The position of zoning administrator for the city is created. In the absence of a contrary direction by the city council, the director of planning shall serve as zoning administrator for the city, without additional compensation therefor.

(Prior code § 9308(1))

The function of the zoning administrator shall be to hear and consider all applications for minor zone variances; minor conditional use permits as described in this chapter, together with all proceedings relating to the modification and/or revocation thereof, a cottage food operation permit, and development review applications pursuant to Section 18.56.055 of this title.

(Ord. 2620 § 2 (part), 1994: prior code § 9308(2))

(Ord. No. 2998, § 3, 4-23-13)

The zoning administrator shall not act upon any minor conditional use permit application without having set the same for public hearing. The zoning administrator may act upon an application for a minor variance, a cottage food operation permit, or development review application without holding a public hearing, as provided in Section 18.58.060(D). Notice of a hearing on a minor conditional use permit application shall be given as in the case of matters set before the planning commission. In acting upon a variance and/or conditional use permit, or modification or revocation matters relating thereto, the zoning administrator shall be bound by the standards governing the conduct of the planning commission and the city council with respect to variances and conditional use permits as set forth in this code, except as otherwise provided in this chapter.

(Ord. 2620 § 2 (part), 1994: Ord. 2457 § 1, 1989: prior code § 9308(3))

(Ord. No. 2998, § 4, 4-23-13)

Within ten days following the close of a public hearing upon a minor zone variance or a minor conditional use permit, or a modification or revocation proceeding relating to the same, the zoning administrator shall approve, conditionally approve or deny the same. Within thirty days of receipt of a complete application for a cottage food operation permit, the zoning administrator shall approve or deny the same. The zoning administrator's action shall be in written form and shall contain a brief statement of the facts upon which such determination is based. Not later than five working days following the rendering of such determination, the zoning administrator shall forward a copy of his/her decision by United States mail, postage prepaid, addressed to the applicant and any other persons requesting a copy of the same. The action of the zoning administrator shall be final and conclusive, unless within the time permitted an appeal is filed appealing the decision of the zoning administrator to the planning commission.

(Prior code § 9308(4))

(Ord. No. 2998, § 5, 4-23-13)

Within ten days from and after the date of the giving of the notice by the zoning administrator of his/her determination, any person aggrieved by such decision may file a written appeal with the secretary of the planning commission appealing the decision of the zoning administrator. No such appeal shall be accepted unless there is, paid contemporaneously with the filing of such letter, a filing and processing fee in a sum to be set by resolution of the city council. Upon receipt of a timely filed appeal, together with the filing and processing fee, the secretary of the planning commission shall set the matter for a de novo hearing before the planning commission at its next most convenient meeting. In acting upon such appeals, the commission shall conduct de novo hearings and shall act upon such minor zone variance, minor conditional use permit, modification or revocation proceeding relating thereto, or cottage food operation permit, in the same manner as is set forth in this code with respect to original filings in the planning commission.

(Prior code § 9308(5))

(Ord. No. 2998, § 6, 4-23-13)

The zoning administrator of the city shall have the jurisdiction to hear only the following enumerated matters, which for the purposes of Chapters 18.52 through 18.58 shall be described as "minor zone variance" or "minor conditional use permit," as the case may be:

A.

Conditional use permits which would have the effect of allowing the keeping and maintenance, for noncommercial purposes, of any animal, fish or fowl (chickens, turkeys, ducks, geese, etc., as defined in Section 8.28.030 of the WMC) not otherwise permitted pursuant to the provisions of this code, on any R-zoned lot within the city; and

B.

Conditional use permits which would allow the keeping and maintenance of livestock on any R-zoned property within the city; and

C.

Minor variances as follows which would not allow deviation from the standards set forth in this code greater than the percentage listed:

1.

Yard encroachments, twenty percent;

2.

Wall, fence and retaining wall height limitations are in the front yard setback and on the street side, side yard of property adjacent to a public street, ten percent;

a.

Wall, fence and retaining wall height limitations in the rear and interior side yard setback, twenty-five percent. This provision shall not apply to residential property lines that are immediately contiguous to the Greenway Trail, which may have a fence or wall constructed up to ten feet in height, as per Section 18.10.030(D) of the Whittier Municipal Code.

3.

Building height variations, five percent;

4.

Driveway widths, twenty percent;

5.

Distance between buildings and/or structures, ten percent;

6.

Allowed height and background sign area of signs, ten percent; and,

7.

Installation of heating, ventilation and air-conditioning equipment located on the roof of an existing building, where other permitted locations are not possible or practical; and

8.

Minor deviations to zoning development standards not noted above, five percent.

D.

Modification and/or revocation proceedings relating to permits granted pursuant to this section.

E.

Development projects as provided for in Section 18.56.045(B).

F.

Determination of eligibility, upon application, of minor variance exception to amortization provisions for commercial signs, pursuant to Section 18.78.020.

G.

Approval of major reasonable accommodations, pursuant to Chapter 18.51.

H.

Determination of eligibility, upon application, of minor variance exception to amortization provisions for commercial signs, pursuant to Section 18.78.020.

(Ord. 2901 § 2, 2007; Ord. 2900 § 8, 2007; Ord. 2864 § 5, 2005; Ord. 2839 §§ 17, 18, 2004: Ord. 2838 §§ 17, 18, 2004: Ord. 2787 § 16, 2001; Ord. 2746 § 4, 1999; Ord. 2573 § 6, 1992; Ord. 2457 § 2, 1989; Ord. 2345 § 3, 1985: prior code § 9309)

(Ord. No. 2932, § 12, 8-11-09; Ord. No. 2998, § 7, 4-23-13; Ord. No. 3054, § 11, 8-9-16; Ord. No. 3159, § 3(Exh. A), 11-12-24)

Notwithstanding the grant of jurisdiction pursuant to this chapter, the zoning administrator in his/her sole discretion may decline to act on any application for a minor conditional use permit or minor zone variance. If the zoning administrator declines to act, the matter shall be heard by the planning commission pursuant to Chapter 18.52.

(Ord. 2457 § 3, 1989)

Whenever the zoning administrator acts on an application for a minor zone variance pursuant to this chapter, he/she shall advise the planning commission of the action taken.

(Ord. 2457 § 4, 1989)

The period of validity for any zoning administrator approval approved by the city shall be as set forth in Section 18.04.110. Time extension(s) of the period of validity for any zoning administrator approval approved by the city shall be granted only in accordance with Sections 18.04.120 and 18.04.130.

(Ord. 2909 § 9, 2008)

Conditions may be modified, eliminated, or new conditions added to any zoning administrator approval, in compliance with Section 18.04.120.

(Ord. 2909 § 10, 2008)