Local zoning · Barstow

Barstow — Variances and Exceptions

Q: How long do I have to start construction after a variance is approved?

A variance becomes null and void 12 months after approval unless construction or occupancy has commenced and diligently advanced; one extension of up to 12 months may be granted per the rules (§ 19.28.040).

Q: Can state density bonus waivers substitute for a variance?

Density bonus waivers are a distinct vehicle to modify development standards to allow increased density (setbacks, height, parking, FAR) and are governed by the code’s density bonus chapter; they are subject to state density bonus law limits and local findings (§ 19.10.090(h)). If you qualify for a density bonus, use that process rather than a standard variance.

Q: Where do I find typical conditions the Commission will impose if it approves a variance?

The Commission’s toolbox of conditions is listed at § 19.36.020 (special setbacks, walls, landscaping, timing, easements, maintenance bonds, etc.). Prepare to propose mitigation consistent with that list.

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

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Last reviewed: July 3, 2026

Overview

Variances and Exceptions in Barstow are controlled by the City’s Zoning Ordinance (Title 19). A variance is a discretionary relief process for deviations from development standards; an exception in Title 19 is used for specific dimensional or structural allowances (for example, roof projections or special height items) and other limited relief pathways such as reasonable accommodations or state density-bonus waivers. The Planning Commission, the City Planner/hearing officer, and other bodies have discrete authorities and findings they must make before relief is granted. See the rules for filing, findings, time limits and conditions in § 19.28.020, § 19.28.030, and § 19.28.040 for variances and § 19.24.040–§ 19.24.050 (exceptions for height/projections); reasonable accommodations are handled under § 19.10.060.

Note: this page stays focused on Barstow zoning-level Variances and Exceptions (Title 19). For building-code relief (Title 24) see the California Building Standards Code. For related topics referenced below see the links to parking, development standards, design review, overlay districts, and ADUs.

How Barstow defines and limits Variances and Exceptions (quick legal points)

Variances cannot be used to authorize non‑permitted uses; they only relax development standards where the use itself is allowed (§ 19.28.010).
The application must be submitted on forms and be found complete by the Planning Department before a hearing (§ 19.28.020).
The Planning Commission must make written findings before granting a variance: (1) exceptional circumstances, (2) necessity to preserve a substantial property right, (3) no material detriment to public welfare or neighboring properties, and (4) consistency with the General Plan (§ 19.28.030).
A variance lapses if construction/occupancy does not commence within 12 months except as extended or otherwise authorized (§ 19.28.040).
Exceptions for limited structural items (penthouses, chimneys, roof projections, porches, etc.) are enumerated in § 19.24.040 and § 19.24.050 and may be used where the specific allowance is listed.
Reasonable accommodations (for persons with disabilities) are processed under a separate administrative path with its own findings and hearing officer review (§ 19.10.060) — do not conflate with a variance.
Density‑bonus related waivers and “incentives/waivers” are defined in the density bonus provisions; a waiver can modify development standards (setbacks, height, parking, FAR) to make higher density physically possible but is subject to state density bonus law and local findings (§ 19.10.090(h)).

District-by-district breakdown (where Variances/Exceptions commonly interact)

Below are the Barstow zoning districts most relevant to typical variance/exception requests. Each subsection identifies the district name as used in the code, the purpose, typical permitted uses (high‑level), key dimensional standards a variance would most often touch, and where those standards are written.

Note: Always verify a parcel’s zoning designation and any applicable SP specific plan or overlay; many specific‑plan areas replace base standards (§ 19.22.030).

DU (Diverse Use) — Secs. 19.12.010 et seq.

Purpose: encourage mixed residential/commercial uses and pedestrian character. § 19.12.010.
Typical permitted uses: residential types, office, neighborhood commercial; expressly includes uses allowed in SFR and MDR districts and some C uses (§ 19.12.020–.030).
Key standards: Front/street side setback 15 ft, interior side 5 ft, rear 5 ft, min lot area 6,000 sq ft, building heights follow adjacency rules (max 35 ft adjacent to single‑family; 45 ft on arterials) (§ 19.12.040). Variances commonly seek relief to setbacks, lot coverage, or step‑down height rules.
Where it applies: mixed‑use corridors and transition parcels; check specific plan overlay rules that may supersede DU standards (§ 19.22.030).

HS (Human Services) — Secs. 19.14.010 et seq.

Purpose: accommodate social service, shelter, supportive uses while balancing neighborhood compatibility (§ 19.14.010–.040).
Typical permitted uses: shelters, supportive housing, certain commercial/service uses; some uses require conditional use permits.
Key standards: front/street side setback 15 ft, interior side 10 ft, rear 5 ft, min lot area 6,000 sq ft, heights subject to adjacency (same 35/45 ft rules) (§ 19.14.040). Variances often address parking, setbacks, or loading in constrained lots.

C / Commercial district — Secs. 19.16.010 et seq.

Purpose: community and neighborhood commercial uses and services (§ 19.16.*).
Typical permitted uses: retail, service, vehicle‑oriented uses (with conditions), and accessory residential in limited circumstances (§ 19.16.020–.030).
Key standards: min lot area 8,000 sq ft, front yard 15 ft where abutting residential, side yard 10 ft where abutting residential; height limits: 35 ft adjacent to single‑family, 45 ft on arterials (§ 19.16.040–.050–.060–.080). Common variance requests are for setback reductions, parking reductions, and height step‑ups adjacent to arterials. See parking rules at Barstow Parking.

I / Industrial district — Secs. 19.18.010 et seq.

Purpose: accommodate industry, fabrication, and storage consistent with environmental and adjacency controls (§ 19.18.*).
Typical permitted uses: light and heavier industrial uses, vehicle services, public garages with screening conditions (§ 19.18.*).
Key standards: max building coverage 50%, rear yard 10 ft/50 ft adjacency rules, height 35 ft adjacent to residential, 55 ft elsewhere (§ 19.18.140–.160). Variances often relate to setbacks, screening, and noise/odour mitigation conditions.

PF (Public Facilities) and O (Open Space) — Secs. 19.20.030 / 19.20.010

Purpose & uses: reserves land for public facilities, schools, utilities, parks; Open Space limits development to preserve resources (§ 19.20.010; § 19.20.030).
Key standards: yard requirements generally match the adjoining district setbacks (the greater setback governs) and often require landscaping/screening (§ 19.20.030(e)). Variances are rare but possible for public utility projects—verify jurisdictional approvals first.

SP (Specific Plan) — Secs. 19.22.010–19.22.030

Purpose: specific plans can set bespoke development standards; when a Specific Plan exists, its standards replace base Title 19 standards (§ 19.22.030). That means variance/exception routes may be different or limited inside SP areas; always check the specific plan text.

Residential districts (SFR / MDR references)

The code references SFR (single‑family residential) and MDR (medium‑density residential) as the base residential districts; many DU and ADU provisions explicitly incorporate those district standards (see ADU rules § 19.10.070). Variances in residential zones most commonly request setback relief, lot coverage increases, or side/rear yard reductions. Verify the exact SFR/MDR section that applies to a parcel and use the variance findings in § 19.28.030.

Decision‑relevant standards & quick references (table)

Topic	What the rule does	Code Reference
How to apply for a variance	Application filed to the Commission; must be complete before hearing	§ 19.28.020
Findings required to grant a variance	Exceptional conditions, necessity to preserve a right, no material detriment, consistency with General Plan	§ 19.28.030
Variance time limit (voiding)	Variance null and void after 12 months unless construction/occupancy begins or extension granted	§ 19.28.040
Structural exceptions (height/projections)	Lists allowed rooftop items, porches, open unenclosed projections and how far they may encroach	§ 19.24.040, § 19.24.050
Reasonable accommodation (disability)	Separate administrative path with findings (necessity, undue burden, fundamental alteration, threat to safety)	§ 19.10.060(d)
Density bonus waivers	Defines what a waiver is (modify setbacks/height/parking/FAR to make density feasible) and limits per state law	§ 19.10.090(h)
Conditions of approval applicable to variances	Commission may impose special setbacks, landscaping, walls, timing, etc.	§ 19.36.010–.020

Checklist

Confirm zoning designation for the parcel and whether a Specific Plan or overlay applies (SP/overlay may supersede Title 19) — see § 19.22.030.
Determine whether the requested relief is a true variance (relief to a dimensional standard) and not a change of use (variances cannot authorize non‑permitted uses) — § 19.28.010.
Prepare site plan, elevations, topography, landscaping and any neighborhood/context materials required by the Commission — per § 19.28.020(c).
Document how each of the four findings in § 19.28.030 is satisfied with evidence specific to the parcel.
If requesting an exception (projections/height), cite the specific exception clause in § 19.24.040–.050 and provide measurements.
If the request is a reasonable accommodation, file under § 19.10.060 and include disability documentation and necessity justification.
Anticipate conditions listed in § 19.36.020 (landscaping, setbacks, walls, timing, bonds) and prepare preliminary compliance language.

Risks & Ambiguities

Issue	Why it matters	What to verify
Is the parcel inside an SP or overlay?	Specific Plans override base Title 19 standards — variance procedures or allowable relief may differ (§ 19.22.030).	Confirm SP boundaries and specific plan text; verify whether an SP authorizes the requested deviation.
Use vs. standard relief	A variance cannot authorize a non‑permitted use — only deviations to standards (§ 19.28.010).	Confirm the underlying use is permitted by code in that district; if not, a zone change or CUP may be required.
Overlapping relief channels (ADU, density bonus, reasonable accommodation)	Different processes, findings, timelines and appeal paths (ministerial vs discretionary) — using the wrong channel can void the application or add delay.	Determine correct path: ADUs (§ 19.10.070) are generally ministerial; density bonus waivers follow § 19.10.090; reasonable accommodation uses § 19.10.060. Verify which applies.
Time limits after approval	Variance approval can lapse after 12 months if not acted on (§ 19.28.040).	If project timing is uncertain, request extension in the approval or prepare to apply for one per § 19.28.040.
Impact on neighboring property rights	Findings require no material detriment; subjective determinations increase appeal risk (§ 19.28.030).	Prepare nuisance/visual/privacy/traffic impact analyses and propose mitigation conditions (landscaping, screening, hours).

Plain-English Summary

If you own property in Barstow and need relief from a zoning rule (for example, a smaller setback or slightly taller element), you generally apply for a variance — the Planning Commission will only grant it if you can prove exceptional site circumstances, show you need the change to enjoy a substantial property right, and show it won't harm neighbors or contradict the General Plan (§ 19.28.030). For limited structural allowances (porches, chimneys, roof equipment) use the exceptions listed in the code (§ 19.24.040–.050). Reasonable accommodations for disabilities and density‑bonus waivers follow separate, specialized paths (§ 19.10.060; § 19.10.090).

Source References

Barstow Zoning Ordinance (Title 19) — Variance chapter: § 19.28.010; § 19.28.020; § 19.28.030; § 19.28.040.
Barstow Zoning Ordinance (Title 19) — Exceptions and projections: § 19.24.040; § 19.24.050.
Barstow Zoning Ordinance (Title 19) — Reasonable accommodations: § 19.10.060.
Barstow Zoning Ordinance (Title 19) — Density bonus / waivers: § 19.10.090(h).
Barstow Zoning Ordinance (Title 19) — DU (Diverse Use) district: § 19.12.010–.040.
Barstow Zoning Ordinance (Title 19) — Commercial district: § 19.16.030–.050.
Barstow Zoning Ordinance (Title 19) — Industrial, PF, Open Space, SP: § 19.18.010–, § 19.20.010–, § 19.22.030.
Barstow — Zoning & related pages for internal guidance: Barstow Zoning, Barstow Development Standards, Barstow Parking, Barstow Design Review, Barstow Overlay Districts, Barstow ADUs.
Building‑code reference (not a variance source here but relevant to permits): California Building Standards Code.

Sources

Retrieved passages

Barstow Zoning Code (§ 19.28.010) High relevance
Barstow Zoning Code (section are) High relevance
Barstow Zoning Code (section is) High relevance
Barstow Zoning Code (§ 19.10.090) Medium relevance
Barstow Zoning Code (section 19.10.060) Medium relevance
Barstow Zoning Code (chapter or) Medium relevance
Barstow Zoning Code Medium relevance
Barstow Zoning Code (title within) Medium relevance
Barstow Zoning Code (§ 19.34.090) Medium relevance
Barstow Zoning Code (section currently) Medium relevance
Barstow Zoning Code (§ 19.18.120) Medium relevance
Barstow Zoning Code Medium relevance
Barstow Zoning Code (Title 19) Medium relevance
CBC § 2025 Medium relevance
Barstow Zoning Code (chapter or) Medium relevance
CBC § 19.38.070 (§ 19.38.070) Medium relevance
Barstow Zoning Code (§ 2) Medium relevance
Barstow Zoning Code (§ 19.16.050) Medium relevance
Barstow Zoning Code (§ 19.14.020) Medium relevance
Barstow Zoning Code (chapter 19.44) Medium relevance

Cited sections

Official Barstow code library

Frequently asked questions

What is required to get a variance in Barstow?

You must file a written application on approved forms, be deemed complete by the Planning Department, and convince the Planning Commission with written findings that (1) exceptional circumstances apply to the parcel, (2) the variance is necessary to preserve a substantial property right, (3) it will not be materially detrimental to public welfare or neighboring properties, and (4) it is consistent with the General Plan (§ 19.28.020; § 19.28.030).

Can a variance allow a use that is not permitted in my zoning district?

No. Variances are limited to modifying development standards and may not be granted to authorize non‑permitted land uses (§ 19.28.010). If your use is not permitted, you must pursue a different discretionary approval.

How long do I have to start construction after a variance is approved?

A variance becomes null and void 12 months after approval unless construction or occupancy has commenced and diligently advanced; one extension of up to 12 months may be granted per the rules (§ 19.28.040).

What kinds of small exceptions are already allowed (e.g., roof projections, porches)?

Title 19 explicitly allows certain penthouses/roof structures and projections into yards (porches, roof overhangs, planters, etc.) and sets maximum encroachments — see § 19.24.040 and § 19.24.050 for the specific items and limits.

If I need a parking reduction with a variance, what should I check first?

Check the Barstow Parking rules and the development‑standards for your district; variances or conditional use approvals often require conditions (landscaping, modular changes) and findings demonstrating no material detriment (§ 19.36.020; § 19.28.030). Prepare shared‑parking analysis if applicable.

Are reasonable accommodations handled as variances?

No. Reasonable accommodations for disabilities use a distinct administrative process, are reviewed by the hearing officer (or designee) and require separate findings (necessity, no undue burden, no fundamental alteration, no direct threat) under § 19.10.060. Do not submit a variance in lieu of a reasonable accommodation request.

Can state density bonus waivers substitute for a variance?

Density bonus waivers are a distinct vehicle to modify development standards to allow increased density (setbacks, height, parking, FAR) and are governed by the code’s density bonus chapter; they are subject to state density bonus law limits and local findings (§ 19.10.090(h)). If you qualify for a density bonus, use that process rather than a standard variance.

Do Specific Plans change variance rules on a parcel?

Yes. When a Specific Plan is adopted, its development standards replace Title 19 standards for the covered area, so the specific plan text controls and may change the allowable relief process (§ 19.22.030). Always check the specific plan before applying.

Where do I find typical conditions the Commission will impose if it approves a variance?

The Commission’s toolbox of conditions is listed at § 19.36.020 (special setbacks, walls, landscaping, timing, easements, maintenance bonds, etc.). Prepare to propose mitigation consistent with that list.

If my request is parcel‑specific and the code seems ambiguous, what should I do?

Title 19 allows the Commission and Council to interpret ambiguous requirements by factual resolution; for parcel‑specific uncertainty, “Verify with the jurisdiction” — contact Barstow Community Development and request pre‑application guidance; any ambiguity should be confirmed with staff or legal counsel (§ 19.00.030).

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