Chiloquin City Zoning Code

A.

The planning commission and/or the city council may grant a variance from the zones established by this title upon the findings that such variance will not be contrary to the intent of the title nor a deviation from the city land use plan.

B.

The planning commission and/or the city council, before it may grant the variance, shall further determine:

1.

The property affected by the variance is adequate in size and shape to facilitate those uses that are normally allowed in conjunction with such zoning;

2.

The variance will have no adverse effect on abutting property or the permitted uses thereof.

(Ord. 329 §2(part), 1972)

An application for granting of a variance shall be initiated by the owner of the property upon which the variance is sought or by the authorized representative of the owner. The planning commission and/or the city council may initiate proceedings to grant the variance by motion and then conduct public hearing thereon as hereinafter provided.

(Ord. 329 §2(part), 1972)

An application for a variance shall be filed with the city recorder as secretary of the planning commission, as a written request and shall set forth in detail all the information following: Location and description of the property, and the reason why the variance is being requested.

(Ord. 329 §2(part), 1972)

The applicant shall file, along with an application for a variance a list of the names and addresses of all owners of property situated within two hundred feet of the external boundaries of the property affected by the application as such names and addresses are shown on the last preceding tax roll of the county assessor of Klamath County.

(Ord. 329 §2(part), 1972)

An application for a variance with the requested information attached thereto shall be accompanied with a minimum nonrefundable filing fee of fifty dollars to defray the costs incidental to the proceedings. If cost of the proceedings exceed the fifty dollars filing fee then the person or persons requesting a zone change will pay the additional costs.

(Ord. 357 §1, 1974; Ord. 329 §2(part), 1972)

If it is determined that the application does not provide the desired information nor have attached thereon, other pertinent data requested, the application shall not be accepted.

(Ord. 329 §2(part), 1972)

Upon receipt of a valid application, the planning director shall within ten days from the date of receipts thereof, set a date for public hearing, which date shall be not less than ten nor more than twenty days after filing of the application.

(Ord. 329 §2(part), 1972)

Notice of public hearing before the planning commission shall be given in the following ways and shall contain the time and place of the hearing and other data pertinent to the requested variance.

A.

Newspaper. Notice shall be published in a newspaper of general circulation in the city or general area not less than five days before the date set for hearing.

B.

Mailing. Notice shall be mailed to all owners of property within two hundred feet of the external boundaries of the property affected by the requested variance not less than five days before the date set for hearing.

(Ord. 329 §2(part), 1972)

The planning commission shall conduct a public hearing on the request for a variance at the time and place designated on the notice of public hearing and after consideration of all pertinent information, announce its recommendation at a regular or an adjourned regular meeting.

(Ord. 329 §2(part), 1972)

The recommendation of the planning commission shall be to approve, conditionally approve or disapprove the requested variance, and shall incorporate findings in support of such recommendation. The recommendation shall within five days be filed with the city council, and a copy thereof mailed to the applicant at the address shown on the application. The commission, in approving or conditionally approving a variance, may set forth in its recommendation, reasonable conditions which will insure the intent and purpose of the zoning ordinance and avoid the creation of detrimental effect upon abutting properties.

(Ord. 329 §2(part), 1972)

Upon receipt of the recommendation from the planning commission, the city recorder shall set a date for public hearing before the council as prescribed in Section 16.20.070 at the earliest practicable date.

(Ord. 329 §2(part), 1972)

Notice of public hearing before the city council shall be given in the manner prescribed in Section 16.20.080.

(Ord. 329 §2(part), 1972)

The council shall conduct a public hearing on the requested variance and the recommendations of the planning commission related thereto and shall hear all pertinent evidence or testimony pertaining to the proposed variance. The council, at the conclusion of the public hearing or by the next council meeting shall render a decision.

(Ord. 329 §2(part), 1972)

A.

The decision rendered by the city council shall sustain, reverse or modify the recommendations of the planning commission, whereupon, if the city council action is to authorize or conditionally authorize a variance, such action shall be confirmed by ordinance.

B.

If the determination of the city council is contrary to the recommendations of the planning commission, the city council shall, before adopting an ordinance effecting a variance, refer the matter back to the planning commission for study and report. The commission shall review the recommendations referred to it by the city council and shall report its recommendations back to the city council within fifteen days of receipt of the recommendations of the city council, or if no regularly scheduled planning commission meeting shall occur within such period, the planning commission shall present their report within five days after the next regularly scheduled meeting.

C.

In the event the report back from the planning commission is adverse to the recommendations referred to it by the city council or in the event the city council desires to enact any variance contrary to the recommendations of the planning commission, then an ordinance effecting such variance shall be adopted. The determination of the city council shall be mailed to the applicant within five days from the date of decision.

(Ord. 329 §2(part), 1972)