Dinuba Municipal Code Art. II Minor Deviations

The purpose of this article is to provide a mechanism whereby minor deviations from district regulations can be granted by the planning director. A minor deviation may be granted for up to twenty percent for zoning standards identified in Section 17.59.130. Any minor deviation that exceeds the deviation percentage explained above shall be processed as a variance consistent with the regulations detailed in the requirements for variances in this chapter. Minor deviations shall only be granted when practical difficulties, unnecessary hardships and conditions inconsistent with the purpose and objectives of this title may result from the strict application of certain provisions of this title. The granting of a minor deviation and its associated conditions shall not constitute a special privilege inconsistent with the limitations on other properties in vicinity and in other like districts in Dinuba.

(Ord. 2025-01 § 2 (Exh. 1), 2025)

The planning director may grant a minor deviation from district regulations for the following:

A. Reduction of lot area, lot dimensions, space between buildings, yard space, setback requirements, or population density requirements by not more than twenty percent.

B. Increase of lot coverage or height limitations by not more than twenty percent.

C. Permission to repair or remodel a nonconforming structure if the work will bring the structure and the subsequent use into greater conformity with the property development standards of the zoning district in which the structure is located.

(Ord. 2025-01 § 2 (Exh. 1), 2025)

An application for a minor deviation 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)

The planning director shall prepare a report on the minor deviation application and shall review the following findings with regard to a minor deviation:

A. There are special circumstances applicable to the property, including size, shape, topography, location or surroundings or unclear property lines, where the strict application of this title deprives such property rights possessed by other properties in the same vicinity or other properties that have the same district classification;

B. That granting a minor deviation is necessary for the preservation and enjoyment of a substantial property right possessed by other property in the same vicinity or other properties that have the same district classification;

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

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

(Ord. 2025-01 § 2 (Exh. 1), 2025)

Minor deviations may be processed as an administrative matter by the planning director. Following a review of a minor deviation application and the findings listed above, the planning director may take action on the minor deviation. The planning director can approve, approve with conditions or deny the minor deviation based on the findings listed above. Following a decision by the planning director, an administrative resolution shall be prepared that outlines the findings and conditions of the decision.

The director’s decision shall be final unless appealed to the planning commission consistent with the requirements contained in Chapter 17.63 (Appeals). Within ten days of approving the minor deviation, the director shall transmit a copy of the administrative resolution to the person that filed the minor deviation application.

(Ord. 2025-01 § 2 (Exh. 1), 2025)

The director can approve a minor deviation subject to conditions. Conditions will assure that the approved minor deviations shall not constitute a grant of a special privilege inconsistent with the limitations upon other properties in the vicinity and district in which such property is situated.

(Ord. 2025-01 § 2 (Exh. 1), 2025)