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Upland — Variances and Exceptions

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

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Quick answer

In Upland, variances can modify only physical standards like setbacks, height, FAR, open space, or off-street parking when unique site conditions exist (§ 17.44.060(A)–(B)). Typical residential baselines include a 25 ft front setback in RS-7.5 and 35 ft height cap in RS zones (§ 17.04.030(B)). The Planning Commission decides variances after a noticed hearing, and you must satisfy five specific findings (§ 17.44.060(C), (E), (F)).

Last reviewed: July 25, 2026 · AI-generated analysis · General information, not legal advice · details

Compiled from Upland's adopted code with AI research tools and grounded in the sources cited below. Verify with Upland planning staff before relying on it.

Overview

In Upland, a variance is a discretionary permit that allows relief from the Zoning Ordinance’s physical development standards when a parcel faces unique, property-specific hardships. Variances are tightly constrained: they cannot legalize a prohibited use or conflict with the General Plan, and they require specific findings by the Planning Commission before approval. Some dimensional “exceptions” are already built into the code itself (for example, how height is measured or setback exceptions), so applicants should check those first.

A variance in Upland may adjust only physical standards (like height, setbacks, FAR, and off-street parking) and only when unique site circumstances create a real hardship — never to permit a prohibited use (§ 17.44.060(A)–(B)).

What counts as a “Variance” in Upland

  • Purpose: A discretionary permit to deviate from physical development standards in the Zoning Ordinance when strict application would cause unique hardship due to unusual property circumstances (§ 17.44.060(A)).
  • Allowed scope: Physical standards only — e.g., height, setbacks, open space, floor area ratio (FAR), and off-street parking requirements (§ 17.44.060(B)(1)).
  • Not allowed: A variance may not authorize a use that is prohibited in the zone and may not deviate from General Plan requirements (§ 17.44.060(B)(2)).
  • Review authority: The Planning Commission approves, conditionally approves, or denies all variances (§ 17.44.060(C)).
  • Process: File and process per Chapter 17.43; public notice and hearing per Chapter 17.46; post-decision (effective date, expiration, revocation, changes) per Chapter 17.45; appeals per Chapter 17.47 (§ 17.44.060(D)–(E), (G)–(I)).
  • Findings: All five findings must be supported (unique circumstances; deprivation of privileges; preservation of substantial property rights; no material detriment; no special privilege) (§ 17.44.060(F)).

“Exceptions” already in the code (check before you seek a variance)

  • Height measurements and exceptions are governed by § 17.10.050 (as referenced in the standards tables).
  • Setback requirements and exceptions are governed by § 17.10.060 (as referenced in the standards tables).
  • Special overlays can modify base setbacks (e.g., parcels abutting Euclid Avenue within the Scenic Corridor Overlay require special setbacks under § 17.09.030) (§ 17.04.030(B) note ).

If a built-in exception squarely applies, a variance may not be necessary. See related pages on development standards and overlay districts.

Variance mechanics — at a glance

Topic Upland rule Code Reference
What a variance can change Physical standards: height, setbacks, open space, FAR, off-street parking § 17.44.060(B)(1)
What a variance cannot change Cannot authorize prohibited uses or override the General Plan § 17.44.060(B)(2)
Decision-maker Planning Commission § 17.44.060(C)
Required findings (all) Unique property circumstances; deprivation of privileges; preserve substantial property rights; no material detriment; no special privilege § 17.44.060(F)(1)–(5)
Conditions of approval May be imposed to ensure consistency with the Zoning Ordinance and plans § 17.44.060(G)
Precedent Approval does not set precedent § 17.44.060(H)
Application and notice Filing per Ch. 17.43; public notice and hearing per Ch. 17.46 § 17.44.060(D)–(E)
Post-decision Effective date, expiration, revocation, changes per Ch. 17.45; appeals per Ch. 17.47 § 17.44.060(I)
Cross-references in other titles Other code titles direct variance procedures to Ch. 17.16 (Development Application and Review Procedures) §§ 18.08.190, 18.20.200, 18.32.210, 18.36.210, 18.40.170, 18.48.170, 18.56.170

Where variances most often apply: Upland standards that are commonly adjusted

Before considering a variance, confirm whether built-in exceptions in § 17.10.050 (height) and § 17.10.060 (setbacks) or applicable overlay districts already address the situation.

Selected baseline standards (often the subject of variance requests):

Zone Front setback Side setback Rear setback Height (max) FAR/coverage Code Reference
RS-20 40 ft 10 ft 20 ft 35 ft 35% lot coverage § 17.04.030(A)–(B)
RS-7.5 25 ft 5 ft (one side 10 ft unless alley) 20 ft 35 ft 45% lot coverage § 17.04.030(A)–(B)
RS-4 20 ft 5 ft (one side 10 ft unless alley) 20 ft 35 ft 50% lot coverage § 17.04.030(A)–(B)
RM-40 20 ft 5 ft 15 ft 50 ft (greater by CUP) Density up to 40 du/ac § 17.04.030(A)–(B)
PB/I (Public/Institutional) 20 ft front; 5 ft street side; 20 ft rear — — 45 ft FAR 0.5 § 17.08.030(A)–(B)
OS (Open Space) 25 ft front; 25 ft street side; 25 ft rear — — 45 ft FAR 0.25 § 17.08.030(A)–(B)
M (Mining) 25 ft front/street side/rear — — 45 ft FAR 0.25 § 17.08.030(A)–(B)

Note: For lots along Euclid Avenue, the Scenic Corridor Overlay imposes special setbacks (see § 17.09.030 as referenced in § 17.04.030(B) note ). For multi-family, buildings must be separated at least 15 ft, plus 5 ft for each story above three (§ 17.04.030(C)).

District-by-district context for variances

The City uses its own district designations. Variances can only modify the physical standards that apply in each district; they cannot introduce a use that the district does not allow (§ 17.44.060(B)(2)). For permitted uses, see the use tables in § 17.04.020 (residential) and § 17.08.020 (special purpose). For baseline dimensional standards, see § 17.04.030 (residential) and § 17.08.030 (special purpose). Always verify parcel-specific mapping with Upland Zoning.

RS-20 (Single-Residential 20,000)

  • Typical permitted uses: Single-family dwellings are permitted; accessory structures are permitted; see the residential use table (§ 17.04.020).
  • Key standards: 40 ft front, 10 ft side, 20 ft rear; 35 ft height; 35% lot coverage (§ 17.04.030(A)–(B)).
  • Variance focus: Large-lot frontage/setback constraints, hillside/topographic issues. Check development standards and § 17.10.060 exceptions first.

RS-15

  • Typical permitted uses: Single-family dwellings; see § 17.04.020.
  • Key standards: 30 ft front, 10 ft side, 20 ft rear; 35 ft height; 35% lot coverage (§ 17.04.030(A)–(B)).
  • Variance focus: Corner-lot widths and garage placements.

RS-10

  • Typical permitted uses: Single-family dwellings; see § 17.04.020.
  • Key standards: 25 ft front, 5–10 ft sides (one side at least 10 ft unless alley), 20 ft rear; 35 ft height; 40% lot coverage (§ 17.04.030(A)–(B) and notes).
  • Variance focus: Narrow lot side yards and driveway spacing.

RS-7.5

  • Typical permitted uses: Single-family dwellings; see § 17.04.020.
  • Key standards: 25 ft front, 5–10 ft sides (one at 10 ft unless alley), 20 ft rear; 35 ft height; 45% lot coverage (§ 17.04.030(A)–(B)).
  • Variance focus: Encroachments for porches/entries; verify any setback exceptions in § 17.10.060.

RS-4

  • Typical permitted uses: Single-family dwellings; see § 17.04.020.
  • Key standards: 20 ft front, 5–10 ft sides (one at 10 ft unless alley), 20 ft rear; 35 ft height; 50% lot coverage (§ 17.04.030(A)–(B)).
  • Variance focus: Compact-lot width/depth constraints and parking layouts; check parking if relief relates to stall counts or placement.

RS-MH (Residential – Mobile Home)

  • Typical permitted uses: Mobile/manufactured homes are permitted (§ 17.04.020; Ch. 17.30 referenced).
  • Key standards: Site planning is distinct; table notes 10 acres min parcel, specific widths; 60% lot coverage; 16 ft primary structure height in “MH” row (§ 17.04.030(A)–(B)).
  • Variance focus: Park-specific siting clearances and open space ratios.

RM-10 / RM-20 / RM-30 / RM-40 (Multi-Residential)

  • Typical permitted uses: Multi-family (3+ units) permitted; duplexes permitted in RM districts per table notes; see § 17.04.020.
  • Key standards (examples): 20 ft front, 5 ft sides, 15 ft rear; heights range 40–50 ft (greater height by CUP in some RM districts); density ranges 10–40 du/ac (§ 17.04.030(A)–(B) and notes).
  • Variance focus: Building separation (15 ft minimum; add 5 ft per story over three) (§ 17.04.030(C)), setbacks, and parking counts or placement.

CA (Cable Airport)

  • Typical permitted uses: Aviation-related uses subject to the Cable Airport Master Plan; see special purpose table headings (§ 17.08.020).
  • Key standards: Site area/FAR/height are governed by the Cable Airport plans; tables direct to those plans (§ 17.08.030(A)–(B) notes).
  • Variance focus: Verify with the jurisdiction; airport plan constraints may supersede.

PB/I (Public/Institutional)

  • Typical permitted uses: Government offices, libraries, public safety facilities, community centers (see § 17.08.020 excerpts).
  • Key standards: 20 ft front, 5 ft street side, 20 ft rear; 45 ft height; 0.5 FAR (§ 17.08.030(A)–(B)).
  • Variance focus: Height of civic buildings, parking lot setbacks along arterials.

OS (Open Space)

  • Typical permitted uses: Parks/playgrounds, equestrian; see § 17.08.020 excerpts.
  • Key standards: 25 ft front/street side/rear; 45 ft height; 0.25 FAR (§ 17.08.030(A)–(B)).
  • Variance focus: Trailhead or restroom siting within buffers.

M (Mining)

  • Typical permitted uses: Mining-related uses (surface mining standards in Ch. 17.39) (§ 17.08.030(B) note ).
  • Key standards: 25 ft for front/street side/rear; 45 ft height; 0.25 FAR (§ 17.08.030(A)–(B)).
  • Variance focus: Site boundary setbacks for processing equipment; coordinate with Ch. 17.39.

How this integrates with other Upland procedures

  • Several legacy titles direct variance procedures and findings to the City’s Development Application and Review Procedures in Chapter 17.16 (§§ 18.08.190, 18.20.200, 18.32.210, 18.36.210, 18.40.170, 18.48.170, 18.56.170). Use § 17.44.060 for variance scope and findings, and consult Chapter 17.16 for procedural details where applicable.
  • If your project also requires design review or a CUP, coordinate timelines and noticing under Chapter 17.46 and post-decision rules in Chapter 17.45 (cited by § 17.44.060(E), (I)).

Checklist

  • Confirm your request is for a physical standard (height, setback, open space, FAR, off-street parking) — not a use (§ 17.44.060(B)(1)–(2)).
  • Identify the exact district standards that apply to the site (e.g., RS-7.5 25 ft front setback) in § 17.04.030 or § 17.08.030.
  • Check built-in height and setback exceptions in § 17.10.050 and § 17.10.060; and any overlay adjustments (e.g., § 17.09.030 as referenced) before pursuing a variance.
  • Prepare evidence for all five required findings — especially unique property circumstances and consistency with privileges in the vicinity (§ 17.44.060(F)).
  • File the application per Chapter 17.43, using the City’s variance handout and paying required fees (§ 17.44.060(D)).
  • Plan for a Planning Commission hearing with public notice per Chapter 17.46 (§ 17.44.060(C)–(E)).
  • If approved, review conditions of approval and post-decision rules (effective date, expiration, revocation, plan changes) per Chapter 17.45 (§ 17.44.060(G), (I)).
  • Be prepared for appeal procedures under Chapter 17.47 (§ 17.44.060(I)).

Risks & Ambiguities

Issue Why it matters What to verify
Use variance attempt Variances cannot authorize prohibited uses Confirm the use table in § 17.04.020 or § 17.08.020 for your district
General Plan conflicts A variance cannot deviate from the General Plan Check GP consistency; cite § 17.44.060(B)(2), (F)
Overlays modify setbacks Scenic Corridor or other overlays can change base setbacks See the note to § 17.04.030(B) referencing § 17.09.030
Built-in exceptions vs. variance Some encroachments may be allowed by measurement/exception rules Review § 17.10.050 (height) and § 17.10.060 (setbacks)
Multi-family building separations Tight sites may undercut required separations 15 ft minimum (+5 ft per story over three) in § 17.04.030(C)
Procedural details in Ch. 17.16 Several titles defer to Chapter 17.16 for procedures Not found in source materials; Verify with the jurisdiction
Appeals and expiration specifics Timing affects entitlements and financing See Ch. 17.45 and Ch. 17.47 as cited by § 17.44.060(I); Verify with the jurisdiction

Plain-English Summary

If your Upland project needs a small tweak to a physical rule — like a setback, height, FAR, open space, or off-street parking count — you can ask the Planning Commission for a variance. You must prove the lot has unique constraints and that the same privileges exist nearby, without harming neighbors. A variance never allows a prohibited use, and some flexibility is already built into the code’s height and setback exceptions.

Source References

  • § 17.44.060 (Variances) — scope, process, findings, conditions, appeals
  • § 17.04.020 (Residential land use tables)
  • § 17.04.030 (Residential development standards — parcel size/density/coverage; setbacks; height; multi-family separation)
  • § 17.08.020 (Special purpose land use tables)
  • § 17.08.030 (Special purpose development standards — parcel size/FAR; setbacks; height)
  • § 17.10.050 (Height measurements and exceptions) — referenced in standards tables
  • § 17.10.060 (Setback requirements and exceptions) — referenced in standards tables
  • § 17.09.030 (Scenic Corridor Overlay) — referenced by § 17.04.030(B) note
  • § 17.10.030 (Land development — existing lots, subdivision standards)
  • Cross-references to Development Application and Review Procedures: §§ 18.08.190, 18.20.200, 18.32.210, 18.36.210, 18.40.170, 18.48.170, 18.56.170

Sources

Source passages

  • Upland Zoning Code (§ 18.56.170) Medium relevance
  • Upland Zoning Code (§ 17.44.060) Medium relevance
  • Upland Zoning Code (§ 18.08.190) Medium relevance
  • Upland Zoning Code (§ 17.08.020) Medium relevance
  • Upland Zoning Code (§ 18.48.170) Medium relevance
  • Upland Zoning Code (§ 17.04.020) Medium relevance
  • Upland Zoning Code (§ 18.36.210) Medium relevance
  • Upland Zoning Code (§ 17.04.030) Medium relevance
  • Upland Zoning Code (§ 18.40.170) Medium relevance
  • Upland Zoning Code (§ 18.20.200) Medium relevance
  • Upland Zoning Code (§ 18.32.210) Medium relevance
  • Upland Zoning Code (§ 17.10.030) Medium relevance
  • Upland Zoning Code (§ 17.08.030) Medium relevance

Cited sections

Frequently asked questions

What is a variance in Upland and who decides it?

A variance lets you deviate from physical standards (height, setbacks, open space, FAR, off-street parking) when unique property circumstances create hardship. The Planning Commission is the review authority and may approve, conditionally approve, or deny after a public hearing (§ 17.44.060(A)–(E)).

Can a variance allow a use that’s not allowed in my zone?

No. A variance cannot authorize a prohibited use and cannot deviate from the General Plan. It applies only to physical development standards like setbacks or height (§ 17.44.060(B)(1)–(2)).

What findings do I have to meet to get a variance?

You must show: unique site circumstances; strict application would deprive property of privileges enjoyed by others; the variance preserves substantial property rights; there’s no material detriment; and it’s not a special privilege. All five are required (§ 17.44.060(F)(1)–(5)).

Do I always need a variance to reduce a setback or exceed height?

Not always. Upland has codified measurement rules and exceptions for height and setbacks that may apply without a variance. Review § 17.10.050 (height) and § 17.10.060 (setbacks), and check overlay rules like the Scenic Corridor overlay (§ 17.04.030(B) note; § 17.09.030).

What are typical residential setbacks that variances might address?

Examples include RS-7.5 with a 25 ft front and 5–10 ft side setback, or RS-4 with a 20 ft front and 5–10 ft sides, both at 35 ft max height (§ 17.04.030(B)). Multi-family zones often require 20 ft fronts and 15 ft rears, with 40–50 ft height limits (§ 17.04.030(A)–(B)).

How do I apply for a variance in Upland?

Submit an application per Chapter 17.43 with materials in the City’s variance handout; notice and a public hearing are required per Chapter 17.46. If approved, conditions and post-decision procedures (effective date, expiration, revocation, changes) follow Chapter 17.45, with appeals per Chapter 17.47 (§ 17.44.060(D)–(E), (G)–(I)).

Do variances set a precedent for future projects?

No. Each variance stands on its own; approval does not set precedent for other properties (§ 17.44.060(H)).

How do special purpose zones handle standards relevant to variances?

PB/I has a 0.5 FAR, 20 ft front, and 45 ft max height; OS and M have 0.25 FAR and 45 ft max height with 25 ft setbacks. Cable Airport (CA) follows its master plans. Variances would address physical standards within these frameworks (§ 17.08.030(A)–(B)).

General information, not legal advice.

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