Chapter 11.44 — VARIANCES

The variance procedure is established to permit modification of development standards as they apply to particular uses when practical difficulties, unnecessary hardships, or results inconsistent with the general purposes of this code, develop through the strict literal interpretation and enforcement of such provisions. A variance may be granted to permit modification of:

• A. Building line setbacks, yards, open space and buffer areas;

• B. Height, lot coverage, density and bulk regulations;

• C. Off-street parking spaces, maneuvering areas and driveway width, and paving standards;

• D. Landscaping requirements;

• E. Wall, fencing and screening requirements;

• F. Street and highway dedication and improvement standards;

• G. Lot area and width requirements;

• H. Operating conditions such as hours or days of operation, number of employees and equipment limitations;

• I. Sign regulations other than outdoor advertising. (LACC Ord. 1494 § 502.1, 1974)

Any person desiring any permit required by or provided for in this code, may file an application therefor with the director, except that no application shall be filed or accepted if final action has been taken within one year prior thereto by either the commission or city council on an application requesting the same, or substantially the same permit.

(LACC Ord. 1494 § 502.2, 1974; Ord. 11 § 2, 1977)

An application for a variance shall contain the following information, unless waived by the director:

• A. A project application form and supplemental application for the variance, including a description of the proposed project, a statement of how the request meets the required variance findings and an original signature of the property owner;

• B. An initial study questionnaire for environmental review;

• C. A map depicting all properties within 300 feet (for residential properties and for commercial properties with lot area 30,000 square feet or less) or 500 feet (for commercial properties with lot area greater than 30,000 square feet) of the project site. A list of the names and addresses of all current owners of these depicted properties, and two sets of envelope labels for these property owners. A notice list affidavit is also required;

• D. A vicinity map depicting all properties within 500 feet of the project site, and indicating their land uses;

• E. Site plan at a scale of one inch equals 20 feet or larger (or as otherwise approved by the director) and including the following:

  1. Location of lot lines, streets (with street names), easements and all structures (existing and proposed),

  2. Slopes, contours, trees and other pertinent physical features,

  3. All exterior building dimensions, setbacks,

  4. Locations, use and approximate distance from property line of the nearest structures on all properties abutting the project site,

  5. Vehicle circulation and parking areas, including dimensions of drive aisles and parking space,

  6. All exterior lighting, existing and proposed;

• F. Building elevations at a scale of one inch equals eight feet or larger (or as otherwise approved by the director) and including the following:

  1. All exterior sides of all existing and proposed buildings,

  2. All exterior building dimensions, including heights,

  3. Description of all exterior building materials;

• G. Floor plans at a scale of one inch equals eight feet or larger (or as otherwise approved by the director) and including the following:

  1. Description of the proposed use of all interior floor area,

  2. All dimensions of interior room or other enclosed areas,

  3. Location of all plumbing equipment, existing or proposed;

• H. A reduced transparency (size eight and one-half inches by 11 inches) for each plan sheet (site plan, floor plan and elevations);

• I. Certificate of water availability;

• J. Property owners affidavit;

• K. Application fee, as established by the current fee schedule adopted by the city council. (LACC Ord. 1494 § 502.3, 1974)

In addition to the information required in the application by Section 11.44.030 , the applicant shall substantiate to the satisfaction of the zoning board and/or the commission the following facts:

• A. That there are special circumstances or exceptional characteristics applicable to the property involved, such as size, shape, topography, location or surroundings, which are not generally applicable to other properties in the same vicinity and under identical zoning classification; and

• B. That such variance is necessary for the preservation of a substantial property right of the applicant such as that possessed by owners of other property in the same vicinity and zone; and

• C. That the granting of the variance will not be materially detrimental to the public welfare or be injurious to other property or improvements in the same vicinity and zone.

• (LACC Ord. 1494 § 502.4, 1974)

The zoning board may recommend denial, and the commission may deny, without a public hearing, an application for a variance if such application does not contain the information required by Sections 11.44.030 and 11.44.040 . The commission may permit the applicant to amend such application. (LACC Ord. 1494 § 502.6, 1974)

In all cases where an application is filed for a variance the zoning board shall hold a public hearing unless the commission determines to and itself holds a public hearing. In either case the public hearing shall be held pursuant to the procedure provided by Chapter 11.48 of this code. (LACC Ord. 1494 § 502.7, 1974)

The zoning board may recommend approval and the commission may approve an application for a variance where the information submitted by the applicant and/or presented at public hearing substantiates the following findings:

• A. That because of special circumstances or exceptional characteristics applicable to the property, the strict application of this code deprives such property of privileges enjoyed by other property in the vicinity and under identical zoning classification; and

• B. That the adjustment authorized will not constitute a grant of special privilege inconsistent with the limitations upon other properties in the vicinity and zone in which the property is situated; and

• C. That strict application of zoning regulations as they apply to such property will result in practical difficulties or unnecessary hardships inconsistent with the general purpose of such regulations and standards;

• D. That such adjustment will not be materially detrimental to the public health, safety or general welfare, or to the use, enjoyment or valuation of property of other persons located in the vicinity; and

• E. That the proposed project preserves the existing scale and character of the surrounding neighborhood and protects public views, and aesthetic values in the neighborhood;

The commission shall deny the application where the information submitted by the applicant and/or presented at public hearing fails to substantiate such findings to the satisfaction of the commission. (LACC Ord. 1494 § 502.8, 1974; Ord. 171 § 1, 1989)

If it appears that the variance requested will require a greater water supply for adequate fire protection than does either the existing use or any use permitted in the same zone without a variance, and will not comply with the provisions of LACC Ordinance No. 7834, such facts shall be prima facie evidence that such requested variance will adversely affect and be materially detrimental to adjacent uses, buildings and structures and will not comply with the provisions of Section 11.44.080 . (LACC Ord. 1494 § 502.9, 1974)

The commission in approving an application for a variance may impose such conditions as it deems necessary to insure that the adjustment will be in accord with the findings required by Section 11.44.080 . Conditions imposed by the commission may involve any pertinent factors affecting the establishment, operation and maintenance of the use for which such variance is requested, including, but not limited to those specified in Section 11.43.100 . (LACC Ord. 1494 § 502.10, 1974)

A variance which is not used within the time specified in such variance, or, if no time is specified, within one year after the granting of the variance, becomes null and void and of no effect except that in all cases the commission may extend such time for a period of not to exceed one year, provided an application requesting such extension is filed prior to such expiration date. (LACC Ord. 1494 § 502.11, 1974)

Where an appeal is filed relative to any variance, the date of decision by the city council of such appeal shall be deemed the date of grant in determining said expiration date. (LACC Ord. 1494 § 502.12, 1974; Ord. 11 § 2, 1977)

Neither the provisions of this chapter nor the granting of any permit provided for in this chapter authorizes or legalizes the maintenance of any public or private nuisance. (LACC Ord. 1494 § 502.13, 1974)

Unless specifically modified by a variance, all regulations prescribed in the zone in which such variance is granted shall apply.

(LACC Ord. 1494 § 502.15, 1974)

A variance that is valid and in effect, and was granted pursuant to the provisions of this code, shall adhere to the land and continue to be valid upon change of ownership of the land or any lawfully existing building or structure on said land. (LACC Ord. 1494 § 502.16, 1974)