Local zoning · Clovis

Clovis — Variances and Exceptions

Variances and Exceptions under the Clovis local zoning and planning code, with the controlling citations.

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Last reviewed: July 1, 2026

Overview

This page explains how the City of Clovis treats variances and minor deviations (exceptions) under the local Development Code (commonly referenced as Clovis "Title 9" zoning provisions). In Clovis, the variance path is a discretionary Commission decision and minor deviations are an administrative Director decision limited in scope; both are governed by findings and procedures in § 9.68.010–§ 9.68.110.

NOTE: This page covers only what the Clovis Development Code says about variances, minor deviations, and exceptions. It does not address building-code requirements (Title 24), tenant/housing law, or other non-zoning permits. For building-code questions consult the California Building Standards Code. The first mention of that term is linked inline below.

How Clovis defines and allocates Variances vs Exceptions

  • The purpose and limits: Variances and minor deviations are meant to address property-specific hardships and shall not change allowable land uses; the City explicitly states the power “does not extend to allowable land uses.” See § 9.68.010.

  • Decision authority:

    • The Director may grant minor deviations (administrative), or refer them to the Planning Commission. See § 9.68.020 and § 9.68.030(A).
    • The Planning Commission may grant variances (discretionary hearing required). See § 9.68.020 and § 9.68.040(D)(1).

  • Scope limit for Director-level minor deviations: the Director may approve adjustments up to 10% of the applicable standard for a limited list of features (fence height, certain setbacks, parcel coverage, parcel dimensions, distance between structures, etc.). See § 9.68.030(A).

  • Broader scope for Commission-level variances: the Commission may adjust “any of the requirements of this Development Code,” subject to required findings and CEQA review. See § 9.68.030(B) and § 9.68.060.

  • Required findings (all approvals): A variance or minor deviation can only be approved if all findings in § 9.68.060 are made — notably (a) special circumstances, (b) preservation of a property right enjoyed by others, (c) no special privilege, (d) does not allow an unpermitted use, and (e) consistency with the General Plan; and CEQA review as required under § 9.68.060(C).

  • Burden of proof and conditions: The applicant bears the burden of proof to support the findings (see § 9.68.090); approving authorities may impose conditions to ensure compatibility (see § 9.68.100).

  • No precedential effect: Each application is considered on its own facts; earlier variances are not admissible to compel a new variance (§ 9.68.080).

  • Revocation: Variances or minor deviations may be revoked under the post-decision procedures if the permit-holder or property no longer meets the original findings or conditions (§ 9.50.080 and revocation provisions described in Chapter 50/Division 6).

Practical cross-references in the Code (first mentions are linked):

  • parking requirements referenced for many districts and variances are found in the City’s parking chapter. Clovis Parking
  • Variance decisions commonly reference setbacks/development standards in Division 2. Clovis Development Standards
  • Some projects will need design review or site plan review in parallel. Clovis Design Review
  • Requests tied to ADUs or density bonuses may trigger related waiver provisions; see the ADU/density bonus chapters. Clovis ADUs
  • If your property sits inside an overlay, check overlay-specific rules. Clovis Overlay Districts
  • When building permits are required, coordinate with the California Building Standards Code. California Building Standards Code

District-by-district (Clovis-specific) — where variances interact with zoning standards

The Development Code establishes the list of zoning districts in § 9.08.010; district-specific development standards and allowable uses appear in Division 2 (Chapters 10–18) and the tables (Tables 2-2 through 2-7 and related tables). Use the Code sections cited below for the controlling authority and numeric standards.

Notes on how to read these subsections: each district entry below states the district purpose (code language reference), typical allowed uses (table reference), and the most decision-relevant dimensional standards (table reference). If you need parcel-level certainty, “Verify with the jurisdiction” — the Zone Map and specific plan amendments can set site-specific standards. See § 9.08.020 for Zone Map rules.

R-1 (Single-Family residential)

  • Purpose: standard single-family zones are described under the residential chapter. See § 9.10.010.
  • Typical permitted uses: single-family homes, accessory dwelling units (ADUs), accessory uses & structures; see Table 2-2 (Allowable uses for residential districts) and accessory rules in § 9.40.030.
  • Key dimensional standards (decision-relevant): front setback typically 20 ft, side setbacks 5 ft each, rear 20 ft, maximum parcel coverage 40–45% depending on R‑1 subzone — see Table 2‑3 and the R‑1 subzone rows for exact figures. (See Chapter 9.10 tables and notes.)
  • Where it applies: citywide per the Zone Map unless superseded by a specific plan; Zone Map interpretation rules in § 9.08.020 apply.

R-2 (Medium density multifamily)

  • Purpose: medium-density multifamily/residential (Chapter 9.10). See § 9.10.010.
  • Typical permitted uses: duplexes, small multi-family, accessory uses; Table 2‑2 shows permit types.
  • Key dimensional standards: maximum density 20 DU/acre, front setback 20 ft, side setbacks 5 ft, main structure height up to 35 ft / 2 stories (see Table 2‑3).

R-3 / R-4 (Higher-density housing)

  • Purpose: higher-density multifamily; see Chapter 9.10. § 9.10.010.
  • Typical uses: multifamily apartments, condominiums (see Table 2‑2).
  • Key standards: R-3 up to 30 DU/acre, front setback 15 ft, side 5 ft, max height 45 ft / 3 stories; R‑4 has very high density allowances and mixed‑use overlay options (see Table 2‑3).

C-1 / C-2 / C-3 (Commercial districts)

  • Purpose: neighborhood to community and downtown commercial (see Chapter 12 and Table 2‑1). § 9.08.010 and the commercial chapter.
  • Typical uses: retail, personal service, professional offices; C‑3 (Downtown) allows denser mixed-use. See Table 2‑4/2‑5 for permitted/conditional uses.
  • Key standards: C‑2 front setback commonly 30 ft (structures) / 20 ft (parking); C‑3 downtown often has no front setback; heights typically 35–50 ft depending on district and whether hotels are present (see Table 2‑6/2‑7). Variance requests that change setbacks or coverage follow Chapter 9.68.

U‑C / P‑C‑C (Urban Center / Planned Commercial Center)

  • Purpose: allow mixed use and urban center development subject to specific plan/zoning map amendments. See § 9.08.010 and notes.
  • Typical uses: mixed commercial, residential and civic uses as established by a development plan or specific plan.
  • Key standards: many standards are “determined during Zoning Map amendment” — variances here are site-specific and likely need Commission or Council action in addition to Chapter 9.68 findings. See Table 2‑4/2‑5 and § 9.08.020.

M‑1 / M‑2 / M‑P / C‑M (Industrial and manufacturing)

  • Purpose: industrial uses and manufacturing; see Chapter 9.14 and Table 2‑7. § 9.14.010 and associated tables.
  • Typical uses: light to heavy manufacturing, assembly, distribution, business parks (see Table 2‑6/2‑7).
  • Key standards: front setbacks often 10–25 ft, main structure heights can be 40–75 ft depending on industrial district, parcel sizes and coverage limits vary by district; industrial setbacks adjacent to residential are increased per notes. See Table 2‑7.

R‑T (Research/Technology / Campus‑affiliated)

  • Purpose and application: site‑specific mixed components (residential, commercial, industrial) with tailored standards; see R‑T entries and notes.
  • Typical uses: campus‑affiliated housing, business park/commercial components. See the R‑T rows in the development tables.
  • Key standards: multifamily component maximum density examples given (e.g., 25 du/acre), front setbacks 15–40 ft depending on component; see the R‑T rows in Table 2‑3/2‑7.

(For full, parcel‑specific values: see Tables 2‑3 through 2‑7 in Division 2 and the Zone Map in § 9.08.020.)

Quick reference table — most decision‑relevant variance/exception standards

Issue / request What the Code allows (decision-relevant) Code reference
Director minor deviations (administrative) Up to 10% change to listed standards (fence height, parcel coverage, setbacks, parcel dimensions, distance between structures, etc.). § 9.68.030(A)
Commission variances (hearings) Adjustment from any Development Code requirement (subject to findings). § 9.68.030(B) and § 9.68.060
Required findings All five findings plus CEQA compliance required for approval. § 9.68.060
Burden of proof Applicant must prove the findings by a preponderance of evidence per Code***.*** § 9.68.090
Application materials & hearing notice Complete plans, drawings, fee, public hearing notice procedures for Commission variances. § 9.68.040 and Chapter 88 (public hearings)

Checklist (what an applicant must submit / satisfy for a variance or minor deviation)

  • Owner authorization (applicant must be owner or have owner consent). § 9.50.050(B).
  • Completed variance or minor deviation application form and fee (per City Fee Schedule). § 9.68.040(A).
  • Detailed, dimensioned plans, elevations, site plans, and other materials identified in the Department handout. § 9.68.040(B).
  • Evidence demonstrating the required findings in § 9.68.060 (special circumstances; preservation of property rights; no special privilege; no new use; consistency with General Plan). § 9.68.060.
  • CEQA documentation or analysis where applicable (CEQA review required per § 9.68.060(C)).
  • Public hearing notice compliance for Commission variances (Chapter 88). § 9.68.040(D) and Chapter 88.
  • For minor deviations: show that the request fits within the 10% limit and is one of the enumerated categories in § 9.68.030(A).

Risks & Ambiguities

Issue Why it matters What to verify
Variance cannot change allowed uses The Code expressly prohibits using variances to alter allowable land uses — you cannot use a variance to authorize a new use. (Attempts to do so will be denied.) Verify the use is allowed in the underlying district; if not, use Administrative or Conditional Use Permit tracks instead (Chapters 62/64). § 9.68.010(B).
Minor deviation 10% cap Director can only grant up to 10% — requests beyond that must go to Commission. Failure to respect the cap can cause denial or referral. Confirm the numeric baseline standard in Division 2 (Tables 2‑3/2‑7) and calculate 10% precisely. § 9.68.030(A).
Precedent expectation Past variances are not binding. Applicants sometimes assume one approved variance will set a precedent — the Code forbids reliance on prior approvals as dispositive evidence. § 9.68.080. Verify unique facts supporting the current request; document special circumstances.
CEQA implications Some variance actions require environmental review; denial/appeal risk increases if CEQA is not addressed. § 9.68.060(C). Confirm CEQA clearance or prepare environmental analysis before the hearing.
Site- or plan‑specific standards (U‑C, P‑C‑C, PD) Many centers and specific plans set tailored standards that supersede general Division 2 tables; a variance might conflict with a specific plan. Check whether the parcel is governed by a specific plan / Zoning Map amendment and the controlling PD or specific-plan standards. § 9.72.020 and § 9.08.020.

Plain‑English summary

In Clovis a variance (Planning Commission) or minor deviation (Director, up to 10%) lets a property owner ask to relax a numeric zoning rule (setbacks, heights, coverage, etc.) when special property circumstances make the strict rule unfair — but variances cannot change what uses are allowed and must meet the five required findings in § 9.68.060. Verify district standards in Division 2 tables and expect a public hearing for Commission variances.

Source References

  • Clovis Development Code, Chapter 9.68 (Variances/Minor Deviations): § 9.68.010–§ 9.68.110 (purpose, applicability, review authority, filing, findings, conditions, burden of proof).
  • Clovis Development Code, Division 2 (Zoning Districts) and Table 2‑1 (Zoning districts established): § 9.08.010; tables with district standards (Tables 2‑3 through 2‑7) are in Chapters 9.10–9.16.
  • Application filing and public hearing procedures (application contents; Director/Commission roles): § 9.68.040; Chapter 50 and Chapter 88 for hearings/notice.
  • Director minor deviations limitations: § 9.68.030(A) (list and 10% cap).
  • Findings and CEQA requirement: § 9.68.060 (required findings and CEQA).
  • Burden of proof and conditions: § 9.68.090 and § 9.68.100.
  • Division 2 development standards and specific district numeric tables: Tables 2‑3 (residential), 2‑6/2‑7 (commercial/industrial), and supporting notes throughout Chapters 9.10–9.16. See e.g., Table rows and notes for R‑1 subzones and commercial districts (Tables shown in Division 2).

Sources

Retrieved passages

  • Clovis Zoning Code (Chapter 9.68.) High relevance
  • Clovis Zoning Code (§ 2) High relevance
  • Clovis Zoning Code (Chapter 104) High relevance
  • Clovis Zoning Code (chapter for) High relevance
  • Clovis Zoning Code (chapter on) High relevance
  • Clovis Zoning Code (§ 2) High relevance
  • Clovis Zoning Code (Chapter 56) High relevance
  • Clovis Zoning Code (§ 2) High relevance
  • Clovis Zoning Code (Chapter 32) Medium relevance
  • Clovis Zoning Code (§ 1) Medium relevance
  • Clovis Zoning Code (§ 2) Medium relevance
  • Clovis Zoning Code (Chapter 84) Medium relevance
  • CBC § 2 (§ 2) Medium relevance
  • Clovis Zoning Code (section that) Medium relevance
  • CBC § 060 (Chapter 32) Medium relevance
  • Clovis Zoning Code (chapter and) Medium relevance
  • Clovis Zoning Code (Chapter 32) Medium relevance
  • CFC § 100 (Chapter 64) Medium relevance
  • Clovis Zoning Code Medium relevance
  • Clovis Zoning Code (Chapter 42) Medium relevance
  • Clovis Zoning Code (Chapter 56) Medium relevance
  • Clovis Zoning Code (Chapter 42) Medium relevance

Cited sections

Frequently asked questions

What is the difference between a variance and a minor deviation in Clovis?

A minor deviation is an administrative approval the Director can grant for a narrow list of numeric adjustments (up to 10%) such as minor setback, parcel coverage, or fence height changes; see § 9.68.030(A). A variance is a discretionary Planning Commission approval that can adjust any Development Code requirement but requires the findings in § 9.68.060 and typically a public hearing.

Can I use a variance to allow a use that is not allowed in my zone?

No. The Code expressly states variances/minor deviations do not extend to allowable land uses; a variance cannot authorize a use that the zoning district prohibits — use permit tracks are the correct path for use flexibility. See § 9.68.010(B).

What findings will the Planning Commission require to approve a variance?

The Commission must make the findings listed in § 9.68.060: (1) special circumstances apply to the property; (2) granting preserves a substantial property right others enjoy; (3) not detrimental to public health/safety/welfare; (4) does not allow an unpermitted use; and (5) consistent with the General Plan — plus CEQA compliance where required.

How large a deviation can the Director approve administratively?

The Director can approve a minor deviation up to 10% of the standard being modified, and only for the enumerated items in § 9.68.030(A) (fence height, some setbacks, parcel coverage, parcel dimensions, etc.). Requests beyond that must go to the Commission.

Will a previously granted variance help my case?

Not necessarily — the Code states prior approvals are not admissible evidence for granting a new variance; each application is decided on its own facts (§ 9.68.080). Document your parcel’s specific special circumstances.

What materials and documentation should I submit with a variance request?

Submit a complete application per § 9.68.040: application form, fee, fully dimensioned plans and elevations, and written proof supporting the required findings (special circumstances, impact analysis, CEQA documentation if needed). The applicant bears the burden of proof (§ 9.68.090).

If my property is in an Urban Center or PD, do the general variance rules still apply?

Yes, but many Urban Center (U‑C) and Planned Commercial Center (P‑C‑C) parcels have site‑specific standards adopted with a Zone Map amendment or specific plan; those site‑specific standards often control and may change what deviations are possible. Check the specific plan and Zone Map rules (see § 9.08.020 and the specific plan chapters).

Can a variance be revoked once granted?

Yes. The City may revoke or modify an approval if the circumstances under which it was granted have changed, conditions haven’t been met, or there was a material misrepresentation — see post-decision procedures (Chapter 50/ § 9.50.080 and related revocation language).

What role does CEQA play in a variance decision?

CEQA analysis is explicitly required where applicable: the findings under § 9.68.060 include that the project has been reviewed per CEQA. If CEQA review is required, the environmental determination must be prepared before a final approval.

If my requested change is only to parking, can I get a variance?

Parking is regulated separately (Chapter 32) and often tied to density and land‑use tables; a variance may be requested to modify numerical parking requirements, but the review authority will still require the § 9.68.060 findings and may consider parking impacts specifically. Verify parking rules in Chapter 32 and coordinate any variance request accordingly. Clovis Parking

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