Local zoning · Lemoore
Lemoore — Variances and Exceptions
Variances and Exceptions under the Lemoore local zoning and planning code, with the controlling citations.
Last reviewed: July 2, 2026
Overview
Variances and related exceptions in Lemoore are the discrete, discretionary tools the city uses to relax development-standard requirements (setbacks, height, lot coverage, parking limits, etc.) where strict application would unfairly deprive a property of privileges enjoyed by other similar properties. The governing rules, decision-makers, required findings, and common limits (what a variance will never allow) are in § 9-2B-16 of the Lemoore Zoning Code.
This page explains what the code authorizes or forbids, how findings are made, where other exceptions (minor deviations, site plan/design exceptions, parking waivers) live in the code, and how those rules interact with district-specific development standards (including downtown DMX-1 / DMX-2 / DMX-3). For the base development standards that variances often seek to modify, see Lemoore’s development standards. Lemoore Zoning and Lemoore Development Standards explain the context for those standards.
What the code says — core rules & limits
Variances provide relief from development standards only when all of the required findings are met. The findings are listed in § 9-2B-16: there must be special circumstances of the property; the variance must be necessary to preserve substantial property rights; the variance must not adversely affect public or neighbor interests; and the variance must be consistent with the general plan and the intent of the zoning title. § 9-2B-16 (Variance).
Hard limits on what a variance cannot do are explicit: a variance may not (1) allow a use not permitted in the zoning district, (2) increase maximum residential density (except where state law allows), (3) waive or reduce parking requirements by more than 30%, or (4) waive or modify a procedural requirement. See § 9-2B-16(A).
Decision authority and process: the Planning Commission is the designated approving authority for variances; the Planning Director provides recommendations; required public hearing and notice follow the public notice rules in § 9-2A-6. See § 9-2B-16(B–C).
Conditions: the Commission must (and may) impose conditions to avoid granting “special privileges” inconsistent with neighboring properties and to ensure compliance with required findings; common condition types include buffers, landscaping, hours, screening, and off‑site improvements. See § 9-2B-16(E).
Minor deviations: for relatively small departures (up to 10% of height, setback, lot coverage, or parking provisions), the Planning Director can grant a minor deviation without a public hearing — see § 9-2B-11. Minor deviations do not alter uses and cannot substitute for a full variance.
Site plan & design exceptions: some "exceptions" (for example, recessed facades, historic conversions, or automotive frontages in downtown) are handled through the site plan and architectural review process and not via the variance process; see downtown standards in Chapter 6 and site plan rules in § 9-2B-12. Lemoore Design Review and the downtown chapter list those design exceptions.
Parking-specific reductions and waivers: the code provides targeted parking reductions (e.g., reductions for bicycle parking, transit proximity, existing use improvements) and a Planning Director-granted parking district waiver for access to public parking; total discretionary parking reductions are capped in program lists (and variances may not reduce parking by more than 30%). See the parking reductions and waiver language in the parking article and Table 9-5E-4-A1. Lemoore Parking
Decision‑relevant facts summarized (quick reference):
| What an applicant needs / limit | Short explanation | Code reference |
|---|---|---|
| Required findings (all 4) | Special circumstance; necessary for property rights; no adverse effects; consistent with general plan/intent | § 9-2B-16 (D) |
| Who decides | Planning Commission (with Planning Director recommendation) | § 9-2B-16 (B) |
| Public hearing required | Yes, follow § 9-2A-6 notice rules | § 9-2B-16 (C) |
| Non‑starters (what a variance cannot do) | Cannot change allowed use, increase density (except state law), waive parking > 30%, or waive procedural requirements | § 9-2B-16 (A) |
| Smaller departures (no variance needed) | Minor deviations up to 10% (height, setback, lot coverage, parking) | § 9-2B-11 |
| Design- or plan-based exceptions | Handled in site plan & architectural review (ministerial), or downtown chapter exceptions | § 9-2B-12; Downtown standards chapter (9-6) |
District-by-district guidance (how variances interact with each district)
Below are the Lemoore districts and how variances/exceptions commonly function in each. For the full list of allowed uses by district consult Table 9-4B-2; for precise dimensional numbers consult Table 9-5A-4A / 9-5A-4B or the downtown tables referenced below. Lemoore Land Use and Lemoore Zoning give the broader maps and use tables.
DMX-1 (Downtown mixed-use — core)
Purpose & where it applies: The DMX-1 district governs the downtown core and aims for pedestrian-oriented, mixed-use infill (see chapter 6).
Typical permitted uses: ground-floor retail, offices, upper-floor residential and similar downtown uses (see the allowed uses table in chapter 4). Not a place to use a variance to introduce a use that the district disallows.
Key dimensional standards: Build‑to lines and setbacks are strict — front/build-to 0' is expected for DMX‑1; height standards have minimum and maximum thresholds (structure height 16' min., 40' max. for DMX‑1 per table 9-6-2-B1). Variations for recessed facades and historic conversions are handled through site plan/design review, not a routine variance. See chapter 6 (9-6-2). Lemoore Design Review
DMX-2 (Downtown mixed-use — auto‑oriented)
Purpose & where it applies: DMX-2 covers parts of downtown where some auto access is expected; standards are intermediate between core and transitional downtown.
Typical permitted uses: similar to DMX‑1 but allowing more auto‑oriented commercial uses (see chapter 4).
Key dimensional standards: Build‑to line front 5' for DMX‑2; height limits such as 16' min., 25' max. are shown in table 9-6-2-B1. Design exceptions for automotive frontages may be granted via site plan/design review rather than a variance. See chapter 6.
DMX-3 (Downtown mixed-use — transitional)
Purpose & where it applies: DMX-3 is the transitional downtown zone (lower intensity; larger setbacks to adjacent residential).
Typical permitted uses: mixed uses with more generous setbacks and lower heights; review the uses table in chapter 4.
Key dimensional standards: Front setback 15' and shorter height limits such as 20' max. for many building types (see table 9-6-2-B1 and 9-6-2-A1). Variances may be requested but design review exceptions exist for some frontage types.
Residential districts (AR, RV, LD, RLD, RN, RLMD, RMD, RHD)
Purpose & where it applies: These are the base residential zones (abbreviations used in Table 9-5A-4A) that layer the city’s single‑family and multi‑family neighborhoods. For the complete list and where each applies, see the zoning map in Chapter 3 and the development‑standards table § 9-5A-4.
Typical permitted uses: single‑family homes, duplexes, multi‑family (depending on the district symbol and permissions in Table 9‑4B‑2).
Key dimensional standards: Lot area per dwelling, minimum lot size, front yard and other setbacks, maximum height, and lot coverage are shown in Table 9‑5A‑4A. Minor deviations up to 15% of setbacks may be administratively applied in some narrow pre‑1987 lot situations (see § 9‑5A‑3(C)(3)). Variances are for larger departures and must meet § 9‑2B-16 findings.
Commercial / Office / Industrial districts (see Table 9-5A-4B)
Purpose & where it applies: Commercial and industrial base zones regulate retail, office, service, and industrial uses; consult the zoning map for their locations.
Typical permitted uses: ranges from neighborhood commercial to general commercial, auto‑oriented services, and light industrial — check Table 9‑4B‑2 for the specific district.
Key dimensional standards: setbacks, parking ratios (Table 9‑5E‑4‑A1), and coverage standards appear in the commercial/industrial development standards table; a variance cannot waive more than 30% of parking requirements (§ 9‑2B-16(A)(3)) and targeted parking reductions/waivers are described in the parking article. Lemoore Parking
Mixed Use (MU) and other planned/mixed districts
Purpose & where it applies: The MU and other mixed‑use districts have separate chapters (e.g., Chapter 7) that set their own design standards; those chapters also specify when site plan/design review exceptions are allowed and when variances are the correct route. See Chapter 7 and the mixed‑use standards for details. Lemoore Overlay Districts for overlays that can add requirements or limits.
How exceptions (non‑variance tools) work in Lemoore
Minor deviation: § 9-2B-11 — up to 10% flexibility for height/setback/lot coverage/parking; Planning Director decision; no public hearing. Use this for modest design changes.
Site plan & architectural review exceptions: design-based exceptions (e.g., recessed facades, historic conversions, certain automotive setbacks downtown) are processed through site plan/design review and referenced in the downtown chapter (Chapter 6) and § 9‑2B‑12; these are ministerial reviews in many cases. Lemoore Design Review
Parking waivers & reductions: administrative waivers (Planning Director) and programmatic reductions (design, transit, bicycle parking, shared lots) appear in the parking article and Table 9‑5E‑4‑A1; total discretionary parking reduction programs are capped (combinations limited and subject to overall caps). Lemoore Parking
Density bonus waivers / concessions: housing projects seeking a density bonus have their own statutory route (density bonus laws) and the City will not apply standards that physically preclude the construction of qualifying projects, subject to the statutory limits and findings (see density bonus article 9‑5G). When a proposed waiver would have a specific adverse impact (per Gov. Code § 65589.5), the city can deny it — see the density bonus article.
Checklist (what an applicant must satisfy for a variance in Lemoore)
- Complete application on the City form and required fee (Planning Director’s application submittal requirements).
- Demonstrate the special circumstances of the property (location, shape, size, topography, surroundings) — evidence and photos/site plan. § 9‑2B‑16(D)(1).
- Show the variance is necessary for preservation/enjoyment of substantial property rights (comparative evidence to neighboring properties). § 9‑2B‑16(D)(2).
- Show the variance will not adversely affect public/neighborhood interests — traffic, safety, noise, visual impacts. § 9‑2B‑16(D)(3).
- Prove consistency with the general plan and the intent of the zoning title (narrative & analysis). § 9‑2B‑16(D)(4).
- Provide site plans, elevations, parking analysis (if parking is implicated), and any environmental/traffic studies requested. See site plan requirements § 9‑2B‑12.
- If requesting parking relief, demonstrate why the relief fits within the 30% variance limit or pursue the parking waiver/reduction programs instead. § 9‑2B‑16(A)(3) and parking article.
Risks & Ambiguities
| Issue | Why it matters | What to verify |
|---|---|---|
| Scope of “special circumstances” | Findings hinge on this; weak facts = denial | Confirm the factual basis and comparative neighborhood analysis you’ll present at hearing (photographs, GIS maps). § 9‑2B‑16(D)(1). |
| Parking reductions vs. variance cap | Code prevents variances that cut parking > 30%; other parking programs have separate caps | If you need >30% parking relief, pursue programmatic reductions, shared parking, or pay‑in‑lieu — confirm eligibility under the parking article and Table 9‑5E‑4‑A1. |
| Design exceptions in downtown | Some downtown exceptions are available through design review instead of variance | Check Chapter 6 exceptions and the site plan/architectural review rules to determine the correct application path. Chapter 6; § 9‑2B‑12. |
| Parcel-specific Code interpretations | Interpretation of yard lines, rights-of-way, or measurement rules can change outcomes | Ask the Planning Director for a written interpretation and confirm measurement rules in § 9‑5A‑3. Verify with the jurisdiction. |
| State law conflicts (density/ADUs) | State housing law can preempt or limit local variance authority | If your request touches density or ADUs, check state ADU and density bonus statutes; the code references these interactions (density bonus article 9‑5G). See also California ADU law and the state building code for construction rules. California ADU law California Building Standards Code |
Plain-English Summary
In Lemoore you can ask the Planning Commission for a variance to relax development rules like setbacks or heights, but you must show the property’s special circumstances, prove the change is necessary and won't hurt neighbors, and that the change fits the general plan; variances cannot change allowed uses, cannot increase density (except where state law allows), and cannot cut parking by more than 30% — smaller tweaks can be done administratively as a minor deviation. § 9‑2B‑16; § 9‑2B‑11.
Source References
- City of Lemoore Zoning Title — Variance (full procedural and findings language): § 9‑2B‑16.
- Minor deviation rules and administrative pathway: § 9‑2B‑11.
- Site plan and architectural review (design review exceptions): § 9‑2B‑12 and Downtown Chapter (Chapter 6, esp. 9‑6‑2) for DMX exceptions.
- Downtown DMX tables (build‑to, setbacks, heights): Chapter 6 — Table 9‑6‑2‑A1 and Table 9‑6‑2‑B1 (§ 9‑6‑2).
- Development standards / residential & commercial tables: § 9‑5A‑4 and Table 9‑5A‑4A / 9‑5A‑4B (development standards for zoning districts).
- Parking reductions, waivers, and required minimum parking table: Table 9‑5E‑4‑A1 and associated text (parking exceptions and reductions).
- Definitions and variance definition: Definitions article (V terms) and variance definition; see the Definitions chapter and § 9‑2B‑16.
Information Gaps
- Exact, full list of allowed uses and the P/A/C/N designations by district (Table 9‑4B‑2) was referenced but not fully extracted from the uploaded materials; verify permitted‑use specifics in Table 9‑4B‑2 for any parcel‑level questions. Not found in retrieved materials (complete table).
- Complete numeric values for every residential district's setbacks/heights in Table 9‑5A‑4A were partly truncated in the retrieved excerpts; for parcel‑specific dimensional numbers, consult Table 9‑5A‑4A in § 9‑5A‑4 directly. Not all figures are reproduced above.
- Any local administrative application form, current fee schedule, and exact noticing distances/count of mailed notices are not included here — verify with the Planning Department (application form and fee resolution). Not found in retrieved materials.
Sources
Retrieved passages
- Lemoore Zoning Code (title and) High relevance
- Lemoore Zoning Code (section and) High relevance
- Lemoore Zoning Code (title in) High relevance
- Lemoore Zoning Code (section 23958.4) High relevance
- Lemoore Zoning Code (section that) Medium relevance
- Lemoore Zoning Code (section 9-5G-2) Medium relevance
- Lemoore Zoning Code (title 8) Medium relevance
- Lemoore Zoning Code (section 33334.2) Medium relevance
- Lemoore Zoning Code (title shall) Medium relevance
- Lemoore Zoning Code (title for) Medium relevance
- Lemoore Zoning Code (chapter 7) Medium relevance
Cited sections
- City of Lemoore Zoning Title — Variance (full procedural and findings language): **§ 9‑2B‑16**. (§ 9)
- Minor deviation rules and administrative pathway: **§ 9‑2B‑11**. (§ 9)
- Site plan and architectural review (design review exceptions): **§ 9‑2B‑12** and Downtown Chapter (Chapter 6, esp. **9‑6‑2**) for DMX exceptions. (§ 9)
- Downtown DMX tables (build‑to, setbacks, heights): Chapter 6 — Table 9‑6‑2‑A1 and Table 9‑6‑2‑B1 (**§ 9‑6‑2**). (Chapter 6)
- Development standards / residential & commercial tables: **§ 9‑5A‑4** and Table 9‑5A‑4A / 9‑5A‑4B (development standards for zoning districts). (§ 9)
- Parking reductions, waivers, and required minimum parking table: Table 9‑5E‑4‑A1 and associated text (parking exceptions and reductions).
- Definitions and variance definition: Definitions article (V terms) and variance definition; see the Definitions chapter and **§ 9‑2B‑16**. (chapter and)
- Lemoore_ZoningCode.md
Frequently asked questions
How does Lemoore define a variance and where is that definition?
A variance in Lemoore is a quasi‑judicial planning permit that allows exceptions to development standards where special property circumstances would otherwise deprive a property of privileges enjoyed by nearby properties; the definition and permit rules are in § 9‑2B‑16 and the Definitions article (V terms).
What findings must I prove to get a variance in Lemoore?
You must demonstrate four findings: (1) special circumstances of the property, (2) necessity to preserve substantial property rights, (3) no adverse effect on public or neighbor interests, and (4) consistency with the general plan and the intent of the zoning title — all in § 9‑2B‑16(D).
Can a variance let me build a use that’s not allowed in my zoning district?
No. A variance cannot be used to allow a land use not permitted by the zoning district. That explicit prohibition appears in § 9‑2B‑16(A)(1).
How much parking relief can a variance grant in Lemoore?
A variance may not waive or reduce parking requirements by more than 30%; for other parking reductions or waivers (transit proximity, bicycle parking, shared lots, or planning‑director waivers for public parking), consult the parking article and Table 9‑5E‑4‑A1. See § 9‑2B‑16(A)(3) and the parking tables. Lemoore Parking
Who decides variance applications and is there a hearing?
The Planning Commission is the designated approving authority for variances (the Planning Director makes a recommendation); a public hearing and notice are required under the city’s public notice rules (§ 9‑2A‑6). See § 9‑2B‑16(B–C).
When should I use a minor deviation instead of a variance?
Use a minor deviation for modest departures up to 10% of height, setback, lot coverage, or parking provisions; minor deviations are decided by the Planning Director with no public hearing. Larger or use‑related departures require a variance. See § 9‑2B‑11.
Do downtown DMX districts allow design exceptions through design review instead of variances?
Yes — downtown design exceptions (e.g., recessed facades, historic home/office conversions, automotive frontages) are handled through site plan & architectural review under the downtown chapter; check Chapter 6 (especially § 9‑6‑2) and § 9‑2B‑12 for the review path. Lemoore Design Review
Does state housing law limit the city’s ability to deny density or ADU requests via variance?
State housing laws (density bonus and ADU statutes) interact with local standards and can limit local discretion; the Lemoore code references density bonus procedures (Article 9‑5G) and provides direction on when waivers/reductions must be granted or may be denied for specific adverse impacts. Verify state law interplay for project‑specific matters.
Where do I find the exact setbacks and heights for my parcel?
Development standards (lot area, setbacks, height, coverage) are in § 9‑5A‑4 and the tables Table 9‑5A‑4A / 9‑5A‑4B; downtown DMX specifics are in Chapter 6 (Table 9‑6‑2‑A1 / 9‑6‑2‑B1). For parcel‑specific answers, check the zoning map and the exact table entries and/or confirm with the Planning Director.
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