Dinuba Municipal Code Art. I Variances

The purpose of this chapter is to establish procedures for processing applications for variances, minor deviations and reasonable accommodations requests. Variances are addressed in Sections 17.59.020 through 17.59.120; minor deviations are addressed in Sections 17.59.130 through 17.59.170, and reasonable accommodations are addressed in Sections 17.59.180 through 17.59.220.

(Ord. 2025-01 § 2 (Exh. 1), 2025)

The planning commission may grant a variance from district regulations, including setbacks, lot dimensions, height of structures, lot coverage, parking and loading standards, and sign regulations, but shall not apply to types of uses.

(Ord. 2025-01 § 2 (Exh. 1), 2025)

An application for a variance shall be made to the planning department on a form prescribed by the department. The application shall be accompanied by a fee set by resolution of the city council.

(Ord. 2025-01 § 2 (Exh. 1), 2025)

Upon receipt of a variance application, the planning department shall prepare a notice for a public hearing consistent with the requirements contained in Chapter 17.05 (Public Hearings).

(Ord. 2025-01 § 2 (Exh. 1), 2025)

The planning department shall prepare a report on the variance application. The department shall provide a recommendation based on the following findings, which are pursuant to California Government Code Section 65906.

A. That there are special circumstances applicable to the property, including size, shape, topography, location or surroundings, and that the strict application of this title deprives such property of privileges enjoyed by other property in the vicinity and under identical classifications;

B. That granting a variance is necessary for the preservation and enjoyment of a substantial property right possessed by other properties in the same vicinity and district and denied to the property for which the variance is sought;

C. That granting the variance will not be materially detrimental to the public health, safety, or welfare, or injurious to the property or improvements in such vicinity and district in which the property is located;

D. That granting the variance does not constitute a special privilege inconsistent with the limitations upon other properties in the vicinity and district in which such property is located;

E. That granting the variance does not allow a use or activity which is not otherwise expressly authorized by the regulations governing the subject parcel; and

F. That granting the variance will not be inconsistent with the general plan.

(Ord. 2025-01 § 2 (Exh. 1), 2025)

Following the public hearing, the planning commission shall take action on the variance. The commission can approve, approve with conditions or deny the variance based on the finding listed above. To approve a variance, the commission shall find that all of the above findings are true. The commission’s decision shall be final unless appealed to the city council consistent with the requirements contained in Chapter 17.63 (Appeals).

Within ten days of adopting a resolution on the variance, the commission shall transmit a copy of its resolution to the person that filed the variance application.

(Ord. 2025-01 § 2 (Exh. 1), 2025)

The planning commission can approve a variance subject to conditions. Such conditions will assure that the approved variance shall not constitute a grant of a special privilege inconsistent with the limitations upon other properties in the vicinity and district in which the subject property is located.

(Ord. 2025-01 § 2 (Exh. 1), 2025)

Upon an appeal of the planning commission’s action, the city council shall hold a public hearing and take action by resolution on the variance. The council shall consider the commission’s decision, the claims contained in the appeal, and the findings contained in Section 17.59.050. The council can approve, approve with modifications or deny the decision of the planning commission. The decision of the council shall be final. The variance shall become effective three days following the date of council approval. Within ten days of adopting a resolution on the variance, the council shall transmit a copy of its resolution to the person who filed the variance application.

(Ord. 2025-01 § 2 (Exh. 1), 2025)

A variance shall lapse and become void one year from the date it became effective, unless conditions of the variance allow a greater time, or unless a building permit is issued by the chief building official and construction has commenced on the use that is the subject of the variance.

(Ord. 2025-01 § 2 (Exh. 1), 2025)

Following the denial or revocation of a variance, no application for the same or substantially the same variance shall be filed within one year of the date of denial or revocation.

(Ord. 2025-01 § 2 (Exh. 1), 2025)

A variance shall run with the land and shall continue to be valid upon change of ownership of the property or structure which was the subject of the variance application.

(Ord. 2025-01 § 2 (Exh. 1), 2025)