Chapter 860.5 — VARIANCES/MINOR DEVIATIONS
Fresno County Zoning Code · 2026-06 edition · ingested 2026-07-06 · Fresno County
860.5.010 - Purpose of Chapter ¶
A. Purpose. The purpose of this Chapter is to ensure that:
Variances and Minor Deviations are only granted when, because of special circumstances applicable to the property, the strict application of this Zoning Ordinance denies the owner of the property privileges enjoyed by other property located nearby and in an identical zone; and
Conditions are applied which would ensure that the Variance or Minor Deviation shall not constitute a granting of special privilege(s) inconsistent with the limitations upon other property in the vicinity and zone in which the property is located.
B. Not land uses. Does not extend to land uses.
The power to grant Variances and Minor Deviations does not extend to allowable land uses.
Flexibility in allowable land uses is provided in Chapters 842.5 (Conditional Use Permits) and 846.5 (Director’s Review and Approvals).
860.5.020 - Review Authority ¶
A. Responsibility. The applicable review authority shall approve, approve with conditions, or deny Variance and Minor Deviation applications, and impose conditions deemed reasonable and necessary to ensure compatibility with surrounding uses, to preserve the public convenience, health, interest, safety, or welfare, and necessary to make the findings required by Section 860.5.060 (Findings and Decision) below.
B. Applicable review authority. Variances and Minor Deviations may be granted in compliance with the following:
1. Director. The Director may grant Minor Deviations, or may defer action and refer the application to the Commission, in compliance with Section 860.5.030, below, and State law; and
2. Commission. The Commission may grant Variances in compliance with Section 860.5.030, below, and State law.
860.5.030 - Applicability ¶
- A. Minor Deviations. The Director may grant a Minor Deviation for only those requirements specified in Table 5-1 (Types of Minor Deviations Allowed), below.
Final Zoning Ordinance
February 2024
5-38
FRESNO COUNTY ORDINANCE CODE - DIVISION 6, ZONING ORDINANCE
Chapter 860.5
Variances/Minor Deviations
TABLE 5-1 TYPES OF MINOR DEVIATIONS ALLOWED
| Maximum | |
|---|---|
| Types of Minor Deviations Allowed | |
| Deviation | |
| 1. **Allowable height of a fence, hedge, or wall.**An increase of the allowed maximum height of a fence, hedge, or wall. |
Up to two additional feet over the allowed height. |
| 2. **Distances between structures.**A decrease of the minimum required distances between detached accessory structures and main structures on the same site. |
15 percent |
| 3. **Parcel coverage.**An increase of the maximum allowable parcel coverage. |
10 percent |
| 4. **Parcel dimensions (e.g., area, depth, or width).**A decrease in the minimum requiredparcel area, parcel depth,orparcel width. |
15 percent |
| 5. **Parking and loading requirements.**Reduction in the number of required off-street parking and loading spaces and/or of off-street parking space design,layout,and landscape standards. |
15 percent |
| 6. **Projections.**An increase in the allowed projection of eaves, fireplaces, landings, masonry chimneys, overhangs, stairways, and steps into any required front,side,or rear setbacks. |
10 percent |
| 7. **Reduction of landscape standards.**Reduction of required on-site landscapingstandards. |
15 percent |
| 8. **Setbacks.**A decrease of the minimum required setback areas (e.g., front, rear,side,and street side)for structures. |
15 percent |
| 9. **Structure heights.**An increase in the maximum allowed height of structures. |
10 percent |
| 10. **Nonconforming structures.**Reconstruction or remodeling of a nonconforming structure if, in the Director’s judgment, it will bring the structure and subsequent use into greater conformity with the uses allowed in the subject zone. |
- B. Variances. The Commission may grant an adjustment from any of the requirements of this Zoning Ordinance, except for procedural requirements.
860.5.040 - Application Filing, Processing, and Review ¶
A. Filing. An application for a Variance or Minor Deviation, together with the required fee in compliance with the Master Schedule of Fees, shall be filed with the Department in compliance with Chapter 838.5 (Application Filing, Processing, and Fees).
B. Contents. The application shall be accompanied by detailed and fully dimensioned plans, architectural drawings/sketches, elevations, and/or any other data/materials specified in the most up-to-date Department handout for Variance or Minor Deviation applications.
C. Project review procedures. Following receipt of a completed application, the Director shall make an investigation of the facts bearing on the case to provide the information necessary for action consistent with the purpose of this Chapter.
Final Zoning Ordinance
February 2024
5-39
FRESNO COUNTY ORDINANCE CODE - DIVISION 6, ZONING ORDINANCE
Variances/Minor Deviations
Chapter 860.5
D. Notice and public hearing requirements.
1. Variances.
a. A public hearing shall be required for the Commission’s decision on a Variance.
b. The public hearing shall be scheduled once the Director has determined the application complete.
c. Notice of the public hearing shall be given and the hearing shall be conducted in compliance with Chapter 874.6 (Public Hearings).
2. Minor Deviations. A public hearing shall not be required for the Director’s decision on a Minor Deviation application; however, the Director shall have the discretion to provide notice (e.g., posting the subject parcel).
860.5.050 - Project Review ¶
Each Variance and Minor Deviation application shall be analyzed to ensure that the application is consistent with the intent and purpose of this Chapter.
860.5.060 - Findings and Decision ¶
A. Review authority’s action. The Commission (Variance) or the Director (Minor Deviation) shall record the decision in writing and shall recite the findings upon which the decision is based, in compliance with State law (Government Code Section 65906 or as this section may be amended/replaced from time to time).
B. Referral. The Director may defer action on a Minor Deviation application and refer the application to the Commission.
C. Required Minor Deviation findings. The applicable review authority may approve an application, with or without conditions, only if all of the following findings are first made:
There are exceptional or extraordinary circumstances or conditions applicable to the property involved which do not apply generally to other property in the vicinity having the identical zoning classification;
The Minor Deviation is necessary for the preservation and enjoyment of a substantial property right of the applicant, which right is possessed by other property owners under like conditions in the vicinity having the identical zoning classification;
The granting of the Minor Deviation will not be materially detrimental to the public welfare or injurious to property and improvement in the vicinity in which the property is located; and
Final Zoning Ordinance
February 2024
5-40
FRESNO COUNTY ORDINANCE CODE - DIVISION 6, ZONING ORDINANCE
Variances/Minor Deviations
Chapter 860.5
- The granting of the Minor Deviation will not be contrary to the objectives of the General Plan.
D. Required Variance findings. The applicable review authority may approve an application, with or without conditions, only if all of the following findings are first made:
There are exceptional or extraordinary circumstances or conditions applicable to the property involved which do not apply generally to other property in the vicinity having the identical zoning classification;
The Variance is necessary for the preservation and enjoyment of a substantial property right of the applicant, which right is possessed by other property owners under like conditions in the vicinity having the identical zoning classification;
The granting of the Variance will not be materially detrimental to the public welfare or injurious to property and improvement in the vicinity in which the property is located; and
- The granting of the Variance will not be contrary to the objectives of the General Plan.
860.5.070 - Denial of Minor Deviation ¶
The Director’s decision to deny a Minor Deviation application shall not prohibit or affect the right of the applicant to file an application for a Variance in compliance with Subsection 860.5.030 B. (Variances), above.
860.5.080 - Precedents ¶
Each application shall be reviewed on an individual case-by-case basis and the granting of a prior Variance or Minor Deviation is not admissible evidence for the granting of a new Variance or Minor Deviation.
860.5.090 - Burden of Proof ¶
The burden of proof to establish the evidence in support of the findings, required by Section 860.5.060 (Findings and Decision), above, is the responsibility of the applicant.
860.5.100 - Conditions of Approval ¶
In approving a Variance or Minor Deviation application, the review authority may impose conditions deemed reasonable and necessary to ensure that the approval would be in compliance with the findings required by Section 860.5.060 (Findings and Decision), above.
Final Zoning Ordinance
February 2024
5-41
FRESNO COUNTY ORDINANCE CODE - DIVISION 6, ZONING ORDINANCE
Chapter 860.5
Variances/Minor Deviations
860.5.110 - Use of Property Before Final Action ¶
Permits shall not be issued for any structure involved in an application for a Variance or Minor Deviation until and unless the same shall have become final, in compliance with Section 868.6.030 (Effective Date of Permits).
860.5.120 - Post Decision Procedures ¶
The procedures relating to changes, performance guarantees, and revocation that are identified in Article 6 (Zoning Ordinance Administration) and those identified in Chapter 868.6 (Permit Implementation, Time Limits, Extensions and Revocation) shall apply following the decision on a Variance or Minor Deviation application.
Final Zoning Ordinance
February 2024
5-42
FRESNO COUNTY ORDINANCE CODE - DIVISION 6, ZONING ORDINANCE
Chapter 860.5
Variances/Minor Deviations
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Final Zoning Ordinance
February 2024
5-43
FRESNO COUNTY ORDINANCE CODE - DIVISION 6, ZONING ORDINANCE