These provisions are intended to relieve the owner of property from an inability to make reasonable use of his property in the same manner that other property of like character in the same vicinity and zone can be used. A variance shall not be granted which confers a special privilege inconsistent with the limitations upon other properties in the same vicinity and zone in which the subject property is situated or which authorizes a use or activity which is not otherwise expressly authorized by the zoning regulations governing the parcel of property.

(Ord. No. 51, Amended, 04/10/84; Ord. No. 58, Renumbered, 08/14/85, 9.25.010; Ord. No. 108, Amended, 07/24/90)

Application for a variance shall be filed in a manner consistent with the requirements contained in Chapter 9.35 of this Article.

(Ord. No. 58, Renumbered, 08/14/85, 9.25.020; Ord. No. 108, Amended, 07/24/90; Ord. No. 192-05, Amended, 3/9/05)

All applications for variances shall be subject to approval or rejection by the Planning Commission.

(Ord. No. 58, Renumbered, 08/14/85, 9.25.030; Ord. No. 108, Amended, 07/24/90)

Upon receipt in proper form of a variance application, a public hearing shall be set and notice of such hearing given in a manner consistent with Chapter 9.32 of this Article.

(Ord. No. 51, repealed, 04/10/84; Ord. No. 58, Renumbered, 08/14/85, 9.25.040; Ord. No. 108, Amended, 07/24/90; Ord. No. 192-05, Amended, 3/9/05)

Following a public hearing, the Commission shall record the decision in writing and shall recite therein the findings of fact upon which such decision is based.

The Commission may approve and/or modify an application in whole or in part, with or without conditions, only after making all of the following findings of fact in a positive manner:

1.

There are special circumstances or exceptional characteristics applicable to the property involved, including size, shape, topography, location, or surroundings such that strict application of the zoning ordinance deprives such property of privileges enjoyed by other property in the vicinity and under the identical zoning classification.

2.

The granting of such variance will not be detrimental to the public interest, safety, health or welfare, and will not be detrimental or injurious to the property or improvements in the same vicinity and zone in which the property is located.

3.

The granting of such variance will not be contrary to or in conflict with the general purposes and intent of this Article nor to the goals and programs of the General Plan.

4.

The variance request is consistent with the purpose and intent of the zone in which the site is located.

5.

The subject site is physically suitable for the proposed variance.

6.

There are adequate provisions for water, sanitation and public utilities and services to ensure that the proposed variance would not be detrimental to public peace, health and safety.

7.

There will be adequate provisions for public access to serve the use authorized by the variance.

(Ord. No. 58, Renumbered, 08/14/85, 9.25.050; Ord. No. 108, Amended, 07/24/90; Ord. No. 192-05, Amended, 3/9/05)

No permits shall be issued for any use involved in an application for approval of a variance until, and unless, the same shall have become final.

(Ord. No. 58, Renumbered, 08/14/85, 9.25.060; Ord. No. 108, Amended, 07/24/90; Ord. No. 192-05, Amended, 3/9/05)

The City may initiate and the Commission shall hold a public hearing upon the question of revocation or modification of a variance granted under or pursuant to the provisions of this Chapter. Notice of such hearing shall be given pursuant to Chapter 9.32 of this Article and shall be served in writing either in person or by registered mail on the owner of the property for which such variance was granted at least fourteen (14) days prior to such public hearing.

A variance may be revoked or modified by the Council if it finds that one or more of the following conditions exists:

1.

The variance was obtained in a fraudulent manner.

2.

One or more of the conditions of the variance have not been complied with.

3.

A public nuisance exists.

In addition, after a variance has been granted, modification of the conditions of the permit, including additions or deletions, may be considered upon filing of an application by the owner of the subject property or the owner's authorized representative. Consideration shall only be given to those matters raised in the application including any mitigation measure or condition associated therewith. Modification shall only be granted if the Commission finds, after a public hearing, that the modification is consistent with the provisions of this Article and will not be detrimental to the public health, safety and welfare.

(Ord. No. 53, Amended, 06/13/84; Ord. No. 58, Renumbered, 08/14/85, 9.25.070; Ord. No. 108, Amended, 07/24/90; Ord. No. 192-05, Amended, 3/9/05)

Variance decisions shall be consistent with the portions of the County of Los Angeles Hazardous Waste Management Plan (App. November 30, 1989) relating to siting and siting criteria for hazardous waste facilities.

(Ord. No. 58, Renumbered, 08/14/85, 9-1-25-080; Ord. No. 108, Amended, 07/24/90)