The planning 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. In granting a variance, the planning commission may attach conditions which it finds necessary to protect the best interests of the surrounding property or vicinity and otherwise achieve the purposes of this ordinance.

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

A.

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.

B.

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.

C.

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.

D.

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

A.

Application for a Variance. A property owner shall initiate a request for a variance by filing an application with the city administrator.

B.

Public Hearing on a Variance. Before the planning commission may act on a request for a variance, it shall hold a public hearing.

C.

Notification of Decision. Within ten days after a decision has been rendered by the planning commission with reference to a request for a variance, the city administrator shall provide the applicant with the notice of the planning commission.

D.

Time Limit for a Permit for a Variance. Authorization for a variance shall be void after six months, unless substantial construction pursuant thereto has taken place. However, the planning commission may at its discretion, extend the authorization for an additional six months on request.

If a request is denied by the city staff or hearing body and no appeal is filed, or if upon review or appeal the denial is affirmed, no new request for the same or substantially similar proposal shall be filed within six months after the date of final denial. An application may be denied without prejudice and a waiver of the six month restriction granted. If conditions have changed to an extent that further consideration of an application is warranted, the hearing body, on its own motion, may consider new evidence and waive the six month restriction.

Except as provided for under ORS 227.178, the city shall take final action on conditional use permits and variances, including the resolution of all appeals to the city council under ORS 227.180, within one hundred twenty days from the date a complete application is submitted to the city. Within thirty days of receipt of an application, the city will review the application to determine whether it is complete. The applicant will be notified of any missing materials within the thirty-day period. The one hundred twenty-day time period will commence on the date the application is complete.

An administrative variance may be granted by staff without the normal public hearing before the planning commission, provided:

A.

The variance requested is for relief of a physical or spatial requirement of this ordinance and the variance is ten percent or less of the specified requirement.

B.

Notice to affected property owners shall be required as specified in Section 14.17.200 of this ordinance.

C.

At the end of the ten day period provided for review, the city shall render a decision based upon the appropriate approval criteria for variances or conditional uses and prepare a written decision together with the findings of fact on which the decision is based.

D.

Anyone filing a written objection may appeal the staff decision to the planning commission.