Dorris — Variances and Exceptions

Overview

In Dorris, a variance is a discretionary approval to depart from the strict application of zoning development standards when unique property conditions would otherwise deprive the site of privileges enjoyed by comparable properties. The City Council is the decision-maker and must make specific findings before granting relief. Use variances are not allowed: a variance cannot authorize a use the zoning district does not permit. Separate “exceptions” exist by rule in Special Provisions (e.g., setback and height exceptions), in the sign chapter, and for housing waivers under the Density Bonus law.

Bottom line: Dorris variances can relax development standards, but never to change the allowed use. The City Council must find special circumstances and no special privilege (§ 18.80.030; § 18.80.070).

What counts as a “variance” in Dorris

• The city defines a variance as a discretionary entitlement allowing departure from development standards in Title 18 (§ 18.08.2310).
• The City Council may approve a variance only when special circumstances of the property (size, shape, topography, location, surroundings) mean strict application would deprive the property of privileges enjoyed by other similarly zoned properties (§ 18.80.030(A)).
• Any variance may be conditioned so it does not become a special privilege inconsistent with other nearby properties in the same zone (§ 18.80.030(B)).

Required City Council findings

To approve a variance, the Council must find all of the following (§ 18.80.070):

• Special circumstances unique to the property cause deprivation of privileges under identical zoning (§ 18.80.070(A)).
• The adjustment will not grant special privileges inconsistent with limitations on nearby properties in the same zone (§ 18.80.070(B)).
• The request is not a use that the district otherwise prohibits (§ 18.80.070(C)).

What a variance can and cannot do

• Can address development standards tied to Title 18 (e.g., setbacks, height, coverage, site standards, or dimensional components of parking) when the findings are met (§ 18.08.2310; § 18.80.030).
• Cannot authorize a use in a district where that use is not otherwise permitted or conditionally permitted (§ 18.80.030(C)).
• In the sign chapter, no “use variance” can be used to allow a prohibited sign type in a district (§ 18.72.140(B)).

Exceptions you may not need a variance for

Before filing a variance, check by-right exceptions and topic-specific relief:

• Special Provisions: Title 18 contains specific exceptions and tailored rules that may address your issue without a variance, including fences/walls/hedges (§ 18.84.130), height limits (§ 18.84.190), setback exceptions (§ 18.84.200), and other targeted allowances (§ 18.84.010; ch. 18.84 headings).
• Signs: The sign code governs what’s allowed and how relief works; no use variances for prohibited sign types (§ 18.72.140; see also Dorris Signage).
• Housing Density Bonus waivers: Housing projects eligible under Gov. Code 65915 may seek waivers/reductions of development standards that physically preclude the project; the City uses a negotiated process aligned with the use permit and objective design review and may deny waivers only for the reasons in GC 65915(e)(1) (§ 18.116.060(A)–(C)).
• Reasonable accommodations: Relief from zoning/building program requirements to afford equal housing opportunity can be granted upon specific findings consistent with fair housing law (§ 18.112.070).
• Similar Use Determinations: If a use category isn’t listed, this process classifies it; it’s not a variance and follows its own standards and amendment rules (§ 18.64.010–.080; § 18.64.070).

Process snapshot

• Title 18 provides sections for Application (§ 18.80.040) and Public hearing (§ 18.80.050).
• The City Council acts on variances and must make the required findings (§ 18.80.070).
• Variances may include conditions to avoid special privileges (§ 18.80.030(B)).
• Variances are subject to potential revocation under Title 18 (§ 18.80.100; chapter listing).

How variances interact with districts

Variances are available citywide but only to relax development standards in a zone; they cannot authorize uses that are not otherwise allowed in that zone (§ 18.80.030(C)). For context on uses and standards, consult the base district chapters in Title 18 and Dorris Zoning and Dorris Development Standards. Where specific district standards are not confirmed in the source materials below, verify with the jurisdiction.

R-A — Residential Agriculture

• Variance availability: Relief from development standards only, if findings met (§ 18.80.030; § 18.80.070).
• Uses and key standards: Not found in source materials.
• Where it applies: Verify with the zoning map (Not found in source materials).

R-1 — Low Density Residential

• Variance availability: Dimensional relief only; no use variances (§ 18.80.030(C)).
• Uses and key standards: Not found in source materials.
• Where it applies: Verify with the jurisdiction.

R-2 — Medium Density Residential

• Variance availability: As above (§ 18.80.030; § 18.80.070).
• Uses and key standards: Not found in source materials.
• Where it applies: Verify with the jurisdiction.

R-3 — High Density Residential

• Variance availability: As above (§ 18.80.030; § 18.80.070).
• Uses and key standards: Not found in source materials.
• Where it applies: Verify with the jurisdiction.

M-U — Mixed Use

• Variance availability: Development standards only; no use variances (§ 18.80.030(C)).
• Uses and key standards: Not found in source materials.
• Where it applies: Verify with the jurisdiction.

C-1 — Community Commercial

• Variance availability: Dimensional/site standards only; signage relief limited by sign rules (§ 18.72.140).
• Uses and key standards: Not found in source materials.
• Where it applies: Verify with the jurisdiction.

C-2 — General Commercial

• Variance availability: As above; no use variances (§ 18.80.030(C)).
• Uses and key standards: Not found in source materials.
• Where it applies: Verify with the jurisdiction.

M — Manufacturing

• Variance availability: Development standards only; ensure no special privilege (§ 18.80.030(B)).
• Uses and key standards: Not found in source materials.
• Where it applies: Verify with the jurisdiction.

O-S — Open Space

• Variance availability: Limited to development standards with required findings (§ 18.80.030; § 18.80.070).
• Uses and key standards: Not found in source materials.
• Where it applies: Verify with the jurisdiction.

P-A — Public Agency

• Variance availability: As above (§ 18.80.030; § 18.80.070).
• Uses and key standards: Not found in source materials.
• Where it applies: Verify with the jurisdiction.

P-D — Planned Development

• Variance availability: Relief from adopted development standards only; check the PD approvals/plan first (Not found in source materials for PD plan contents).
• Uses and key standards: Not found in source materials.
• Where it applies: Verify with the jurisdiction.

RPD — Residential Planned Development

• Variance availability: As above; look first to the RPD entitlement’s standards (Not found in source materials for RPD plan contents).
• Uses and key standards: Not found in source materials.
• Where it applies: Verify with the jurisdiction.

Key variance and exception mechanics (at a glance)

Practical guidance

• Start with the base zoning district standards and any mapped overlay districts. If a built-in exception exists in Chapter 18.84, you may not need a variance.
• If your project is housing with a state density bonus, use the waiver/reduction path in § 18.116.060 rather than a variance.
• For an unlisted use category, seek a Similar Use Determination first, then the appropriate use permit if required; a variance cannot create new uses (§ 18.64.010–.080; § 18.80.030(C)).
• If a disability accommodation is at issue, apply under Reasonable Accommodation standards (§ 18.112.070).
• For signage, address relief within the sign regulations; a variance cannot legalize a sign type the code prohibits in that zone (§ 18.72.140(B); Dorris Signage).

Checklist

• Confirm your site’s base zone and any applicable overlays in Dorris Zoning.
• Identify the specific development standard(s) that create hardship (e.g., a setback or height limit in Dorris Development Standards).
• Document the property’s special circumstances (size, shape, topography, location, surroundings) (§ 18.80.030(A)).
• Prepare evidence that strict application causes deprivation of privileges enjoyed by comparable, identically zoned properties (§ 18.80.070(A)).
• Show the relief will not create a special privilege relative to nearby properties in the same zone (§ 18.80.070(B)).
• Verify the request is not a use variance; the underlying use must be allowed or conditionally allowed in the zone (§ 18.80.070(C); § 18.80.030(C)).
• Check for built-in exceptions or alternative relief (Special Provisions ch. 18.84; signs § 18.72.140; density bonus waivers § 18.116.060; reasonable accommodation § 18.112.070).
• File the Application and prepare for the Public hearing with the City Council (§ 18.80.040; § 18.80.050).
• Anticipate conditions of approval needed to avoid special privilege (§ 18.80.030(B)).

Risks & Ambiguities

Plain-English Summary

Dorris lets you ask the City Council for relief from zoning standards when a unique lot condition would make strict rules unfair, but you cannot use a variance to permit a use the zone doesn’t allow. Some topics have built-in exceptions (like certain setback or height tweaks) and special paths for housing waivers or disability accommodations. Build a clear case that your lot is different, the rule causes a real disadvantage, and your request won’t give you an unfair edge.

Information Gaps

• District purposes, typical permitted uses, and dimensional standards for R-A, R-1, R-2, R-3, M-U, C-1, C-2, M, O-S, P-A, P-D, RPD: Not found in source materials.
• Overlay districts that may alter variance considerations: Not found in source materials.
• Detailed procedures, submittal requirements, and timelines for § 18.80.040 (Application), § 18.80.050 (Public hearing), and § 18.80.100 (Revocation): Not found in source materials.

Source References

• § 18.08.2310 (Variance — definition)
• § 18.80.030 (Variances — authority, conditions, prohibition on use variances)
• § 18.80.070 (Action by the City Council on a variance — required findings)
• § 18.72.140 (Variances under Signs; prohibition on “use variances” for sign types)
• § 18.116.060 (Waivers and reductions under Density Bonus)
• § 18.112.070 (Reasonable Accommodation — required findings)
• Chapter 18.84 headings and § 18.84.010 (Special Provisions — application and listed exceptions)
• Chapter 18.64 and § 18.64.070 (Similar Use Determinations; amendments)
• Title 18 — ZONING (District chapters listing: 18.16 through 18.60)
• Chapter 18.80 sections listing, including § 18.80.040 (Application), § 18.80.050 (Public hearing), § 18.80.100 (Revocation of variances)

Source passages

• Dorris Zoning Code (§ 18.80.070) Medium relevance show source text
• Dorris Zoning Code (§ 18.80.030) Medium relevance show source text
• Dorris Zoning Code (§ 18.08.2310) Medium relevance show source text
• Dorris Zoning Code (§ 18.72.140) Medium relevance show source text
• Dorris Zoning Code (§ 18.116.060) Medium relevance show source text
• Dorris Zoning Code (§ 18.112.070) Medium relevance show source text
• Dorris Zoning Code (§ 18.64.070) Medium relevance show source text
• Dorris Zoning Code (§ 18.84.010) Medium relevance show source text

Cited sections

• § 18.08.2310 (Variance — definition) (§ 18.08.2310)
• § 18.80.030 (Variances — authority, conditions, prohibition on use variances) (§ 18.80.030)
• § 18.80.070 (Action by the City Council on a variance — required findings) (§ 18.80.070)
• § 18.72.140 (Variances under Signs; prohibition on “use variances” for sign types) (§ 18.72.140)
• § 18.116.060 (Waivers and reductions under Density Bonus) (§ 18.116.060)
• § 18.112.070 (Reasonable Accommodation — required findings) (§ 18.112.070)
• Chapter 18.84 headings and § 18.84.010 (Special Provisions — application and listed exceptions) (Chapter 18.84)
• Chapter 18.64 and § 18.64.070 (Similar Use Determinations; amendments) (Chapter 18.64)
• Title 18 — ZONING (District chapters listing: 18.16 through 18.60) (Title 18)
• Chapter 18.80 sections listing, including § 18.80.040 (Application), § 18.80.050 (Public hearing), § 18.80.100 (Revocation of variances) (Chapter 18.80)