Walnut, CA Zoning Ordinance

When, because of special circumstances applicable to the subject property, including size, shape, topography, location or circumstances, the strict application of this chapter is found to deprive the subject property of privileges enjoyed by other property in the vicinity and under identical zone classification, and when any variance granted does not constitute a grant of special privileges inconsistent with the limitations upon other properties in the vicinity and the zone in which the subject property is situated, the Commission shall have authority, as an administrative act, to grant such variance. The Commission may impose such conditions, which shall be set forth in any such variance, as it may determine to be necessary in order to safeguard and protect the public health, safety and general welfare, and to insure the development thus permitted being completed in accordance with such plans as the Commission may approve.

A variance shall not be construed as an amendment to this title or cause the maps which are part of this title to be changed, nor shall a variance be used as a procedure to change or alter the use of land or structures not permitted within the zone for which an application for a variance is made. No variance shall be granted to permit a use in a zone which use is not permitted by this title.

The applicant shall set forth in detail on forms provided by the Commission, the reasons for the requested variance; shall show thereon how all the conditions set forth in this section are satisfied; and all other information requested by the Commission.

The Commission, before it may grant a request for a variance, must make a finding of fact by resolution that the evidence presented shows that all of the following conditions exist:

That because of special circumstances of unusual hardship applicable to subject property, including size, shape, topography, location or surroundings, the strict application of this title is found to deprive subject property of privileges enjoyed by other properties in the vicinity and other identical zone classification.

That such conditions have been imposed upon the issuance of the variance as will insure that the variance thereby authorized does not constitute a grant of special privilege inconsistent with the limitations upon other properties in the vicinity and zone in which subject property is situated.

That the granting of the variance will not be materially detrimental to the public welfare or injurious to property and improvements in the zone and vicinity in which the property is located.

That the granting of such a variance will not be contrary to the objectives of the master plan or this title.

Any action of the Commission shall be subject to appeal by any interested person pursuant to Section 6.84.070.

Every variance shall terminate and become void unless:

The applicant shall, within 30 days from the issuance of such variance, file with the City Clerk his or her written acceptance or agreement to the terms and conditions, if any, imposed by such variance.

The use authorized by such variance shall be commenced or construction necessary and incident thereto shall be begun on or before the time limit specified in such variance, and thereafter diligently advanced, or if no time is specified on or before 180 days after the date such variance was approved.

In all cases, the Commission, for good cause shown, either before or after the expiration of such time limit, may extend such time limit, in which event the variance shall revive for the time specified.

A variance may be revoked or modified by the Commission, after a public hearing, on any one or more of the following grounds:

That the approval was obtained by fraud.

That the variance is not being exercised within the time specified in such variance, or any extension thereof.

That the variance has ceased to be exercised, or has ceased to exist or has been suspended for one year or more.

That the variance granted is being, or recently has been, exercised contrary to the terms or conditions of such approval, or in violation of any statute, ordinance, law or regulation.

That the variance has been so exercised as to be detrimental to the public health or safety, or so as to constitute a nuisance.

Any valid ordinance issued prior to the effective date of this chapter shall remain in full force and effect in accordance with the terms thereof; provided, that such variance is subject to modification or revocation for any of the reasons set forth in this chapter.