Fowler Municipal Code Ch. 9.60 Minor Deviation

Exceptions to development standards may be necessary to allow creative design solutions and to accommodate unique site conditions. The Minor Deviation process allows minor exceptions from certain requirements of this Title to be approved at the administrative level to provide relief from the unintended consequences of the strict application of development standards.

Minor Deviations do not apply to land use or density and shall not waive or modify a specific prohibition or procedural requirement. A Minor Deviation may be applied to the following development standards in any zone to the maximum reduction or increase as specified.

A. Reduce area or lot dimension requirements to a maximum exception of ten percent (10%).

B. Reduce required setbacks to a maximum exception of ten percent (10%).

C. Increase building height to a maximum exception of ten percent (10%).

D. Increase lot coverage to a maximum of ten percent (10%) or up to one thousand (1,000) square feet, whichever is lesser.

E. Increase residential fence, wall, and screen (height only) to a maximum of seven (7) feet.

F. Wall and fencing requirements in the PF, C, and M Districts may be waived provided adjacent residentially zoned or developed parcels are proposed for nonresidential use as shown on the adopted General Plan.

G. Reduce off-street parking requirements (excluding stall and aisle dimensions) to a maximum of ten percent (10%).

H. Increase sign letter height to a maximum of ten percent (10%). Increase sign area to a maximum of ten percent (10%).

I. Reconstruction or remodeling of a nonconforming structure only where it would bring such nonconforming structure, and its subsequent use, into greater conformity with the uses permitted or standards required in that zone.

J. Minor exceptions as determined by the Director that provide relief of no more than ten percent (10%) from the identified standard and meet the intent and purpose of this Title.

A. Application Filing and Processing. Applications for a Minor Deviation shall be filed and processed in accordance with the applicable procedures contained in Chapter 9.30 (Common Application Processing Procedures).

B. Application Fees. Application fees shall be collected in accordance with Section 9.30.020 (Applications and Fees).

Applications for a Minor Deviation shall be reviewed and approved by the Director. As the designated approving authority, the Director is authorized to approve, conditionally approve, or deny an application for a Minor Deviation.

No public hearing is required prior to taking action on an application for a Minor Deviation.

In approving an application for a Minor Deviation, the Director may impose reasonable and appropriate conditions in order to achieve the purposes of this Title, ensure consistency with the goals and policies of the adopted General Plan, and justify making the necessary findings.

Prior to approving an application for a Minor Deviation, the Director shall make all the following findings:

A. The proposed development is compatible with existing and proposed land uses in the surrounding area.

B. Any exceptions to or deviations from the requirements or development standards of this Title result in the creation of appropriate and necessary project design solutions that would not otherwise be possible.

C. Granting the minor deviation will not adversely affect the interests of the public or residents and property owners in the vicinity of the project.

D. The proposed development is consistent with the purposes of the General Plan or any applicable Specific Plan or development agreement.

Written Notice of Decision shall be provided within three (3) business days of the date of decision to the applicant and interested parties who have requested notices in writing. The notice shall include:

A. The application request as acted upon by the Director.

B. The action taken by the Director.

C. Findings as listed for the permit.

D. The deadlines, criteria, and fees for filing an appeal.

Minor Deviations shall become effective on the date of approval unless a timely appeal has been filed. Upon filing of a timely appeal, the effective date shall be suspended until such time that final action is taken on the appeal.

Actions taken on an application for a Minor Deviation are subject to appeal. Appeals shall be processed in accordance with Section 9.30.090 (Appeals of Discretionary Actions).

Minor Deviations shall expire two (2) years from the date the approval was granted, unless the permit has been exercised in accordance with Section 9.30.100 (Permit Time Limits, Expiration, and Extensions).

The expiration date of a Minor Deviation may be extended in accordance with Section 9.30.100, Subsection (C) (Permit Extensions).

Any amendments affecting an approved Minor Deviation shall be handled as a new application.