Local zoning · Tehama

Tehama — Variances and Exceptions

Q: Can I get an administrative adjustment for accessibility (e.g., a wheelchair ramp into the front yard setback)?

Yes — requests for reasonable accommodation for persons with disabilities are handled administratively by the city administrator or designee and judged on necessity, burden, and alternatives. See § 17.30.020–040 .

Q: How quickly are reasonable accommodation decisions made?

The ordinance assigns the city administrator (or designee) as review authority and anticipates a written decision (approve, conditionally approve, approve with modifications, or deny) after application; the code requires the applicant supply evidence to support required findings. See § 17.30.030–040 .

Variances and Exceptions under the Tehama 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 Tehama handles variances, exceptions, waivers, and related discretionary relief under Title 17 (Zoning). It covers the local procedures, the written findings the city requires, the distinct paths for use permits/variances and reasonable accommodations, and where the code creates targeted waiver authority (for example, marijuana cultivation). All requirements below are grounded in the Tehama zoning ordinance; verify parcel‑specific details with the city. § citations follow each rule.

How Tehama handles Variances vs Exceptions (plain process orientation)

Variances / Use Permits — discretionary actions processed through the planning commission (public hearing) and city council; the code requires written findings about impacts to health, safety, welfare, and conformity with the open‑space plan before a variance or use permit can be granted. § 17.28.010–040.
Reasonable Accommodations — an administrative form of exception for qualified persons with disabilities (adjustments to standards such as setbacks) processed by the city administrator (or designee) using specific findings about necessity and burden. § 17.30.010–040.
Statutory Waivers (topic‑specific) — the code contains narrowly framed waiver authority (for example, waiver of certain marijuana‑cultivation registration requirements on a showing of unusual hardship or good cause). Such waivers are time‑limited to the registration term and may be appealed. § 17.32.

Note: Tehama treats some fence, manufactured home, and other deviations as requiring a use permit (an exception granted by council) rather than a formal "variance" label; see the specific chapters listed below.

Ordinance authority and controlling chapters (what to read)

Title 17, Chapter 17.28 — Use Permits and Variances (procedures, public hearing, findings).
Title 17, Chapter 17.30 — Reasonable Accommodation (administrative exception for disability‑related needs).
Title 17, Chapter 17.32 — Marijuana Cultivation (registration, and limited waiver authority).
Title 17, Chapter 17.16 — Open‑Space District (examples of permitted uses; where deviations may be relevant).
Title 17, Chapter 17.60 — Accessory Dwelling Units (standards) (when dimensional standards may interact with requests for relief).

District‑by‑district breakdown (only districts found in retrieved materials)

Below are the districts and overlays explicitly referenced in the retrieved Tehama materials. Where the ordinance text does not give a full set of numeric standards (e.g., exact front yard setbacks for "R‑1"), the entry states that fact — verify with the city.

Residential (the Residential area / district)

Purpose: allows single‑family and related residential uses; manufactured homes are permitted in the Residential area subject to standards. § 17.24.010.
Typical permitted uses: single‑family dwellings, manufactured homes (meeting age, foundation, size and HUD/ HCD insignia rules), accessory dwelling units (subject to the ADU chapter). § 17.24.010, 17.60.080.
How variances/exceptions apply: deviations such as fences over the standard limit or placing a manufactured home that is older than code textually allowed require a use permit or other discretionary approval; the planning commission holds a public hearing. § 17.20.010, 17.28.020–030.
Where it applies: within the municipality’s established residential area (map not in retrieved materials). Verify exact zone maps with the city. Not found in retrieved materials.

Multi‑Family Residential (the Multi‑Family zone)

Purpose: allow duplexes, triplexes, apartments and townhouse development. Definitions and ADU allowances reference multi‑family standards. § 17.60.080, definitions.
Typical permitted uses: multifamily dwelling units, conversions may permit ADUs per special rules (including percent‑of‑units conversion allowance). § 17.60.080.
How variances/exceptions apply: where dimensional standards would preclude an ADU, the code contains special allowances but other deviations generally follow the use permit/variance path. § 17.60.080(B).

Open‑Space District (the Open‑Space District / Open‑Space‑1)

Purpose: protect riverbank access, wildlife preservation, scenic beauty and limit development (explicit permitted uses listed). § 17.16.010.
Typical permitted uses: production of food/fiber, parks, publicly owned recreation areas, riverbank access, wildlife preservation. § 17.16.010.
How variances/exceptions apply: major improvements in open‑space may require referral to the planning commission and explicit finding of conformity with the open‑space plan; discretionary approvals are available only after that report. § 17.16.010(B).

Historic District / Historic Overlay (the Historic District / Historic Overlay Zone)

Purpose: preserve character — ADU and other design standards are required to be consistent with historic guidelines if located in these zones. § 17.60.080(I)(2).
Typical permitted uses & deviations: standard ADU allowances apply but design compatibility is enforced; exceptions would be considered through the usual discretionary approval pathways. § 17.60.080.

If your parcel sits in a named subzone (for example an "R‑1" or "C‑1" label), those specific numeric standards and map boundaries were not present in the retrieved materials — verify with the city. Not found in retrieved materials.

Key standards and decision‑relevant rules (quick reference table)

Topic	What the code requires for relief	Code Reference
Who issues variances / use permits	Planning commission holds hearing; city council may issue use permits (revocable/conditional) for businesses and commercial structures in residential areas.	§ 17.28.010–030.
Findings required for approval	Written findings that the proposed use/variance will or will not be detrimental to environment, open‑space plan, safety and general welfare; planning commission findings submitted to council.	§ 17.28.040–050.
Application fee for use permits	Filing fee stated at application: $15.00 (payable to city) plus required plans/specs; forms required.	§ 17.28.020.
Reasonable accommodation (disability)	Administrative application to city administrator; decision based on necessity, burden, alternatives; can be rescinded if discontinued.	§ 17.30.020–060.
Waiver for marijuana registration	Director may waive certain registration subdivisions for unusual hardship/good cause; waiver lasts until registration expiration and is appealable.	§ 17.32 (waiver language).
ADU exceptions	ADUs allowed with relaxed parcel size/minimums; where parcel coverage would preclude an ADU, one ADU up to 800 sq ft is allowed.	§ 17.60.080(B).

Practical guidance and interpretation (what planners look for)

The Tehama code treats variances and use permits as discretionary and facts‑dependent: the applicant must supply evidence that the project will not harm public welfare and that the requested relief is the minimum necessary. See § 17.28.040 for the expectation that findings be prepared in writing.
For requests tied to housing accessibility, use the reasonable accommodation path (administrative review, quicker than a use permit and judged on necessity for equal housing opportunity). See § 17.30.020–040.
Some topic‑specific deviations (for example, marijuana cultivation compliance waivers) are governed inside their chapter and are not general "variances"; follow that chapter’s appeal path. § 17.32.
Always check overlapping requirements such as parking, development standards (setbacks/height), design review, and overlays: variances may be denied where they conflict with an overlay’s purpose (e.g., a historic overlay). Link to municipal resources for these topics: parking, Tehama Development Standards, Tehama Design Review, Tehama Overlay Districts, Tehama ADUs, Tehama Zoning. Also remember building‑level approvals remain under the California Building Standards Code.

Checklist — what an applicant must satisfy (preparation steps)

Prepare a complete application form and pay the filing fee (use permit/application fee $15.00 where applicable). § 17.28.020.
Assemble plans/specifications showing the deviation and alternatives that meet standards; include site plan, dimensions, and compatibility analysis (planning commission expects sufficient detail). § 17.28.020–040.
For reasonable accommodation requests: provide documentation that the housing will be used by a qualifying disabled person and evidence the requested modification is necessary and the least burdensome. § 17.30.020–040.
Prepare written findings or a narrative addressing the required findings: effects on environment, open‑space plan, health/safety/welfare, and whether the request imposes undue burden or fundamental program changes. § 17.28.040, § 17.30.040.
Expect public notice and a hearing before the planning commission; be ready to present and respond to public comment. § 17.28.030.
If subject to a topic chapter (e.g., marijuana cultivation), prepare any special waiver justification required by that chapter (unusual hardship/good cause). § 17.32.

Risks & Ambiguities

Issue	Why it matters	What to verify
Exact zone labels and numeric standards (e.g., “R‑1” setbacks, lot coverage)	The retrieved materials discuss Residential and Open‑Space but do not publish a full zoning map or all numeric standards; variance analysis depends on those numbers.	Verify the official zoning map and the district schedule of development standards with the City of Tehama. Not found in retrieved materials.
Whether a request is processed as a use permit vs. variance vs. administrative waiver	Different paths have different timelines, hearings, appeal rights and fees; misfiling can delay a project.	Confirm with planning staff which approval type applies to your deviation (cite: § 17.28 and the relevant topic chapter).
Overlap with historic or overlay rules	Overlays can impose stricter design standards or require design review; a variance that undermines an overlay’s purpose may be denied.	Check whether the parcel is in a historic overlay or other overlay and read related design guidance. § 17.60.080(I)(2).
Waiver time limits and appealability (marijuana chapter example)	Some waivers are tied to registration terms and can expire; appeals may be de novo to council/hearing officer.	If seeking a waiver, document hardship and be ready to appeal within 10 days per the marijuana chapter rules. § 17.32.
Interaction with building permits and Title 24	A variance from zoning does not override building code or floodplain rules; separate approvals may be required.	Building code compliance remains mandatory; coordinate discretionary approvals with building permit review (California Building Standards Code). Not found in retrieved materials for specific crosswalks; verify with city.

Information Gaps

The retrieved materials do not include a complete zoning map or a consolidated schedule of district dimensional standards (specific setbacks, lot coverage percentages, exact zone labels like R‑1, C‑1). Not found in retrieved materials.
The materials do not show a consolidated variance/adjustment checklist nor an explicit variance findings checklist beyond the general written findings language. Verify forms and application checklists with planning staff. Not found in retrieved materials.

Plain‑English Summary

If you need to reduce a setback, exceed a fence height, or ask for any other local exception in Tehama, expect a discretionary review: apply with plans and a short narrative, attend a public hearing (for use permits/variances), and show the city’s required written findings that your request won’t harm public welfare; for disability‑related changes use the faster reasonable‑accommodation path. Key rules live in Title 17, Chapters 17.28 and 17.30.

Source References

Tehama Municipal Code, Title 17 — Chapter 17.28: Use Permits and Variances, §§ 17.28.010–060.
Tehama Municipal Code, Title 17 — Chapter 17.30: Reasonable Accommodation, §§ 17.30.010–060.
Tehama Municipal Code, Title 17 — Chapter 17.32: Marijuana Cultivation (waiver language and appeals).
Tehama Municipal Code, Title 17 — Chapter 17.60: Accessory Dwelling Units, § 17.60.080 (ADU standards and exceptions).
Tehama Municipal Code, Title 17 — Chapter 17.16: Open‑Space District, § 17.16.010 (permitted uses).
Internal municipal topic pages referenced in text: Tehama Zoning, Tehama Development Standards, parking, Tehama Design Review, Tehama Overlay Districts, Tehama ADUs, California Building Standards Code.

Sources

Retrieved passages

Tehama Zoning Code (Chapter 17.32) High relevance
Tehama Zoning Code (Section 17.30.040) Medium relevance
CBC § 198 (Chapter 17.24) Medium relevance
Tehama Zoning Code (section 17.30.030) Medium relevance
CBC § 198 (chapter shall) Medium relevance
Tehama Zoning Code (Chapter 8.08) Medium relevance
Tehama Zoning Code (Chapter 17.30) Medium relevance
Tehama Zoning Code (Chapter 8.08) Medium relevance

Cited sections

Official Tehama code library

Frequently asked questions

What is the difference between a variance and a use permit in Tehama?

A variance/use permit in Tehama is a discretionary approval reviewed with public notice; the planning commission holds hearings and the city requires written findings that the request will not be detrimental to the public welfare. The code treats certain exceptions (like fences or some commercial uses in residential areas) as use permits rather than informal variances. See § 17.28.010–040.

How do I apply for an exception to setback or fence height rules?

File the required application with plans and the fee (the code cites a filing fee, e.g., $15.00 for a use permit), prepare a findings narrative addressing impacts, and attend the planning commission hearing after public notice. See § 17.28.020–030 and the fence rules at § 17.20.010.

Can I get an administrative adjustment for accessibility (e.g., a wheelchair ramp into the front yard setback)?

Yes — requests for reasonable accommodation for persons with disabilities are handled administratively by the city administrator or designee and judged on necessity, burden, and alternatives. See § 17.30.020–040.

Are there special waiver rules for marijuana cultivation exceptions?

Yes — the marijuana cultivation chapter allows the director to waive specified registration provisions for unusual hardship or good cause; waivers run only until the registration expires and are appealable. See § 17.32.

If a variance is granted, can it be revoked?

Yes — permits granted with conditions can be revoked if conditions are not met; the council must give notice and hold a hearing before revocation; and certain use permits lapse if not used within six months. See § 17.28.060 and related revocation rules.

Will a zoning variance let me avoid building‑code or floodplain requirements?

No. A zoning variance does not waive compliance with the California Building Standards Code or other state technical standards; building permits and floodplain rules remain separate requirements. For variance authority in floodplain contexts, consult building/flood sections and the state code; specifics not in retrieved municipal materials. Not found in retrieved materials.

Do ADU rules in Tehama reduce the need for variances?

Partially — the ADU chapter allows relaxed parcel size/coverage rules in certain circumstances (for example, an ADU up to 800 sq ft when parcel coverage would otherwise preclude one). However, other dimensional deviations may still need discretionary approval. See § 17.60.080(B).

Who prepares the required written findings for a variance?

The planning commission prepares written findings which are then submitted to the city council for final action; the findings must state whether the proposed use/variance will be detrimental under the circumstances. See § 17.28.040–050.

How quickly are reasonable accommodation decisions made?

The ordinance assigns the city administrator (or designee) as review authority and anticipates a written decision (approve, conditionally approve, approve with modifications, or deny) after application; the code requires the applicant supply evidence to support required findings. See § 17.30.030–040.

What if my property is in an overlay district?

Overlay district rules (for example historic overlays) can require design compatibility and add criteria that affect whether a variance or exception is granted; ADU and other designs in historic districts must follow overlay guidelines. Check the parcel overlay designation and applicable guidelines. See § 17.60.080(I)(2).

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