McFarland — Variances and Exceptions

Last reviewed: July 6, 2026

Overview

McFarland’s zoning relief tools are concentrated in Title 17 Zoning. The core pathway is a discretionary variance under § 17.148.020, supported by a narrowly tailored “zone modification” authority that functions like a minor exception to specific dimensional and fence standards under § 17.148.120. A separate, purpose‑built “exception” exists only for wireless facilities in § 17.139.102. Processing, hearings, and appeals for these actions follow the City’s discretionary permit procedures in Chapter 17.160.

The Planning Commission may grant a variance only if it will not be a special privilege and if special property circumstances make strict application of the code deprive the site of privileges enjoyed by other, identically zoned properties. See § 17.148.020.

Linking context: Most requests arise from base McFarland Zoning districts and objective McFarland Development Standards. Relief requests can implicate McFarland Parking, McFarland Design Review, McFarland Overlay Districts, McFarland Nonconforming Uses, and sometimes McFarland ADUs. Building‑code issues run separately under the California Building Standards Code.

What “Variance,” “Modification,” and “Exception” mean in McFarland

• Variance (citywide). Discretionary relief from any provision of Title 17 when: (1) approval will not grant a special privilege; and (2) special circumstances of the property (size, shape, topography, location, surroundings) mean strict application would deprive privileges enjoyed by similar properties in the same zone. Decisions are administrative acts to apply the code’s intent, not to amend it. See § 17.148.020(A)–(B).
• Zone modification (minor “exception”). The Planning Commission, acting as the modification committee, may reduce required setbacks, yards, or lot area by up to 25%, and may modify fence/wall/hedge rules, to secure appropriate improvements, avoid unreasonable hardship, or promote uniformity. Decisions are appealable to the City Council; no hearing is required if all abutting and directly opposite owners consent in writing. See § 17.148.110–§ 17.148.130.
• Wireless exception (Chapter 17.139 only). A reviewing authority may grant an “exception” for wireless facilities if denial would violate state or federal law, or if applying a local provision would deprive the applicant of rights under those laws. Requests must be made with the initial application, and a CUP is required when an exception is requested. See § 17.139.102(A)–(C).

Process, Hearings, Appeals, and Lapse

• Application contents. Variance applications must include a plot plan showing all existing/proposed buildings and a citation to the code provision from which relief is sought. See § 17.148.030.
• Filing and fees. Applications are filed with the Planning Commission on prescribed forms; fees are set by section and may be modified by Council resolution. See § 17.148.050–§ 17.148.060(F).
• Investigation and notice. Staff/commission investigate; hearing notice generally publishes and mails to owners within 300 ft at least 10 days before hearing. See § 17.148.070–§ 17.148.080.
• Hearing and decision. Hearings are before the Planning Commission; a decision issues within 35 days after the close of hearing and is recorded by resolution with findings. See § 17.148.090–§ 17.148.100(A)–(B).
• Appeals. Under Chapter 17.148, any aggrieved party may appeal to Council within the later of 15 days after the Commission’s decision or 10 days after mailing notices; under Chapter 17.160, appeals of Planning Commission discretionary decisions are due within 10 calendar days. See § 17.148.100(1)(b) and § 17.160.030(D) (timing difference—verify with the City).
• Use it or lose it. If a variance/modification/CUP is unused, abandoned, discontinued, or conditions are unmet for 6 months, the approval becomes null and void unless an extension is granted. See § 17.148.100(1)(d).
• Who decides. Variances and zone modifications are decided by the Planning Commission; the City Council decides them when bundled with a zone change or tentative map. See § 17.160.030(A) and § 17.160.040(E).
• Revocation and legal challenge. Any permit/variance/modification may be modified or revoked if conditions are violated or nuisances arise; court challenges must be filed within 30 days of decision. See § 17.160.050 and § 17.160.060.

Oil and Gas: Special Interplay with Variances

• In M-3, A-2, and A-1, drilling is allowed without a local permit (subject to state and fire/safety laws and a 100‑ft consent buffer from an existing residence). A variance may be granted to provisions of the oil chapter per Chapter 17.148. See § 17.140.020–§ 17.140.030.
• In residential and commercial districts (R‑1, R‑2, R‑3, R‑4, R‑S, E, E‑1 through E‑7, C‑O, C‑1, C‑2), drilling requires a CUP processed using the variance procedures for filing, investigation, notice, hearing, findings, and appeal. The Commission may waive a public hearing if all surface owners within 300 ft consent. See § 17.140.040.

Decision-Relevant Standards and Who Decides

District-by-District implications for Variances and Exceptions

The variance criteria apply citywide. Below are the district‑specific touchpoints where McFarland’s code explicitly interfaces with variances, zone modifications, or exceptions.

R-1 (One-Family Dwelling)

• Purpose/typical uses: Permitted uses include one-family dwellings; additional uses are listed in § 17.12.020 (Not all retrieved).
• Key dimensional standards: Not found in retrieved materials.
• Relief most often sought: Fence/wall height/location (front–yard 4 ft cap in R districts) and minor setback/lot‑area adjustments via modification (max 25%). See § 17.136.180(A)–(B) and § 17.148.120(A).
• Where it applies: Citywide R-1 parcels; verify specific lot conditions with McFarland Zoning.

R-2, R-3, R-4, R-S and E/E‑1…E‑7 (Residential/ Estate)

• Purpose/typical uses: Not found in retrieved materials.
• Key dimensional standards: Fence/wall rules mirror R‑1 (rear/side 6 ft, front 4 ft; barbed wire prohibited). See § 17.136.180(A)–(D).
• Relief most often sought: Minor setback or lot‑area reductions (up to 25%) and fence/wall modifications under § 17.148.120.
• Oil & gas: In these districts, any drilling requires a CUP under procedures that reference the variance chapter; hearing may be waived with unanimous 300‑ft consent. See § 17.140.040.

C‑O (Professional Office)

• Typical uses: Professional offices (parking requirement equals floor area). See § 17.72.100.
• Key dimensional standards: Front setback measured from road centerline (45–55 ft depending on street type); no side yard; 20 ft rear yard (may be reduced by variance with Kern County Fire Chief’s written approval). See § 17.72.050–§ 17.72.070.
• Relief most often sought: Rear‑yard reductions (requires fire approval); minor setback modifications up to 25% under § 17.148.120(A); parking relief would need a full variance with required findings.

C‑1 (Neighborhood Commercial)

• Purpose/typical uses: Includes many neighborhood‑serving commercial uses; the district’s permitted list is in § 17.76.020 (e.g., bed & breakfast, health club; list partial in retrieved text).
• Key dimensional standards: Not found in retrieved materials.
• Relief most often sought: Signage and site‑design items interface with McFarland Design Review; minor dimensional relief via § 17.148.120(A); full variances under § 17.148.020 as needed.

C‑2 (Commercial)

• Purpose/typical uses: Not found in retrieved materials (note: dwellings in C‑2 must meet R‑4 standards per § 17.72.080).
• Key dimensional standards: Not comprehensively retrieved; see C‑O yard/parking cross‑references in Title 17.
• Relief most often sought: Setbacks, parking, and screening—tie to McFarland Development Standards and McFarland Parking; use § 17.148.020 or § 17.148.120(A) as applicable.

CH (Highway Commercial)

• Purpose/typical uses: Highway‑oriented commercial (uses listed elsewhere in Ch. 17.82).
• Key dimensional standards: 7,500 sq ft min lot area; 70 ft front setback; 20 ft rear yard; no side yard unless adjacent to residential (20 ft); 65 ft max height. See § 17.82.050–§ 17.82.090.
• Relief most often sought: Minor reductions (≤25%) potentially via § 17.148.120(A); larger changes require a variance with findings under § 17.148.020.

M‑1 (Limited Manufacturing)

• Typical uses: Broad light‑industrial and commercial uses are allowed (e.g., manufacturing, warehouses, animal hospitals). See § 17.84.020.
• Key dimensional standards: Not found in retrieved materials.
• Relief most often sought: Screening, fencing, and yard adjustments through § 17.148.120(B) and § 17.148.120(A); full variance for anything beyond the 25% cap.

M‑3 (General Manufacturing) and A‑1/A‑2 (Agriculture)

• Oil & gas: Drilling permitted by right in M‑3, A‑1, A‑2, with the 100‑ft consent buffer from an existing residence; a variance may be granted to the oil chapter’s provisions per Chapter 17.148. See § 17.140.020–§ 17.140.030.
• Other standards: Not found in retrieved materials.

Overlays that can affect relief decisions

• D Architectural Design Zone. Applies near civic centers/parks/public buildings; Planning Commission reviews design compatibility. Overlay‑specific variance criteria not provided. See § 17.108.040.
• H Airport Approach Height Zone. Imposes height controls tied to federal obstruction standards; always allows buildings up to 35 ft. Variance pathway not specified in overlay. See § 17.112.030.

Special topics that limit or shape relief

• ADUs/JADUs are ministerial and generally not subject to discretionary variances; the code explicitly provides ministerial review timelines notwithstanding variance statutes. See § 17.136.150.020(B) and JADU ministerial language in § 17.136.160(C) (JADU chapter numbering in retrieved text).
• Wireless facilities require CUPs by district; exceptions must meet the strict test in § 17.139.102, and some installations are processed ministerially under federal/state preemptions. See § 17.139.040 and § 17.139.102.

Checklist

• Confirm your site’s base district and any overlays on the McFarland Zoning map.
• Identify the exact Title 17 provision to vary/modify and why strict compliance is infeasible on this parcel. Cite it in your application per § 17.148.030(B).
• Prepare a complete plot plan with existing/proposed structures per § 17.148.030(A).
• Decide the correct relief: full variance (§ 17.148.020) vs. zone modification (≤25% for setbacks/lot area; fences/walls/hedges) (§ 17.148.120).
• Pay applicable fees (note: Council may adjust by resolution) per § 17.148.060(F).
• Plan for public hearing and noticing per § 17.148.080–.090 (or secure neighbor consent to waive hearing for modifications per § 17.148.130).
• Build findings evidence: no special privilege; special circumstances; any overlay‑specific issues; consistency with McFarland Development Standards.
• Calendar appeal windows (see timing discrepancy between § 17.148.100(1)(b) and § 17.160.030(D)—Verify with the jurisdiction).
• Use the approval within 6 months or seek an extension, or it lapses under § 17.148.100(1)(d).

Risks & Ambiguities

Plain-English Summary

If you need flexibility from McFarland’s zoning rules, you either ask for a full variance (prove no special privilege and unique site hardship) or a smaller “zone modification” for limited reductions to setbacks/lot size or fence rules. Wireless sites have a separate, narrow “exception” path when denial would violate higher law. Expect a noticed hearing, clear findings, and short appeal windows; if you don’t use the approval within six months, it can expire.

Source References

• Variances, modifications, and zone changes: § 17.148.010–§ 17.148.130 (application contents, fees, noticing, hearings, findings, appeals, lapse, modification authority/procedure)
• Discretionary permit procedures, appeals, revocation, legal challenge window: § 17.160.030–§ 17.160.060
• Wireless facilities—permits and exceptions: § 17.139.040, § 17.139.102
• Oil and gas (district‑specific interplay with variances/CUP): § 17.140.020–§ 17.140.040
• Selected district standards/uses cited: R‑1 uses § 17.12.020; C‑O yards/parking § 17.72.050–§ 17.72.100; C‑1 uses § 17.76.020; CH standards § 17.82.050–§ 17.82.090; M‑1 uses § 17.84.020; Residential fence standards § 17.136.180.

Information Gaps

• Detailed purpose statements and dimensional standards for several base districts (e.g., R‑2, R‑3, R‑4, C‑2, M‑2/M‑3, A‑1/A‑2 beyond oil provisions): Not found in retrieved materials.
• Full permitted‑use lists for some districts (only partial lists retrieved): Not found in retrieved materials.
• Whether overlay zones (e.g., D, H) include explicit variance/exception pathways beyond base Title 17 tools: Not found in retrieved materials.

Retrieved passages

• McFarland Zoning Code (section shall) High relevance show source text
• McFarland Zoning Code (§ 2) High relevance show source text
• McFarland Zoning Code (§ 2) High relevance show source text
• McFarland Zoning Code (§ 1) Medium relevance show source text
• McFarland Zoning Code (§ 34.09) Medium relevance show source text
• McFarland Zoning Code (chapter according) Medium relevance show source text
• McFarland Zoning Code (chapter and) Medium relevance show source text
• McFarland Zoning Code (chapter for) Medium relevance show source text
• McFarland Zoning Code (§ 34.09) Medium relevance show source text
• McFarland Zoning Code (§ 34.11) Medium relevance show source text
• McFarland Zoning Code (§ 1) Medium relevance show source text
• McFarland Zoning Code (Chapter 17.146) Medium relevance show source text
• McFarland Zoning Code (chapter is) Medium relevance show source text
• McFarland Zoning Code (chapter shall) Medium relevance show source text

Cited sections

• Variances, modifications, and zone changes: **§ 17.148.010–§ 17.148.130** (application contents, fees, noticing, hearings, findings, appeals, lapse, modification authority/procedure) (§ 17.148.010)
• Discretionary permit procedures, appeals, revocation, legal challenge window: **§ 17.160.030–§ 17.160.060** (§ 17.160.030)
• Wireless facilities—permits and exceptions: **§ 17.139.040**, **§ 17.139.102** (§ 17.139.040)
• Oil and gas (district‑specific interplay with variances/CUP): **§ 17.140.020–§ 17.140.040** (§ 17.140.020)
• Selected district standards/uses cited: **R‑1** uses **§ 17.12.020**; **C‑O** yards/parking **§ 17.72.050–§ 17.72.100**; **C‑1** uses **§ 17.76.020**; **CH** standards **§ 17.82.050–§ 17.82.090**; **M‑1** uses **§ 17.84.020**; Residential fence standards **§ 17.136.180**. (§ 17.12.020)
• McFarland_ZoningCode.md

• Official McFarland code library