Local zoning · Tulare County

Tulare County — Variances and Exceptions

Q: Do floodplain properties have different variance rules in Tulare County?

Yes. Flood-related variances must be the minimum necessary , cannot be granted in a floodway if they would increase flood heights, require a showing of good and sufficient cause and exceptional hardship, and the applicant must be notified of potential higher flood insurance costs § 7-27-1300 .

Q: Who issues variances in unincorporated Tulare County and can decisions be appealed?

The Zoning Administrator issues variances; decisions must be written with factual findings and are subject to appeal to the Board of Supervisors under the County’s appeal provisions (appeal deadlines and fees apply) § 7-27-1275; § 7-27-1315 .

Q: Which zones does the County explicitly list as “agricultural land” for Right-to-Farm protections?

The County’s Right-to-Farm definitions list AE, AE-10, AE-20, AE-40, AE-80, A-1, AF, and TPZ as agricultural land for purposes of that Article § 7-29-1000 .

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

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Last reviewed: July 3, 2026

Overview

This page explains how variances and exceptions are handled for properties in the unincorporated areas of Tulare County under the County Ordinance (Part 7 / Tulare County Code). It summarizes the decision standards, who acts, required findings, and how exceptions for subdivision/improvement standards are processed — all grounded in the local code. Where the zoning map or full district rules are controlled by Ordinance No. 352 (the Tulare County Zoning Ordinance), the text points to the County Code sections that control variances and exceptions and notes when full district detail is not found in the retrieved materials. See Tulare County’s zoning overview for background on districts and the county’s process. Tulare County Zoning

How Tulare County handles Variances (quick summary of controlling rules)

Authority: The Zoning Administrator may grant variances when strict application would cause practical difficulties or unnecessary hardships in harmony with the chapter’s purpose § 7-27-1265 .
Application & fees: Variance applications must be filed in writing; the Resources Management Agency Director prescribes the form and fees are set by Board resolution § 7-27-1270 .
Public hearing & notice: At least one public hearing is required; mailed and published notice timing and list of recipients are specified § 7-27-1275 .
Decision standards: The Zoning Administrator must make written findings and consider specific technical factors (flood risk, compatibility, General Plan consistency, alternative locations, safety of access, etc.) § 7-27-1280 .
Flood-specific limits: Floodplain variances have additional restrictions (minimum necessary, not allowed within a floodway if it increases flood levels, historic building exceptions, written notice about insurance implications) § 7-27-1300 .
Conditions, revocation & appeal: The Administrator may attach conditions § 7-27-1295 ; conditional variances can be revoked § 7-27-1310 ; appeals go to the Board of Supervisors and follow the ordinance’s appeal provisions § 7-27-1315 .
Records: Floodplain-related variance records must be maintained and reported to FEMA § 7-27-1320 .

(If your project implicates design review, setbacks/development standards, parking, or overlays, consult the corresponding local pages before applying: Tulare County Design Review, Tulare County Development Standards, Tulare County Parking, Tulare County Overlay Districts.)

Exceptions (subdivision / improvement standards)

Authority & scope: Exceptions to requirements in the subdivision chapter (including improvement standards) may be granted under Article 19; an exception application is filed with the Planning and Development Director § 7-01-2620–2625 .
Findings to grant: The decision body must find all of the following: (a) special circumstances affecting the property; (b) exception appropriate for proper design/function of subdivision; (c) not detrimental to public welfare or injurious to nearby property; (d) consistent with Article 1 purposes and the Subdivision Map Act; and (e) consistent with the General Plan § 7-01-2645 .
Timing & fees: Exceptions are typically applied with the tentative map and carry filing fees; if applied after map approval additional fees apply § 7-01-2625–2630 .
Processing & referrals: Exceptions are referred to Public Works, County Health, and other agencies for recommendations prior to decision § 7-01-2640 .
Special waivers: For improvements outside the usual subdivision context (e.g., single-lot improvements), the Resource Management Agency Director or Assistant Director – Public Works may waive required improvements where not expected to be beneficial within the next 20 years § 7-15-1990 .

District-by-district breakdown (what the retrieved ordinance explicitly lists)

The full Tulare County Zoning Ordinance (Ordinance No. 352) contains the detailed zone tables and dimensional standards; the County Code excerpts available in the retrieved materials list certain zone names and definitions but do not include the entire set of permitted uses and numeric dimensional tables for every zone. Below are district entries that are explicitly named in the retrieved materials; where the materials do not provide the full permitted-use or dimensional table, the entry says so and points to the controlling reference.

Exclusive Agricultural — AE, AE-10, AE-20, AE-40, AE-80
- Purpose: Preserve and designate agricultural land; used in Right-to-Farm definitions and to identify agricultural lands protected under the Code § 7-29-1000 .
- Typical permitted uses (from definition context): commercial agriculture, orchards, vineyards, dairies, and associated agricultural operations; the code’s Right-to-Farm article treats these zones as “agricultural land” for protective provisions § 7-29-1000 .
- Key dimensional standards: Not found in retrieved materials (the full numeric setbacks, lot sizes, and accessory use rules appear in Ordinance No. 352 / Tulare County Zoning Ordinance). Verify with the County Zoning tables or Planning staff.
- Where it applies: County-designated agricultural parcels; listed explicitly in the Right-to-Farm definitions § 7-29-1000 .
Agricultural — A-1
- Purpose: General agricultural uses and associated rural development; included among zones defined as “agricultural land” for Right-to-Farm protections § 7-29-1000 .
- Typical permitted uses: Farm operations, horticulture, animal husbandry; specifics are codified in the Zoning Ordinance (Ordinance No. 352).
- Key dimensional standards: Not found in retrieved materials — see local Zoning Ordinance tables (Ordinance No. 352).
- Where it applies: Scattered throughout unincorporated county per the Zoning Map (verify parcel-specific zoning).
Foothill Agricultural — AF
- Purpose & typical uses: Similar agricultural uses adapted to foothill terrain; referenced as an agricultural designation § 7-29-1000 .
- Dimensional standards & zoning map coverage: Not found in retrieved materials — verify in Ordinance No. 352 and the Tulare County zoning map.
Timber Preserve / TPZ
- Purpose: Areas designated for timber production and preservation; included in the county’s definition of agricultural land under Right-to-Farm recognition § 7-29-1000 .
- Uses & standards: Not found in retrieved materials — consult Zoning Ordinance and the General Plan for TPZ-specific allowed uses and limitations.
Floodplain / FEMA zones referenced in code (Zones A, AE, A1–A30, AO, etc.)
- Purpose: Floodplain management and flood-damage prevention — flood-related variances are handled under the Flood Damage Prevention Chapter (Article giving §§ 7-27-1265 through 7-27-1320).
- Key rules affecting variances: Variances in flood areas must be the minimum necessary, cannot increase flood heights in a floodway, require special findings, and applicants must be notified about flood insurance consequences § 7-27-1300, § 7-27-1280, § 7-27-1295 .
- Where it applies: Areas shown on the County’s floodplain maps and FEMA FIRMs; see the Flood Damage Prevention chapter for specific zone definitions § 7-27-1020 (definitions appear in the Flood chapter) .

If you need district-level permitted uses, numeric setbacks, lot coverage, and FAR for non-agricultural zones (e.g., residential R-1, commercial C-1, industrial M-1), those numeric standards and use tables are contained in the Tulare County Zoning Ordinance (Ordinance No. 352). The retrieved excerpts reference Ordinance No. 352 repeatedly but do not include the full zone use-and-dimension tables in the materials provided here. Verify parcel-specific zoning and numeric standards with the Planning Department or the full Ordinance No. 352 text. Not found in retrieved materials: complete zone tables for R, C, and M districts.

Most decision-relevant standards (quick reference table)

Item	What matters for a variance/exception decision	Code reference
Who may grant	Zoning Administrator (variances) / Planning Commission or Board involvement for particular articles	§ 7-27-1265
Application & fees	Written application by owner/agent; fees set by Board resolution; $10 automation fee per app noted	§ 7-27-1270
Hearing & notice	Public hearing required; published notice and mailed notice lists and timing specified	§ 7-27-1275
Decision factors	Flood risk, compatibility, General Plan consistency, availability of alternatives, public safety, access	§ 7-27-1280
Flood variance limits	Minimum necessary, hardship must be exceptional; not permitted in floodway that increases flood heights; special notice on insurance costs	§ 7-27-1300
Exceptions (subdivisions)	Exceptions to improvement standards require findings that cover special circumstances, public welfare, design appropriateness, and General Plan consistency	§ 7-01-2645
Revocation	Variances with conditions may be revoked for noncompliance using same procedures	§ 7-27-1310
Appeals	Appeal to Board of Supervisors (time limits and fees apply)	§ 7-27-1315
Recordkeeping (flood)	Floodplain Administrator must log variance justification and report to FEMA	§ 7-27-1320

Practical guidance and comparison (plain-English synthesis)

Variances are an administrative remedy: the Zoning Administrator is the first decision-maker; expect a public hearing and written findings. For many development standards unrelated to floodplain issues, the Administrator may impose conditions intended to make the variance compatible with surrounding uses § 7-27-1265, § 7-27-1295 .
Flood-related variances are stricter: Tulare County’s flood chapter requires a showing of good and sufficient cause, exceptional hardship, and that the variance is minimum necessary, and it forbids variances that increase flood heights in a regulatory floodway § 7-27-1300 . Expect extra technical reports and state/federal concurrence where water-code or reclamation-board authority applies § 7-27-1285 .
Exceptions for subdivision/improvement standards follow a different path: those applications are tied to tentative maps and are judged against five explicit findings including General Plan consistency § 7-01-2620–2645 .
Interaction with other approvals: Some situations that might otherwise need a variance can be addressed through an approved use permit under the Zoning Ordinance — check § 7-27-1305 for when a use permit substitutes for a variance § 7-27-1305 . Also check locally required design review, parking, and other development standards (see Tulare County Design Review, Tulare County Parking, Tulare County Development Standards).

Checklist (what an applicant must satisfy before applying)

Confirm your parcel is in an unincorporated area and identify its zoning designation (verify with County Planning). Verify with the jurisdiction.
Prepare a written application on the form prescribed by the Resources Management Agency Director § 7-27-1270 .
For floodplain sites, prepare technical documentation showing why the variance is the minimum necessary and whether it affects flood elevations; be ready to show exceptional hardship if applicable § 7-27-1300 .
Pay the applicable application fee and $10 automation fee noted in the fee rule § 7-27-1270 .
Provide mailed-notice mailing list (owners within required radius) and any materials required by the Planning Department for public hearing § 7-27-1275 .
If the request is a subdivision exception, include required findings and submit with tentative map or pay additional fees if filed later § 7-01-2625–2630, § 7-01-2645 .
For projects that could instead be processed by a use permit, evaluate that path (Zoning Ordinance / Ordinance No. 352) § 7-27-1305 .
Expect conditions; be prepared to accept recording or monitoring conditions and to respond to revocation if conditions are violated § 7-27-1295, § 7-27-1310 .

Risks & Ambiguities

Issue	Why it matters	What to verify
Floodplain technical requirements	Flood variances require special findings and can trigger state/federal review; insurance and safety implications are explicit	Confirm flood zone and whether property is in a floodway; assemble elevation/civil engineering evidence § 7-27-1300
District-specific numeric standards	The Tulare County Code excerpts reference zone names but do not contain full numeric tables here	Request the full Tulare County Zoning Ordinance (Ordinance No. 352) and the County Zoning Map for parcel-specific setbacks, lot coverage, height limits. Not found in retrieved materials
Whether a use permit avoids a variance	Some relief may be available via use permit rather than variance (different findings, different decision body) § 7-27-1305	Check whether your proposal fits the use permit criteria in the Zoning Ordinance (Ordinance No. 352)
Who decides appeals & timing	Appeal deadlines are short and fees apply; failing to timely appeal can forfeit review § 7-27-1315	Verify appeal periods and required content with Planning staff before filing
Subdivision exception interplay	Exceptions tied to tentative maps require extra procedural steps and findings § 7-01-2645	If you are subdividing, file exceptions at the same time as tentative map to avoid later fees and additional findings

Plain-English Summary

If a strict literal rule would cause an undue hardship on your property in unincorporated Tulare County, you can apply for a variance from the Zoning Administrator; subdivision-related exceptions follow a separate exception procedure tied to tentative maps. Floodplain cases have more demanding tests and documentation requirements, and some issues may be better handled with a use permit instead of a variance; always confirm parcel-level zoning and numeric standards with County Planning. See the flood and variance sections for the exact findings you must meet § 7-27-1265 – § 7-27-1320, and check subdivision exception rules § 7-01-2620 – § 7-01-2650 .

Source References

Tulare County Code — Article 7 (VARIANCES): § 7-27-1265 through § 7-27-1320 (authority, procedure, factors, flood variance conditions, appeals, records) .
Exceptions (Subdivision/Improvement Exceptions) — Article 19: § 7-01-2620, § 7-01-2625, § 7-01-2645, § 7-01-2650 (exceptions authorized, application/fees, findings to grant exceptions, action on tentative maps) .
Exceptions / waivers for required improvements and public-works waivers — § 7-15-1990 (waiver by Resource Management Agency Director – Public Works) .
Right-to-Farm definitions and list of agricultural zones used in County definitions — § 7-29-1000 (AE, AE-10, AE-20, AE-40, AE-80, A-1, AF, TPZ listed as agricultural land) .
County Zoning Ordinance references: the County Code repeatedly references Ordinance No. 352 (Tulare County Zoning Ordinance) for full zoning/use/dimensional rules — the excerpts in the retrieved materials refer to Ordinance No. 352 but the full tables are not included in these excerpts. Not found in retrieved materials: complete zone permitted-use tables and numeric dimensional tables from Ordinance No. 352. Verify with Tulare County Planning. .
Note about Title 24 / Building Code (when construction permits are required): Adoption references are present in the Code (County adoption of California codes), but building-permit specifics live in state codes (see California Building Standards Code) .

Sources

Retrieved passages

Tulare County Zoning Code (§ 7-27-1280.) High relevance
Tulare County Zoning Code (§ 7-19-1200.) High relevance
Tulare County Zoning Code (§ 7-19-1190.) High relevance
Tulare County Zoning Code (§ 7-19-1335.) High relevance
Tulare County Zoning Code (§ 7-15-1980.) High relevance
Tulare County Zoning Code (section 7-27-1020.) High relevance
Tulare County Zoning Code (§ 7-19-1210.) High relevance
Tulare County Zoning Code (section 7-01-2350) High relevance
Tulare County Zoning Code (§ 7-27-1300.) High relevance
Tulare County Zoning Code (§ 7-01-2560) High relevance
Tulare County Zoning Code (§ 7-19-1235.) High relevance
Tulare County Zoning Code (§ 7-19-1230) Medium relevance
Tulare County Zoning Code (§ 7-13-1050.) Medium relevance
Tulare County Zoning Code (§ 7-01-1455) High relevance
Tulare County Zoning Code (§ 7-27-1275.) Medium relevance

Cited sections

Tulare County Code — Article 7 (VARIANCES): **§ 7-27-1265** through **§ 7-27-1320** (authority, procedure, factors, flood variance conditions, appeals, records) . (Article 7)
Exceptions (Subdivision/Improvement Exceptions) — Article 19: **§ 7-01-2620**, **§ 7-01-2625**, **§ 7-01-2645**, **§ 7-01-2650** (exceptions authorized, application/fees, findings to grant exceptions, action on tentative maps) . (Article 19)
Exceptions / waivers for required improvements and public-works waivers — **§ 7-15-1990** (waiver by Resource Management Agency Director – Public Works) . (§ 7-15-1990)
Right-to-Farm definitions and list of agricultural zones used in County definitions — **§ 7-29-1000** (AE, AE-10, AE-20, AE-40, AE-80, A-1, AF, TPZ listed as agricultural land) . (§ 7-29-1000)
County Zoning Ordinance references: the County Code repeatedly references **Ordinance No. 352** (Tulare County Zoning Ordinance) for full zoning/use/dimensional rules — the excerpts in the retrieved materials refer to Ordinance No. 352 but the full tables are not included in these excerpts. Not found in retrieved materials: complete zone permitted-use tables and numeric dimensional tables from Ordinance No. 352. Verify with Tulare County Planning. .
Note about Title 24 / Building Code (when construction permits are required): Adoption references are present in the Code (County adoption of California codes), but building-permit specifics live in state codes (see California Building Standards Code) . (Title 24)
TulareCounty_ZoningCode.md

Frequently asked questions

What is the standard legal test Tulare County uses to grant a variance?

The Zoning Administrator may grant a variance when strict application creates practical difficulties or unnecessary hardships and the variance will be in harmony with the chapter’s purpose; the Administrator must make written findings and consider specific factors such as flood risk, compatibility, General Plan consistency, alternative locations, and safety of access § 7-27-1265; § 7-27-1280 .

Do floodplain properties have different variance rules in Tulare County?

Yes. Flood-related variances must be the minimum necessary, cannot be granted in a floodway if they would increase flood heights, require a showing of good and sufficient cause and exceptional hardship, and the applicant must be notified of potential higher flood insurance costs § 7-27-1300 .

Who issues variances in unincorporated Tulare County and can decisions be appealed?

The Zoning Administrator issues variances; decisions must be written with factual findings and are subject to appeal to the Board of Supervisors under the County’s appeal provisions (appeal deadlines and fees apply) § 7-27-1275; § 7-27-1315 .

Are there fee rules or forms required for a variance application?

Yes. Applications must be in writing on the form prescribed by the Resources Management Agency Director and the Board of Supervisors sets the fee schedule; an additional automation fee is noted § 7-27-1270 .

What findings does the County require to grant an exception on a subdivision improvement standard?

The decision-making body must find: (a) special circumstances affecting the property, (b) the exception is appropriate to design/function, (c) it won’t be detrimental to public welfare or injurious to nearby property, (d) consistent with Article 1 purposes and the Subdivision Map Act, and (e) consistent with the General Plan § 7-01-2645 .

Can a use permit substitute for a variance in some cases?

Yes — when the proposed construction or substantial improvements have been approved via the Zoning Ordinance’s use permit provisions, a separate variance under the flood chapter need not be required; review the interplay between use permits and variances in § 7-27-1305 .

What happens if a variance is granted with conditions and those conditions are violated?

A variance granted with conditions may be revoked by the Zoning Administrator if conditions are violated; the revocation follows the same procedures as granting a variance (including appeal rights) § 7-27-1310 .

Which zones does the County explicitly list as “agricultural land” for Right-to-Farm protections?

The County’s Right-to-Farm definitions list AE, AE-10, AE-20, AE-40, AE-80, A-1, AF, and TPZ as agricultural land for purposes of that Article § 7-29-1000 .

Where can I find numeric setbacks, lot sizes, and permitted uses for R, C, or M zones?

The full permitted-use tables and dimensional standards are contained in the Tulare County Zoning Ordinance (Ordinance No. 352). The retrieved materials reference Ordinance No. 352 but do not include all numeric zone tables here — Verify with County Planning or the Ordinance No. 352 text. Not found in retrieved materials.

If my project requires both a subdivision exception and a variance, which process do I file first?

If the exception is related to a tentative subdivision map, file the exception at the same time as the tentative map so the Planning Commission considers the exception during the tentative map hearing; filing after approval triggers additional processing and fees § 7-01-2625–2650 .

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