Local zoning · Mountain View

Mountain View — Variances and Exceptions

Q: What kinds of changes can I request a variance for in Mountain View?

You can request a variance only for dimensional development standards (setbacks, building coverage, parcel dimensions, heights, distances between structures, landscape/paving requirements) and sign regulations ; variances cannot change permitted uses, nonresidential FAR specific to a zone, or residential density. See § 36.46.45 .

Variances and Exceptions under the Mountain View local zoning and planning code, with the controlling citations.

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Last reviewed: July 3, 2026

Overview

This page explains how the City of Mountain View handles variances and exceptions under the local zoning ordinance (commonly organized around Chapter 36). It synthesizes what kinds of deviations from development standards the city may grant, the required findings and procedure, and how those rules intersect with district standards (e.g., R1, R2, CN, CRA). For related procedural topics, see Mountain View’s pages on development standards, design review, and parking.

What the code says (core rules)

The ordinance establishes a specific Division for variances. Variances are an allowed tool to grant relief from development standards when extraordinary circumstances apply to a property; the authority is expressly limited so it cannot be used to change allowed uses or density. See § 36.46.35 and § 36.46.45 for scope and limits.
The zoning administrator holds a public hearing on a variance application and issues a written decision and findings that must satisfy California law. Appeals of the zoning administrator's decision go to the city council. See § 36.46.55 and § 36.56.50.
Applicants must document the extraordinary circumstances and the specific deviations requested. See § 36.46.50.
The required findings to approve a variance are six (special circumstances; preservation of substantial property rights; no detriment to public health/safety/welfare; no special privilege; consistency with the general plan; CEQA compliance). These are listed in § 36.46.60.
A variance runs with the land upon change of ownership so long as the new owner agrees to conditions in writing; see § 36.46.65.
The ordinance separately provides for limited exceptions (for example in some planned community contexts or other narrow standards) and fee adjustments/waivers under discrete provisions (see Article references below). Not every possible “adjustment” is a variance; see project-specific sections and the planned community provisions. Not found in retrieved materials for a single consolidated “exception” article beyond those localized rules.

Decision‑relevant table — what a variance can (and cannot) change

What the variance may affect / topic	Summary (decision-relevant)	Code Reference
Allowed scope (what can be waived)	Variances may be granted only for dimensional standards (setbacks, building coverage, heights, parcel area, distance between structures, landscape/paving requirements, parcel dimensions) and sign regulations. They may not change allowed uses, nonresidential FAR specific to a zone, or residential density.	§ 36.46.45
Applicant documentation	Must supply written/graphical documentation of the property’s extraordinary circumstances and the proposed variations.	§ 36.46.50
Hearing & decision maker	Zoning Administrator holds a noticed public hearing; decision is written with findings; appealable to City Council.	§ 36.46.55; § 36.56.50
Findings required	All six findings (special circumstances; preservation of rights; no detriment; no special privilege; consistency with General Plan; CEQA compliance).	§ 36.46.60
Transferability	A variance generally continues after ownership transfer if new owner accepts conditions in writing.	§ 36.46.65

District‑by‑district breakdown (what matters when you apply for a variance)

Below are Mountain View zoning districts that most frequently interact with variance requests. Each subsection gives the ordinance-stated purpose, typical uses, key dimensional standards (as available in the retrieved ordinance excerpts), and where that district typically applies. If the ordinance excerpts did not provide a particular number, the text flags that as "Not found in retrieved materials."

All district names and numeric standards below are emphasized as required by the code excerpts.

R1 (single‑family residential)

Purpose / typical uses: Intended for single-family residential development; referenced as the R1 district in the code.
Key dimensional standards: The ordinance ties other districts’ setback/adjacency rules to R1 (for example, side/rear setback requirements adjacent to R1). Exact R1 minimum front setback, lot area, lot coverage and height numbers are Not found in retrieved materials. Verify with the jurisdiction.
Where it applies: Citywide single-family neighborhoods; used as the baseline when evaluating impacts to adjacent lots in other zones.

R2 (one‑ and two‑family residential)

Purpose / typical uses: One- and two-family residential uses; shares many development standards used for other low-density residential districts.
Key dimensional standards: Specific numbers for R2 (setbacks, lot area) are Not found in retrieved materials. Many procedural rules (e.g., exceptions requiring planning review) reference R2. Verify with the jurisdiction.

R3 / R4 (multi‑family residential)

Purpose / typical uses: Higher-density multi-family housing; R4 in particular carries taller maximums and more complex development standards.
Key dimensional standards (as found): For certain multi‑story projects the code lists maximum building height (to ridge): 62 ft, maximum wall height: 52 ft (with possible design‑review-based higher allowances: 70 ft building / 60 ft wall when certain criteria apply). These appear in the multi‑family standards and development tables and are tied to design review and adjacency rules. Also, where projects are across the street from R1 zones, wall/facade and upper floor setback rules are specified (e.g., >40 ft façade wall max with upper floors set back 10 ft).
Where it applies: Multi-family corridors and larger residential parcels citywide; design review typically applies. See the development review note about projects subject to design review for exterior changes.

CN (Commercial‑Neighborhood)

Purpose / typical uses: Small-scale neighborhood retail and services (grocery, cleaners, restaurants, salons). The CN district is not intended to attract citywide traffic.
Key dimensional standards: General commercial development standards apply; parking and streetscape standards are required. Exact numeric setbacks and heights for CN are Not found in retrieved materials.

CS (Commercial‑Service)

Purpose / typical uses: Service commercial and light industrial uses (automotive repair, carpentry, vet clinics).
Key dimensional standards: The ordinance calls for building appearance, screening of rooftop equipment, and landscaping standards for commercial zones. Numeric setbacks and heights for CS are Not found in retrieved materials.

CO (Commercial‑Office)

Purpose / typical uses: Offices, medical, professional uses; suitable for mixed office/residential where the general plan allows.
Key dimensional standards: See commercial general standards — rooftop screening, ground equipment screening, walls/fences rules. Numeric specifics Not found in retrieved materials.

CRA (Commercial/Residential‑Arterial)

Purpose / typical uses: Major arterials supporting hotels, retail, offices, and housing; broad range of commercial and residential uses allowed.
Key dimensional standards: CRA is intended for mixed-use corridor standards; specifics Not found in retrieved materials.

M (industrial / manufacturing)

Purpose / typical uses: Several M districts regulate industrial, office, warehouse and storage uses; code tables set FAR maxima (e.g., 0.35 for industrial/office, 0.45 for warehousing, 0.55 for personal storage in one table) and setback expectations (e.g., 25 ft minimum front setback in an excerpt). See the industrial district development table snippets.
Where it applies: Industrial parks and manufacturing corridors; note special screening and landscaping required when adjacent to residences.

P (Planned community / Precise Plans)

Purpose / typical uses: The P district and precise plans allow custom development standards; a planned community permit is often required for projects that vary from precise plan standards. The ordinance explicitly allows exceptions to precise plan standards if justified and shown to meet the plan's purpose. See § 36.50.40–50.50 for planned community permit applicability and special application requirements.
Key note: Where precise plans are in place, the applicant must submit a checklist showing compliance, and any exceptions must be justified with documentation.

RMH (Mobile Home)

Purpose / typical uses: Mobile home parks and subdivisions; code contains standards such as minimum site area: 5 acres, density: max 8 spaces/acre, street frontage setback: 30 ft, and other site planning standards. Variances may be used to deviate from development standards where the variance criteria are met — but mobile home park permitting is also subject to state HCD regulation. See the RMH standards.

Note: The code ties variance review to the zone-specific standards — when a variance affects design or exterior modifications the proposal is reviewed under design review standards in § 36.44.70. For planning/design questions consult the city's design review page.

How the process works — practical synthesis

Scope check: First confirm the item you want to change is eligible for a variance. Dimensional standards and signs are eligible; changes to uses, residential density, or zone-specific FAR are not. See § 36.46.45.
Documentation: Provide clear written and graphic evidence that the lot or structure has extraordinary circumstances (size, shape, topography, location or surroundings) and show the minimal deviation necessary. See § 36.46.50.
Design review tie‑in: If the variance includes exterior modifications, expect evaluation against the design findings in § 36.44.70 (compatibility of architecture, materials, landscaping, circulation). See that section for the criteria that will be used to judge design quality. Also consider impacts on parking requirements if the change affects site layout.
Hearing and appeal: The zoning administrator hears the application (publicly noticed) and issues written findings. If denied, the applicant may appeal to the city council under § 36.56.50. The effective date of zoning approvals is normally ten (10) days after findings are adopted; see § 36.56.45.

Checklist

Confirm the requested relief is for a dimensional standard or sign (not a change in permitted use/density/FAR) — § 36.46.45.
Prepare written and graphical evidence of the property’s extraordinary circumstances and the precise variance requested — § 36.46.50.
Complete the variance application and pay fees per city guidance (check zoning administrator procedural handout) — application filing rules per Division on processing. Not found in retrieved materials for exact fee amounts.
Show that the request satisfies all findings (special circumstances; substantial property rights; no public harm; no special privilege; general plan consistency; CEQA) — § 36.46.60.
Prepare for the public hearing (neighborhood notices, design illustrations if exterior changes, and responses to potential concerns about health/safety/traffic). See § 36.46.55 and the design review findings § 36.44.70.
If approved, ensure all conditions are accepted in writing (needed for transferability) — § 36.46.65.

Risks & Ambiguities

Issue	Why it matters	What to verify
Requesting use/density relief	Code expressly forbids using variances to change uses or density — can be denied as outside authority.	Verify that your relief is limited to dimensional standards or signs. § 36.46.45
CEQA implications	CEQA may require environmental review before approval — can delay or add conditions.	Confirm CEQA determination early; § 36.46.60(f) requires CEQA compliance.
Design compatibility objections	Exterior changes trigger design review findings and may lead to denial if not compatible.	Prepare materials to meet § 36.44.70 design findings.
Precise plan / P district conflicts	In a P (planned community) area, exceptions require tighter justification and a precise-plan checklist.	Check the applicable precise plan and § 36.50.45 special submittal requirements.
Parcel‑specific numeric standards	Many numeric standards (R1 setbacks, exact lot sizes) are not present in the retrieved excerpts.	Verify the exact dimensional numbers for your parcel in the full Chapter 36 tables or with the planning counter. Not found in retrieved materials.
Fee waivers / adjustments	Fee adjustment rules exist but are narrow (nonresidential fee waivers subject to conditions).	If requesting fee relief, confirm the process and recording requirements under the fee article (example waiver provisions referenced).

Plain‑English Summary

If your Mountain View property has an unusual shape, slope, or other site condition that makes a strict setback, height, coverage, or sign rule impossible or unfair, you can apply for a variance; you must show the special condition, demonstrate the minimum change needed, and persuade the zoning administrator (by meeting six legal findings) that the change won’t harm neighbors or create a special privilege. See the variance scope and findings in § 36.46.35–60.

Information Gaps

Full numerical development tables for every residential district (complete R1, R2, R3, R4 setback/lot-area/coverage numbers) are Not found in retrieved materials; verify with the full Chapter 36 tables.
Exact application filing fees and the zoning administrator's administrative guidelines for variance processing are Not found in retrieved materials; verify with the Community Development Department.
A consolidated citywide description of “exceptions” separate from variance/PUD provisions was not located in the retrieved excerpts — exceptions appear embedded in specific district or planned community provisions. Not found in retrieved materials.

Source References

Mountain View Zoning Code — Division 4 (Variances): § 36.46.35 (Variances), § 36.46.45 (Applicability), § 36.46.50 (Special application requirements), § 36.46.55 (Hearings and action), § 36.46.60 (Findings), § 36.46.65 (Transfer of variance).
Design review findings (used when exterior changes are proposed): § 36.44.70.
Planned community permit applicability and special requirements: § 36.50.40–36.50.50.
Commercial and industrial district general development standards and some district numerical excerpts (setbacks, FAR examples): Article V and industrial tables excerpts (e.g., § 36.18.30, industrial development table excerpts).
RMH (Mobile Home) district development standards excerpts (minimum site area, density, setbacks): § 36.12.15–36.12.25 excerpts.
Time limits, appeals and effective dates for zoning decisions: § 36.56.45 and § 36.56.50.
Fee adjustment/waiver references and exceptions (select nonresidential fee waiver provisions): excerpts in fee article.

Also consult these Mountain View topic pages for closely related issues:

Sources

Retrieved passages

Mountain View Zoning Code (chapter only) High relevance
Mountain View Zoning Code (Section 36.56) High relevance
Mountain View Zoning Code (Article X) High relevance
Mountain View Zoning Code (Section 36.50.30.b.) High relevance
Mountain View Zoning Code (§ 1) High relevance
Mountain View Zoning Code (§ 4) High relevance
Mountain View Zoning Code (Chapter but) High relevance
Mountain View Zoning Code (section may) High relevance

Cited sections

Official Mountain View code library

Frequently asked questions

What kinds of changes can I request a variance for in Mountain View?

You can request a variance only for dimensional development standards (setbacks, building coverage, parcel dimensions, heights, distances between structures, landscape/paving requirements) and sign regulations; variances cannot change permitted uses, nonresidential FAR specific to a zone, or residential density. See § 36.46.45.

What specific findings must the zoning administrator make to approve a variance?

The zoning administrator must make six findings: (a) special circumstances (size/shape/topography/location/surroundings); (b) necessary to preserve substantial property rights; (c) no detriment to public health/safety/welfare; (d) no special privilege; (e) consistent with the General Plan; and (f) CEQA compliance. See § 36.46.60.

Do variances in Mountain View run with the land if I sell my property?

Yes. A variance remains valid upon change of ownership provided the new owner agrees in writing to applicable conditions and operating standards prior to reopening or maintaining the use or structure — § 36.46.65.

Will an exterior modification variance also trigger design review?

If a variance involves exterior modifications, the application will be reviewed for design quality under the design findings in § 36.44.70 and may be subject to development review procedures. See § 36.46.55 cross‑referencing design review.

Can I use a variance to reduce required parking?

Parking reductions usually follow the conditional use permit or parking reduction procedures (Divisions dealing with parking). Some parking reductions are handled by separate provisions; a variance is not the primary tool. Check Sections for parking reduction and conditional use permits — see § 36.32.65 and Division 6 (Conditional Use Permits).

How is a variance decision appealed in Mountain View?

Decisions by the zoning administrator on variances can be appealed to the city council. Appeals must be filed in writing within the timeframes and fee requirements set in the appeals article — see § 36.56.50.

Are there limits on variances for projects in a planned community or precise plan area?

Yes. Planned community/precise plans have their own permit and exception rules: applicants must submit a precise-plan checklist and justify any exceptions; some exceptions require higher levels of review or council action per § 36.50.45–36.50.50.

Can I get a variance for an ADU (accessory dwelling unit) setback or height in Mountain View?

Variances may address dimensional standards that affect ADUs, but state ADU law constrains local limits in many cases. The code treats dimensional relief as a variance-eligible matter, but ADU-specific state rules may preempt or limit local requirements; verify concurrently with the Mountain View ADU guidance and state ADU law. Local text referencing processing and design review applies; see § 36.46.45 and the city ADU resources.

If a neighboring property is out of compliance, can I claim that as a hardship to get a variance?

No. The ordinance explicitly says neighboring violations are not hardships that justify a variance; personal/financial/medical hardships are also not valid grounds. See § 36.46.60(a).

Where can I see the exact numeric setback and coverage standards for my zone?

The complete numeric development standards are provided in Chapter 36 tables for each zone; those full numeric tables were not available in the retrieved excerpts here. Verify the exact numeric requirements for your parcel in the full Chapter 36 tables or with the Community Development Department. Not found in retrieved materials. ---

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