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(Title Amended by Ord. No. 173,268, Eff. 7/1/00, Oper. 7/1/00.)
A. Purpose. The principal objective of the Land Use Element of the General Plan is to provide for the proper location of all types of land use. Among those land use categories which are necessary to the public health, safety, welfare and convenience are Public, Quasi-Public, Public/ Quasi-Public Use, Other Public and Open Space. Physical development in these areas is intended to be used in a manner consistent with such designated purposes. This principle also applies to property shown, on the land use map of the General Plan as having existing lakes, waterways, reservoirs, debris basins, or similar facilities, or as the location of a freeway right-of-way; and to any property annexed to the City of Los Angeles where a Plan amendment was not adopted as part of the annexation proceedings. Any other use of these parcels requires special consideration as to its appropriateness in relation to adjacent uses, to the development of the community, and to the various Elements of the General Plan. Therefore, the development of such locations shall be regulated by the following provisions of this section.
B. Scope. This section shall apply to any property designated by the land use map of the applicable Community or District Plan for a land use category of Public, Quasi- Public, Public/Quasi-Public Use, Other Public, or Open Space, and to property shown on such map as having existing lakes, waterways, reservoirs, debris basins, or similar facilities, or as the location of a freeway right-of- way. This section shall also apply to any property which was annexed to the City of Los Angeles where a Plan amendment was not adopted as part of the annexation proceedings.
Notwithstanding the above, this section shall not apply to any of the following:
1. The issuance of a building permit for any alteration, remodeling or repair of an existing building or structure if such alteration does not increase the height, floor area, number of occupants, dwelling units, guest rooms, or parking previously existing for said building or structure and does not change the use;
2. A use consisting of one single-family dwelling, including accessory uses;
3. A residential use consisting of more than one dwelling units, including accessory uses, which does not exceed 10% of the density permitted by the zoning on said lot;
4. A nonresidential use permitted by the zoning of a lot, provided that such, use (including all buildings, driveways, roadways, or other paved or impermeable surfaces) does not cover more than 20% of the lot area, and that any proposed buildings or structures do not exceed two stories or 25 feet in height;
5. Any valid conditional use, which has not expired;
6. Any tentative tract where a determination of consistency with the General Plan was adopted or approved after January 1, 1979, and has not expired, provided such action was taken subsequent to the adoption of the Community or District Plan land use designation for the area involved;
7. Uses expressly exempted from the provisions of this section by an ordinance changing the zone classification of a lot;
8. A use permitted by an ordinance establishing a Supplemental Use District pursuant to Sec. 13B.1.3. (Zoning Code Amendment) of Chapter 1A
of this Code; (Amended by Ord. No. 187,712, Eff. 1/23/23, Oper. 1/22/24; Ord. No. 187,930, Eff. 7/7/23.)
9. Developments where a final determination of consistency with the General Plan was made prior to June 1, 1988, pursuant to Sections 5 or 6 of Ordinance No 159,748, the Interim Permit Consistency Ordinance;
10. Parks, playgrounds or community centers, owned and operated by a federal state or local governmental agency;
11. (Amended by Ord. No. 173,268, Eff. 7/1/00, Oper. 7/1/00.) Projects subject to Section 15.00 of this Code;
12. Property within the boundaries of the adopted Port of Los Angeles District Plan and subject to the provisions of the adopted Port Master Plan, which is a local coastal program implementing the provisions of the California Coastal Act of 1976; and
13. Property for which a written determination of exception by the Director of Planning pursuant to Subsection H. of this section has been obtained.
C. Authority of City Planning Commission. (Amended by Ord. No. 173,268, Eff. 7/1/00, Oper. 7/1/00.) If the City Planning Commission finds that a lot is within the scope of this section, as set forth in Subsection B., then the City Planning Commission may approve a use permitted by the zoning of the lot if it finds that the proposed use at the proposed location will be proper in relation to adjacent uses, desirable to the public convenience or welfare and that the use and location will be consistent with the objectives of the various elements of the General Plan. In making a determination of consistency, the City Planning Commission shall consider whether the density, intensity, (i.e., floor area), height and use of the proposed development are permitted by and compatible with the designated use, density, intensity, height (or range of uses, densities, intensities or heights) set forth for adjacent and surrounding properties on the land use map of the applicable community or district plan and as those designations are further explained by any footnotes on the map and the text of the plan.
D. Conditions of Approval. (Amended by Ord. No. 173,268, Eff. 7/1/00, Oper. 7/1/00.) In granting an approval of a use pursuant to this section, the City Planning Commission may impose conditions as it deems necessary to protect the best interests of the surrounding property or neighborhood, to assure that the proposed use will be compatible with land uses, zoning classifications, and other restrictions of adjacent and surrounding properties, and to secure an appropriate development in harmony with the objectives of the General Plan.
E. Procedure and Appeal. The procedures for approval and appeal of any land use determination pursuant to this section shall be by the City Planning Commission as the initial decision-maker or the Council as the appellate body. The procedures for reviewing deciding on applications shall be those in Sec. 13B.2.3. (Class 3 Conditional Use Permit) of Chapter 1A
of this Code. A land use determination made pursuant to this section shall be deemed a conditional use for and subject to the provisions of Sec. 13B.2.3. (Class 3 Conditional Use Permit) and 13B.6.1. (Evaluation of Non-Compliance) of Chapter 1A
of this Code. (Amended by Ord. No. 187,712, Eff. 1/23/23, Oper. 1/22/24; Ord. No. 187,930, Eff. 7/7/23.)
F. Existing Uses. For any lot or portion thereof being lawfully used at the time this section becomes effective, such use shall be deemed to be an approved use for purposes of this section. Further, the conditions included in any special district ordinance, exception or variance which authorizes such use shall also continue in effect.
G. (Deleted by Ord. No. 187,712, Eff. 1/23/23, Oper. 1/22/24; Ord. No. 187,930, Eff. 7/7/23.)
H. Exception. Notwithstanding any provisions of this section to the contrary, a lot is excepted from the provisions of this section if the Director of Planning, pursuant to an application therefor, makes the following findings:
1. that the General Plan/Zoning Consistency Program has been completed for the subject property;
2. that the subject property is designated on the applicable Community or District Plan land use map as Public, Quasi-Public, Public/Quasi-Public Use, Other Public, or Open Space; that the density, intensity (i.e., floor area), height and use of the proposed development are permitted by and consistent with the designated use, density, intensity, height set forth for all adjacent and surrounding properties on the land use map of the applicable Community or District Plan, and as such designations are further explained by any footnotes on the map and the text of such Plan; and
3. that the density, intensity (i.e., floor area), height and use of the proposed development are permitted by and consistent with the designated use, density, intensity, height set forth for all adjacent and surrounding properties on the land use map of the applicable Community or District Plan, and as such designations are further explained by any footnotes on the map and the text of such Plan; and
4. that at the time of the completion of the General Plan/Zoning Consistency Program, the subject property was not owned or operated by any federal, state, or local governmental agency.
The Director shall also make a finding as to the use of the subject property at the time of the completion of the General Plan/Zoning Consistency Program for the subject property. If the Director finds that the property was vacant or undeveloped land or was being used for any of the following uses, then the Director shall disapprove the exception request:
(i) Park;
(ii) Recreation Site;
(iii) School, including College;
(iv) Golf Course, or Club;
(v) Natural Resource Preserve;
(vi) Public or Private Beach;
(vii) Lake, Waterway, Reservoir; Debris Basin, or Similar Facilities;
(viii) Freeway rights-of-way;
(ix) Street ; or
(x) Public Utility rights-of-way (not including railroad rights-of-way).
I. Map Symbol. A pound symbol, “#”, or other appropriate designation, may be placed on the Zoning Map at the conclusion of the General Plan/Zoning Consistency Program for a Community or District Plan area. A pound symbol on the Zoning Map indicates that the Director of Planning has determined the properties so marked are designated by the land use map of the applicable Community or District Plan, for Public, Quasi-Public, Public/Quasi- Public Use, Other Public, or Open Space use. A pound symbol may also indicate that the Director has determined the properties so marked are shown on such District or Community Plan maps as being lakes, waterways, reservoirs, debris basins, or similar facilities, or as the location of a freeway right-of-way.
The purpose of this symbol is to provide assistance to the public and appropriate City agencies in the administration of this section. It does not change the zoning classification of the parcel.
However, if the Director determines that a pound symbol has been placed on the Zoning Map as a result of an error, then the Director shall make a written finding to that effect and authorize such correction to the map as may be necessary. The fact that a property or use comes within an exception under Subsection B. of this section does not require the removal of a pound symbol from the Zoning Map.
A property which is designated on a District or Community Plan in a manner which causes it to be subject to the provisions of this section shall be governed by this section whether or not the Zoning Map bears a pound symbol for that property.
(Amended by Ord. No. 187,712, Eff. 1/23/23, Oper. 1/22/24; Ord. No. 187,930, Eff. 7/7/23.)
Utilization of Approvals.
1. See Sec. 13A.2.7. (Scope of Decision) of Chapter 1A of this Code.
2. Approvals with Effective Dates Between July 15, 2005 and December 31, 2010. The expiration period of any approval by the Zoning Administrator, Director of Planning, an Area Planning Commission, or the City Planning Commission as initial decision makers (as well as any approval by a Deputy Advisory Agency acting in the capacity as a Zoning Administrator or as the Director of Planning’s designee), pursuant to the provisions of Chapter 1 (General Provisions and Zoning) or any ordinance adopted pursuant to Chapter 1 (General Provisions and Zoning), shall automatically be increased by 60 months if the effective date of approval was July 15, 2005, through December 31, 2007; by 48 months if the effective date of approval was January 1, 2008, through December 31, 2008; and 24 months if the effective date of approval was January 1, 2009, through December 31, 2010, provided that the Director makes a written finding that the prior discretionary approval and the required environmental review considered significant aspects of the approved project and that the existing environmental documentation under the California Environmental Quality Act is adequate for the issuance of the extension. This one-time extension of time supersedes any previous extensions of time granted pursuant to Ordinances Nos. 180,647 and/or 181,269.
(Amended by Ord. No. 187,712, Eff. 1/23/23, Oper. 1/22/24; Ord. No. 187,930, Eff. 7/7/23.)
A. See Sec. 13A.1.8. (Department of Building and Safety) and Sec. 13B.10.1. (General Provisions) of Chapter 1A
of this Code.
B. Parking Facility Modifications. The Superintendent of Building may grant slight modifications in the requirements of Section 12.21 A.5. of this Code if it is impractical to apply the design criteria set forth therein due to the unusual topography, peculiar shape of location of the lot, or where parking angles are less than 40 degrees. The Superintendent of Building may also grant slight modifications in such requirements where such modifications will improve the design or functioning of the parking area or garage, or where attendant parking is assured to the Superintendent of Building’s satisfaction.
The power to grant such modifications shall be exercised in accordance with the procedure established in Section 98.0403 of this Code.
C. Certificate of Occupancy. No vacant land shall be occupied or used, except for agricultural uses, and no building erected or structurally altered shall be occupied or used until a certificate of occupancy shall have been issued by the Superintendent of Building.
1. Certificate of Occupancy for a Building.
(a) A certificate of occupancy for a new building or the enlargement or alteration of an existing building shall be applied for coincident with the application for a building permit. The certificate of occupancy shall be issued after the request for it has been made in writing to the Superintendent of Building after the erection, enlargement or alteration of the building or part of the building has been completed in conformity with the provisions of these regulations. Pending the issuance of a regular certificate, a temporary certificate of occupancy may be issued by the Superintendent of Building for a period not to exceed six months, during the completion of alterations or during partial occupancy of a building pending its completion. Such temporary certificate shall not be construed as in any way altering the respective rights, duties, or obligations of the owners or of the City relating to the use or occupancy of the premises or any other matter covered by this chapter, and such temporary certificate shall not be issued except under such restrictions and provisions as will adequately insure the safety of the occupants.
(b) Whenever the automobile parking spaces which are required for a building by the provisions of this Article, are provided on a lot other than the one on which the building is located, the certificate of occupancy for said building shall be valid only while such parking spaces are being so maintained and shall bear a notation to that effect. Said certificate shall be kept posted in a conspicuous place in the building. The Superintendent of Building shall keep a record of each lot on which required automobile parking spaces are provided for a building located on another lot, and whenever the Superintendent of Building finds that such automobile parking spaces are no longer so maintained, the Superintendent of Building shall notify the persons having custody of the building of that fact. If at any time such automobile parking spaces are not being maintained, the certificate of occupancy shall automatically be cancelled and said building shall not thereafter be occupied or used until the required automobile parking spaces are again provided and a new certificate is issued.
(c) Whenever a lot abutting a public alley in the “C” Zone is developed and used solely for dwelling or apartment house purposes with no more than 20 dwelling units on the lot and no loading space is provided, the certificate of occupancy for any building thereon shall be valid only while all the buildings on said lot are maintained for said use and the certificate shall bear a notation to that effect. If at any time any of the buildings on said lot are structurally altered or enlarged, or the use thereof is changed to a hospital, hotel, institution, commercial or industrial purposes, or a dwelling or apartment house so as to exceed 20 dwelling units on the lot, the certificate shall automatically be cancelled and none of the buildings on said lot shall thereafter be occupied or used until the required loading space is provided and a new certificate is issued.
(d) Wherever authority is granted to permit the sale of a lot in a residential planned development contingent upon the possession of an interest in common areas and facilities which are appurtenant to said lot, The Certificate of Occupancy for buildings on said lot shall be valid only while said interest is held by the owner. Said interest may be through shares of stock or voting membership in an owners association.
2. Certificate of Occupancy for Land. A certificate of occupancy for the use of vacant land or a change in the character of the use of land, including the construction of tennis or paddle tennis courts, as herein provided, shall be applied for before any such land shall be occupied or used for any purpose except that of tilling the soil and the growing therein of farm, garden or orchard products; and a certificate of occupancy shall be issued after the application has been made, provided such use is in conformity with the provisions of the Municipal Code.
3. Certificate of Occupancy – Contents – Filing Fee. The Certificate of Occupancy shall state that the building or proposed use of a building or land conforms to the provisions of this chapter. A record of all certificates shall be kept on file in the office of the Superintendent of Building, and copies shall be furnished, on request, to any person having a proprietary or tenancy interest in the building or land affected. A fee shall be charged for each original certificate of occupancy pursuant to Subdivision 10. of Subsection (b) of Section 91.0304 of the Los Angeles Municipal Code.
No excavation for any building shall be started before application has been made for a certificate of occupancy.
4. Plats. All applications for a certificate of occupancy shall be made on a printed form to be furnished by the Superintendent of Building, and shall contain accurate information and dimensions as to the size and location of the lot, the size and location of the buildings or structures on the lot, the dimensions of all yards and open spaces, and such other information as may be necessary to provide for the enforcement of these regulations. Where complete and accurate information is not readily available from existing records, the Superintendent of Building may require the applicant to furnish a survey of the lot prepared by a licensed surveyor. The applications and plats shall be kept in the office of the Superintendent of Building, and the duplicate copy shall be kept at the building at all times during construction.
5. Recorded Agreements. Whenever the off- street automobile parking spaces required by this section are provided on a different lot from that on which the use they are to serve is located, as a prerequisite to the issuance of the required building permit or certificate of occupancy, the owner or owners of said lot on which parking is to be provided shall record an agreement in the Office of the County Recorder of Los Angeles County, California, as a covenant running with the land for the benefit of the City of Los Angeles, providing that such owner or owners shall continue to maintain said parking spaces so long as the building or use they are intended to serve is maintained.
Whenever the total floor area permitted on a lot is to be included in a building which will not cover the entire buildable area of the lot, as a prerequisite to the issuance of the required building permit, the owner or owners of record of said lot shall record in the office of the County Recorder of Los Angeles County, California, a covenant running with the land for the benefit of the City of Los Angeles providing that so long as said building is maintained on said lot said owner or owners will not erect any additional buildings on the unoccupied buildable area of the lot.
D. Auto Dismantling Yards, Junk Yards, Scrap Metal or Recycling Materials Processing Yards, Recycling Collection and/or Buyback Centers, Recycling Materials Sorting Facilities and Cargo Container Storage Yards. See Sec. 13B.10.3. (Annual Inspection Monitoring of Auto Dismantling Yards, Junk Yards, Scrap Metal or Recycling Materials Processing Yards, Recycling Collection and/or Buyback Centers, Recycling Materials Sorting Facilities and Cargo Container Storage Yards) of Chapter 1A
of this Code.
E. Building Permits. No tennis or paddle tennis court accessory to a primary residential use on the same lot in the A or R Zones shall be constructed until application for a building permit therefor has been filed with and issued by the Department of Building and Safety.
F. Automotive Repair Garage and Used Vehicle Sales Areas. See Sec. 13B.10.4. (Annual Inspection Monitoring of Automotive Repair Garage and Used Vehicle Sales Areas) of Chapter 1A
of this Code.
Minimum Standards.
(a) All automotive repair garages shall comply with the following minimum standards:
(1) All body and fender repairing when conducted within 300 feet of an A or R Zone shall be done within a completely enclosed building or room. The doors of such building or room may be open during the following hours:
(i) From 7 a.m. until 8 p.m. on Mondays through Fridays;
(ii) From 9 a.m. until 8 p.m. on Saturdays; and
(iii) From 11 a.m. until 8 p.m. on Sundays.
At all other times, the doors of such building or room shall be closed, except at intervals necessary for ingress and egress.
(2) All body and fender repairing when conducted within 150 feet of an A or R Zone shall be done within a completely enclosed building or room with stationary windows. The doors of such building or room may be opened only at intervals necessary for ingress and egress, except that garage bay doors may be open during the hours of operation set forth in Paragraph (1) of this subdivision, provided:
(i) A minimum 10-foot-high solid masonry fence or a minimum 10-foot-high intervening commercial or industrial building enclosed on at least three sides is maintained at the property line adjacent to the A or R Zone, or;
(ii) Doors facing a public street shall be closer to the property line adjacent to the public street than the required yard setback of any adjacent A or R Zone.
(3) All automotive spray painting shall be done in full compliance with the provisions of Article 7 of Chapter 5 of the Code regulating these installations; provided further, that no spray painting may be done except in an approved spray booth or room approved for this use that is located within a wholly enclosed building. In the M2 or M3 Zone a spray booth approved for use outside of a building may be utilized if allowed by all other jurisdictions having authority over spray painting.
(4) Except for allowable outside uses when conducted in the M2 or M3 Zones, all other operations shall be conducted within a building enclosed on at least three sides, except for the following, which may be conducted within the first 18 feet in depth measured perpendicular to the entire length of the building wall containing a garage bay door; said area shall not displace any required parking:
(i) electrical diagnostics;
(ii) battery charging and changing;
(iii) tire removal and replacement, provided the vehicle is not elevated more than 12 inches off the ground measured to the bottom of the tire. A portable hoist only, may be used for this purpose.
(5) If the building is located within 50 feet of a lot in an A or R Zone with no intervening street, the wall of the building nearest such Zone shall have no openings other than doors or stationary windows. Such doors shall be permitted only if the building is adjacent to an alley and may be opened only at intervals necessary for ingress or egress.
(6) Automotive hoists, of any type or size, except as provided in Paragraph (4)(iii) above or allowed and operated in an M2 or M3 Zone, shall be located or operated only inside a fully enclosed building.
(b) All Used Vehicle Sales Areas shall comply with the following:
(1) All used vehicle sales areas established after January 1, 2005, shall provide supplemental customer parking, on site, of at least one space for every 2,000 square feet of vehicle sales area. This parking is in addition to all other parking required for the lot and shall be conspicuously posted and used for customer parking only. There shall be a minimum of two customer parking spaces provided for any used vehicle sales area.
(2) All repair work done on site must comply with the provisions of this subsection whether or not the repairs are done on customer or dealer owned vehicles.
(3) All other provisions of the Code which apply to used vehicle sales must be complied with at all times.
(4) Exception: Display of not more than three vehicles for purposes of sale or trade, at any one time, which is accessory to an approved use on the same lot and not occupying any required parking spaces, does not require a separate certificate of occupancy, additional parking, or annual inspection.
G. Transportation Demand Management and Trip Reduction Measures.
1. Definitions. For the purpose of this section, certain words and terms are defined as follows:
Carpool. A vehicle carrying two to five persons to and from work on a regular schedule.
Development. The construction of new non-residential floor area.
Gross Floor Area. That area in square feet confined within the outside surface of the exterior walls of a building, as calculated by adding the total square footage of each of the floors in the building, except for that square footage devoted to vehicle parking and necessary interior driveways and ramps.
Preferential Parking. Parking spaces, designated or assigned through use of a sign or painted space markings for Carpools or Vanpools, that are provided in a location more convenient to the entrance for the place of employment than parking spaces provided for single-occupant vehicles.
Transportation Demand Management (TDM). The alteration of travel behavior through programs of incentives, services, and policies, including encouraging the use of alternatives to single-occupant vehicles such as public transit, cycling, walking, carpooling / vanpooling and changes in work schedule that move trips out of the peak period or eliminate them altogether (as in the case in telecommuting or compressed work weeks).
Trip Reduction. Reduction in the number of work-related trips made by single-occupant vehicles.
Vanpool. A vehicle carrying six or more persons to and from work on a regular schedule, and on a prepaid basis.
Vehicle. Any motorized form of transportation, including but not limited to automobiles, vans, buses and motorcycles.
2. Applicability. This subdivision applies only to the construction of new non-residential gross floor area. Prior to the issuance of a building permit, the owner / applicant shall agree, by way of a covenant that runs with the land, to provide and maintain in a state of good repair the following applicable transportation demand management and trip reduction measures.
3. Requirements.
(a) Development in excess of 25,000 square feet of gross floor area. The owner shall provide a bulletin board, display case, or kiosk (displaying transportation information) where the greatest number of employees are likely to see it. The transportation information displayed should include, but is not limited to, the following:
(1) Current routes and schedules for public transit serving the site;
(2) Telephone numbers for referrals on transportation information including numbers for the regional ridesharing agency and local transit operations;
(3) Ridesharing promotion material supplied by commuter-oriented organizations;
(4) Regional / local bicycle route and facility information;
(5) A listing of on-site services or facilities which are available for carpoolers, vanpoolers, bicyclists, and transit riders.
(b) Development in excess of 50,000 square feet of gross floor area. The owner shall comply with Paragraph (a) above and in addition shall provide:
(1) A designated parking area for employee carpools and vanpools as close as practical to the main pedestrian entrance(s) of the building(s). This area shall include at least ten percent of the parking spaces required for the site. The spaces shall be signed and striped sufficient to meet the employee demand for such spaces. The carpool / vanpool parking area shall be identified on the driveway and circulation plan upon application for a building permit;
(2) One permanent, clearly identified (signed and striped) carpool / vanpool parking space for the first 50,000 to 100,000 square feet of gross floor area and one additional permanent, clearly identified (signed and striped) carpool / vanpool parking space for any development over 100,000 square feet of gross floor area;
(3) Parking spaces clearly identified (signed and striped) shall be provided in the designated carpool / vanpool parking area at any time during the building’s occupancy sufficient to meet employee demand for such spaces. Absent such demand, parking spaces within the designated carpool / vanpool parking area may be used by other vehicles;
(4) No signed and striped parking spaces for carpool / vanpool parking shall displace any handicapped parking;
(5) A statement that preferential carpool / vanpool spaces are available on- site and a description of the method for obtaining permission to use such spaces shall be included on the required transportation information board;
(6) A minimum vertical clearance of 7 feet 2 inches shall be provided for all parking spaces and accessways used by vanpool vehicles when located within a parking structure;
(7) Bicycle parking shall be provided in conformance with Section 12.21 A.16. of this Code.
(c) Development in excess of 100,000 square feet of gross floor area. The owner shall comply with Paragraphs (a) and (b) above and shall provide:
(1) A safe and convenient area in which carpool / vanpool vehicles may load and unload passengers other than in their assigned parking area;
(2) Sidewalks or other designated pathways following direct and safe routes from the external pedestrian circulation system to each building in the development;
(3) If determined necessary by the City to mitigate the project impact, bus stop improvements shall be provided. The City will consult with the local bus service providers in determining appropriate improvements. When locating bus stops and/or planning building entrances, entrances shall be designed to provide safe and efficient access to nearby transit stations/stops;
(4) Safe and convenient access from the external circulation system to bicycle parking facilities on-site.
4. Exceptions. The provisions of this subsection shall not apply to developments for which an application has been deemed complete by the City pursuant to Government Code Section 65943, or for which a Notice of Preparation for a Draft Environmental Impact Report has been circulated or for which plans sufficient for a complete plan check were accepted by the Department of Building and Safety, on or before the effective date of this ordinance.
5. Monitoring. The Department of Transportation shall be responsible for monitoring the owner / applicant’s continual implementation and maintenance of the project trip reduction features required by this ordinance.
6. Enforcement. Applicants shall execute and record a Covenant and Agreement that the trip reduction features required by this ordinance will be maintained, that required material specified in Subdivision 3.(a)(1) - (5) will be continually posted, and that additional carpool / vanpool spaces within the designated preferential area will be signed and striped for the use of ridesharing employees based on demand for such spaces. The Covenant and Agreement shall be acceptable to the Department of Transportation.
7. Hardship Exemption. In cases of extreme hardship, duly established to its satisfaction, the City Council, acting in its legislative capacity, and by resolution, may grant an exemption from any/or all the provisions of this ordinance. In granting such an exemption, the City Council shall make the following findings:
(a) Specific features of the development make it infeasible to satisfy all of the provisions of this subsection; and
(b) The applicant has committed to provide equivalent alternative measures to reduce vehicle trips.
H. Appeals from Building Department Determinations. See Sec. 13B.10.2. (Appeals from LADBS Determinations) of Chapter 1A
of this Code.
(Amended by Ord. No. 187,712, Eff. 1/23/23, Oper. 1/22/24; Ord. No. 187,930, Eff. 7/7/23.)
See Sec. 13B.5.3. (Variance) of Chapter 1A of this Code.
(Amended by Ord. No. 187,712, Eff. 1/23/23, Oper. 1/22/24; Ord. No. 187,930, Eff. 7/7/23.)
See Sec. 13B.6.2. (Nuisance Abatement/Revocation) of Chapter 1A of this Code.
(Amended by Ord. No. 187,712, Eff. 1/23/23, Oper. 1/22/24; Ord. No. 187,930, Eff. 7/7/23.)
A. Adjustments. The Director shall have the authority to grant adjustments in the Yard, area, Building line and height requirements of Chapter 1 of this Code, pursuant to Sec. 13B.5.2. (Adjustment) of Chapter 1A
of this Code. An adjustment shall not be permitted for relief from a density (Lot area per unit) or height requirement, excluding fences and hedges, if the request represents an increase of 20 percent or more than what is otherwise permitted by this Code. A request for an increase of 20 percent or more shall be made as an application for a variance pursuant to Sec. 13B.5.3. (Variance) of Chapter 1A
of this Code, except as may be permitted by other provisions of Chapter 1 of this Code.
The Director shall also have the authority to grant adjustments in Residential Floor Area of no more than a ten percent increase beyond what is otherwise permitted by Chapter 1 of this Code. A request for an increase in Residential Floor Area greater than ten percent shall be made as an application for a variance pursuant to Sec. 13B.5.3. (Variance) of Chapter 1A of this Code, except as may be permitted by other provisions of Chapter 1 of this Code.
B. The Director shall have the authority to grant slight modifications in the yard and area requirements of Chapter 1 of this Code where circumstances make the literal application of the yard and area requirements impractical. Slight Modifications from the yard and area requirements shall be limited to:
1. deviations permitting portions of buildings to extend into a required yard or other open space a distance of no more than 20 percent of the width or depth of the required yard or open space only when the request is filed incidental to another application or appeal within the jurisdiction of the Director; and
2. deviations of no more than ten percent from the required lot area regulations. In those cases, the procedures for notice, hearing, time limits and appeals shall be the same as those applicable to the underlying application or appeal. In granting a slight modification, the Director may impose conditions related to the interests addressed in the findings set forth in Sec. 13B.5.2.E.
D. Public Hearing and Notice.
1. Notwithstanding the provisions of Sec. 13B.5.2 (Adjustment) of Chapter 1A of this Code, an application for an adjustment to permit a game court, including a tennis or paddle tennis court, accessory to a primary residential use on the same lot, or to permit the erection of light standards in conjunction with that use shall be set for public hearing and notice shall be given in the same manner required for adjustments unless the applicant has secured the approval of the owners of all properties abutting, across the street or alley from or having a common corner with the subject property.
2. For R1, RS, RE and RA Zoned properties, the Zoning Administrator must conduct a public hearing for any Adjustment requests.
(Amended by Ord. No. 187,712, Eff. 1/23/23, Oper. 1/22/24; Ord. No. 187,930, Eff. 7/7/23.)
See Sec. 13A.2.7. (Scope of Decision) of Chapter 1A of this Code.
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