Local zoning · Madera County

Madera County — Variances and Exceptions

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

Last reviewed: July 6, 2026

Overview

This page explains how variances and exceptions work under Madera County’s zoning ordinance for unincorporated areas. It focuses on Title 18 of the County Code, including how to qualify for a variance, what kinds of “exceptions” are already built into the standards, and how density-bonus waivers differ from traditional variances. For context on districts and uses, see the county’s zoning, land use, and development standards pages.

The single most important rule: A variance is granted only if the evidence shows all of the required findings in § 18.106.040 are met; otherwise, it must be denied.

Variances in Madera County (Title 18)

Purpose and authority. Variances are allowed when strict application of the zoning rules would create practical difficulties or unnecessary hardships inconsistent with the ordinance’s purpose (§ 18.106.010). The zoning agency (Planning Commission) grants or revokes variances; the zoning administrator may act on certain variance types as noted below (§ 18.06.010).
Who applies and where. Apply in writing to the zoning administrator on County forms (§ 18.106.020). Fees are set by the Board of Supervisors (§ 18.106.030).
Structure location variances. These may be granted by the zoning administrator without a public hearing (§ 18.106.030). All other variances are heard by the zoning agency or the Board (§ 18.106.030).
Required findings. Submittals must demonstrate exceptional conditions on the property; necessity to preserve substantial property rights; no material adverse effect on health/safety/welfare; no special privilege; and that strict application would deprive privileges enjoyed on similarly zoned properties (§ 18.106.040(A)–(E)).
Action and recordation. The zoning agency may approve only if the evidence actually supports the § 18.106.040 factors (§ 18.106.050). Approved variances are recorded on the official zoning map (§ 18.108.100).
Notice, hearing, and appeals. Public notice for hearings is mailed/published at least 10 days before the hearing (§ 18.108.060). Decisions must be issued within 5 days of the hearing and become effective on the 16th day (§ 18.108.070). Any interested party may appeal within 15 days (§ 18.108.080). Appeals go first to the Planning Commission (if appealing an administrator action) and then to the Board (§§ 18.108.110–.120).
Revocation and reapplication. Variances may be revoked for nonuse within one year (for administrator-granted structure location variances), violations of conditions, or conflicts with other laws (§§ 18.108.010–.040). A denied application cannot be refiled for one year unless facts have substantially changed or were affected by acts of a public agency (§§ 18.108.200–.210).

Built‑In Exceptions, Encroachments, and Adjustments (Not a Variance)

Madera County’s code contains “by-right” exceptions and administrative adjustments you can use before seeking a variance:

Setback averaging and side-addition rules. If both neighboring buildings within 300 feet are nonconforming to the minimum front setback, an average may apply; side additions to a legal nonconforming building can align with that wall (no front addition) (§ 18.98.020(A)–(B)).
Encroachments into setbacks. Eaves, chimneys, bay windows, window boxes and permanent mechanical equipment may project up to 36 inches or 30% of the required setback, whichever is less (§ 18.98.020(D)).
Narrow-lot side yard reduction. Pre-ordinance lots narrower than 120 feet may reduce side offsets proportionately, with minimums and special accessory-building rules; further reductions for certain detached accessory offsets can be approved by the zoning administrator (§ 18.98.070(A)).
Height exceptions and limited increases. Certain features (chimneys, towers, etc.) are excepted from height limits, subject to administrator approval; a general height increase up to 10 feet is also allowed if setbacks/offsets are increased 1:1, subject to the Airport/Airspace Overlay limits (§§ 18.98.110–.120).
Substandard and “well lot” relief. On recorded, substandard lots, setback/open-space reductions require written approval from the zoning administrator; “well lot” parcel requirements may be waived by the zoning administrator (§ 18.100.010(E), (G)).
SRA Fire-Safe exceptions. In State Responsibility Areas (SRA), fire-safe offset exceptions are processed through the zoning administrator under the variance chapter (§ 18.98.070(D)).

Density Bonus Waivers (State Housing Law—Not a Variance)

When a qualifying residential project takes a density bonus, the county must also consider waivers or reductions of development standards that physically preclude construction (e.g., height, setbacks, parking, FAR, public improvement placement). There is no limit on the number of waivers; they are separate from “incentives/concessions” and are not variances (§ 18.114.080). See also California housing laws for background on state density bonus.

How Variances Interact With Other Approvals

Some chapters allow variance relief to special facility standards (e.g., tent camps, travel trailer camps/parks, mobile home parks). Those sections say such variances are processed “according to Chapter 18.106” or, in some legacy text, “according to Chapter 18.108” (interpretation needed at intake) (§§ 18.94.110, 18.94.075(B), 18.94.075(A)).
Nonconforming uses can sometimes transition to conditional use status but that is separate from variance procedure (§ 18.86.050). See Nonconforming Uses.
Parking reductions via shared-parking are handled by performance standards under the zoning administrator—not by variance (§ 18.102.040(D)). See Parking.
Conditions of approval may be imposed by the zoning administrator to address compatibility, landscaping and screening, circulation, drainage, and operational controls (§§ 18.104.040–.050).

District-by-District: Where Variances and Exceptions Typically Arise

Below are the districts most commonly involved in variance or exception requests and the baseline standards they modify. For the full zoning system, see Madera County zoning & planning overview. Districts are established in § 18.08.010.

RUS (Residential, Urban, Single Family)

Purpose/uses. Urban single-family residential district.
Key standards. Typical minimum lot area 4,500 sq ft; front setback 25 ft; side 3.5–5 ft depending on lot size; rear 10 ft; max height 35 ft (§ 18.11.120). Encroachments up to 36 in/30% allowed (§ 18.98.020(D)).
Where it applies. Urbanized unincorporated communities.
Common relief. Front setback averaging on built-out streets; narrow-lot side yard reductions (§§ 18.98.020, 18.98.070(A)).

RRS / RRS-2 / RRS-5 / RRS-10 (Residential, Rural, Single Family)

Purpose/uses. Large-lot single-family in rural unincorporated areas.
Key standards. Representative minimums: 1 to 10 acres; front 25 ft; side 10 ft; rear 20 ft; height 35 ft (§ 18.11.120).
Where it applies. Rural residential areas of the county.
Common relief. Driveway and frontage constraints on older parcels; SRA fire-safe offset exceptions processed via variance (§ 18.98.070(D)).

RMS (Residential, Mountain, Single Family)

Purpose/uses. Single-family in mountain settings.
Key standards. Minimum lot area typically 1 acre; front 25 ft; side 10 ft; rear 20 ft; height 35 ft (§ 18.11.120).
Where it applies. Foothill/mountain unincorporated areas.
Common relief. Topography-driven structure location variances.

RUM (Residential, Urban, Multiple Family)

Purpose/uses. Multi-family residential.
Key standards. Minimum lot area 6,000 sq ft with per-family land minimums; front 20 ft; side 5–10 ft; rear 5 ft; height 40 ft (§ 18.11.120).
Where it applies. Urban nodes in unincorporated areas.
Common relief. Parking layout and design review-related site plan tweaks handled administratively; true variance only where dimensional relief is necessary.

AR-5 (Agricultural, Rural—5 Acre)

Purpose/uses. Accommodates all types of agricultural uses on smaller rural parcels; typically allows one single-family dwelling (§ 18.54.010).
Key standards. Min lot 4.5 acres; front 25 ft; side 10 ft; rear 20 ft; dwelling height 35 ft; ag-building height 45 ft; lot coverage 10% (§ 18.53.030).
Common relief. Agricultural building placement near existing operations; height exceptions for farm structures (§ 18.98.110).

ARE-20 / ARE-40 / ARE-80–640 (Agricultural, Rural, Exclusive)

Purpose/uses. Exclusive long-term agriculture; differentiated by parcel size (ARE-20 min “eighteen-acre” noted in code update; ARE-40 min “thirty-six-acre”) (§§ 18.56.010, 18.58.010).
Key standards. Front 25 ft; side 10 ft; rear 20 ft; dwelling height 35 ft; ag-building height 60 ft; lot coverage 5% (§ 18.53.030).
Common relief. Setback averaging where historic farmyards constrain siting; tower/silo-type height exceptions with administrator approval (§ 18.98.110).

ARF-2½ (Agricultural, Rural—2.5 Acre “Farm Residential”)

Purpose/uses. Smallest agricultural/residential hybrid district.
Key standards. Min lot 2.5 acres; front 25 ft; side 10 ft; rear 20 ft; dwelling height 35 ft; ag-building 60 ft; lot coverage 40% (§ 18.53.030).
Common relief. Driveway and farmyard spacing; accessory encroachments (§ 18.98.020(D)).

AAO — Airport/Airspace Overlay

Purpose/uses. Mitigate airspace hazards. Applies in mapped airport approach and transition spaces (§§ 18.76.010–.040; 18.78.010).
Key standards. Additional structure location and height limits in approach/transition spaces; no residential structures within 100 feet of the projected centerline of instrumented runways for one mile from runway ends (§§ 18.78.020–.030).
Common relief. Generally, height “exceptions” are constrained by AAO; even the 10‑foot general increase (§ 18.98.120) cannot exceed AAO maxima.

Quick Reference: Relief Types and Who Decides

Relief type	What it can change	Decider	Notes	Code Reference
Structure location variance	Setbacks/offsets/siting	Zoning Administrator	No public hearing required	§ 18.106.030; § 18.06.010
Variance (other)	Any standard in Title 18 where hardship exists	Zoning Agency/Board	Requires evidence of all findings	§ 18.106.010–.050
Setback averaging/side-addition	Front and side yard placement	By-right exception	Not a variance	§ 18.98.020(A)–(B)
Encroachments into yards	Eaves/chimneys/bays/mech.	By-right exception	Max 36" or 30%	§ 18.98.020(D)
Height exceptions/increase	Appurtenances and ≤10' general increase	ZA approval (for listed appurtenances)	Subject to AAO limits	§§ 18.98.110–.120
Density bonus waiver	Any dev. standard that physically precludes the project	As provided in density bonus chapter	Unlimited number; not a variance	§ 18.114.080
Recording, effective dates, appeals	Applies to granted variances	Admin rules	Effective day 16; 15‑day appeal	§§ 18.108.060–.080, .100

Related processes may trigger signage, historic preservation, or overlay district reviews. Building work remains subject to the California Building Standards Code. For ADU-specific relief, see California ADU law.

Checklist

Confirm parcel is in the unincorporated areas of Madera County and identify its base zone and any overlays (§ 18.08.010).
Determine if a built-in exception or administrative adjustment applies before pursuing a variance (e.g., § 18.98.020, § 18.98.070(A), §§ 18.98.110–.120).
If still necessary, prepare a complete variance application with plans, photos, and a findings statement addressing § 18.106.040(A)–(E).
Pay the required fee; verify if it is a structure location variance (administrator, no hearing) or other variance (hearing) (§ 18.106.030).
Anticipate conditions; the County may require site/operations, landscaping, circulation and mitigation measures (§§ 18.104.040–.050).
Track notice, decision, and appeal windows (10‑day notice; day‑16 effective; 15‑day appeal) (§§ 18.108.060–.080).
If denied, evaluate whether one-year reapplication bar applies or whether substantial changes allow an earlier refile (§§ 18.108.200–.210).

Risks & Ambiguities

Issue	Why it matters	What to verify
“Variance per Chapter 18.106” vs “per Chapter 18.108” language in special-use chapters	Some older chapters reference 18.108 for variances while most variance criteria are in 18.106	Which chapter the County applies today to the specific facility type (e.g., travel trailer parks vs. mobile home parks). §§ 18.94.110; 18.94.075(A),(B)
SRA fire-safe “exceptions”	Fire department may grant fire-safe exceptions, but zoning administrator processes zoning exceptions via Chapter 18.106	Whether your parcel is in SRA and what documentation the fire department requires. § 18.98.070(D)
Airport/Airspace overlay limits	AAO can cap heights even where a general 10‑ft height increase is allowed	Whether the parcel is in AAO and which AAO surface applies. §§ 18.78.020–.030; 18.98.120
Using by-right exceptions before seeking a variance	Can avoid cost and time of a variance	Whether setback averaging or encroachments resolve the constraint. § 18.98.020(A)–(D)
Administrative vs. hearing variance	Structure location variances can be decided by the zoning administrator without a hearing	Whether your request qualifies as a “structure location variance.” § 18.106.030

Plain-English Summary

If you’re building in unincorporated Madera County and can’t meet a rule like a setback, first check the built‑in exceptions (averaging, small encroachments, narrow-lot reductions). If those don’t solve it, you’ll need a variance—and you must prove the ordinance’s five findings. Some siting variances can be decided by staff without a hearing; others go to the Planning Commission with public notice and appeal rights.

Source References

Title 18 – Zoning (short title; districts established; administrative framework). §§ 18.02.010; 18.08.010; 18.06.010
Variances: purpose, application, fees, required findings, and actions. §§ 18.106.010–.050
Hearing, notice, decision timing, appeals, recording, revocation, reapplication. §§ 18.108.010–.080; 18.108.100; 18.108.200–.210
Structure/location, height, lot/open space regulations and exceptions. §§ 18.98.020; 18.98.070; 18.98.110–.120; 18.100.010(E),(G)
Residential development standards table. § 18.11.120
Agricultural district purposes and standards. §§ 18.54.010; 18.56.010; 18.58.010; 18.53.030
Airport/Airspace Overlay. §§ 18.76.010–.040; 18.78.010–.030
Density bonus waivers. § 18.114.080
Special facility chapters referencing variances. §§ 18.94.110; 18.94.075(A),(B)

Sources

Retrieved passages

Madera County Zoning Code (§ 1) High relevance
Madera County Zoning Code (§ 1) High relevance
Madera County Zoning Code (Section 1276.01) Medium relevance
Madera County Zoning Code (Section 50052.5) Medium relevance
Madera County Zoning Code (Section 1276.01) Medium relevance
Madera County Zoning Code (§ 18) Medium relevance
Madera County Zoning Code (§ 1) Medium relevance
Madera County Zoning Code (§ 22) Medium relevance
Madera County Zoning Code (Chapter 18.106) Medium relevance
Madera County Zoning Code (Chapter 18.108) Medium relevance
Madera County Zoning Code (Chapter 18.108) Medium relevance
Madera County Zoning Code (Chapter 18.106.) Medium relevance
CBC § 1 (§ 1) Medium relevance
Madera County Zoning Code (Section 13.12.070) Medium relevance
Madera County Zoning Code (§ 1) Medium relevance
Madera County Zoning Code (Section 18.108.130.) Medium relevance
Madera County Zoning Code (Section 13.12.070) Medium relevance
Madera County Zoning Code (Chapter 18.104.) Medium relevance
Madera County Zoning Code (Section 18.108.050) Medium relevance
Madera County Zoning Code (Section 13.12.070) Medium relevance
Madera County Zoning Code (§ 1) Medium relevance

Cited sections

Official Madera County code library

Frequently asked questions

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

You must show exceptional property conditions; that the variance is necessary to preserve substantial property rights; that it won’t harm public health/safety/welfare; that it’s not a special privilege; and that strict application would deprive the property of privileges enjoyed by similarly zoned parcels. These track § 18.106.040(A)–(E).

Can staff approve my variance without a hearing?

Yes—if it’s a “structure location variance,” the zoning administrator may approve it without a public hearing. Other variance types go to the zoning agency for a hearing. Both require fees per the Board’s schedule (§ 18.106.030).

Are there any setback exceptions I can use without a variance?

Yes. The code allows front setback averaging on built-out blocks, certain side additions to match an existing nonconforming wall (no front additions), and limited encroachments for eaves, chimneys, bay windows, and mechanical equipment. See § 18.98.020(A)–(D).

How do height exceptions work with the Airport/Airspace Overlay?

Appurtenances like chimneys and some towers may exceed district height with administrator approval. A general increase up to 10 feet is also possible if setbacks/offsets are increased 1:1. However, neither may exceed the AAO surfaces’ height limits (§§ 18.98.110–.120; 18.78.030).

What’s the process timeline and my appeal rights?

Hearing notices go out at least 10 days before the hearing. A decision issues within 5 days and becomes effective on day 16. Appeals must be filed within 15 days. Appeals go to the Planning Commission and then the Board (§§ 18.108.060–.080; 18.108.110–.120).

How do density bonus waivers relate to variances?

They’re different. Under § 18.114.080, a qualifying housing project may request waivers or reductions of development standards that preclude construction. There’s no cap on waivers, and they are processed under the density bonus chapter—not as variances.

What if my lot is smaller than current zoning requires?

Recorded substandard lots can still be used for permitted purposes, but any reduction of setbacks/open space below district minimums requires written approval from the zoning administrator (§ 18.100.010(E)).

Can I reapply if my variance is denied?

You generally must wait one year, unless you can show substantially changed facts or that a public agency’s acts directly and substantially affected the basis of your application (§§ 18.108.200–.210).

Do I need other reviews besides a variance?

Possibly. Depending on your project, overlay district rules, parking standards, or design review may also apply. Variances don’t waive those requirements.

Are nonconforming uses handled through variances?

No. Nonconforming uses are addressed separately; in some cases they may obtain conditional use status through a hearing process, not a variance (§ 18.86.050). See Nonconforming Uses.

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