Whittier Municipal Code Art. I Variances

When practical difficulties or results inconsistent with the general intent and purpose of this title occur by reason of the strict and literal interpretation of any of its provisions, a zone variance may be granted in the manner set forth in this chapter.

(Ord. No. 3159, § 3(Exh. A), 11-12-24)

A. When Variance is to be issued. If the body hearing an application for a zoning variance finds that every standard in subsection C of this section is met by the evidence presented at the hearing, it shall grant the variance.

B. Burden of Proof. The applicant shall have the burden of proof to show the existence of facts which support the conclusion that the standards are met.

C. Findings. The required findings for the granting of a variance are as follows:

1. There are special circumstances applicable to the subject property (i.e. Size, shape, topography, location, surroundings) which cause the strict application of the zoning ordinance to deprive the property of privileges which are enjoyed by other property in the vicinity and under identical zoning classification.

2. The variance would not be the grant of a special privilege inconsistent with the limitations on other nearby properties in the same zone.

3. Issuance of the variance would not be materially detrimental to the public health, safety or welfare nor unreasonably impact nearby properties.

4. Issuance of the variance would be consistent with the purposes of the general plan and the zoning regulations

(Ord. No. 3159, § 3(Exh. A), 11-12-24)