Local zoning · Westmorland

Westmorland — Variances and Exceptions

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

Last reviewed: July 6, 2026

Overview

Westmorland’s zoning ordinance (Ordinance No. 13-01) provides two main relief valves when strict standards don’t fit a site: a discretionary Variance and narrow, code-written Exceptions/Modifications. Variances are decided by the Planning Commission after notice and hearing and require four specific findings. Exceptions live in the code itself and can be used ministerially or with limited discretion (for example, front setback averaging, height projections, and reasonable accommodation). See § 5.04 for variances and § 4.03 for exceptions.

Most important rule: A variance in Westmorland cannot legalize a use that the zone does not allow; it can only adjust standards like setbacks or height. See § 5.04(a).

What a Variance is in Westmorland

Purpose is to relieve practical difficulties or unnecessary hardships when strict application of the code to a uniquely constrained parcel would be inconsistent with the ordinance’s intent. The City may impose protective conditions. See § 5.04(a)–(b).
Process: Application to the City Clerk (fee set by Council resolution), Planning Commission public hearing within 30 days (60 if an EIR is required), mailed notice to owners within 300 feet and posted on/near the site. See § 5.04(c)(i)–(ii).
Decision: Commission acts within 30 days after the hearing; appeals to the City Council must be filed within 10 days. See § 5.04(c)(iii)–(iv).
Findings (all four must be met): unique circumstances; no special privilege; no material detriment; consistent with the General Plan. See § 5.04(c)(iii)1–4.
Expiration/Extension: Variances expire if construction hasn’t commenced within 180 days; one extension up to one year may be granted. Revocation is possible for non-compliance with conditions. See § 5.04(b)(ii) and Revocation of Variances.

What an Exception/Modification is in Westmorland

Exceptions and modifications are built into the code and can be used without a variance:

Front setback averaging for an “intervening lot” between two developed lots with substandard fronts. See § 4.03(a).
Height projections: chimneys, spires, towers, aerials, and similar non-occupiable vertical projections are exempt from height limits. See § 4.03(b).
Reasonable accommodation for persons with disabilities: a ministerial, no-fee process handled by the Planning Director (or Building Official reference within § 4.03), with required findings and 15-day written determination timelines. See § 4.03(c) and § 6.03(d)–(f).
Minor deviation for fences along streets if specific safety findings are made by the Planning Commission. See § 4.07(a).

Related topics you may need to check as you plan relief requests: zoning districts, baseline development standards, parking, design review, overlay districts, ADUs, and signage.

How the Variance Process Works (At-a-Glance)

Filing: City Clerk accepts applications and fees (fee by Council resolution). See § 5.04(c)(i).
Hearing: Planning Commission within 30 days of complete filing (60 with EIR). See § 5.04(c)(ii)1.
Notice: Mail to owners within 300 feet; post three conspicuous notices on/near the site at least 10 days before hearing. See § 5.04(c)(ii)2.
Action: Approve/deny with findings; conditions may be imposed to protect public health, safety, and welfare. See § 5.04(b), (c)(iii).
Appeals: City Council review on written appeal within 10 days; the Council may affirm, reverse, or modify. See § 5.04(c)(iv).
Duration/Revocation: Expires after 180 days if no start of construction (extendable up to one year); may be revoked after noticed hearing for condition violations. See § 5.04(b)(ii) and Revocation.

Decision-Relevant Relief Tools (What to use, when)

Topic	Westmorland rule	Code Reference
Use variances	Not allowed; a variance cannot permit a non-allowed use in a zone	§ 5.04(a)
Variance findings	Must prove unique circumstances, no special privilege, no public detriment, and General Plan consistency	§ 5.04(c)(iii)1–4
Hearing and noticing	Commission hearing within 30 days (60 with EIR); notice to 300 ft and three posted notices 10 days prior	§ 5.04(c)(ii)
Duration	Variance void after 180 days if no construction; one extension up to 1 year	§ 5.04(b)(ii)
Revocation	Possible for non-compliance with conditions after noticed hearing	Revocation of Variances (following § 5.04)
Front-yard averaging	Ministerial front setback averaging on “intervening lot” between substandard setbacks	§ 4.03(a)
Height projections	Chimneys/spires/towers and similar non-occupiable projections not counted in height	§ 4.03(b)
Reasonable accommodation	No-fee, ministerial process with 15-day action, required findings; can be elevated to CUP if non-ministerial	§ 4.03(c); § 6.03(d)–(f)
Minor fence deviations	Up to 6-ft fence at street with Commission findings re: health/safety/visibility	§ 4.07(a)
Density bonus waivers	Affordable/senior projects may request waivers/reductions of development standards when needed to make units feasible	§ 6.04(f)(3)–(5)

District-by-District: How standards tie to variances and exceptions

Use this to spot what you might seek relief from. Always start with base standards, then evaluate if an exception applies; if not, consider a variance with findings. See the city’s development standards and parking chapters referenced below.

R-1 — Single Family Residential

Purpose/uses: Single-family residential area; conditional uses include second dwelling units with specific limits. See § 3.01(c).
Key standards: The R-1 district sets a 20 ft front setback, 5 ft side setback (8 ft street side on corners), 20 ft rear setback, 35 ft height, and 50% max lot coverage; off-street parking per § 4.05. See § 3.01(d) and § 4.05.
Variance touchpoints: Front-yard averaging may reduce the front setback where adjacent lots are substandard (§ 4.03(a)); height projections may exceed height (§ 4.03(b)); variance needed for other dimensional relief with findings.

R-2 — Low/Medium Densities Multifamily

Purpose/uses: Builds on R-1; permits two- and three-family dwellings; four or more units (under 15) are conditional. See § 3.02(b)–(c).
Key standards: Density: 2,000 sf/unit; lot min 7,000 sf; 20 ft front; 5/8 ft side (interior/corner); 20 ft rear; 35 ft height; 50% coverage; parking per § 4.05. See § 3.02(d) and § 4.05.
Variance touchpoints: Same exceptions for front averaging/height projections (§ 4.03).

R-4 — High Density Multifamily

Purpose/uses: High-density residential; some multifamily allowed by CUP; mobile home parks allowed subject to § 4.10. See § 3.03(a)–(c).
Key standards: Density: 1,500 sf/unit; lot min 7,500 sf; 15 ft front; 5/8 ft side; 20 ft rear; 35 ft height; 50% coverage; parking per § 4.05. See § 3.03(d) and § 4.05.
Variance touchpoints: Same as above; consider density-bonus waivers if including income-restricted units (§ 6.04).

C — Commercial

Purpose/uses: General retail, office, commercial recreation, hotels/motels, parking lots, transportation terminals; auto repair and other heavier uses by CUP. See § 3.05(a)–(c).
Key standards: Typical C lots show 10 ft front, no interior side minimum (corner side 10 ft), and context buffers to “R” zones; 35 ft height; 80% coverage; off‑street loading and signs per §§ 4.06, 4.08. See § 3.05(d), § 4.06, § 4.08.
Variance touchpoints: Dimensional relief via variance; exceptions cover height projections (§ 4.03(b)).

I — Industrial

Purpose/uses: Wholesale, warehousing, manufacturing/assembly/processing; some high-traffic/public assembly uses and hazardous storage by CUP. See § 3.06(a)–(c).
Key standards: 15 ft front; 10 ft corner side; 15 ft when adjoining “R” on a side; additional standards apply (verify rear/height where needed). See § 3.06(d).
Variance touchpoints: Industrial sites often use variances for yard transitions to “R” zones; fence standards include special walls at residential edges; minor fence deviations may be granted with findings. See § 4.07.

OS — Open Space

Purpose/uses: Resource conservation, managed production, recreation, and public health/safety areas; commercial recreation and certain civic uses by CUP. See § 3.07(a)–(c).
Key standards: Includes rear-yard buffers to “R” zones and cross-references to parking/loading/signs and fencing. See § 3.07(d); §§ 4.05–4.08.

-RV — Recreational Vehicle Park Overlay

Purpose/uses: Allows RV parks as an overlay, in addition to underlying zone uses; if overlay conflicts with base zone, the more stringent rule applies. See § 3.04(a), (c).
Key standards: Lot min 1.5 acres; 15 ft front; landscaped buffers to “R” zones; 35 ft height; 80% coverage; on-site recreation and sanitation facilities; plus parking and signs cross-referenced. See § 3.04(d).
Variance/exception touchpoints: Dimensional relief may be sought by variance; height projections exception still applies (§ 4.03(b)).

How Exceptions Interact with Other Approvals

Reasonable accommodation is ministerial when tied to disability-related physical improvements; if non-ministerial, it goes to the Planning Commission (as a CUP) with specialized findings. See § 6.03(d)–(f).
State Density Bonus law as codified locally allows applicants to request waivers of development standards when needed to make the affordable units feasible—this is separate from a variance and follows § 6.04.

Checklist

Confirm the base district and any overlay affecting the parcel (verify on the City’s zoning map; if uncertain, consult staff). Not found in retrieved materials.
Identify the exact standard(s) you need relief from (setbacks, height, lot coverage, parking, etc.), then check whether a code-written exception in § 4.03 already solves it.
If an exception does not apply, prepare a variance application that addresses all four required findings in § 5.04(c)(iii)1–4 with parcel-specific evidence.
Provide noticing materials for owners within 300 feet and post on/near the site per § 5.04(c)(ii).
Anticipate conditions of approval to protect health/safety/welfare per § 5.04(b).
Calendar the 180-day variance effective window and request an extension if needed (up to one year) under § 5.04(b)(ii).
If applicable, consider a § 6.04 density bonus waiver path instead of—or in addition to—a variance for qualified affordable/senior projects.

Risks & Ambiguities

Issue	Why it matters	What to verify
Use variances are prohibited	Seeking a non-allowed use via variance will be denied	Confirm the use table for your zone and whether a CUP or land use reclassification is needed; see § 5.04(a).
Proving all four findings	Missing any one finding can sink the variance	Tie each finding in § 5.04(c)(iii) to site-specific constraints and General Plan consistency.
180-day lapse	Variances expire quickly if work doesn’t start	Construction “commencement” isn’t defined here—ask staff what evidence counts; see § 5.04(b)(ii).
Notice radius and postings	Improper notice can delay or invalidate actions	Prepare 300-ft list and 3 postings at least 10 days before hearing; see § 5.04(c)(ii).
RA vs. Variance	Reasonable accommodation may be faster and ministerial	If disability-related, use § 6.03(d)–(f) rather than a variance; coordinate with staff.
Overlays and base zone conflicts	Overlay may impose stricter standards	Apply the more stringent rule in -RV; see § 3.04(a).

Information Gaps

Full list of “permitted uses” in R-1 not fully shown in retrieved excerpts. Not found in retrieved materials.
Complete rear-yard/height metrics for the Industrial (I) zone beyond the front/corner side minima are partially shown. Verify with the jurisdiction.
Official Zoning Map reference (parcel-by-parcel application) is listed in the contents but the map text itself was not retrieved. Not found in retrieved materials.

Plain-English Summary

If a strict rule (like a setback) keeps you from using your lot like your neighbors, Westmorland lets you ask the Planning Commission for a variance—so long as you prove four things, from unique site constraints to no special privilege and no harm to neighbors or the General Plan. Before you pursue a variance, check the ordinance’s built-in exceptions (front‑yard averaging, height projections, reasonable accommodation), and for affordable or senior projects, consider the density bonus “waiver” route, which isn’t a variance but can relax standards when needed.

Source References

Variances: § 5.04 (a)–(c), Revocation of Variances (following § 5.04) — City of Westmorland Zoning Ordinance (Ord. 13‑01).
Exceptions and Modifications: § 4.03(a)–(c) (front-yard averaging, height projections, reasonable accommodation).
Reasonable Accommodation procedures/findings: § 6.03(d)–(f).
Minor fence deviation: § 4.07(a).
Density Bonus & Waivers: § 6.04(f).
R-1: § 3.01(c)–(d); R-2: § 3.02(b)–(d); R-4: § 3.03(a)–(d); C: § 3.05(a)–(d); I: § 3.06(a)–(d); OS: § 3.07(a)–(c); RV Overlay: § 3.04(a)–(d).
General ordinance structure/table of contents: Ordinance No. 13‑01.

Sources

Retrieved passages

Westmorland Zoning Code (SECTION 5.05) High relevance
Westmorland Zoning Code (SECTION 5.04) High relevance
Westmorland Zoning Code (SECTION 5.03) High relevance
Westmorland Zoning Code (SECTION 5.05) Medium relevance
Westmorland Zoning Code (Section 65589.5) Medium relevance
Westmorland Zoning Code (Section 18907) Medium relevance
Westmorland Zoning Code Medium relevance
Westmorland Zoning Code (SECTION 4.01) Medium relevance
Westmorland Zoning Code Medium relevance
Westmorland Zoning Code (ARTICLE I.) Medium relevance
Westmorland Zoning Code (Section 4.5) Medium relevance
CBC § 5.02 (Section 5.02) Medium relevance
CBC § 66314 (§ 66314) Medium relevance
Westmorland Zoning Code (Section 33334.2) Medium relevance
Westmorland Zoning Code (SECTION 4.01) Medium relevance
Westmorland Zoning Code (SECTION 4.07) Medium relevance
CBC § 4.7 (Section 4.7) Medium relevance
Westmorland Zoning Code (§ 66314) Medium relevance
California Building Code Medium relevance

Cited sections

Variances: **§ 5.04 (a)–(c)**, Revocation of Variances (following § 5.04) — City of Westmorland Zoning Ordinance (Ord. 13‑01). (§ 5.04)
Exceptions and Modifications: **§ 4.03(a)–(c)** (front-yard averaging, height projections, reasonable accommodation). (§ 4.03)
Reasonable Accommodation procedures/findings: **§ 6.03(d)–(f)**. (§ 6.03)
Minor fence deviation: **§ 4.07(a)**. (§ 4.07)
Density Bonus & Waivers: **§ 6.04(f)**. (§ 6.04)
R-1: **§ 3.01(c)–(d)**; R-2: **§ 3.02(b)–(d)**; R-4: **§ 3.03(a)–(d)**; C: **§ 3.05(a)–(d)**; I: **§ 3.06(a)–(d)**; OS: **§ 3.07(a)–(c)**; RV Overlay: **§ 3.04(a)–(d)**. (§ 3.01)
General ordinance structure/table of contents: Ordinance No. 13‑01.
Westmorland_ZoningCode.md

Frequently asked questions

What are the required findings for a variance in Westmorland?

You must show: unique circumstances of the property; that no special privilege is granted; that there’s no material detriment to public health/safety/welfare; and that the variance won’t adversely affect the General Plan. All four must be proven for approval under § 5.04(c)(iii)1–4.

How far does the City mail notices for a variance hearing, and how soon?

Notices are mailed to owners within 300 feet and posted in three conspicuous places on or near the site at least 10 days before the Planning Commission hearing. The hearing is set within 30 days of filing (60 if an EIR is required) per § 5.04(c)(ii).

Can I get a variance to allow a use my zone doesn’t permit?

No. Westmorland prohibits use variances. A variance can adjust development standards (like setbacks) but cannot authorize a use that the zone does not allow, per § 5.04(a).

Do I have to start construction by a deadline after a variance is granted?

Yes. A variance becomes void if construction doesn’t commence within 180 days after it takes effect. The Planning Commission may extend the authorization once, up to one year, under § 5.04(b)(ii).

Is there a faster path than a variance for disability-related improvements?

Yes. Westmorland provides a ministerial reasonable accommodation process (no fee) for disability-related improvements, with a 15-day written determination. If non-ministerial, it’s forwarded to the Planning Commission. See § 4.03(c) and § 6.03(d)–(f).

Can I use front-yard averaging to reduce my setback without a variance?

Often yes. If your lot sits between two developed lots within 100 feet that both have less-than-required front yards, your required front setback may be averaged down under § 4.03(a).

How do density bonus “waivers” differ from variances?

They’re not variances. In qualifying affordable or senior projects, the City “shall not apply” standards that would preclude the project at allowed densities, and applicants may request waivers/reductions needed to achieve feasibility under § 6.04(f). Findings differ from variance findings.

Who hears an appeal of a variance decision?

Appeals go to the City Council, which can affirm, reverse, or modify the Planning Commission’s action. The appeal window is 10 days after the Commission’s decision per § 5.04(c)(iv).

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