Chapter 17.93 — MODIFICATIONS TO DEVELOPMENT STANDARDS

Sections

17.93.010 Purpose 17.93.020 Definitions 17.93.030 Processing 17.93.040 Standards

It is the purpose of this process to allow flexibility in design through the approval of modified standards when the application of such modified standards would achieve a substantial improvement over that permitted by the underlying zone; or promote the development of infill areas or assist in the use of difficult to develop parcels.

As used in this chapter:

Difficult to develop parcels. “Difficult to develop parcels” means circumstances applying to the site such as size, shape or topography which do not apply generally to land in the vicinity with the same zoning.

Infill areas. “Infill areas” means the development of new housing or other buildings on scattered, vacant sites in a built-up area. These can be either single vacant lots, under-utilized lots or smaller undeveloped pieces of land which have been bypasses for previous development.

For projects involving a discretionary permit, a request to modify a development standard shall be processed as part of the discretionary permit process. For projects not involving a discretionary permit, the director shall review each request to modify a development standard and make a decision on whether to grant the modification within fifteen days after the date of the filing of such request. The denial by the director of a request to modify a development standard shall not prohibit or affect the right of the applicant to file an application for a variance pursuant to the provisions of Chapter 17.80 of this title.

The following standards shall be considered as minimum:

• A. Setbacks.

City of Dinuba Zoning Ordinance

September 2008 17.92-1

• B. Density. The density of sites approved under modified standards shall not exceed the density allowed under the underlying zone. When computing density, public and private street rightsof-way shall be deducted from the gross area of the project site.

• C. Individual lot dimensions shall conform on the average to the requirements of the underlying district as defined in the appropriate zoning section. No corner lot in any circumstances shall be less than sixty feet in width. No interior lot shall be less than fifty feet in width. No more than five (5) consecutive lots with widths less than that permitted in the underlying zone.

• D. Area and lot dimension requirements. Area and lot dimension requirements may be reduced by not more than ten percent of that required in the district.

• E. Yard requirements. Yard requirements may be reduced by permitting portions of a building or structure to extend into and occupy not more than ten percent of the area of a required yard.

• F. Building height. Maximum building height requirements may be increased by not more than ten percent.

• G. Reconstruction or remodeling. The reconstruction or remodeling of nonconforming buildings may be permitted if, in the director’s judgment, it will bring such buildings and subsequent use into greater conformity with the use permitted in the district.

• H. Wall and fencing. Wall and fencing requirements in the P, PO, C and M districts may be waived provided adjacent residential parcels are proposed for nonresidential use as shown on an adopted general plan. Residential fencing may be increased to a height not to exceed seven feet.

• I. Sign size. Maximum sign size may be increased by not more than ten percent.

City of Dinuba Zoning Ordinance

September 2008 17.92-2