The purpose of this chapter is to provide a mechanism whereby the planning director/head building official can grant minor deviations from zone district regulations. A minor deviation may be granted up to a ten percent (10%) deviation from the zone district regulations and setback distances. Any minor deviation that exceeds the ten percent (10%) deviation stated above shall be processed as a variance consistent with the provisions in Chapter 17.84, Variances.

Minor deviations shall only be granted when practical difficulties, unnecessary hardships and conditions, inconsistent with the purpose and objectives of this Title 17, result from the strict application of certain provisions of this Title 17. 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 zone districts in Kingsburg.

(Ord. No. 2017-002, § 2(Exh. A), 5-17-2017; Ord. No. 2024-07, § 1, 12-18-2024)

The planning director/head building official may grant a ten percent (10%) minor deviation from zone district regulations, including setbacks, lot dimensions, height of structures and fences, walls and hedges, lot coverage, parking standards and sign regulations.

(Ord. No. 2017-002, § 2(Exh. A), 5-17-2017; Ord. No. 2024-07, § 1, 12-18-2024)

An application for a minor deviation shall be made to the planning department on a form prescribed by the planning department. A processing fee set by resolution of the city council shall accompany the application.

(Ord. No. 2017-002, § 2(Exh. A), 5-17-2017; Ord. No. 2024-07, § 1, 12-18-2024)

The planning director/head building official shall prepare a report on the minor deviation application and shall make the following findings with regard to a minor deviation.

A.

There are special circumstances applicable to the property, including, without limitation, size, shape, topography, location, surroundings, or unclear property lines, where the strict application of this Title 17 deprives such property a right possessed by other property in the same vicinity or other properties that have the same zone 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 zone 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 zone 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 zone district in which the property is located.

(Ord. No. 2017-002, § 2(Exh. A), 5-17-2017; Ord. No. 2024-07, § 1, 12-18-2024)

The planning director or head building official shall process minor deviations as an administrative action. Following a review of a minor deviation application and the findings listed above, the planning director/head building official shall issue a written decision on the minor deviation. The written decision will either approve, approve with conditions or deny the application for minor deviation based on the findings listed above. The written decision will be signed and dated by the planning director/head building official, and mailed to the applicant. The decision of the planning director/head building official shall be final unless appealed to the planning commission within ten (10) days after the date the written decision is mailed to the applicant. The planning commission will be notified of all minor deviations granted by the planning director/head building official.

(Ord. No. 2017-002, § 2(Exh. A), 5-17-2017; Ord. No. 2024-07, § 1, 12-18-2024)

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

(Ord. No. 2017-002, § 2(Exh. A), 5-17-2017; Ord. No. 2024-07, § 1, 12-18-2024)