Hood River City Zoning Code
17.18 Variances
Legislative History: Ord. 1774 (1999);
17.18.010 Purpose.
Where physical difficulties, unnecessary hardship, and results inconsistent with the general purpose of this Title may result from the strict applications of certain provisions thereof, a variance may be granted as provided in this Chapter. This Chapter may not be used to allow a use that is not in conformity with the uses specified by this Title for the zone in which the land is located. In granting a variance, the City may impose conditions similar to those provided for conditional uses to protect the best interests of the surrounding property and property owners, the neighborhood, or the City as a whole.
17.18.020 Procedure.
The procedure for taking action in a variance application shall be as follows.
1. The property owner may initiate a request for a variance by filing an application with the Planning Director. The applicant shall submit a complete application as specified in the Application and Plan Requirements (Section 17.06.020).
2. The application shall include a statement and evidence showing that all of the criteria in Section 17.18.030 are met.
3. Before the Planning Commission may act on a variance application, it shall hold a public hearing following procedures established in Review Procedures: Quasi-Judicial Actions (Section 17.09.040).
17.18.030 Criteria for granting a variance.
A variance may be granted if it meets all of the following criteria.
1. There are unique or unusual circumstances which apply to the site which do not typically apply elsewhere.
2. The proposal’s benefits will be greater than any negative impacts on the development of the adjacent lawful uses; and will further the purpose and intent of this title and the Comprehensive Plan of the City.
3. The circumstances or conditions have not been willfully or purposely self-imposed.
4. The variance requested is the minimum variance which would alleviate the hardship.
17.18.040 Time limits.
A variance is valid for a period of two (2) years from the written Notice of Decision, or the decision on an appeal, whichever is later.
A single one (1) year extension may be granted by the Director prior to the expiration date if the applicant can demonstrate that circumstance or conditions, not known or foreseeable at the time of original application, warrant an extension of the permit. The extension request must be received by the department no later than thirty (30) days prior to the expiration of the permit.
17.18.050 Limitations of re-application.
No reapplication of a property owner for a variance shall be considered by the Planning Commission within a six (6) months period immediately following a previous denial of such request.