Vernon City Zoning Code

Special Circumstances. Variances from the terms of this title shall be granted only when, because of special circumstances applicable to a lot, including size, shape, topography, location, surroundings, or other conditions, strict enforcement of the development standards or site planning standards deprives such lot of privileges enjoyed by other property in the vicinity and under the identical zoning classification. Variances are not terminated automatically upon transfer of the lot for which they have been granted, but are subject to expiration as set forth in Section 17.68.090, "Time requirements for use of variance," and revocation or modification as set forth in Section 17.68.100, "Revocation of variance." If the granting or denial of a Variance is subject to CEQA, the time periods for any notice, response, or action shall comply with the time frames established by CEQA, notwithstanding any time periods set forth in this chapter.

Conditions. Any Variance granted shall be subject to such conditions that will ensure that the authorized exception does not constitute a grant of special privileges inconsistent with the limitations imposed on other properties in the same zone or overlay zone. The City Council may impose conditions on the Variance to address any pertinent factors affecting the lot or the establishment, operation, or maintenance of any requested improvement, including, but not limited to, the requirement that the applicant comply with any one or more of the following conditions:

Required Permitted Use. A Variance shall not be granted for a building in which the use is not a permitted use.

A plot plan which shall show, as may be applicable to permit informed consideration of the request, the surrounding land uses; the location and dimensions of all buildings; the location and dimensions of all off-street parking, loading, and storage facilities; the location and width of ingress and egress points to the lot; and the location and dimensions and turning radii of all parking and loading areas.

A floor plan, if applicable, of the building or buildings showing interior features affected by the requested Variance.

By mailing notice, containing the same information as the published or posted notice, not less than 10 days prior to the date of the hearing to:

By publishing a notice in a newspaper designated by the City Council for that purpose. Said newspaper shall be a local newspaper if there be one; otherwise, a newspaper of general circulation covering the City of Vernon shall be designated. The notice shall be published one time at least 10 days prior to the date of the hearing; or by posting a notice in three of the most public places in the City of Vernon, to wit: the northwest corner of 38th Street and Santa Fe Avenue; the northeast corner of Leonis Boulevard and Pacific Boulevard; and on the bulletin board outside of the lobby of the City Hall of said City, located at 4305 Santa Fe Avenue, all in the City of Vernon, County of Los Angeles, State of California. Said notice shall be posted not less than 10 days before the date set for the hearing.

There are special circumstances applicable to the lot such as its size, shape, topography, location or surroundings that do not apply generally to other properties in the same zone and any relevant overlay zone.

Because of the special circumstances applicable to the lot, the strict application of the applicable development standards or site planning standards would deprive the lot of privileges enjoyed by others.

The granting of the Variance will not constitute a grant of special privilege inconsistent with the limitations on other properties in the same zone any relevant overlay zone.

The project is consistent with the General Plan and complies with other applicable provisions of this title.

The Variance will not be materially detrimental to the public health, safety, or welfare, or to the interests of residents and property owners nearby the lot.

The Variance approval places suitable conditions on the lot to protect nearby properties.

The use is permitted or conditionally permitted in the zone and any relevant overlay zone.

For a Variance approving a floor area ratio greater than 2:1, the following additional findings shall be required:

There is no evidence of substantial use of the rights and privileges granted by the Variance within one year from the date on which the Variance was granted; or

The use for which the Variance was granted has ceased to exist or has been suspended for at least 120 continuous calendar days.

Notice of Public Hearing. Following receipt of a recommendation from the Director that the Variance be revoked, the City Clerk shall set the matter for public hearing to be held not less than 10 days nor more than 60 days from the date of notice. The City Clerk shall give notice thereof in the manner provided in Section 17.68.040, "Notice of public hearing." The City Council may by resolution revoke any Variance based upon the determination that the improvement authorized by the Variance has become detrimental to the public health, safety, or general welfare, or the manner of operation constitutes or is creating a nuisance, based on any one of the following findings:

Findings. The City Council shall render written findings setting forth reasons for revoking or modifying the Variance.

Notification. If the Variance is modified or revoked, notification of the City Council action shall be mailed to the owner of the subject lot or the owners by the City Clerk and shall include a copy of the City Council resolution specifying the reasons for the revocation or modification of the Variance.