Local zoning · Kings County

Kings County — Variances and Exceptions

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

Last reviewed: July 3, 2026

Overview

Variances and Exceptions in unincorporated Kings County are handled through the Kings County Development Code (Development Code No. 668.20). Variances are the formal discretionary relief allowing deviations from dimensional and site standards (setbacks, height, parking, coverage, etc.); exceptions include special zoning exceptions, agricultural/parcel exceptions, adaptive‑reuse allowances and reasonable accommodations. The primary variance rules appear in Article 18, §§ 1801–1815 of the Development Code; application, findings and appeal rules are spelled out in those sections.

Note: this page treats only rules in the Kings County Development Code for the unincorporated areas (not rules inside any incorporated city).

How Kings County treats Variances (what they are and when they’re used)

Purpose: Variances are intended to prevent or lessen "practical difficulties and unnecessary physical hardships" that result from strict enforcement of the Development Code (e.g., lot shape, topography, location) — they do not allow new, otherwise-prohibited uses. See § 1801.
Authority: The Zoning Administrator is the first-level decision maker for Variances; the Zoning Administrator may grant area/dimensional variances including fences, site area, frontage, coverage, yards, height, distance between structures, and off‑street parking/loading relief under § 1802.
Findings required: The code requires findings before a variance is granted — special circumstances of the property, no grant of special privileges, not authorizing a use not permitted by the zone, and not detrimental to public health/safety/welfare — see § 1807. For parking or loading variances, additional traffic and safety findings apply in § 1807(B).
Procedure: Apply on the County's Variance form; applications must include owner authorization, APN, a written statement of the requested variance and hardship, and scaled site drawings. The Zoning Administrator investigates and prepares a public‑hearing report; hearings are held within 45 days of a complete application and notice per Article 19 rules. See §§ 1803–1806.
Conditions, time limits, revocation and appeals: Variances may be conditioned, time‑limited, revocable and may be revoked for non‑compliance; decisions can be appealed to the Planning Commission and then the Board of Supervisors per §§ 1808, 1812–1813.

Practical note: a variance cannot be used to authorize a use the zoning district does not allow (a use variance); the Development Code directs applicants to Conditional Use Permits for use flexibility. § 1801.

(First natural mention of parking in this document:) Variances can be requested to modify off‑street parking requirements; see §§ 1802, 1807(B) and the County's parking rules in Article 13 for how the County evaluates parking relief. Kings County Parking

(First natural mention of development standards:) Variances are measured against the County’s published development standards (setbacks, lot area, height, lot coverage) found in the district tables and Article 1 measurement rules; see Article 1 and applicable district tables when preparing your request. Kings County Development Standards

(First natural mention of design review/site plan:) Many variance requests are processed alongside Site Plan Review or may require referral to design review processes described in Article 16; the Zoning Administrator consults outside agencies as part of the investigation. §§ 1601–1604; 1804. Kings County Design Review

(First natural mention of overlay districts:) Be aware overlay districts and community plan standards can affect whether a variance is allowed or the findings that must be met. See Article 10 and the overlay rules. Kings County Overlay Districts

(First natural mention of ADUs:) Accessory Dwelling Units (ADUs) have their own development standards and statutory protections; variances do not override state ADU rules — consult the ADU standards (e.g., maximum height and 4‑ft side/rear setback guidance) when an ADU is involved. California ADU law

(First natural mention of building code:) Variances and exceptions under the Development Code are planning actions; construction still must comply with the California Building Standards Code (Title 24) and local building department requirements. Verify building-code compliance separately. California Building Standards Code

District‑by‑district breakdown (how variance/exception practice matters by zoning district)

Below are the main County zoning district groups (as organized in the Development Code). Each subsection highlights the district purpose, typical permitted uses (high level), key dimensional standards mentioned in the Code excerpts, and where that district commonly applies in unincorporated Kings County.

Note: district tables and full use lists are in Articles 4–10 of the Development Code; citations point to the relevant article and snippets used here.

Agricultural districts — AL‑10, AG‑20, AG‑40, AX

Purpose: Preserve commercial agriculture and limit non‑agricultural subdivisions/use intensity. See Article 4.
Typical permitted uses: farming, dairies, agricultural service establishments, incidental retail of farm products, on‑site housing for farm operators; special rules cover dairies and animal operations.
Key dimensional/parcel standards used in exception decisions: minimum parent‑parcel sizes and minimums for transfer exceptions are stated (nominal minima: AL‑10 = 10 acres, AG‑20 = 20 acres, AG‑40 = 40 acres, with AX treated like AG‑40 for some rules); transfer/new parcel minimums and sizes (new home‑site parcel not less than 1 acre, width ≥125 ft, depth ≥150 ft) appear in the transfer/exception rules (Sec. 411). These agricultural transfer exceptions require specific findings by the Zoning Administrator.
Where it applies: unincorporated farming areas and planning areas designated for agriculture; AG and AX districts are used in the County's rural landscape.
Variance/exception practice: agricultural exceptions (Transfers of Title, Agricultural Service Establishment divisions, adaptive reuse of agricultural facilities) are processed under Article 4 special provisions (e.g., Sec. 411–417) and require documentary proof and findings before smaller parcels/home sites are allowed.

Residential districts — R family of districts (examples in tables: R‑1, R‑1‑6, R‑1‑8, RM, etc.)

Purpose: Single family and multifamily housing, neighborhood services as allowed. See Article 5.
Typical permitted uses: single‑family dwellings, duplexes/multi‑family in appropriate RM districts, accessory dwelling units (ADUs) with statutory standards.
Key dimensional standards: district tables specify minimum front/rear/side setbacks, site area, frontage and maximum heights. Examples from the PF and R tables: PF front setback 15 ft, rear 10 ft, max height 50 ft (Table 9‑2); in R districts the code provides front setbacks that vary by subdistrict and notes for ADU setbacks (minimum 4 ft side/rear and 30 ft max height for ADUs). Always confirm the exact numeric table for the subdistrict in question.
Where it applies: established residential neighborhoods in unincorporated communities and rural residential areas.
Variance/exception practice: area variances (setbacks, lot coverage, distances between structures) are commonly sought in the R districts; ADUs are subject to their own statutory protections but still must meet local ADU provisions where consistent with state law. §§ 1801–1802 and the ADU provisions govern process and limits.

Commercial districts — C family (Article 6)

Purpose: Retail, services, offices and commercial support uses in unincorporated commercial centers. See Article 6.
Typical permitted uses: retail sales, restaurants, personal services, professional offices (detailed use tables are in Article 6 and Table 6‑x).
Key dimensional standards: commercial tables set site frontage, setbacks and heights (refer to the district table in Article 6 and general measurement rules in Article 1). Variances frequently requested: sign/parking relief, reduced setbacks, building‑coverage exceptions.
Where it applies: unincorporated commercial strips, community centers and corridors.

Mixed‑Use districts — MU (including MU‑D)

Purpose: Blend residential and commercial uses, with explicit limits on residential share of gross floor area (e.g., residential element not to exceed 45% of gross floor area). See Article 7.
Typical permitted uses: ground‑floor commercial with upper‑floor housing or mixed‑use buildings.
Key dimensional standards: project‑specific sidewalk and frontage standards, height caps and parking provisions in Article 7 tables; variances may be used for frontage/height/site coverage issues consistent with findings.
Where it applies: targeted infill and community center sites in the unincorporated area.

Industrial districts — I

Purpose: Light and heavy industrial uses, processing and warehousing. See Article 8.
Typical permitted uses: manufacturing, materials handling, distribution and limited commercial support.
Key dimensional standards: site area, setbacks and screening to protect adjacent uses; variances used for setback/height or separation relief where safety and environmental conditions permit.

Public Facilities — PF

Purpose: Schools, government facilities, utilities and public service installations. See Article 9 and Table 9‑2 for development standards (front 15 ft, rear 10 ft, max height 50 ft shown in Table 9‑2).
Typical permitted uses: public buildings, parks, utility infrastructure.
Variance/exception practice: the Zoning Administrator may allow adaptive reuse of vacant PF structures for compatible uses via Site Plan Review (Sec. 903) subject to findings; PF sites surrounded by another district may adopt surrounding district setbacks by exception.

Overlay zones

Purpose: Add site‑specific or area‑specific rules (e.g., historic preservation, floodplain, WUI) that modify base zone standards. See Article 10. Variances may be harder to obtain if the overlay requires stricter findings or federal/state coordination. Kings County Overlay Districts

Key standards and quick reference table

Decision topic	Summary of the rule	Code Reference
When a variance may be granted	Only for area/dimensional practical difficulties (size, shape, topography); cannot authorize a use not allowed by the zone.	§ 1801; § 1807
Who decides first	Zoning Administrator (initial), appealable to Planning Commission and Board.	§ 1802; § 1808
Application contents & drawings	Owner authorization, APN, statement of hardship, scaled site plan showing structures, driveways, parking and landscaping; fee per Board resolution.	§ 1803
Timing for a hearing	Zoning Administrator holds a public hearing within 45 days of a complete application; public notice per Article 19.	§ 1805; § 1903
Parking variances	Additional findings required: traffic volumes, on‑street parking impacts, safety concerns.	§ 1807(B)
Agricultural/transfer exceptions	Transfers of Title and small home‑site exceptions have minimum parcel rules and findings (e.g., new parcel ≥1 acre, width ≥125 ft, depth ≥150 ft); parent parcel minima AL‑10=10 ac, AG‑20=20 ac, AG‑40/AX=40 ac unless specific findings made.	Sec. 411 (Article 4)
Reasonable accommodation (disability)	Separate process for disability‑related modifications; may be granted without a Variance; findings and timelines in Article 22.	§ 2208

Checklist (what an applicant must satisfy for a Variance in unincorporated Kings County)

Prepare the Variance application form and pay the Board‑set fee. § 1803.
Include owner authorization (notarized if mailed), APN, site address and a clear statement of the precise variance requested and the practical difficulty/hardship. § 1803.
Provide an accurate, scaled site plan showing property lines, existing/proposed structures, driveways, pedestrian access, off‑street parking and loading, and landscape areas. § 1803.
Demonstrate the required findings: (a) special circumstances such as size/shape/topography; (b) variance will not constitute special privileges; (c) variance does not authorize a prohibited use; (d) variance not detrimental to public health/safety/welfare. § 1807.
If requesting parking/loading relief, document traffic generation, anticipated future traffic, and street parking impacts to satisfy parking‑variance findings. § 1807(B).
Expect an investigation and written report by the Zoning Administrator; be available for the public hearing and supply consultant reports or agency responses as needed. § 1804–1806.
If denied, wait 12 months before reapplying for the same or substantially similar variance on the same site per § 1814.

Risks & Ambiguities

Issue	Why it matters	What to verify
Use variances are effectively prohibited	The code says the power to grant variances does not extend to use regulations; use flexibility is via Conditional Use Permits. § 1801.	Verify whether your change is a dimensional issue (variance) or a new use (CUP).
Parcel/Transfer exceptions in Ag districts	Agricultural exceptions have strict minimums (AL‑10/AG‑20/AG‑40/AX) and require findings; misinterpreting these can invalidate a transfer. Sec. 411 and related rules apply.	Confirm the parent‑parcel acreage and whether the Zoning Administrator findings can be satisfied; confirm Williamson Act status.
Intersection with overlays or community plans	Overlays or community‑plan standards can impose stricter rules that change findings for a variance. Article 10 and district tables may control.	Check whether an overlay applies to the parcel and any overlay‑specific procedures/limitations.
ADUs and State law	State ADU law provides protections; local ADU sections modify technical standards (setbacks, heights). Confusion may cause denial or unnecessary variance applications.	Confirm ADU-specific code sections (e.g., § 507 and Article 5) and whether State ADU law supersedes local rules.
Timing and appeals	Failure to follow the notice/hearing timelines can delay approval and affect appeal windows (8 days to appeal certain decisions). §§ 1805, 1808.	Verify appeal deadlines, notice dates, and when a decision becomes effective.
Building permits vs. planning relief	A planning variance does not change compliance obligations under the California Building Standards Code (Title 24).	Verify building code compliance with the Building Official; a separate permit may still be required. California Building Standards Code

Plain‑English summary

If your property in unincorporated Kings County needs relief from a dimensional rule (setback, height, parking, coverage), apply for a Variance with the County; you must show a property‑specific hardship, supply drawings and proofs, and satisfy the findings in § 1807 — the Zoning Administrator decides first, with appeals possible to the Planning Commission and Board. Use changes are not approved via variances; special agricultural parcel exceptions, adaptive reuse and reasonable accommodations have their own rules and findings.

Source References

Kings County Development Code (Appendix A, Dev. Code No. 668.20), Table of Contents and Articles cited above.
Article 18, Variances — §§ 1801–1815 (purpose; authority; application; findings; appeals). § 1801; § 1802; § 1803; § 1804; § 1805; § 1807; § 1808; § 1812–1814.
Article 21, Changes of Zoning District Boundaries / Special Zoning Exceptions — Sec. 2110–2112 (special zoning exception process).
Article 4, Agricultural districts (Transfer of Title, small parcel/exception rules; Sec. 411–417).
Article 5, Residential districts and ADU rules (ADU setbacks, height and parking references; see § 507 cross‑reference).
Article 9, PF district standards and Table 9‑2 (setbacks/height examples; Secs. 903–905).
Article 16, Site Plan Reviews and related procedures (Zoning Administrator actions and consultations). § 1603.
Article 22, Reasonable Accommodations (disability‑based requests separate from variances). § 2208.

Sources

Retrieved passages

Kings County Zoning Code (Section 1807) High relevance
Kings County Zoning Code (Section and) High relevance
Kings County Zoning Code (Section 1807) High relevance
Kings County Zoning Code (Article 16) High relevance
Kings County Zoning Code (Article 19) High relevance
Kings County Zoning Code (Section of) High relevance
Kings County Zoning Code (Section 1808) High relevance
Kings County Zoning Code (Section 1807) Medium relevance
Kings County Zoning Code (Section 1707) Medium relevance
Kings County Zoning Code (Section 25120) Medium relevance
Kings County Zoning Code (Section 66474.4) Medium relevance
Kings County Zoning Code (Section 2.) Medium relevance
Kings County Zoning Code (Article 23) Medium relevance
Kings County Zoning Code (SECTION 1.8.4) Medium relevance
CFC § 3479 (Section 3479.) Medium relevance
Kings County Zoning Code (Section No.) Medium relevance
Kings County Zoning Code (Chapter 5) Medium relevance
Kings County Zoning Code Medium relevance
CFC § 45 (Section 905.B) Medium relevance
CFC § 905 (Article 25_) Medium relevance

Cited sections

Official Kings County code library

Frequently asked questions

What exactly is a variance in unincorporated Kings County?

A variance is discretionary relief from the County’s Development Code for area/dimensional rules (setbacks, height, coverage, parking, etc.) where strict compliance would cause practical difficulty due to property‑specific circumstances; it cannot be used to authorize a use not allowed by the zoning district. See § 1801 and § 1807.

How do I apply for a variance and what must I include?

File the County’s Variance application, pay the Board‑set fee, include owner authorization, the APN, a written statement of the precise variance requested and the practical difficulty, plus a scaled site plan showing structures, driveways, parking and landscaping. See § 1803.

How long until my variance is heard and decided?

The Zoning Administrator must hold a public hearing on a complete application within 45 days; public notice is given per Article 19 rules. Decisions may be appealed to the Planning Commission (within 8 days) and then to the Board. See §§ 1805, 1808.

Can I get relief for parking or loading requirements?

Yes — the Zoning Administrator may grant variances for off‑street parking or loading if the specific additional findings are met (no adverse traffic impact, no on‑street parking that interferes with traffic, and no safety hazard). See § 1807(B).

I own agricultural land — can I create a 1‑acre home site by exception?

Under limited circumstances (Transfers of Title and related exceptions in Article 4), the code allows creation of a new parcel down to 1 acre with width ≥125 ft and depth ≥150 ft if specific findings are met and parent‑parcel minimums (AL‑10, AG‑20, AG‑40, AX) and joint‑management conditions are satisfied. See Sec. 411. Verify Williamson Act status.

Are use changes (e.g., turning a house into a business) handled by variances?

No. The Development Code explicitly reserves use flexibility to conditional use permit procedures; a variance cannot authorize a use not permitted by the zone. For a new or different use seek a Conditional Use Permit under Article 17. § 1801 and Article 17.

Do reasonable accommodations for disabilities require a variance?

Not necessarily. The county has a separate reasonable accommodation procedure (Article 22) that may be approved without a variance; it is intended to ensure fair housing access and has its own findings and timelines. § 2208.

If my variance is denied, can I reapply?

Yes — but the Code bars filing the same or substantially similar variance for the same or substantially the same site within 12 months of denial or revocation. § 1814.

Will a variance change building‑code requirements?

No. A variance adjusts planning/development standards only; you must still obtain building permits and comply with the California Building Standards Code (Title 24) and local building department rules before construction. See county procedure notes and consult the Building Official. California Building Standards Code

Do I need design review or site plan review for a variance project?

Often yes — the Zoning Administrator’s review typically coordinates with Site Plan Review and other referrals (public works, fire, environmental health). Some adaptive reuse or larger projects will require Planning Commission review per Article 16. See § 1603 and § 1804. ---

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