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Title 19 — Development Code

§ 19.37

Twentynine Palms Zoning Code · 2026-06 edition · updated 2026-07-25 · Twentynine Palms

19.37.010 - Purpose

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

19.37.020 - Applicability

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

A.

Required setbacks to a maximum exception of 10 percent.

B.

Building height to a maximum exception of 10 percent.

C.

Lot coverage (percent) to a maximum of 10 percent or up to 1,000 square feet, whichever is greater.

D.

Floor area ratio to a maximum of 10 percent.

E.

Fence, wall and screen (height only) to a maximum of 10 percent.

F.

Off-street parking requirements (excluding stall and aisle dimensions) to a maximum of 10 percent.

G.

Clear site triangle (height only) to a maximum of 6 feet.

19.37.030 - Application and Required Fees

A.

Application Filing and Processing. Applications for a minor exception shall be filed and processed in accordance with Chapter 19.28 (Approval Requirements and Common Procedures).

B.

Application Fees. Application fees shall be collected in accordance with Section 19.28.050 (Applications and Fees).

19.37.040 - Approving Authority

Minor exceptions shall be approved by the specified approving authority as designated in Table 19.28.1101 (Approving Authority for Land Use Permits). The designated approving authority is authorized to approve, conditionally approve, modify or deny a minor exception application.

19.37.050 - Public Hearing and Notice

No public hearing is required for review and processing of a minor exception.

19.37.060 - Conditions of Approval

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

19.37.070 - Findings for Approval

Prior to approving a minor exception as prescribed by this Chapter, the approving authority shall make all the following findings:

A.

The proposed development is of sufficient size and is designed so as to provide a desirable environment within its own boundaries.

B.

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

C.

Any exceptions to or deviations from the requirements or development standards result in the creation of appropriate and necessary project design solutions that would not be available through adherence to otherwise required Code provisions (e.g., additional open space, protection of natural resources, improved pedestrian connectivity, public plazas).

D.

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

E.

Granting the minor exception is necessary for the preservation and enjoyment of a substantial right of the applicant possessed by other property in the same zone and vicinity.

F.

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

19.37.080 - Notice of Decision

Written notice of decision shall be provided within five 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.

19.37.090 - Effective Date

Minor exceptions shall become effective on the day immediately following expiration of the appeal period when no 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.

19.37.100 - Appeals

Appeal of an action made pursuant to this Chapter shall be filed in accordance with Section 19.28.120 (Appeals).

19.37.110 - Expiration

Minor exceptions shall expire two years from the date the approval was granted, unless the permit has been exercised in accordance with Section 19.28.130 (Permit Time Limits, Expiration, and Extensions).

19.37.120 - Extension of Time

The expiration date of a minor exception may be extended in accordance with Section 19.28.130 (Permit Time Limits, Expiration, and Extensions).

19.37.130 - Amendments

Any amendments affecting an approved minor exception shall be handled as a new application.

Chapter 19.38 - Administrative Use Permit

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