This chapter provides standards and procedures for variances and adjustments, modifications to land use or development standards that are not otherwise permitted elsewhere in this code. This code cannot provide standards to fit every potential development situation. The city's varied geography, and complexities of land development, require flexibility. This chapter provides that flexibility, while maintaining the purposes and intent of the code. The city's variance and adjustment procedures provide relief from specific code provisions when they have the unintended effect of preventing reasonable development in conformance with all other codes. The variance and adjustment procedures are intended to provide flexibility while ensuring that the purpose of each development standard is met.

(Ord. 2766 § 1 (part), 2008)

A.

Exceptions and Modifications Versus Variances and Adjustments. A code standard or decision criterion (in a "code section" or "subsection") may be modified without approval of an adjustment or a variance if the applicable code section expressly allows exceptions or modifications. If the code section does not expressly provide for exceptions or modifications, then a variance or an adjustment is required to modify that code section using the provisions of this chapter.

B.

Variances and Adjustments Versus Permitted and Prohibited Uses. An adjustment or a variance shall not be approved that would allow a new use to be established in a land use zone.

C.

Combining Variances and Adjustments with Other Applications. Adjustment or variance requests may be combined with and reviewed concurrently by a city review authority with other land use and development applications.

D.

Three Types or Classes of Variances (and Adjustments).

1.

There are technically three types of variances: Class 1, 2 or 3.

2.

Two of the variance procedures are referred to as "adjustments" since they are designed to permit flexibility in situations not involving serious impacts nor hardship circumstances.

3.

The type of process required depends on the extent of the request and the degree of discretion involved in the decision-making process.

4.

Minor adjustments (Class 1) are granted using "clear and objective standards," and use a ministerial review procedure.

5.

Adjustments (Class 2) require an administrative review.

6.

Variances (Class 3) require a quasi-judicial procedure.

(Ord. 2766 § 1 (part), 2008)

A.

Review Process. The following minor adjustments are reviewed using a ministerial review procedure, as governed by the applicable provisions of Chapter 16.20, using the decision criteria in subsection C of this section.

B.

Applicability (Fence Variances).

1.

Minor adjustments for height limitations and/or set back requirements for fences, walls, and hedges (as noted in Chapters 16.05 through 16.10 and Chapter 16.15) may be granted by the planning official when it can be demonstrated that the following circumstances are applicable (Decision criteria in subsection C of this section).

2.

A decision of the planning official shall be final unless appealed to the planning commission as described in Chapter 16.20 of this code.

C.

Decision Criteria. The city's planning official may grant a minor adjustment to height limitations and/or set back requirements on fences and walls, if such variations do not infringe upon the clear vision triangle requirements at intersections of streets or at the intersections of driveways and streets.

(Ord. 2766 § 1 (part), 2008)

(Ord. No. 2801, Exh. A, 7-14-2010)

A.

Review Process. Adjustments shall be reviewed using an administrative review procedure, in accordance with the applicable provisions of Chapter 16.20.

B.

Thresholds. Adjustment requests must conform to the following thresholds:

1.

The adjustment standards apply to recorded lots or parcels only;

2.

The adjustment procedure shall not be used to modify a standard for lots or parcels yet to be created through a partition or subdivision process; such requests shall utilize the Class 3 variance procedure.

C.

Decision Criteria. Adjustment requests apply to the types of requests meeting the decision criteria listed below.

1.

Adjustments to Vehicular Access and Circulation Standards (Chapter 16.12). Where vehicular access and circulation cannot be reasonably designed to conform to code standards within a particular lot or parcel, shared access with an adjoining property shall be considered. If shared access in conjunction with another lot or parcel is not feasible, the city may grant an adjustment to the access requirements after finding all of the following:

a.

There is not adequate physical space for shared public street access, or the owners of abutting properties do not agree to execute a joint access easement;

b.

There are no other alternative access points on the street in question or from another street;

c.

The access separation requirements cannot be met;

d.

The request is the minimum adjustment required to provide adequate access;

e.

The approved access or access approved with conditions will result in a safe access;

f.

The visual clearance requirements of Section 16.12.030(H) in Chapter 16.12 will be met;

g.

Adjustments for street access deviations shall be subject to review and approval by the roadway authority;

h.

Adjustments for access deviations on a county road right-of-way shall be subject to review and approval by Linn County.

2.

Adjustments to Parking and Loading Standards (Chapter 16.14).

a.

The city may approve adjustments to the minimum or maximum standards for off-street parking (quantities and dimensions of parking spaces) in Chapter 16.14 upon finding all of the following:

i.

The individual characteristics of the use at that location require more or less parking than is generally required for a use of this type and intensity, or modified parking dimensions, as demonstrated by a parking analysis or other facts provided by the applicant;

ii.

The need for additional parking cannot reasonably be met through provision of shared parking with adjacent or nearby uses;

iii.

All other applicable code standards are met.

b.

The city may reduce the number of required bicycle parking spaces, if the applicant can demonstrate that the proposed use by its nature would be reasonably anticipated to generate a lesser need for bicycle parking.

c.

The city may allow a reduction in the amount of vehicle stacking area required for drive-through facilities if such a reduction is deemed appropriate after analysis of the size and location of the development, functionality of the site, service availability, public safety, and impact on adjacent roadways and properties.

d.

The city may modify the loading area standards if such a reduction is deemed appropriate after analysis of the use, anticipated shipping or delivery traffic generated by the use and alternatives for loading/unloading, such as use of on- or off-street parking areas during non-business hours provided that traffic is not impeded.

3.

Adjustments to Minimum Yard Setbacks to Avoid or Reduce Impacts to Floodplains, Significant Trees, Wetlands, or Other Natural Features.

a.

The city may grant an adjustment to the applicable setback requirements of this code for the purpose of avoiding or reducing impact to floodplains, significant trees, wetlands, or other natural features.

b.

Modification of the standard shall not be more than is necessary for the preservation of the nature feature to be protected.

4.

Other Requirements Eligible for the Adjustment Process.

a.

The following standards may be modified by the adjustment process if the criteria listed below in "subsection (C)(4)(b)" are met:

i.

Front Yard Setbacks. Up to a fifteen percent change to the front yard setback standard in the land use district.

ii.

Interior Setbacks. Up to a fifteen percent reduction of the dimensional standards for the side and rear yard setbacks required in the land use zones.

iii.

Site Coverage. Up to a fifteen percent increase of the maximum lot or parcel coverage allowed in the land use zones.

iv.

Landscape Area. Up to a fifteen percent reduction in landscape area (overall area or interior parking lot landscape area).

v.

Signage Dimensions. See Signage regulations in Chapter 16.18.

b.

Decision Criteria. In addition to specific criteria noted above, adjustment requests (excluding signage dimensions) must meet the following decision criteria:

i.

The proposed adjustment will not be materially detrimental to the purposes of this code, to any other applicable policies and standards, or to other properties in the same land use zone or vicinity.

ii.

The use proposed will be the same as permitted under this code and city standards will be maintained to the greatest extent that is reasonably possible while permitting reasonable economic use of the land.

iii.

Existing physical and natural systems, such as but not limited to traffic, drainage, natural resources, and parks will not be adversely affected any more than would occur if the development occurred as specified by the subject code standard.

5.

Minimum Lot Area. Up to a five percent reduction in the minimum lot area standard.

6.

Maximum Building Height. Up to a ten percent increase in the maximum height limitation.

(Ord. 2766 § 1 (part), 2008)

(Ord. No. 2801, Exh. A, 7-14-2010)

A.

Applicability. Variances shall be reviewed using a quasi-judicial procedure, in accordance with the applicable provisions of Chapter 16.20.

B.

Thresholds. Variance requests must conform to the following thresholds:

1.

Variance requests are those that do not conform to the provisions of minor adjustments (Class 1) and adjustments (Class 2) as noted above;

2.

The variance procedure may be used to modify a standard for any lot creation process, including lots yet to be created through a partition process.

C.

Decision Process. Variances (except signage dimensions) shall be processed using a quasi-judicial procedure, as governed by applicable provisions of Chapter 16.20, using the decision criteria listed below (subsection D of this section).

D.

Decision Criteria. In addition to all other applicable criteria, a variance request must meet the following decision criteria:

1.

The proposed variance will not be materially detrimental to the purposes of this code, to any other applicable policies and standards, or to other properties in the same land use zone or vicinity;

2.

A hardship to development exists that is peculiar to the lot size or shape, topography, or other similar circumstances related to the property over which the applicant has no control, and that are not applicable to other properties in the vicinity (e.g., the same land use zone);

3.

The use proposed will be the same as permitted under this code and city standards will be maintained to the greatest extent that is reasonably possible while permitting reasonable economic use of the land;

4.

Existing physical and natural systems, such as but not limited to traffic, drainage, natural resources, and parks will not be adversely affected any more than would occur if the development occurred as specified by the subject code standard;

5.

The hardship is not self-imposed;

6.

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

(Ord. 2766 § 1 (part), 2008)

A.

Application.

1.

All adjustment and variance applications shall conform to the requirements for ministerial reviews, administrative reviews, or quasi-judicial procedures (Chapter 16.20), as applicable.

2.

In addition, the applicant shall provide a narrative or letter explaining the reason for his/her request, alternatives considered, and how the stated decision criteria are satisfied.

B.

Appeals. Appeals of adjustment or variance decisions shall be processed in accordance with the applicable provisions of Chapter 16.20.

(Ord. 2766 § 1 (part), 2008)

It is the purpose of the provisions of this chapter to permit pre-existing uses and structures that do not conform to the use or dimensional standards of this development code to continue under conditions specified herein ¹ . However, the alteration or expansion of a nonconforming use or structure that would have an adverse effect on the immediate neighborhood or in the city as a whole, is not permitted except as outlined in this chapter.

(Ord. 2766 § 1 (part), 2008; Ord. No. 3036, § 3(Exh. A), 6-11-2025)

¹  The continuance of nonconforming uses and/or structures does not apply to property that is being annexed into the city. The city may require the abatement of nonconforming uses and/or structures prior to hearing an annexation request (see Chapter 16.26). Other provisions of this code and the Lebanon municipal code may require abatement of certain kinds of situations before an annexation request can be approved.

A.

Subject to the provisions of this chapter, a nonconforming use of a structure (including fences) or a nonconforming use may be continued and maintained, but shall not be altered or expanded except as provided herein.

B.

The extension of a nonconforming use to a portion of a structure that was approved for such a use at the time of the adoption of this development code is not an expansion of a nonconforming use.

C.

In any zone, a pre-existing use may be altered or expanded, provided that such alteration or expansion shall not result in the use deviating further from the applicable standards of this development code.

D.

In any industrial or commercial zone, a pre-existing dwelling may be altered or expanded provided that such an alteration or expansion shall not exceed the setback, lot coverage, and building height requirements of the residential mixed-use (RM) zone for the use of the property.

E.

Notwithstanding the provisions of Section 16.30.030, a nonconforming structure reasonably capable of use only for a nonconforming industrial or commercial use may be re-established, changed, altered, or expanded upon as a conditional use.

(Ord. 2766 § 1 (part), 2008; Ord. No. 3036, § 3(Exh. A), 6-11-2025)

A structure (including fences) conforming as to use but nonconforming as to height, setback, lot coverage, or similar dimensional standard, may be altered or expanded if the alteration or expansion does not cause the structure to deviate further from the standards of this development code, and provided that such redevelopment meets all other applicable standards.

(Ord. 2766 § 1 (part), 2008; Ord. No. 3036, § 3(Exh. A), 6-11-2025)

A.

If a nonconforming use, whether or not it involves a structure, is discontinued from active use for a period of one year or more, further use of the property shall be for a conforming use.

B.

For purposes of calculating the one year period, a use is discontinued or abandoned upon the occurrence of the first of any of the following events:

1.

On the date when the use of land is physically vacated.

2.

On the date the use ceases to be actively involved in the sale of merchandise or the provision of services.

3.

On the date of termination of any lease or contract under which the nonconforming use has occupied the land.

4.

On the date a request for final reading of water and power meters is made to the applicable utility districts.

(Ord. 2766 § 1 (part), 2008; Ord. No. 3036, § 3(Exh. A), 6-11-2025)

The burden of proof is on the applicant.

If a nonconforming use is changed to a different use, it shall be changed to a use conforming to the regulations of the zone in which it is located.

(Ord. 2766 § 1 (part), 2008; Ord. No. 3036, § 3(Exh. A), 6-11-2025)

If more than fifty percent of the square footage of a nonconforming structure or a structure containing a nonconforming use is destroyed by any cause (excluding intentional demolition of an undamaged building), a future structure or use on the site shall comply with the following:

A.

Nonresidential Uses. The new use shall comply with the provisions of the zone in which the property is located, or the property owner may apply for approval through an administrative review process to continue with the existing nonconforming use and/or to replace the nonconforming structure in its present location. Approval to replace the damaged structure shall not allow the replacement or repaired structure to be more nonconforming than it was originally. Such repairs or replacements must meet current building codes.

B.

Residential Uses. A nonconforming residential use may be replaced provided construction of the replacement dwelling is lawfully commenced within one year of the damage or destruction.

(Ord. 2766 § 1 (part), 2008; Ord. No. 2801, Exh. A, 7-14-2010; Ord. No. 3036, § 3(Exh. A), 6-11-2025)

Any nonconforming structure or a structure containing a nonconforming use may be maintained or restored to conform with the standards of the building code, including repair or replacement of fixtures, wiring, or plumbing, provided the maintenance or restoration does not cause the structure to deviate further from the standards of this development code, and provided that such redevelopment meets all other applicable standards.

(Ord. 2766 § 1 (part), 2008; Ord. No. 3036, § 3(Exh. A), 6-11-2025)

Nothing contained in this development code shall require any change in the plans, construction, alteration, or designated use of a structure for which a building permit has been lawfully issued and construction has commenced prior to adoption of this development code, provided the structure, if nonconforming or intended for a nonconforming use, is substantially completed and in use.

(Ord. 2766 § 1 (part), 2008; Ord. No. 3036, § 3(Exh. A), 6-11-2025)

The purpose of this section is to establish criteria and a process for determining when a lot of record exists. A "lot of record" is a lot or parcel that was lawfully created according to the standards in effect at the time it was created, as described in Section 16.30.090.B below.

A.

Lot of Record. In any land use zone, notwithstanding limitations imposed by other provisions of this code, permitted (by any listed decision/decision process) principal uses and structures, and accessory buildings may be erected on any single lots of record after the effective date of adoption of this development code. This provision shall apply even though such lot fails to meet the lot dimension requirements for the applicable land use zone.

B.

Decision Criteria. In order to qualify as a nonconforming lot of record for purposes of this code, the lot or parcel shall conform to all zoning requirements, partition or subdivision requirements, and comprehensive plan provisions, if any, in effect on the date when an approved plat was recorded or a recorded deed or contract creating the separate lot or parcel was signed by the parties to the deed or contract.

C.

Procedure. A lot of record determination shall be made by the planning official using the ministerial decision procedure (see Chapter 16.20). It shall be the property owner's responsibility to demonstrate that the subject property meets the lot of record decision criteria listed in Section 16.30.090.B above.

D.

Permitted Development. A lot of record shall be entitled to a use identified in the underlying zone provided the use complies with the applicable development requirements, unless otherwise modified by variance approval. This provision does not waive compliance with land use review procedures.

(Ord. 2766 § 1 (part), 2008; Ord. No. 2801, Exh. A, 7-14-2010; Ord. No. 3036, § 3(Exh. A), 6-11-2025)

Determination of nonconforming status shall be processed as a code interpretation according to the provisions of Chapters 16.20 and 16.25 of this code.

(Ord. 2766 § 1 (part), 2008; Ord. No. 3036, § 3(Exh. A), 6-11-2025)

Historic uses, structures and sites shall be exempted from the above provisions (Sections 16.30.020 through 16.30.100) of this chapter if it is listed as a historic resource of statewide significance, is on the National Register of Historic Places, or is on The City of Lebanon's Inventory of Historic Resources. See Chapter 16.31 (Historic preservation standards and requirements) of this code for further details and explanations of how structures and sites may become listed as an historic resource.

(Ord. 2766 § 1 (part), 2008; Ord. No. 3036, § 3(Exh. A), 6-11-2025)