Local zoning · Delano

Delano — Variances and Exceptions

Q: What is the formal code citation for variances in Delano and who decides minor vs major?

Variances are governed by § 20.2.60 of the Delano Municipal Code. The Community Development Director is authorized to grant minor variances ; any variance beyond the minor thresholds is a major variance decided by the Planning Commission — see § 20.2.60 .

Q: What findings must Delano make to approve a variance?

All the findings listed in § 20.2.60 must be made: practical difficulty/hardship, exceptional circumstances unique to the parcel, parity with nearby properties, not a special privilege, no detriment to public health/safety/welfare, and consistency with the General Plan .

Q: What numeric reductions can the Community Development Director grant without sending it to the Planning Commission?

The Director’s minor variance caps (see § 20.2.60 ) include: up to 30% of parking/loading (max 2 spaces), 20% of front setback, 40% of side yard (not closer than 3 ft ), 25% of rear yard (not closer than 5 ft ), and modest 10% adjustments for area, coverage, and gross floor area; larger requests are major variances .

Q: If I need a smaller front setback in an **R‑1** lot, what numbers do I check?

Start with the residential table (Table 4.B) for R‑1 setbacks and lot standards (minimum lot area 6,000 sq ft , front yard typical 15 ft (see Table 4.B) ) — then compare your requested percent reduction to the minor variance caps in § 20.2.60 .

Q: Do ADU statewide limits change the ability to get a variance in Delano?

ADU rules are in § 20.11.200 ; state ADU law restricts how local agencies can regulate ADUs and may preempt discretionary denial of ADU features (setbacks, parking, lot coverage) in certain cases. Always check § 20.11.200 alongside § 20.2.60 and confirm with planning staff whether a variance is required or precluded for the ADU element .

Q: Do site plan review and variance review happen together?

Often yes. Site Plan Review (see § 20.2.65 ) is required for many development proposals; if a variance is needed the site plan and variance are processed together and the applicable findings for both must be made by the decision‑maker .

Variances and Exceptions under the Delano 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 Delano handles variances and related exceptions under the Delano Municipal Code (Title 20 zoning). It summarizes who decides, what a variance can waive, the required findings, and how the rules differ by district (residential, employment, airport, agricultural). For technical topics that overlap (setbacks, parking, ADUs, building code) this page links to the Delano reference pages and cites the controlling local code sections so you can verify details and follow up with the Community Development Department.

What a variance is (short)

A variance is a discretionary, site‑specific grant of relief from the zoning standards in Title 20 when strict enforcement would cause undue hardship; minor variances (limited numeric relaxations) are handled by the Community Development Director and major variances by the Planning Commission. The variance rules and required findings are in § 20.2.60 .

Authority and purpose: § 20.2.60 defines the purpose and vests authority for minor variances with the Community Development Director and major variances with the Planning Commission .
Required findings for any granted variance are spelled out in § 20.2.60 and must all be made to approve a request (hardship, uniqueness, not a special privilege, no detriment, consistency with the General Plan) .

(Links: first time we mention related topics we link to the Delano menu pages)

For numeric standards applicants will normally be judged against the tables in Delano Development Standards (/us/california/delano/development-standards).
Variances often interact with local parking rules — see Delano Parking (/us/california/delano/parking).
Design or site changes requested with a variance are often coordinated with design review (/us/california/delano/design-review).
Many variances appear in the context of overlays; see Overlay Districts (/us/california/delano/overlay-districts).
If your request affects an accessory dwelling unit, consult the Delano ADU page (/us/california/delano/adu) and the local ADU rules § 20.11.200 .
Structural compliance remains subject to the California Building Standards Code (/us/california/building-codes).

How Delano categorizes variance relief

Minor variance: limited percentage adjustments the Community Development Director may authorize (examples below) — see § 20.2.60 .
Major variance: any variance beyond the minor thresholds; those applications go to the Planning Commission and require the full findings in § 20.2.60 .
Conditions: any variance may include conditions like landscaping, dedications, traffic mitigation, limits on hours of operation, and may be recorded against the property; see § 20.2.60 (Conditions) .
Recordation and acceptance: a variance is not effective until the applicant signs an "Acceptance of Conditions"; permits may be recorded against the property § 20.2.60 .

Quick reference: common minor‑variance allowances (decision‑relevant)

Relief allowed (minor variance)	Typical numeric limit	Code reference
Parking reduction for a site	Up to 30% of parking/loading, not to exceed 2 spaces	§ 20.2.60
Front setback reduction	Up to 20% of front yard setback	§ 20.2.60
Side yard reduction	Up to 40%, but no closer than 3 ft from property line	§ 20.2.60
Rear yard reduction	Up to 25%, but no closer than 5 ft from property line	§ 20.2.60
Area/coverage/GFA tweaks	Up to 10% for area, coverage, or GFA (varies by item)	§ 20.2.60

(These are the specific minor-variance caps enumerated in § 20.2.60; any request larger becomes a major variance review.)

District-by-district breakdown (what a variance commonly affects in each district)

Below are the Delano districts most frequently involved in variance requests. For permitted uses see each district's use table and for dimensional standards see the city’s site development tables.

Notes on sources used here: residential numeric standards are summarized from Table 4.B (Residential Site Development Standards) in the Delano code; employment/industrial standards are from Table 6.B and Chapter 20.6; airport and drilling districts have their own sections. See the Source References at the end for the exact local citations.

R‑A (Residential‑Agricultural)

Purpose: Preserve agricultural uses and large residential‑agricultural lots; implements Chapter 20.7 (Agricultural District) .
Typical permitted uses: agricultural cultivation, single‑family dwellings (with limitations), farm‑related uses (see Chapter 20.7) .
Key dimensional standards: Table 4.B and Table 7.B show minimum lot area and setbacks (e.g., minimum site area 20 acres for many commercial agricultural uses under § 20.7.40 and Table 7.B) .
Where it applies: city areas designated R‑A on the official map; variances in R‑A commonly address lot area or building placement when converting to non‑farm uses — hardship findings must reference § 20.2.60 .

R‑1 (Single‑Family Residential)

Purpose: Accommodate single‑family neighborhoods; see Table 4.A (uses) and Table 4.B (site standards) and Chapter 20.4 (Residential standards) .
Typical permitted uses: single‑family dwelling, accessory dwelling unit (ADU) per § 20.11.200; many accessory uses allowed with ministerial approvals .
Key dimensional standards (Table 4.B): minimum lot area 6,000 sq ft (interior), minimum lot width 60 ft (interior), front setback ~15 ft (typical), maximum lot coverage 40% for R‑1 (consult Table 4.B for full breakdown), maximum height 35 ft for main buildings and 16 ft for detached ADUs in many residential districts .
Where it applies: most established single‑family neighborhoods; variances are commonly for setbacks, driveway/garage placement, and ADU placement; minor variance caps apply (see § 20.2.60) .

R‑2 and R‑3 (Two‑family / Multi‑family)

Purpose and uses: Allow duplexes, townhouses, and multifamily development per Table 4.A; R‑2 and R‑3 escalate density and multifamily allowances (see Table 4.A & Table 4.B) .
Key standards (Table 4.B): minimum lot areas and widths increase from R‑2 to R‑3; maximum lot coverage and height differ (e.g., lot coverage 50% R‑2, 60% R‑3; height often 35 ft) — consult Table 4.B for exact numbers .
Where variances are used: common for setbacks, parking count adjustments (see Delano Parking) and density‑related relief; ADU rules interact as described in § 20.11.200 .

Neighborhood Commercial (NC) and General Commercial (GC)

Purpose: NC serves neighborhood goods and services; GC allows broader commercial uses. Use tables and special requirements are in the commercial chapter (see commercial use tables and exceptions) .
Typical variance triggers: parking reductions, sign location, and reduction of setbacks for infill parcels where full standards are infeasible; many commercial exceptions and special requirements are described in the commercial chapter (see the Exceptions subsection) .
Code anchor: consult the commercial district chapters and the exceptions language (commercial chapter) for specific allowed uses and any cross‑district setback rules (when abutting residential, residential setbacks apply) .

CRC / I (Employment / Industrial)

Purpose: Provide industrial and employment lands; Chapter 20.6 (Employment Districts) sets the intent and standards .
Permitted uses: manufacturing, warehousing, wholesaling, and many industrial services (see Table 6.A uses) .
Key site standards (Table 6.B): minimum parcel sizes (e.g., 10,800 sq ft), front setbacks, maximum height 45–50 ft, and maximum lot coverage 60%; when abutting residential the industrial development must apply residential setbacks and often a 75‑ft buffer is required for new industrial building faces adjacent to residential zones (see Table 6.B and Chapter 20.6) .
Variance use: requests commonly seek reduced setbacks or parking concessions; major variances require the findings in § 20.2.60 .

Airport (AP) District

Purpose: Protect Delano Municipal Airport and require uses compatible with airport operations; see § 20.3.21 (Airport district) for uses and findings .
Typical issues: uses that attract birds, create glare, or emit interference are restricted; variances in AP are treated cautiously and require findings consistent with airport safety and the Kern County Airport Land Use Compatibility Plan § 20.3.21 .

Drilling Island (DI) and other special districts

DI district regulates oil/gas extraction on small lots — see § 20.3.40 for permitted uses (oil & gas related) and special limitations; variances related to DI are limited to compatibility issues with adjacent development .

How decisions are made (findings & appeals)

Required variance findings: Delano requires (all must be affirmative) the hardship/practical difficulty, unique site circumstances, parity with other properties, no special privilege, no detriment to public welfare, and consistency with the General Plan — all are set out in § 20.2.60 .
Conditions: the decision‑maker may attach conditions (landscaping, dedications, ingress/egress controls, limitations on hours, recordation) — see § 20.2.60 (Conditions) .
Process & appeals: minor variance decisions by the Community Development Director may be appealed per the code appeal procedure; major variances involve a noticed public hearing before the Planning Commission (see the general procedural chapters and § 20.2.65 for site plan tie‑ins) .

Checklist (what an applicant must satisfy)

Demonstrate the strict application causes practical difficulty/unnecessary hardship (required finding) — § 20.2.60
Show exceptional circumstances unique to the parcel (size, shape, topography, surroundings) — § 20.2.60
Demonstrate the variance will not grant a special privilege or harm public health/safety/welfare — § 20.2.60
Provide site plans and supporting materials consistent with Site Plan Review if required (§ 20.2.65) — § 20.2.65
For minor variances: confirm requested numeric relief fits within the caps listed under § 20.2.60 (parking, setback, coverage, GFA allowances)
If within a special district (AP, DI, CRC, overlays), provide any compatibility evidence required by that chapter (e.g., § 20.3.21 for AP, Table 6.B for CRC/I)
Signed "Acceptance of Conditions" if variance approved; expect conditions to be recorded if required — § 20.2.60 (Conditions)

Risks & Ambiguities

Issue	Why it matters	What to verify
Interpretation of “practical difficulty” / hardship	Approval depends on factual findings; phrasing is discretionary and case‑specific	Verify that the Planning Commission/Director precedent supports your facts; confirm required findings under § 20.2.60
Whether a request fits “minor variance” caps	Some numeric requests near the cap may be routed to Planning Commission	Confirm the exact numeric caps in § 20.2.60 and ask staff whether the Director will treat as minor or major
ADU conflicts with variance relief	ADU rules (setbacks, coverage, parking waivers) have special state‑law constraints and local ADU chapter rules (ministerial limits) — § 20.11.200 applies	Verify whether State ADU law precludes discretionary conditions for the ADU; check § 20.11.200 and state ADU rules
Overlay or airport compatibility	Overlays (scenic, airport, historic) can impose extra findings or bar relief	If project touches an overlay, verify that overlay § (e.g., § 20.3.21 for AP) is satisfied; may be "no variance unless special findings"
Recorded conditions / covenant	Conditions may run with the land — creating long‑term obligations	Confirm recordation language and long‑term maintenance obligations in variance conditions; see § 20.2.60 (Conditions)

If anything above is parcel‑specific or uncertain: Verify with the Community Development Department (staff interpretation and prior decisions vary). If a requested relief touches state‑preempted areas (certain ADU provisions), state law may control — confirm with § 20.11.200 and state ADU guidance .

Plain‑English summary

A variance in Delano is a discretionary permit (minor or major) that lets a property owner get small, specific exceptions from the zoning rules when strict application would be unfair or make the property unusable; the city requires written findings and may add conditions — see § 20.2.60 for the rules and the residential and district tables for the numeric standards that a variance would change .

Source References

§ 20.2.60 — Variances (purpose, authority, minor/major caps, required findings, conditions)
§ 20.2.65 — Site Plan Review (how site plans interact with variances and decision authority)
§ 20.2.125 — Reasonable accommodations (parallel process and findings for disability accommodations)
§ 20.11.200 — Accessory dwelling units (ADU/JADU rules and ministerial limits that affect variance requests)
Table 4.B (Residential Site Development Standards: R‑A, R‑1, R‑2, R‑3) — development standards and numeric setbacks/coverage/height (see Chapter 20.4 / Table 4.B)
Table 6.B (Employment District Site Development Minimum Standards: CRC, I) and Chapter 20.6 — employment district dimensional standards and buffers
§ 20.3.21 — Airport (AP) district (uses, findings, airport compatibility)
Commercial district exceptions and special requirements (commercial chapter excerpts) — see commercial district sections (use and exceptions language)
For state ADU and building‑code context referenced by Delano’s ADU chapter, see the California Building Standards Code (Title 24) (/us/california/building-codes) and the ADU handbook excerpts included in the local materials

Sources

Retrieved passages

Delano Zoning Code (Title shall) High relevance
Delano Zoning Code (§ 1) High relevance
CFC § 20.2.85.5 (Section 20.2.85.5) High relevance
Delano Zoning Code (Section 20.10.290) High relevance
Delano Zoning Code (§ 66332) Medium relevance
Delano Zoning Code (Chapter of) Medium relevance
CEC § 66314 (§ 66314) Medium relevance
Delano Zoning Code (§ 1) Medium relevance
Delano Zoning Code (section 20.2.50) Medium relevance
Delano Zoning Code (Chapter 3) Medium relevance
Delano Zoning Code (§ 1) Medium relevance
Delano Zoning Code (Section 20.2.85) Medium relevance
CFC § 1 (title report) Medium relevance
Delano Zoning Code (title report) Medium relevance
CBC § 66314 (§ 66314) Medium relevance
California Residential Code (Title is) Medium relevance
Delano Zoning Code (§ 1) Medium relevance
Delano Zoning Code Medium relevance
Delano Zoning Code (Chapter 20.13) Medium relevance
Delano Zoning Code (Section 20.2.80.6.f) Medium relevance
Delano Zoning Code (title 25) Medium relevance
Delano Zoning Code (Section 20.2.50.6) Medium relevance
Delano Zoning Code Medium relevance
Delano Zoning Code (§ 66314) Medium relevance
Delano Zoning Code Medium relevance
CFC § 1 (§ 1) Medium relevance
Delano Zoning Code (section 66323.) Medium relevance
CBC § 66321 (§ 66321) Medium relevance
Delano Zoning Code Medium relevance

Cited sections

Official Delano code library

Frequently asked questions

What is the formal code citation for variances in Delano and who decides minor vs major?

Variances are governed by § 20.2.60 of the Delano Municipal Code. The Community Development Director is authorized to grant minor variances; any variance beyond the minor thresholds is a major variance decided by the Planning Commission — see § 20.2.60 .

What findings must Delano make to approve a variance?

All the findings listed in § 20.2.60 must be made: practical difficulty/hardship, exceptional circumstances unique to the parcel, parity with nearby properties, not a special privilege, no detriment to public health/safety/welfare, and consistency with the General Plan .

What numeric reductions can the Community Development Director grant without sending it to the Planning Commission?

The Director’s minor variance caps (see § 20.2.60) include: up to 30% of parking/loading (max 2 spaces), 20% of front setback, 40% of side yard (not closer than 3 ft), 25% of rear yard (not closer than 5 ft), and modest 10% adjustments for area, coverage, and gross floor area; larger requests are major variances .

If I need a smaller front setback in an **R‑1** lot, what numbers do I check?

Start with the residential table (Table 4.B) for R‑1 setbacks and lot standards (minimum lot area 6,000 sq ft, front yard typical 15 ft (see Table 4.B)) — then compare your requested percent reduction to the minor variance caps in § 20.2.60 .

Do ADU statewide limits change the ability to get a variance in Delano?

ADU rules are in § 20.11.200; state ADU law restricts how local agencies can regulate ADUs and may preempt discretionary denial of ADU features (setbacks, parking, lot coverage) in certain cases. Always check § 20.11.200 alongside § 20.2.60 and confirm with planning staff whether a variance is required or precluded for the ADU element .

If my parcel is near the airport, are variances treated differently?

Yes — the Airport district and Airport Safety Review Areas impose specific findings and compatibility requirements in § 20.3.21; the city will require findings that the use will not adversely affect airport operations or safety, and a conditional use may be required if findings cannot be made .

Can variance decisions be recorded against the property or require deed restrictions?

Yes. Conditions placed on a variance may be recorded and the code expressly allows variance permits or conditions to be recorded; an "Acceptance of Conditions" must be signed before the variance is effective — see § 20.2.60 (Conditions) .

Do site plan review and variance review happen together?

Often yes. Site Plan Review (see § 20.2.65) is required for many development proposals; if a variance is needed the site plan and variance are processed together and the applicable findings for both must be made by the decision‑maker .

Are there standard conditions the city typically attaches to a variance?

Typical conditions include landscaping/screening, dedications and street improvements, ingress/egress/traffic measures, operational limits, and maintenance obligations. These are examples listed in § 20.2.60 — the decision‑maker may impose any condition necessary to secure the objectives of the General Plan and protect public welfare .

What table lists the R‑1/R‑2/R‑3 lot and setback numbers I should compare my variance request to?

The City’s Residential Site Development Standards are in Table 4.B under the residential chapter (Chapter 20.4). Table 4.B gives min lot area, widths, setbacks, lot coverage, heights and accessory dwelling details for R‑A, R‑1, R‑2, R‑3 .

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