The provisions of this title shall be referred to as the "Whittier Zoning Regulations."

(Prior code § 9100)

The purpose of the enactment of regulations contained in this title in classifying, designating, regulating and restricting the use of buildings, land and structures, is to permit the most compatible use of land within the city, consistent with the needs of residential, commercial, and industrial developments within the city, and the promotion of the public health, safety, welfare, and general prosperity of the city and its residents.

(Prior code § 9101)

The regulations contained in this title shall not apply to city-owned or leased property, when actually in use by the city.

(Prior code § 9109.1)

Whenever reference is made in this title to other provisions or other laws, the references shall apply to all amendments now or hereafter adopted, with reference thereto, unless clearly otherwise stated.

(Prior code § 9104)

All zone variances, zone exceptions, conditional or special use permits, unclassified use permits and/or precise plans (hereafter "zoning device") heretofore issued by the city or the county of Los Angeles shall remain in full force and effect, provided that each such zoning device shall be subject to the provisions of Sections 18.52.160, 18.52.170 and 18.52.180. Notwithstanding any other provision of this title, no use authorized by such previously granted zoning device, which is being lawfully exercised in compliance with all conditions of approval imposed upon the authorizing zoning device, shall be deemed to be nonconforming, for any purpose, except as specifically set forth in this title.

(Prior code § 9106)

In applying the provisions of these regulations to uses within the city, the same shall be deemed and construed to be the minimum standards required for the promotion of the public health, safety, interest and welfare, unless the context of a specific regulation clearly otherwise provides.

(Prior code § 9103)

If, as of the effective date of these regulations, legislative or administrative action is pending pursuant to the former zoning regulations of the city, such action shall be deemed to have been taken pursuant to the provisions of this chapter, and shall be finally processed, insofar as possible, in accordance with the provisions of this title.

(Prior code § 9107)

Insofar as the regulations contained in this title are substantially similar to the former zoning regulations in effect as of the date of adoption of the ordinance codified in this title, such similar provisions shall be construed as restatements and continuations of such regulations, and not as new enactments.

(Prior code § 9102)

The city manager shall designate the officer or officers who shall enforce the provisions of this title.

(Prior code § 9108)

A.

Every owner of real property within the city, whether commercial, industrial or residential, is required to maintain such property in a manner so as not to violate the provisions of the Whittier Municipal Code, the Whittier Zoning Code, or any specific plan, including but not limited to the Whittier Boulevard Specific Plan, the Uptown Whittier Specific Plan and the Whittwood Town Center Specific Plan, and such owner remains liable for violations thereof regardless of any contract or agreement with any third party regarding such property.

B.

An occupant of property who is not the legal owner shall not be liable for any nuisance (as defined by Section 8.08.030) which the occupant did not create, and which the occupant did not knowingly maintain or permit to continue.

(Ord. No. 2979, § 1, 9-13-11)

The effective date of each of the regulations contained in this title is the operative date of the ordinance which adopted the regulation, unless a later date is specified in a particular regulation.

(Prior code § 9109)

A.

Any zone variance, conditional use permit, development review approval, zoning administrator approval, and historic resource commission approval shall be null and void if the use or approval granted thereby is not commenced within the time specified in the resolution granting such use or approval or, if no time is so specified, if commencement does not occur within two years from the effective date of the approval except as provided for in this section. A one-year time extension of the period of validity may be granted by the approval authority subject to the specific findings outlined in Section 18.04.130, which must be made prior to any time extension(s) granted by any approval authority. Any other time extensions shall be approved by the city council, the commission or other approval authority as required elsewhere in this code applicable to the specific use or approval. In no case, however, shall any initial approval and/or combination of extensions exceed a cumulative total of three years, except as provided for in this section. The director, commission, city council or other approval authority may impose additional conditions, modify existing conditions, or delete existing conditions for the original approval in connection with any extension as may be necessary. These provisions shall apply to all valid land-use entitlements and development review applications in effect upon and subsequent to the adoption of this ordinance.

B.

Entitlement permits approved in conjunction with subdivision maps shall expire on the same expiration date as the tentative map so long as the entitlement is necessary for the approval of the subdivision. Approval of a time extension for such maps shall constitute the approval of a time extension of the entitlement(s) which were (if any) filed in conjunction with it. The approval authority may impose additional conditions, modify existing conditions, or delete existing conditions for the original approval of the entitlement approved in connection with any time extension for a tentative map as may be necessary. Should a final subdivision map be recorded prior to the implementation of the entitlement permit, the provisions under Section 18.04.110(A) shall apply.

(Ord. 2909 § 1, 2008)

(Ord. No. 2930, § 2, 7-28-09; Ord. No. 2955, § 3, 6-27-10; Ord. No. 2977, § 3, 7-26-11; Ord. No. 3159, § 3(Exh. A), 11-12-24)

A.

Any condition imposed upon the granting of a zone variance, conditional use permit, certificate of appropriateness approval, development review approval, or zoning administrator approval, including any zoning entitlement granted prior to the adoption of these regulations, may be modified or eliminated, or new conditions added, provided that the approval authority, which shall be the planning commission absent specific requirements in this code otherwise, shall first conduct a noticed public hearing thereon, unless the city council granted or modified such use approval upon the specific condition that it be subject only to city council modification, in which case the lower approval authority or authorities may, but need not, make a recommendation concerning the revocation and the city council shall conduct the required public hearing. No such modification shall be granted or imposed unless the approval authority, or such approval authority may consider modifications on appeal as such appeal procedures may be elsewhere provided in this code, finds that such modification is necessary to protect the public peace, health and safety, or that such action is necessary to permit reasonable operation under the use or approval as granted. Any modification hearing conducted by an approval authority other than the city council pursuant to this section shall be subject to review on appeal as may be specifically provided in this code.

B.

Notwithstanding the provisions contained within Section 18.04.120(A), the director of community development may approve minor modifications to approved plans from higher approval authorities without the benefit of a new public hearing if the changes can be found to be in substantial conformance with the conditions of approval authorized by the approval authority. Any such modification may not significantly alter the general nature, intent, or findings of the project, nor circumvent any adopted conditions of approval.

(Ord. 2909 § 2, 2008)

(Ord. No. 2927, § 1, 8-25-09; Ord. No. 3159, § 3(Exh. A), 11-12-24)

Any approval authority granting extension(s) as permitted in this chapter must make the following findings prior to granting a requested extension to an applicant or owner for any project, use or approval:

A.

The project, use or approval for which the time extension(s) is proposed is substantially the same as originally approved by the approval authority and does not require the need for any new entitlement that was not previously approved for the project, use or approval;

B.

The time extension will not adversely impact surrounding land uses, traffic or create any new, adverse, environmental impacts that were not previously considered or mitigated against when the project was originally approved by the approval authority; and

C.

The time extension can be accommodated based on the existing conditions of approval for the project and/or with new or modified conditions of approval.

(Ord. 2909 § 3, 2008)