Local zoning · Marin County

Marin County — Variances and Exceptions

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

Last reviewed: July 6, 2026

Overview

In unincorporated areas of Marin County, “variances” and certain “exceptions” are tightly constrained by the County’s own ordinances. Two code frameworks apply, depending on location: the inland Marin County Development Code (Title 22) and the Coastal Zoning Code (Title 20) for parcels in the Local Coastal Program (LCP) area. Most variance activity that is clearly defined in retrieved materials is within the Coastal Zone; coastal variances are narrow and may only address height, floor area ratio (FAR), and yard setbacks, not use or density. See the coastal variance rules in § 20.70.150 .

Bottom line: In Marin’s coastal unincorporated areas, a variance can adjust only height, FAR, or yard setbacks—and only when strict code application creates a unique, property-specific hardship and the relief won’t grant a special privilege. See § 20.70.150 .

Before you pursue a variance, check base zoning, any zoning overlays, applicable development standards, potential design review, and site-specific coastal rules. Some setback “exceptions” (e.g., minor projections) may eliminate the need for a variance under coastal property development standards in § 20.64.045 .

What counts as a “Variance” (Coastal Zone; Title 20)

Scope of relief. A coastal variance may only relax standards for height, FAR, and yard setbacks. It cannot waive use limits, minimum lot size, density, or any other LCP requirements per § 20.70.150.B.2 .
Required findings. The review authority may approve only if all findings are made: (1) unique property circumstances; (2) relief limited to height/FAR/setbacks; (3) no special privilege; (4) no detriment to public interest. See § 20.70.150.B.1–4 .
Process and noticing. File with the County consistent with coastal permitting intake; the Director or same review authority that decides the Coastal Development Permit (CDP) acts on the variance; public notice is required per coastal notice provisions. See § 20.70.150.A.1–4 (cross-references § 20.70.030, § 20.70.050) .
CDP interplay. Most coastal projects also require CDP findings (e.g., access, biological resources, hazards) in § 20.70.070; a variance does not substitute for those policy-based CDP findings .

Exceptions and adjustment tools besides a Variance

Setback and height exceptions embedded in coastal standards. Coastal property development standards list built‑in “exceptions” or allowances (e.g., permitted projections into setbacks, measurement rules, limited height exceptions) in § 20.64.045. For example, permitted features like chimneys, porches, and certain decks may project into setbacks per Table 3‑1 (allowed projections) without a variance, when conditions are met . Height measurement and certain exceptions are also addressed in § 20.64.045 and related notes .
De Minimis CDP Waiver. Some minor coastal projects may qualify for a De Minimis Waiver of the CDP if the Director finds no potential coastal resource impacts, LCP consistency, and other criteria in § 20.68.070 (with required public notice and Board of Supervisors review/concurrence) . This is a permit-processing “exception,” not a variance from standards.
Appeals risk in the Coastal Zone. Projects in mapped “appealable” coastal areas face potential appeal of the County’s coastal action to the Coastal Commission; see the definition of “Appealable Development” in Chapter 20.130 (Definitions) .

Related topics you’ll likely need to cross-check: Marin County Land Use, Overlay Districts, Parking, Historic Preservation, Signage, Landscaping and Screening, and for non-variance matters such as ADUs or state mandates, see California ADU law and California housing laws. A zoning variance never waives the California Building Standards Code.

District-by-District Guidance (Coastal examples where variance/exception issues recur)

Below are coastal districts and community standards that frequently intersect with height/setback variances or built-in exceptions. All apply only in unincorporated areas.

Coastal-B Combining District (B1–B6; BD where mapped)

Purpose: Not found in retrieved materials. Table 5‑5 provides development standards for mapped “B” combining areas in the Coastal Zone.
Typical permitted uses: Not found in retrieved materials.
Key dimensional standards: Table 5‑5 lists minimum lot areas, setbacks, maximum height (primary/accessory), and maximum FAR by B1–B6 classification. Notes point to coastal height/setback exception rules in § 20.64.045. In Stinson Beach Highlands, the primary building height limit is 17 ft (not 25 ft), and single‑family homes over 25 ft require a variance under § 20.70.150 in addition to a CDP .
Where it applies: Where the official zoning map overlays the parcel with a Coastal‑B combining district (e.g., see BD note referencing Dillon Beach standards). Verify with the jurisdiction.

C‑RSPS (Seadrift Subdivision)

Purpose: Provide site planning with careful consideration of sensitive site characteristics (§ 20.65.070.A) .
Typical permitted uses: Not found in retrieved materials.
Key dimensional standards:
- Ocean-front building line: No development seaward of the mapped setback line for specified Seadrift Subdivisions (§ 20.65.070.C) .
- Height is tied to NAVD finished floor elevation caps; total structure height is limited, with FEMA-driven floor elevation interactions spelled out (§ 20.65.070.D) .
Where it applies: Parcels within the Seadrift Subdivision (Stinson Beach) mapped as C‑RSPS. Verify with the jurisdiction.

C‑R‑1:B‑D (Dillon Beach)

Purpose: Maintain the existing residential and small-scale commercial character in Dillon Beach and Oceana Marin per community standards (§ 20.66.110.A) .
Typical permitted uses: Not found in retrieved materials.
Key dimensional standards (C‑R‑1:B‑D area):
- Minimum lot area: 1,750 sq ft per single-family dwelling (for new land divisions).
- Setbacks: Front 10 ft; sides 5 ft (10 ft street side); rear 10 ft.
- Maximum height: 20 ft.
- FAR: Exempt from FAR limitation. See § 20.66.110.B.1–4 .
Where it applies: Specified Dillon Beach areas governed by the C‑R‑1:B‑D district. Verify with the jurisdiction.

Variance and Exception Quick Reference

Decision point	What Marin allows	What Marin does not allow	Code Reference
Coastal Zone Variance scope	Relief from standards for height, FAR, yard setbacks	No relief from use limits, minimum lot size, density, or any other LCP requirements	§ 20.70.150.A–B
Required variance findings	Unique property circumstances; no special privilege; no detriment; relief limited to height/FAR/setbacks	N/A	§ 20.70.150.B.1–4
Who decides	Director or same authority as the CDP for the project	N/A	§ 20.70.150.A.3
Public notice	Notice per coastal notice rules	N/A	§ 20.70.150.A.4 (cross-ref § 20.70.050)
Built-in setback exceptions	Allowed projections (e.g., chimneys, porches, some decks) and special front/side placement for steep-lot parking structures	N/A	Coastal property development standards in § 20.64.045; see Table 3‑1 examples
De Minimis CDP Waiver	Possible for minor projects with no coastal resource impacts, with notice and Board concurrence	Not available where CCC appeal jurisdiction or impacts exist	§ 20.68.070.A–G
Area-specific constraint (example)	Stinson Beach Highlands: primary height limit 17 ft; >25 ft height requires a variance (plus CDP)	N/A	Table 5‑5 notes; § 20.64.045(3); § 20.70.150

Process and Findings (Coastal Zone)

Application. Submit through coastal permit intake; the applicant must provide evidence supporting the required variance findings per § 20.70.150.A.1 .
Review authority. The Director or the same authority that issues the CDP decides the variance per § 20.70.150.A.3 .
Notice. Administrative decisions and any hearing on a variance must be noticed per § 20.70.150.A.4 (cross‑ref § 20.70.050) .
CDP findings. Many coastal projects require independent CDP findings across resource topics in § 20.70.070 (public access, biological resources, hazards, design, etc.)—a variance does not avoid these .
Nonconformities. Expansion/intensification of nonconforming uses is restricted; nonconforming status and evidence are addressed in § 20.70.160. A variance cannot legalize a prohibited use; see the coastal variance limits in § 20.70.150.B.2 and nonconforming rules in § 20.70.160 .

Checklist

Confirm whether the parcel is in the Coastal Zone (Title 20) or inland (Title 22) Marin County zoning & planning overview.
In the Coastal Zone, verify your request only affects height, FAR, or yard setbacks (not use, minimum lot size, density, or other LCP standards) per § 20.70.150.B.2 .
Build a findings memo establishing unique, property-specific circumstances; no special privilege; and no public detriment per § 20.70.150.B.1–4 .
Check for built-in exceptions (e.g., setback projections, steep-lot parking structures) under § 20.64.045—these may eliminate the need for a variance .
Confirm whether a CDP is required and whether a De Minimis CDP Waiver under § 20.68.070 could apply to the project scope .
Identify applicable community or combining district standards (e.g., Coastal‑B, C‑RSPS, C‑R‑1:B‑D) and any special height/lot rules .
Anticipate coastal appeal exposure if the project is in an “appealable” area as defined in Chapter 20.130 (Definitions) .
Coordinate with Design Review and Overlay Districts early if they apply.

Risks & Ambiguities

Issue	Why it matters	What to verify
Requesting a variance for use or density	Coastal variances cannot waive use, minimum lot size, density, or other LCP requirements	Confirm the relief is limited to height/FAR/setbacks per § 20.70.150.B.2; otherwise, redesign or pursue a different entitlement
Over‑height design in Stinson Beach Highlands	Area‑specific height limit is only 17 ft; exceeding 25 ft triggers a variance	Confirm mapped location and apply Table 5‑5 notes + § 20.64.045(3) and § 20.70.150
Using a variance when an exception exists	Some setback intrusions are already allowed (e.g., porches, decks)	Use the coastal “allowed projections” table under § 20.64.045 before seeking a variance
CDP appeals to CCC	Even a County approval can be appealed	Check “Appealable Development” criteria in Chapter 20.130 and plan schedule/risk accordingly
Nonconforming use changes	Variances won’t legalize a nonconforming use	Confirm status and limits under § 20.70.160 and scope your project accordingly
Inland (Title 22) variance standards	Inland variance procedures may differ	Not found in retrieved materials. Verify with the jurisdiction

Plain-English Summary

If your unincorporated coastal property needs a little flexibility on height, FAR, or a setback, Marin may grant a variance—but only if your lot has unique constraints and the adjustment won’t create a special favor compared to neighbors. Often you can avoid a variance by using built‑in exceptions (like modest porch or deck projections) or, for really minor projects, a De Minimis coastal waiver. Everything else—use, density, and LCP resource protections—can’t be waived through a variance, and you’ll still need to clear coastal findings and any required design review.

Information Gaps

Inland (Title 22) variance/exception procedures and findings: Not found in retrieved materials.
Typical permitted uses for Coastal‑B, C‑RSPS, and C‑R‑1:B‑D: Not found in retrieved materials.
Full text of § 20.70.050 (Public Notice): Not found in retrieved materials.

Source References

Marin County Coastal Zone Variances — § 20.70.150
Coastal Development Permit required findings — § 20.70.070
Coastal property development standards (height, setbacks, and exceptions) — § 20.64.045; Table 3‑1 examples of allowed projections
Coastal De Minimis CDP Waiver — § 20.68.070
Coastal “Appealable Development” definition — Chapter 20.130 (Definitions)
Coastal‑B Combining District development standards (Table 5‑5) — Notes referencing § 20.64.045 and § 20.70.150
C‑RSPS (Seadrift) standards — § 20.65.070
C‑R‑1:B‑D (Dillon Beach) community standards — § 20.66.110
Coastal nonconforming uses/structures — § 20.70.160

Sources

Retrieved passages

Marin County Zoning Code (Section provides) High relevance
Marin County Zoning Code (Section 20.70.050) Medium relevance
Marin County Zoning Code (Section 20.70.040) Medium relevance
Marin County Zoning Code (Section 20.70.070) Medium relevance
Marin County Zoning Code (Chapter 20.130) Medium relevance
Marin County Zoning Code (Section 20.70.030.B.6) Medium relevance
Marin County Zoning Code (§ III) Medium relevance
CBC § G107 (SECTION G107) Medium relevance
Marin County Zoning Code (Section 20.70.040) Medium relevance
Marin County Zoning Code (Section 22.82.050) Medium relevance
Marin County Zoning Code (title to) Medium relevance
Marin County Zoning Code (§ III) Medium relevance
Marin County Zoning Code (Section 22.82.050) Medium relevance

Cited sections

Marin County Coastal Zone Variances — **§ 20.70.150** (§ 20.70.150)
Coastal Development Permit required findings — **§ 20.70.070** (§ 20.70.070)
Coastal property development standards (height, setbacks, and exceptions) — **§ 20.64.045**; Table 3‑1 examples of allowed projections (§ 20.64.045)
Coastal De Minimis CDP Waiver — **§ 20.68.070** (§ 20.68.070)
Coastal “Appealable Development” definition — Chapter 20.130 (Definitions) (Chapter 20.130)
Coastal‑B Combining District development standards (Table 5‑5) — Notes referencing **§ 20.64.045** and **§ 20.70.150** (§ 20.64.045)
C‑RSPS (Seadrift) standards — **§ 20.65.070** (§ 20.65.070)
C‑R‑1:B‑D (Dillon Beach) community standards — **§ 20.66.110** (§ 20.66.110)
Coastal nonconforming uses/structures — **§ 20.70.160** (§ 20.70.160)
MarinCounty_ZoningCode.md

Official Marin County code library

Frequently asked questions

Can I get a variance to increase height for a coastal home in unincorporated Marin?

Possibly—only if you prove unique property circumstances (like topography) and the increase won’t be a special privilege or harm the public. Coastal variances can adjust height, FAR, or setbacks, but nothing else, and they require specific findings in § 20.70.150.B.1–4 .

Are there built‑in exceptions so I don’t need a setback variance?

Yes. The coastal code allows certain projections (e.g., porches, decks, chimneys) to intrude into setbacks, and special placement for steep‑lot parking structures, under § 20.64.045 (see Table 3‑1). These can avoid a variance if your design meets the conditions .

What if my project is minor—can I skip the Coastal Development Permit?

Some small projects may qualify for a De Minimis CDP Waiver if there’s no potential coastal resource impact, the project is LCP‑consistent, and noticing/Board review occurs, per § 20.68.070. If the Coastal Commission’s Executive Director objects, a full CDP is required .

Can I use a variance to allow a new use or increase density on a coastal parcel?

No. Coastal variances cannot waive use restrictions, minimum lot size, density, or other LCP requirements, per § 20.70.150.B.2 .

I’m in Stinson Beach Highlands—why is my allowed height lower?

The Stinson Beach Highlands has a primary height cap of 17 ft (not 25 ft). Any single‑family dwelling over 25 ft requires a variance in addition to a CDP, per Table 5‑5 notes referencing § 20.64.045(3) and § 20.70.150 .

Who decides a coastal variance, and is there a hearing?

The Director or the same authority handling your CDP decides the variance. Administrative decisions and/or hearings must be noticed under coastal notice rules. See § 20.70.150.A.3–4 (cross‑ref § 20.70.050) .

What if my property is in an “appealable” coastal area?

If your CDP is in an appealable area, the County’s decision may be appealed to the Coastal Commission. See “Appealable Development” in Chapter 20.130 (Definitions) to gauge risk and timelines .

Can a variance fix a nonconforming use or structure in the Coastal Zone?

No. Nonconforming uses/structures are addressed separately and generally cannot be expanded. A variance doesn’t legalize prohibited uses; see § 20.70.160 along with the limits in § 20.70.150.B.2 .

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