The following provisions are intended to ensure that:
1. 
Variances from the terms of this Code shall be granted only when, because of special or unique circumstances applicable to the property, including location, shape, size, surroundings or topography, the strict application of this Code denies the property of privileges enjoyed by other property located nearby and in an identical zoning district;
2. 
Any Variance granted shall be subject to conditions which will ensure that the adjustment authorized shall not constitute a granting of special privilege(s) inconsistent with the limitations upon other property in the vicinity and zoning district in which the property is situated;
3. 
The power to grant Variances does not extend to use regulations. Flexibility in use regulations is provided in Article 11 of this chapter (Conditional Use Permits).
4. 
A request for reasonable accommodation in the application of zoning regulations for a disabled person is not a variance, but is covered under Section 9-3.1901 of the Huntington Park Municipal Code.
(§ 1, Ord. 666-NS, eff. September 15, 2001, as amended by § 1, Ord. 844-NS, eff. January 7, 2010)
An application for a Variance shall be filed in compliance with Article 22 of this chapter (Applications and Fees).
(§ 1, Ord. 666-NS, eff. September 15, 2001)
The Commission may grant a Variance from the requirements of this Code. Examples include, but are not limited to, the following matters:
1. 
Permit the modification of the dimensional standards of the following:
A. 
Distance between structures;
B. 
Parcel area (size);
C. 
Parcel coverage;
D. 
Parcel dimensions;
E. 
Setbacks; or
F. 
Structure heights.
2. 
Permit the modification of sign regulations (other than prohibited signs); and
3. 
Permit the modification of the number and dimensions of parking areas, loading spaces, landscaping or lighting requirements.
(§ 1, Ord. 666-NS, eff. September 15, 2001)
Each Variance application shall be analyzed to ensure that the application is consistent with the purpose/intent of this article and the City's CEQA Guidelines. To ensure effective implementation of General Plan policies relating to design, each applicable Variance shall be reviewed by the Director prior to determination by the Commission. Additionally, any application which may result in grading shall require the submittal of preliminary grading plans for review and recommendation by the City Engineer and approval by the Commission.
(§ 1, Ord. 666-NS, eff. September 15, 2001)
Upon receipt in proper form of a Variance application and compliance with the City's CEQA Guidelines, a public hearing shall be set and notice of the hearing given in compliance with Article 23 of this chapter (Hearings and Appeals).
(§ 1, Ord. 666-NS, eff. September 15, 2001)
Following a public hearing, the Commission shall record the decision in writing and shall recite the findings upon which the decision is based, in compliance with State law (Government Code Section 65906 or as this section may be amended/replaced from time to time). The Commission may approve and/or modify an application in whole or in part, with or without conditions, only if all of the following findings are made:
1. 
That there are special circumstances applicable to the property, including location, shape, size, surroundings or topography so that the strict application of this Code denies the property of privileges enjoyed by other property in the vicinity and under identical zoning district classification;
2. 
That granting the Variance is necessary for the preservation and enjoyment of a substantial property right possessed by other property in the same vicinity and zoning district and unavailable to the property for which the Variance is sought;
3. 
That granting the Variance will not be detrimental to the public health, safety or welfare, or injurious to the property or improvements in the vicinity and zoning district in which the property is located;
4. 
That granting the Variance does not constitute a special privilege inconsistent with the limitations upon other property in the vicinity and zoning district in which the property is located;
5. 
That granting the Variance does not allow a use or activity which is not otherwise expressly authorized by the regulations governing the subject parcel; and
6. 
That granting the Variance will not be inconsistent with the General Plan.
(§ 1, Ord. 666-NS, eff. September 15, 2001)
The granting of a prior Variance is not admissible evidence for the granting of a new Variance.
(§ 1, Ord. 666-NS, eff. September 15, 2001)
The burden of proof to establish the evidence in support of the findings is the responsibility of the applicant.
(§ 1, Ord. 666-NS, eff. September 15, 2001)
In approving a Variance, the Review Authority may impose conditions (e.g., buffers, landscaping and maintenance, off-site improvements, performance guarantees, property maintenance, surfacing, traffic circulation, etc.) deemed reasonable and necessary to ensure that the approval would be in compliance with the findings required by Section 9-2.906 (Findings), above.
(§ 1, Ord. 666-NS, eff. September 15, 2001)
A Variance shall be exercised within one year from the date of approval or the Variance shall become void.
(§ 1, Ord. 666-NS, eff. September 15, 2001)
The Commission may grant time extensions not to exceed one-year increments. A time extension request shall be filed no later than 90 days after expiration and for good cause. Prior to granting an extension, the Commission shall ensure that the Variance complies with all current Code provisions. If granted, the Variance shall be extended from the date of expiration.
(§ 1, Ord. 666-NS, eff. September 15, 2001, as amended by § 3, Ord. 863-NS, eff. December 15, 2010)
The Commission may hold a public hearing to revoke or modify a Variance granted in compliance with the provisions of this chapter. Fifteen days prior to the public hearing, notice shall be delivered in writing to the applicant and/or owner of the property for which the Variance was granted. Notice shall be deemed delivered two days after being mailed, first class postage paid, to the owner as shown on the current tax rolls of the County of Los Angeles and/or the project applicant.
A Variance may be revoked or modified by the Commission if any one of the following findings can be made:
1. 
That circumstances have been changed by the applicant to a degree that one or more of the findings contained in the original permit can no longer be made in a positive manner, and the grantee has not substantially exercised the rights granted by the Variance;
2. 
That the Variance was issued, in whole or in part, on the basis of a misrepresentation or omission of a material statement in the application, or in the applicant's testimony presented during the public hearing, for the entitlement or permit;
3. 
That the improvement authorized in compliance with the Variance had ceased or was suspended for six or more months;
4. 
That one or more of the conditions of the Variance have not been met, and the grantee has not substantially exercised the rights granted by the Variance;
5. 
That the improvement authorized in compliance with the Variance is in violation of any statute, ordinance, law or regulation; or
6. 
That the improvement authorized in compliance with the Variance is detrimental to the public health, safety or welfare or constitutes a nuisance.
(§ 1, Ord. 666-NS, eff. September 15, 2001)
The applicant/owner may be required to provide adequate performance security in compliance with Section 9-2.2402 (Performance guarantee requirements) for the faithful performance of any/all conditions of approval imposed by the Commission.
(§ 1, Ord. 666-NS, eff. September 15, 2001)
All applications shall be subject to the applicable provisions of this Code, including the procedures outlined in the following Articles:
1.
Article 22 of this chapter
Applications and Fees
2.
Article 23 of this chapter
Hearings and Appeals
(§ 1, Ord. 666-NS, eff. September 15, 2001)