead of a variance?

The Director may administratively waive certain residential development and architectural standards listed by cross‑reference (e.g., provisions in § 28.71.10(B)(1)(c) and related subsections) if the building meets § 28.91 design/construction standards and no timely written objection is received; if there’s an objection the matter is heard by the Planning Commission (§ 28.108(A)).

How does a reasonable accommodation differ from a variance?

A reasonable accommodation is an administrative waiver process to remove zoning barriers for persons with disabilities and is evaluated under factors in § 28.108(B) (necessity, alternatives, undue burden, fundamental alteration). It is separate from variances and can be granted without pursuing a variance.

What notice and appeal rights exist for variance/waiver decisions?

Public notice and hearing are required for variances per § 28.04 and the Planning Commission hearing rules; Director waiver decisions include contiguous-owner notice and may be nonappealable when approved but denials are appealable under § 28.112. Verify noticing timelines with the Department.

Do variances expire?

Yes — if a variance is not exercised within one year from the date granted, it becomes null and void (§ 28.107(G)). Plan construction and permit timing accordingly.

Will a variance or waiver change how parking or design review rules apply?

A variance may modify dimensional requirements tied to parking or building placement, but you still must show compliance with applicable parking rules and design standards or obtain separate approvals. Refer to the County’s parking standards and design review rules when preparing applications. See § 28.94 (parking references in district tables) and waivers cross‑referencing § 28.91. Solano County Parking

Can I reapply immediately if my variance request is denied?

No — a new application covering all or part of the property that was denied cannot be accepted for six months after the effective date of the final denial unless you can show a substantial change in circumstances (§ 28.107(H)).

Do overlay districts or policy plan overlays change the variance criteria?

Overlay requirements may impose additional findings or standards an applicant must satisfy; a variance must be consistent with both the base district and any applicable overlay provisions (policy plan overlay details in the overlay rules). Verify overlay requirements for the parcel.

Are reasonable accommodation approvals permanent and transferrable?

The code states that a grant of reasonable accommodation is a personal privilege that may not apply to successors in interest in some instances; check § 28.108(B) and confirm with the County whether the approval runs with the land or is limited to the current occupant.

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