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Del Norte County — Variances and Exceptions

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

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Last reviewed: July 6, 2026

Overview

In unincorporated Del Norte County, relief from strict zoning and development standards comes through three main tools: (1) standard zoning variances under inland Title 20 and coastal Title 21, (2) specialized variances in mapped flood hazard areas, and (3) limited “exceptions” authorized by the ordinance itself (e.g., density bonus waivers, certain height allowances, and legal-lot exceptions). All actions here apply only in the county’s unincorporated areas; incorporated cities administer their own codes.

A variance in Del Norte County lets a property deviate from requirements that do not address land use, when strict application would deprive the parcel of privileges enjoyed by similar properties; it does not authorize a different use. See § 21.50D.10 .

How variances work in unincorporated Del Norte County

  • Standard inland variances (Title 20)

    • Decision-maker: The Board of Supervisors grants variances after required findings are made (§ 20.54.20) .
    • Required findings: Exceptional or extraordinary circumstances affecting the land; necessary to preserve substantial property rights; and no material adverse effect on health/safety/public welfare (§ 20.54.20) .
    • Process: Public hearing within 60 days of filing; at least 10 days’ notice by newspaper and/or site posting (§ 20.54.30) .
    • Guardrail: No “special privileges” inconsistent with other properties in the vicinity and district (§ 20.54.10) .

  • Coastal Zone variances (Title 21)

    • Definition: Relief from Chapters 21.08–21.48 standards that do not address land use (§ 21.50D.10) .
    • Process: Application content requirements, Environmental Review Committee review, staff report (§ 21.50D.20) ; mailed/public notice at least 10 days before hearing (§ 21.50D.30) .
    • Hearing and decision: Planning Commission holds the hearing and recommends; Board of Supervisors grants by resolution if findings are met (§ 21.50D.40) .
    • Coastal findings: Same three core findings as inland, plus consistency with applicable General Plan policies and district intent (§ 21.50D.40(B)) .
    • Expiration/Revocation: Variance expires if not used within one year; revocable after noticed hearing if conditions are not met (§ 21.50D.50) .
    • Appeals in the Coastal Zone: Local decisions become final per § 21.51.10; coastal appeal rights may apply to qualifying projects (§ 21.51.10) .

  • Floodplain-specific variances (both Titles)

    • Purpose and limits: These are for floodplain management only and are strictly limited; they do not change insurance risk or rates (§ 20.47.60; § 21.45.60) .
    • Findings: “Good and sufficient cause,” exceptional hardship if denied, no increase to flood heights or public safety threats; variance must be the minimum necessary (§ 20.47.60; § 21.45.60) .
    • Floodway rule: No variance within a designated floodway if any increase in base flood levels would result (§ 20.47.60; § 21.45.60) .
    • Procedure: Appeals and variance requests are heard by the Board of Supervisors; Title 20.54/Title 21.50D procedures apply (§ 20.47.70; § 21.45.70) .
    • Notice of elevated risk: Written notice must inform applicants when building below BFE will increase flood insurance costs; in the Coastal Title, the notice is recorded in the chain of title (§ 20.47.60; § 21.45.60) .

  • Airport approach/airspace variances

    • In airport approach, transitional, horizontal, and conical zones, the Planning Commission may vary height or use restrictions where strict application creates practical difficulties or unnecessary hardships (§ 20.64.90) .

Exceptions and waivers that are not “variances”

  • Density bonus “waivers of development standards”

    • For qualifying affordable housing, an applicant may request unlimited waivers of development standards (e.g., height, setbacks, on‑site open space, parking ratios) when needed to make a project physically possible at the increased density; must show construction would be physically precluded without the waiver (§ 20.65.80) .
    • Submittals must explain and justify requested waivers; the County verifies via pro forma or equivalent evidence (§ 20.65.60–.80) . These waivers are separate from variances and derive from California housing laws.

  • General ordinance exceptions by permit

    • Height appurtenances (chimneys, towers, tanks, etc.) may exceed district height limits in the Coastal Title if a use permit is secured (§ 21.46.70) .
    • Legal-lot exceptions allow building sites that are smaller than district minimums if they are lots of record or pre‑zoning parcels meeting stated conditions (§ 21.46.80) .
    • In both Titles, “General Provisions” chapters state that the specific zoning regulations are subject to these provisions and exceptions (§ 20.48.10; § 21.46.10) .

  • “Uses permitted with a use permit in any district”

    • Certain public/quasi‑public or parking uses can be allowed in any district with a use permit; in the Coastal Title, such uses within RCA, TP, or AE districts require findings that no feasible alternative site exists and all feasible mitigation is required (§ 21.46.20) .

Which relief tool to use (quick comparison)

Relief tool What it can change Who decides Key findings Expiration Code Reference
Standard variance (inland) Non–land-use standards (e.g., setbacks, height, lot dimensions) Board of Supervisors Exceptional land circumstances; necessary for substantial property rights; no material adverse effects Not found in retrieved materials § 20.54.10, § 20.54.20, § 20.54.30
Standard variance (Coastal) Non–land-use standards within Title 21 Planning Commission hearing; Board of Supervisors grants Same three core findings + General Plan/district intent consistency Expires if not used in 1 year § 21.50D.10–.50
Floodplain variance Flood standards only (not insurance rates) Board of Supervisors (with Title 20.54/21.50D process) Good cause; exceptional hardship; no increased flood heights; minimum necessary Notice of increased risk; coastal version recorded to title § 20.47.60–.70; § 21.45.60–.70
Airport approach variance Airspace height/obstruction limits Planning Commission Practical difficulties/unnecessary hardships; public welfare secured Not found in retrieved materials § 20.64.90
Density bonus waiver Any development standard (to make higher density physically possible) Board of Supervisors (per density bonus procedures) Physical preclusion without waiver; evidence of cost/feasibility Not limited in number § 20.65.60–.80
Height appurtenances by use permit (Coastal) Allow appurtenances to exceed height Planning Commission/Harbor Commission via use permit Use‑permit findings per Title 21 As set by permit § 21.46.70

District-by-district variance/exception touchpoints (what the code confirms)

Note: Below lists only what the ordinance excerpts confirm about how variances/exceptions interact with each designation in unincorporated areas.

R (Residential)

  • Purpose/permitted uses: Not found in retrieved materials.
  • Key dimensional standards: Not found in retrieved materials.
  • Exception pathways:
    • Coastal Title references R districts for fence/yard appurtenance control via use permit (§ 21.46.70) and restrictions on trailer storage in front yards (§ 21.46.70(A)(1)–(2)) .
    • Variances follow standard inland (§ 20.54.10–.30) or Coastal (§ 21.50D.10–.50) procedures as applicable .

RR (Rural Residential)

  • Purpose/permitted uses: Not found in retrieved materials.
  • Key dimensional standards: Not found in retrieved materials.
  • Exception pathways: Same notes as R for trailer storage/fences in the Coastal Title (§ 21.46.70(A)) ; variances per § 20.54 or § 21.50D as applicable .

C-1 (Commercial, local/retail)

  • Purpose/permitted uses: Not found in retrieved materials.
  • Key dimensional standards: Not found in retrieved materials.
  • Exception pathways: Coastal Title cites C‑1 for front‑yard trailer restrictions (§ 21.46.70(A)(1)–(2)) ; variances via § 21.50D.10–.50 in the Coastal Zone .

A (Agriculture)

  • Purpose/permitted uses: Not found in retrieved materials.
  • Key dimensional standards: Not found in retrieved materials.
  • Exception pathways: Coastal Title allows storage of unoccupied trailers anywhere on lots in A districts if setbacks are met (§ 21.46.70(A)(3)) . Variances proceed per § 20.54 or § 21.50D depending on location .

C-4 (Commercial)

  • Purpose/permitted uses: Not found in retrieved materials.
  • Key dimensional standards: Not found in retrieved materials.
  • Exception pathways: Trailer storage allowances similar to A (§ 21.46.70(A)(3)) . Standard variance procedures apply as above.

M (Manufacturing)

  • Purpose/permitted uses: Not found in retrieved materials.
  • Key dimensional standards: Not found in retrieved materials.
  • Exception pathways: Trailer storage allowances similar to A (§ 21.46.70(A)(3)) . Variances per § 20.54 or § 21.50D as applicable.

RCA (Resource Conservation Area) — Coastal Zone

  • Purpose/permitted uses: Not found in retrieved materials.
  • Exception pathways: If a project seeks to use the countywide “uses permitted with a use permit in any district,” it cannot be approved in RCA unless no feasible alternative site exists and all feasible mitigation is required (§ 21.46.20) . Variances require Coastal findings (§ 21.50D.40) .

TP (Timberland Production) — Coastal Zone

  • As with RCA, the special infeasibility/mitigation condition applies for countywide use‑permit uses (§ 21.46.20) ; variances per § 21.50D.10–.50 .

AE (Agriculture Exclusive) — Coastal Zone

  • Same Coastal constraints for countywide use‑permit uses (§ 21.46.20) ; variances per § 21.50D.10–.50 .

D (Design) and PC (Planned Community) — Coastal Zone references

  • Purpose/permitted uses: Not found in retrieved materials.
  • Exception pathways: Special lot sizing/density references note that new parcels in areas designated D or PC may be developed to designated density, subject to water board compliance (§ 21.46.80(6)) . Variances otherwise follow § 21.50D.

Floodplain Overlay (inland § 20.47; coastal § 21.45)

  • Applies wherever mapped flood hazards exist; stricter, flood‑specific variance criteria apply (§ 20.47.60–.70; § 21.45.60–.70) .
  • Variance is the “minimum necessary,” and not allowed in floodways if any base flood level increase would result (§ 20.47.60; § 21.45.60) .

Airport Approach Zones (Title 20: § 20.64)

  • Applies within approach, transitional, horizontal, and conical zones for the listed airports; Planning Commission may vary standards where strict compliance creates practical difficulties/unnecessary hardships (§ 20.64.90–.100) .

Process notes and cross-overs

  • Coastal vs. inland: If the parcel is in the Coastal Zone, use Title 21’s variance procedures; otherwise use Title 20 (§ 21.50D.10–.50; § 20.54.10–.30) .
  • Flood areas: Flood variance criteria apply in addition to the normal variance process and are “for floodplain management purposes only” (§ 20.47.60; § 21.45.60) .
  • Variances and “special privileges”: Both Titles require conditioning approvals to avoid granting special privileges (§ 20.54.10; § 21.50D.40(C)) .
  • Related reviews: Variance projects may also trigger design review, parking, landscaping and screening, or signage provisions; verify case-by-case.

Checklist

  • Confirm whether the site is inland (Title 20) or in the Coastal Zone (Title 21) per overlay districts.
  • Identify if floodplain or airport approach overlays apply; if so, incorporate § 20.47/§ 21.45 or § 20.64 rules into your strategy .
  • Prepare application content required by the Title (plot plan, ownership verification, fees, and any requested building plans) (§ 21.50D.20; similar inland content by practice) .
  • Build findings evidence: exceptional land circumstances, necessary to preserve substantial property rights, and no adverse impacts; add Coastal consistency where applicable (§ 20.54.20; § 21.50D.40) .
  • If seeking density bonus relief, use waivers under § 20.65.80 rather than a variance; include required pro forma/justification (§ 20.65.60–.80) .
  • Coordinate public noticing/timelines (10‑day notice; hearing scheduling) (§ 20.54.30; § 21.50D.30) .
  • For flood variances, document “minimum necessary” and no increase to flood levels; obtain and acknowledge required notices/recordings (§ 20.47.60–.70; § 21.45.60–.70) .
  • Condition compliance plan; note Coastal variances expire in 1 year if unused (§ 21.50D.50) .

Risks & Ambiguities

Issue Why it matters What to verify
Coastal appeal risk Some coastal approvals are appealable beyond the County Whether your project is “appealable” and when the County’s action is “final” (§ 21.51.10)
Using a variance to change “use” Variances can’t authorize a different land use That your request targets non–land‑use standards only (§ 21.50D.10)
Floodway constraints Variances cannot raise base flood levels Engineering shows no floodway level increase (§ 20.47.60; § 21.45.60)
Expiration/applicability inland Inland variance expiration not confirmed in retrieved text Whether inland variances carry an expiry or sunset (Not found in retrieved materials)
“Special privileges” Over‑broad variances risk denial/appeal Conditions ensure parity with properties in the vicinity (§ 20.54.10; § 21.50D.40(C))
Alternative relief routes Some requests fit better as density bonus waivers or use‑permit exceptions Whether § 20.65.80 waivers, or Title 21 “General Provisions” tools, are a better fit (§ 20.65.80; § 21.46.70–.80)

Plain-English Summary

If your project in unincorporated Del Norte County can’t meet a development standard, you may ask for a variance—but you must prove the land itself has special conditions, that strict rules would unfairly strip normal property rights, and that neighbors and the public won’t be harmed. In the Coastal Zone there’s a parallel process and a one‑year use‑it window, and in flood areas the bar is much higher. Some relief doesn’t require a variance at all—like density‑bonus waivers or certain height appurtenances—so pick the right tool and build a record that fits the code.

Source References

Sources

Retrieved passages

  • Del Norte County Zoning Code (section of) High relevance
  • Del Norte County Zoning Code (section do) High relevance
  • Del Norte County Zoning Code (section establishes) High relevance
  • Del Norte County Zoning Code (section are) High relevance
  • Del Norte County Zoning Code (§ 5.0304) High relevance
  • Del Norte County Zoning Code (Section 20.47.40) High relevance
  • Del Norte County Zoning Code (chapter shall) High relevance
  • Del Norte County Zoning Code (section do) High relevance

Cited sections

Frequently asked questions

What are the required findings for a variance in unincorporated Del Norte County?

Inland, you must show exceptional land circumstances, that the variance is needed to preserve substantial property rights, and that it won’t materially harm health, safety, or public welfare (§ 20.54.20) . In the Coastal Zone, the same three findings apply plus consistency with General Plan policies and district intent (§ 21.50D.40) .

Who decides my variance—Planning Commission or Board of Supervisors?

The Planning Commission conducts the hearing and makes recommendations in the Coastal Zone; the Board of Supervisors ultimately grants or denies the variance (§ 21.50D.40) . Inland, the Board of Supervisors grants variances after the required findings are made (§ 20.54.20) .

Do variances expire?

Coastal variances expire if not used within one year and can be revoked if conditions are not met (§ 21.50D.50) . Inland variance expiration was not confirmed in the retrieved materials; verify with the jurisdiction.

Can I get a variance to allow a different land use on my lot?

No. Variances are for deviations from standards that do not address land use; they do not authorize a new or prohibited use (§ 21.50D.10) .

How are floodplain variances different?

They are far stricter: you must show good cause, exceptional hardship, no increase in flood heights, and that the relief is the minimum necessary. No variances are allowed in floodways if they would increase base flood levels (§ 20.47.60; § 21.45.60) . Special written notices (and in coastal areas, recorded notices) of increased risk are required (§ 20.47.60; § 21.45.60) .

Should I seek a density bonus waiver instead of a variance for height or setbacks on an affordable housing project?

Often yes. Under § 20.65.80, applicants can request waivers of any development standard when needed to make construction physically possible at the increased density; there’s no limit on the number of waivers (§ 20.65.80) .

Do I need to re‑do design review or parking if I get a variance?

A variance only addresses the specific standard you request. Other approvals—like design review or parking—may still apply based on your project and location. Verify case-by-case (general procedures § 21.50D.20–.30) .

Can appurtenances exceed height limits without a variance?

In the Coastal Title, certain appurtenances (e.g., chimneys, towers) may exceed district height limits if you secure a use permit—this is an “exception” route separate from variances (§ 21.46.70) .

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