The planning commission may authorize variances from the requirements of this title, 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 created to allow the use of property for a purpose not authorized within the zone in which the proposed use would be located.

(Ord. 353 § 2 Exh. B (part), 2008: Ord. 273 § 8.010, 1998)

In granting any 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 purpose of this title. Such conditions shall apply to the applicant for such a variance and to any purchaser, renter, lessee or subsequent owner of the subject property.

(Ord. 353 § 2 Exh. B (part), 2008: Ord. 273 § 8.020, 1998)

The decision to approve or deny a variance shall be based on the following criteria.

A.

Unique or extraordinary circumstances apply to the property which do not generally apply 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 the enactment of this title, have no control.

B.

The variance is necessary for the preservation and enjoyment of the same property right as possessed by owners of other property in the same zone and vicinity.

C.

The variance is not in conflict with the general purpose and intent of this title, or to property in the same zone or vicinity in which the property is located.

D.

The variance is consistent with the goals and policies in the comprehensive plan.

E.

Variance to Residential Design Standards. For a variance to the residential design standards specified in Section 17.12.080 or 17.16.080, the decision to approve or deny the variance shall be based on the following criteria in lieu of subsections A through D of this section:

1.

The variance is consistent with the intent of the residential design standards to create attractive neighborhoods by allowing structures that have distinctive architectural features and curb appeal; and

2.

The planning commission finds the building plans submitted by the applicant include architectural design elements on the street side of the building which will enhance the residential character of the neighborhood.

F.

The hearing body shall not approve a variance to any provision of Section 17.24.090 (Oregon Highway 22-Access Management Plan conformity) without also finding that the variance would not conflict with the purposes under Section 17.24.090(A). Where a variance to a streetscape or landscaping standard is proposed, the approval body shall consider whether approving the variance would adversely impact the appearance or function of the highway. The approval body may require mitigation to address adverse impacts, consistent with the purposes under Section 17.24.090(A).

(Ord. 353 § 2 Exh. B (part), 2008: Ord. 320 § 7, 2004: Ord. 273 § 8.030, 1998)

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

A.

A property owner may initiate a request for a variance by filing an application with the city, using forms prescribed pursuant to Section 17.64.060 of this title and providing the necessary filing fee in accordance with Section 17.64.070 of this title. The applicant shall submit evidence that the circumstances for granting a variance as outlined in Section 17.56.030 of this chapter apply to the variance request.

B.

Before the planning commission may act on a variance application, it shall hold a public hearing thereon in accordance with the provisions in Section 17.64.080 of this title.

C.

The city shall provide the applicant with written notice of the decision of the planning commission as outlined in Section 17.64.030 of this title.

D.

Appeals. The decision of the planning commission may be appealed to the city council as outlined in Section 17.64.050 of this title.

(Ord. 353 § 2 Exh. B (part), 2008: Ord. 273 § 8.040, 1998)

(Ord. No. 358, § 7, 7-13-2010; Ord. No. 369, § 9, 8-13-2013)

Building permits for all or any portion of an application involving an approved variance shall be issued only on the basis of the plan for the variance as approved by the planning commission. Any proposed change in the approved plan shall be submitted to the planning commission as a new application for a variance.

(Ord. 353 § 2 Exh. B (part), 2008: Ord. 273 § 8.050, 1998)

Authorization of a variance shall be void one year after the date of approval of a variance application, or such lesser time as the authorization may specify, unless a building permit has been issued and substantial construction pursuant thereto has taken place. However, upon written request, the planning commission may extend authorization for an additional period not to exceed one year.

(Ord. 353 § 2 Exh. B (part), 2008: Ord. 273 § 8.060, 1998)

A variance may be revoked or modified by the planning commission, after a public hearing, on any one or more of the following grounds.

A.

Approval of the variance was obtained by fraud or misrepresentation.

B.

The use for which approval was granted has ceased to exist.

C.

The use does not meet the conditions specifically established for it at the time of approval of the application.

D.

The variance is in violation of any other applicable statute, ordinance or regulation.

(Ord. 353 § 2 Exh. B (part), 2008: Ord. 273 § 8.070, 1998)

No request for a variance shall be considered by the planning commission within the one-year period immediately following a denial of such request except the planning commission may consent to a new hearing, if in the opinion of the planning commission, new evidence of a change of circumstances warrants it.

(Ord. 353 § 2 Exh. B (part), 2008: Ord. 273 § 8.080, 1998)