Local zoning · Santa Barbara County

Santa Barbara County — Variances and Exceptions

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

Last reviewed: July 6, 2026

Overview

In unincorporated areas of Santa Barbara County, variances and exceptions are tightly defined tools that allow limited relief from the County’s zoning and development standards in Title 35 (Article II, Coastal Zoning Ordinance). Variances are reserved for unusual parcel circumstances and require strict findings, while “Modifications” are minor, pre‑set adjustments to specific standards. Some exceptions are also embedded in special programs (e.g., density bonus waivers), design review exemptions, and nonconforming use provisions. See the County’s broader zoning & planning overview and base Zoning framework for context.

Core rule: A variance can only be granted for physical standards when strict application of the code would deprive a property of privileges enjoyed by nearby, identically zoned parcels; it cannot authorize a use not otherwise allowed, nor waive procedures, and it must avoid granting a special privilege. See § 35-173.2 and § 35-173.6

What each relief tool is (and is not)

Variances (physical standards only)
- Purpose and scope. May grant relief from strict standards due to exceptional parcel conditions (size, shape, topography, location, surroundings) when needed to avoid deprivation of privileges; applies in all zone districts. May not approve uses otherwise prohibited, waive procedures, or reduce required parking in the student residential districts (SR‑M/SR‑H) or in the Single‑Family Restricted Overlay; must be consistent with the Coastal Land Use Plan. § 35-173.1, § 35-173.2, § 35-173.6
- Process. Zoning Administrator hearing with public notice; conditions may be imposed; appealable per § 35-182. § 35-173.3–.5
- Coastal tie-in. If a Coastal Development Permit (CDP) is required and appealable to the Coastal Commission, the CDP is processed with the variance per § 35-169.4.3 and § 35-182; CDP findings in § 35-169.5 apply.
Modifications (minor, enumerated adjustments)
- Purpose and scope. A limited, codified menu of “minor” adjustments to setbacks (by area, capped at 20%), height (up to 10%), and certain parking provisions, intended to solve practical design/resource issues. Cannot authorize a prohibited use or alter procedures. § 35-179.1–.2.3
- Guardrails. Minimum absolute setback depths apply; height/FAR increases not allowed in the Montecito (MON) Overlay; several parking-related reductions are prohibited (e.g., no reductions in SR‑M/SR‑H or Single‑Family Restricted Overlay; no bicycle parking reduction; ADU parking limits controlled by ADU section). § 35-179.2.3(a–f)
- Process and findings. Zoning Administrator hearing (hearing may be waived in limited cases), design review sequencing, CEQA review, and specific findings (consistency with the Coastal Act/Comprehensive Plan, minor nature, better design/resource protection, etc.). § 35-179.5–.7
Design Review exceptions
- The Board of Architectural Review (BAR) does not review certain minor items (e.g., ADUs/JADUs, interior alterations, decks, some fences/walls, pools/spas, solar panels, and minor exterior alterations determined by the Director). § 35-184.3
- Note: Design review exemptions don’t waive other permits or standards; sequencing for BAR and CDPs is addressed separately in § 35-169 and § 35-184.
Density bonus waivers for housing
- For qualifying housing, the County must waive or reduce development standards that would physically preclude construction at allowed density/concessions, subject to health/safety, historical resources, and law consistency limits. § 35-144C.5; parking ratios in § 35-144C.6
Nonconforming uses — limited exceptions
- The nonconforming chapter allows certain restorations/limited enlargements and a “Limited Exception Determination” for minor safety/environmental improvements to specified nonconforming industrial/public works/energy uses, with findings and process. § 35-161; Limited Exception Determinations under § 35-161.7 (numbering shown in text)
- Disaster recovery near the coast may qualify for a De Minimis Coastal Development Permit Waiver under § 35-51C with posted notice and Board reporting. § 35-51C
ADUs are different
- Variances are not allowed for accessory dwelling units (ADUs) or junior ADUs. Relief, if any, must follow the ADU sections; some ADU standards “must yield” to ensure an 800‑sf ADU fit with 4‑ft side/rear setbacks. § 35-142 (including § 35-142.5–.6)

Also note: In the Montecito Community Plan Area, references to the Zoning Administrator mean the Montecito Planning Commission. § 35-58 (Zoning Administrator definition)

Decision-relevant relief pathways (at a glance)

Type of relief	What it can do	What it cannot do	Decision-maker / Process	Code Reference
Variance	Adjust physical standards due to special parcel circumstances; applies in all zones	Cannot allow a prohibited use; cannot waive procedures; cannot reduce required parking in SR‑M/SR‑H or Single‑Family Restricted Overlay; must avoid special privilege	Zoning Administrator hearing; noticed; appeals per § 35-182; CDP concurrency when applicable	§ 35-173.1–.6; § 35-173.2(c); § 35-169.4.3; § 35-182
Modification	Minor, enumerated reductions (e.g., up to 20% setback area, 10% height; limited parking adjustments)	No use changes; no procedure waivers; no landscape/buffer/open space reductions; no height/FAR bump in MON Overlay; several parking prohibitions	Zoning Administrator; noticed hearing (or waiver in limited cases); BAR prelim review; CEQA	§ 35-179.1–.2.3; § 35-179.5–.7
Design Review exception	Exempts certain small items from BAR	Does not waive other permits/standards	Exemption per list; other processes still apply	§ 35-184.3
Density bonus waiver	Waiver/reduction of standards that would preclude qualifying housing	Limited by specific adverse impact, historic resources, or law conflicts	Ministerial grant unless findings to deny; parking ratios capped/reduced in set cases	§ 35-144C.5–.6
Nonconforming limited exception	Minor safety/environmental improvements to certain nonconforming facilities	No intensification beyond permitted/operating limits; no new significant impacts	Planning Commission determination; noticing and findings	§ 35-161; Limited Exception Determinations under § 35-161.7 (shown in text)

How the variance/exception rules sit within County standards

Base zones and overlays. Variance and Modification tools overlay the base districts in Article II and interact with special Overlay Districts. The County’s zone list is at § 35-52 (AG‑I/AG‑II; RR; R‑1/E‑1; R‑2; EX‑1; DR; PRD; SR‑M; SR‑H; MHP; C‑1; C‑2; CH; C‑V; PI; M‑RP; M‑CD; M‑CR; PU; REC; RES; TC). § 35-52
Development standards and parking. Variances/Modifications act on dimensional standards and Development Standards, but some items have their own relief rules or hard stops (e.g., student housing parking in SR‑M/SR‑H; bicycle parking). See § 35-179.2.3(f) and the Parking chapter cross‑references to § 35-173 and § 35-179.
Coastal processes. Many projects also require a CDP; coastal noticing, hearings, and findings in § 35-169.4.3 and § 35-169.5 apply alongside your relief request. § 35-169.4.3; § 35-169.5
Nonconformities. If the issue involves lawful nonconforming structures/uses, review the Nonconforming Uses rules first; some targeted exceptions live there. § 35-160–.161

District-by-district notes (variance/exception lens)

The following districts apply in unincorporated areas; variances apply across all districts, subject to the common limitations above. Where available, key, district‑specific facts are cited.

AG-I — Agriculture I

Purpose/typical uses/key standards: Not found in retrieved materials.
Variance/Modification notes: Variances allowed for physical standards per § 35-173; Modifications allowed per § 35-179, subject to caps. § 35-173; § 35-179

AG-II — Agriculture II

Purpose: Preserve prime/non‑prime rural agricultural lands (typ. 40–320 acre minimums). § 35-69.1
Typical permitted uses: Agriculture; on‑site farm sales; one single‑family dwelling; one ADU/JADU; kennels/boarding, subject to district provisions. § 35-69.3
Key dimensional standards: Not found in retrieved materials.
Variance/Modification notes: Same as above; BAR/design review requirements may apply to structures; agricultural buffers can constrain site design and may require adjustments under § 35-144O. § 35-179; § 35-184; § 35-144O (implementation guidelines excerpted)

RR — Rural Residential

Purpose/typical uses/key standards: Not found in retrieved materials.
Variance/Modification notes: Standard variance/modification framework applies. § 35-173; § 35-179

R-1/E-1 — Single-Family Residential

Purpose/typical uses/key standards: Not found in retrieved materials.
Variance/Modification notes: Common residential relief via Modification for small setback/height tweaks; ADU variances prohibited countywide. § 35-179.2.3; § 35-142(10)

R-2 — Two-Family Residential

Purpose/typical uses: Duplex/2‑unit contexts (district specifics not fully retrieved).
Key dimensional standards: Height limit 25 ft; other dimensional specifics not confirmed. § 35-72.10
Variance/Modification notes: Same framework; ADU provisions may also apply. § 35-173; § 35-179; § 35-142.5

EX-1 — One-Family Exclusive Residential

Purpose: For the Hope Ranch area; preserves established residential character. § 35-73.1
Typical permitted uses: One single‑family dwelling per legal lot; additional use list extends in § 35-73.3. § 35-73.3
Key dimensional standards: Not found in retrieved materials.
Variance/Modification notes: Standard variance/modification framework applies. § 35-173; § 35-179

DR — Design Residential

Purpose/typical uses/key standards: Not found in retrieved materials.
Variance/Modification notes: BAR review commonly required; Modifications/variances proceed with BAR sequencing. § 35-184; § 35-179.5–.6

PRD — Planned Residential Development

Purpose/typical uses/key standards: Not found in retrieved materials.
Variance/Modification notes: Use Modification for minor dimensional refinements; ADU standards may apply. § 35-179; § 35-142.6 (ADU zones include PRD)

SR-M — Medium Density Student Residential

Purpose/typical uses/key standards: Not found in retrieved materials.
Variance/Modification notes: No variance or Modification may reduce required parking in SR‑M; density bonus parking frameworks may supersede for qualifying housing. § 35-173.2(c); § 35-179.2.3(f); § 35-144C.6

SR-H — High Density Student Residential

Purpose/typical uses/key standards: Not found in retrieved materials.
Variance/Modification notes: Same parking prohibition as SR‑M; normal findings and processes otherwise. § 35-173.2(c); § 35-179.2.3(f)

MHP — Mobile Home Park

Purpose/typical uses/key standards: Not found in retrieved materials.
Variance/Modification notes: Standard relief tools; ADUs addressed separately where applicable. § 35-173; § 35-179; § 35-142.5

C-1 — Limited Commercial

Purpose/typical uses/key standards: Not found in retrieved materials.
Variance/Modification notes: Standard relief tools; CDP/Design Review sequencing may apply. § 35-173; § 35-179; § 35-169.4.3; § 35-184

C-2 — Retail Commercial

Purpose/typical uses/key standards: Not found in retrieved materials.
Variance/Modification notes: As above. § 35-173; § 35-179

CH — Highway Commercial

Purpose/typical uses/key standards: Not found in retrieved materials.
Variance/Modification notes: As above; some development plan thresholds exist in § 35-174.2. § 35-174.2

C-V — Resort/Visitor Serving Commercial

Purpose/typical uses/key standards: Not found in retrieved materials.
Variance/Modification notes: As above. § 35-173; § 35-179

PI — Professional and Institutional

Purpose/typical uses/key standards: Not found in retrieved materials.
Variance/Modification notes: As above. § 35-173; § 35-179; § 35-174.2 (small projects under Director)

M-RP — Industrial/Research Park

Purpose/typical uses/key standards: Not found in retrieved materials.
Variance/Modification notes: As above; telecom standards may have separate modification pathways. § 35-144F (telecom processing limits)

M-CD — Coastal Dependent Industry

Purpose/typical uses/key standards: Not found in retrieved materials.
Variance/Modification notes: Standard tools apply; coastal‑dependent siting and CDP findings remain controlling. § 35-169.5

M-CR — Coastal Related Industry

Purpose/typical uses/key standards: Not found in retrieved materials.
Variance/Modification notes: As above. § 35-173; § 35-179

PU — Public Utilities

Purpose/typical uses/key standards: Not found in retrieved materials.
Variance/Modification notes: As above; height and utility-specific standards may apply elsewhere in Article II. Not found in retrieved materials.

REC — Recreation

Purpose/typical uses/key standards: Not found in retrieved materials.
Variance/Modification notes: As above.

RES — Resource Management

Purpose/typical uses/key standards: Not found in retrieved materials.
Variance/Modification notes: As above; resource protection standards in the LCP remain controlling. § 35-59 (development standards policy context)

TC — Transportation Corridor

Purpose/typical uses/key standards: Not found in retrieved materials.
Variance/Modification notes: As above.

Checklist

Confirm the project is in unincorporated Santa Barbara County and identify the base zone(s)/overlay(s). § 35-52; § 35-53
Determine if a CDP is required; if appealable to the Coastal Commission, plan for concurrent processing with the variance/modification. § 35-169.4.3; § 35-182; § 35-169.5
Choose the correct relief: Variance (special circumstances) vs. Modification (minor, enumerated). § 35-173; § 35-179
Verify prohibitions: no use variances; no procedure waivers; no ADU variances; no student-housing/SFR‑Overlay parking variances; MON Overlay height/FAR limits for Modifications. § 35-173.2; § 35-142; § 35-179.2.3
Prepare noticed hearing record with substantial evidence and draft findings. § 35-173.5; § 35-179.5–.6; § 35-169.5 (if CDP)
Sequence any required design review; check if BAR exceptions apply. § 35-184.3; § 35-169.4.3.l
If housing with affordability, test density bonus concessions/waivers before pursuing a variance. § 35-144C.5–.6
For nonconformities or disaster recovery, assess limited exceptions/De Minimis Waivers. § 35-161; § 35-51C

Risks & Ambiguities

Issue	Why it matters	What to verify
Confusing variance vs. modification	The wrong tool can trigger denial or extra findings	Whether your request fits § 35-179.2.3’s menu (e.g., 20% setback area) before pursuing a § 35-173 variance
Student housing/SFR overlay parking	These districts bar parking relief via variance/modification	If the site is SR‑M/SR‑H or in the Single‑Family Restricted Overlay; if so, consider density-bonus parking pathways § 35-173.2(c); § 35-179.2.3(f); § 35-144C.6
Montecito Overlay (MON)	Height/FAR modifications are disallowed in MON under § 35-179	Whether the parcel is within the MON Overlay before proposing a height/FAR Modification § 35-179.2.3(d–e)
Coastal appealability	CDP appeal status changes hearing/notice and findings	If the development is appealable to the Coastal Commission; apply § 35-169.4.3 and § 35-169.5 accordingly
Nonconforming site conditions	Different exception tools may apply	Whether the situation is better addressed by § 35-161 limited exceptions or a De Minimis CDP Waiver under § 35-51C
BAR exemptions vs. permit relief	Skipping BAR doesn’t waive zoning standards	If § 35-184.3’s exemption applies, and what other approvals remain
Building standards vs. zoning relief	Variances do not waive state building code	Any building-code items must still comply with the California Building Standards Code

Plain-English Summary

In unincorporated Santa Barbara County, use a Modification if you need a small, defined tweak (like a slight setback or height adjustment); use a Variance only if your lot has unusual conditions that make strict rules unfair compared to neighbors, and be ready to prove it with evidence. Some things are off‑limits (no use changes, no ADU variances, strict parking limits in student zones), and coastal permits and design review can layer on top. When housing is affordable, the density bonus law often provides stronger, faster relief than a traditional variance.

Source References

Variances: § 35-173.1–.6 (purpose, applicability, jurisdiction, processing, findings)
Modifications: § 35-179.1–.2.3, § 35-179.5–.7 (scope, prohibitions, processing, findings)
Design Review and exceptions: § 35-184; § 35-184.3
Density bonus waivers and parking ratios: § 35-144C.5–.6
Coastal Development Permit concurrency and findings: § 35-169.4.3; § 35-169.5; appeals § 35-182
Nonconforming uses and limited exceptions: § 35-160–.161; Limited Exception Determinations within § 35-161.7 (shown in text)
Zone list and applicability: § 35-52 (districts)
EX‑1 (Hope Ranch) purpose/uses: § 35-73.1; § 35-73.3
AG‑II purpose/uses: § 35-69.1; § 35-69.3
R‑2 height: § 35-72.10
ADU no-variance rule and “must‑yield” provisions: § 35-142; § 35-142.5–.6

Sources

Retrieved passages

Santa Barbara County Zoning Code (section shall) High relevance
Santa Barbara County Zoning Code (Section 35-172.8) High relevance
Santa Barbara County Zoning Code (Section 35-169.2.1.) High relevance
Santa Barbara County Zoning Code (Section 21155.) Medium relevance
Santa Barbara County Zoning Code (Section applies) Medium relevance
Santa Barbara County Zoning Code (Section 65915) Medium relevance
Santa Barbara County Zoning Code (Article and) Medium relevance
Santa Barbara County Zoning Code (Article or) Medium relevance
Santa Barbara County Zoning Code (Section 35-142) Medium relevance
Santa Barbara County Zoning Code (Section 35-142) Medium relevance
Santa Barbara County Zoning Code (Section 35-179B) Medium relevance
Santa Barbara County Zoning Code (Section 35-142) Medium relevance
Santa Barbara County Zoning Code (Section 35-179) Medium relevance
Santa Barbara County Zoning Code (Section 35-142) Medium relevance
Santa Barbara County Zoning Code (Section 35-51C) Medium relevance
Santa Barbara County Zoning Code (Section 35-144O) Medium relevance
Santa Barbara County Zoning Code (Section 35-72.8) Medium relevance

Cited sections

Variances: § 35-173.1–.6 (purpose, applicability, jurisdiction, processing, findings) (§ 35-173.1)
Modifications: § 35-179.1–.2.3, § 35-179.5–.7 (scope, prohibitions, processing, findings) (§ 35-179.1)
Design Review and exceptions: § 35-184; § 35-184.3 (§ 35-184)
Density bonus waivers and parking ratios: § 35-144C.5–.6 (§ 35-144C.5)
Coastal Development Permit concurrency and findings: § 35-169.4.3; § 35-169.5; appeals § 35-182 (§ 35-169.4.3)
Nonconforming uses and limited exceptions: § 35-160–.161; Limited Exception Determinations within § 35-161.7 (shown in text) (§ 35-160)
Zone list and applicability: § 35-52 (districts) (§ 35-52)
EX‑1 (Hope Ranch) purpose/uses: § 35-73.1; § 35-73.3 (§ 35-73.1)
AG‑II purpose/uses: § 35-69.1; § 35-69.3 (§ 35-69.1)
R‑2 height: § 35-72.10 (§ 35-72.10)
ADU no-variance rule and “must‑yield” provisions: § 35-142; § 35-142.5–.6 (§ 35-142)
SantaBarbaraCounty_ZoningCode.md

Official Santa Barbara County code library

Frequently asked questions

What is a “special circumstance” for a variance in unincorporated Santa Barbara County?

A special circumstance is a site-specific condition like unusual lot size, shape, topography, location, or surroundings that make strict application of standards deprive the parcel of privileges enjoyed by nearby, identically zoned parcels. You must also show no special privilege is granted and consistency with the Coastal Land Use Plan. § 35-173.6

Can I get a variance to allow a use that isn’t permitted by my zone?

No. Variances cannot authorize uses that are not allowed in the zone and cannot waive procedural rules. Consider a rezoning or a use permit if the code provides one. § 35-173.2(a–b)

Are parking requirements eligible for variances or modifications?

Sometimes, but with hard stops. Neither a variance nor a modification may reduce required parking in the SR‑M or SR‑H districts or within the Single‑Family Restricted Overlay, and Modifications cannot reduce required bicycle parking. For qualified affordable housing, density bonus parking ratios may apply. § 35-173.2(c); § 35-179.2.3(f); § 35-144C.6

Do I need a Coastal Development Permit if I seek a variance?

If the project needs a CDP, and it’s appealable to the Coastal Commission, the CDP is processed with the variance, and coastal findings/noticing requirements apply. § 35-169.4.3; § 35-169.5; § 35-182

Can I get a variance for an ADU or JADU?

No. The County prohibits variances for ADUs/JADUs. ADU standards include their own relief mechanisms (e.g., “must‑yield” setbacks to fit an 800‑sf ADU with 4‑ft sides/rear). § 35-142 (including § 35-142.5–.6)

Who decides my variance or modification, and can I appeal?

The Zoning Administrator is the decision‑maker for variances and modifications; both require noticing and at least one hearing (some Modifications’ hearings may be waived). Actions are appealable per § 35-182. § 35-173.3–.5; § 35-179.5–.7; § 35-182

What if my project is in Montecito?

Within the Montecito Community Plan Area, “Zoning Administrator” means the Montecito Planning Commission, and Modifications cannot increase height/FAR in the MON Overlay. § 35-58 (definition); § 35-179.2.3(d–e)

Are there exceptions to design review so I can skip BAR?

Yes. ADUs/JADUs, interior alterations, decks, certain fences/walls, pools/spas, solar, and Director‑deemed minor alterations don’t require BAR. This doesn’t waive other permits or zoning standards. § 35-184.3

I have a legal nonconforming industrial facility needing a safety upgrade—do I need a variance?

Likely not. The code offers a “Limited Exception Determination” for minor safety/environmental improvements to certain nonconforming industrial/public works/energy uses, with specific findings and process. § 35-161; Limited Exception Determinations under § 35-161.7 (shown in text)

My coastal home was damaged by debris flow—can I rebuild without a full CDP?

Some restorations may be eligible for a De Minimis CDP Waiver with posted notice and Board reporting if criteria are met. Confirm details early. § 35-51C

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