If a property ownership, whether it be a lot or more than one (1) contiguous lot held in a single ownership, at the time of passage of Ordinance No. 374, or other ordinance imposing a specific requirement, had an area or dimension which does not meet the lot size requirements of the zone in which the property is located, the holdings may be occupied by a use permitted in the zone subject to the other requirements of the zone, provided that, if there is an area deficiency, residential use shall be limited to a single-family dwelling or to the number of dwelling units consistent with the density requirements of the zone. The record of ownership as recorded in the office of the Wallowa County Clerk at the time of passage of Ordinance No. 374 shall be the basis for application of this exception unless the owner submits proof that a different ownership existed at the time the provisions of Ordinance No. 374 became applicable to the land concerned.

The following exceptions to yard requirements are authorized for a lot in any zone:

1.

If there are buildings on both abutting lots which are within one hundred (100′) feet of the intervening lot, and the buildings have front yards of less than the required depth for the zone, the depth of the front yard for the intervening lot need not exceed the average depth of the front yards of the abutting lots.

2.

If there is a building on one abutting lot which is within one hundred (100′) feet of the lot, and this building has a front yard for the lot need not exceed a depth halfway between the depth of the front yard of abutting lot and the required front yard depth.

No variance shall be granted authorizing the erection or construction of a structure to a height which penetrates the imaginary surfaces as specified in the Airport Overlay Map unless specific findings are made that said variance is in compliance with all substantive and procedural requirements of Federal Aeronautics Regulation FAR, part 77.

The Commission may authorize a variance from the requirements of this ordinance where it can be shown that owing to special and unusual circumstances related to a specific lot, strict application of the ordinance would cause an undue or unnecessary hardship. No variance shall be granted to allow the use of property for a purpose not authorized within the zone in which the proposed use would be located. In granting a variance the Commission may attach conditions which it finds necessary to protect the best interests of the surrounding property or vicinity and otherwise achieve the purpose of this ordinance.

A variance may be granted only in the event that all of the following circumstances exist.

1.

Exceptional or extraordinary circumstances apply to the property which do not apply generally to other properties in the same zone or vicinity, and result from lot size or shape, topography, or other circumstances over which the owners of property since enactment of this ordinance have had no control.

2.

The variance is necessary for the preservation of a property right of the applicant substantially the same as owners of other property in the same zone or vicinity possess.

3.

The variance would not be materially detrimental to the purposes of this ordinance, or to property in the same zone or vicinity in which the property is located, or otherwise conflict with the objectives of any city plan or policy.

4.

The variance requested is the minimum variance which would alleviate the hardship.

The procedure for taking action on a variance application shall be as follows:

1.

A property owner may initiate a request for a variance by filing an application with the City Recorder, using forms prescribed pursuant to ARTICLE 7.

2.

Before the Commission may act on a variance application it shall hold a public hearing thereon, following procedure as established in Sections 10.430 through 10.460.

3.

Within five (5) days after a decision has been rendered with reference to a conditional use application, the City Recorder shall provide the applicant with written notice of the decision of the Commission.

Authorization of a variance shall be void after one (1) year unless substantial construction has taken place thereto. The Commission may, if so requested, extend authorization for an additional period not to exceed one (1) year.