Milton Freewater City Zoning Code
CHAPTER 10
VARIANCE
10-10-1: DESCRIPTION AND PURPOSE:
A variance shall be initiated by a property owner or his representative on forms provided by and filed with the planning department and accompanied by the appropriate administrative fee. A variance is a permission granted as a relief from some specific and unusual hardship(s) imposed by the strict interpretation of this title. The planning director, and the planning commission shall have the authority to grant a variance from provisions of this title. The planning director shall act on applications for variation of up to ten percent (10%) in minimum yard requirements. The planning commission shall hear all other applications for variance.
A variance shall not be granted in cases where a zone change or zone text amendment is the appropriate administrative procedure. (Ord. 667, 9-24-1984)
10-10-2: MINOR SETBACK VARIANCE:
Subject to level II processing procedures (section 10-3-8 of this title), at the discretion of the planning director, a variance of up to ten percent (10%) of any specified minimum yard requirement may be authorized outright by the planning director. (Ord. 764, 5-26-1992)
10-10-3: FINDINGS FOR MINOR SETBACK VARIANCE:
In granting a minor setback variance, the applicant must show and the planning director shall construct written findings which demonstrate that the variance conditions listed in subsections 10-10-5A, B, C, and D of this chapter have been met. (Ord. 667, 9-24-1984)
10-10-4: REFERRAL AND APPEAL OF MINOR SETBACK VARIANCE:
Based on input from the level II notification procedures, or for other stated cause, the planning director may defer decision on a minor setback variance, and refer it to the planning commission. In such case, the planning commission's decision shall substitute for the planning director's decision, and level III time lines and appeal procedures shall be utilized.
Other provisions of the level II procedures remain in effect.
Appeal of level II decision, except in cases of referral discussed above, are provided in section 10-3-12 of this title. (Ord. 667, 9-24-1984)
10-10-5: CONDITIONS FOR GRANTING VARIANCE:
All variances other than minor setback variances shall be heard by the planning commission in accordance with level III processing procedures.
In granting a variance, the planning commission shall find that the following conditions have been met:
A. Exceptional or extraordinary circumstances apply to the property itself such as lot size, shape, or topography, which do not apply generally to other properties in the same zone or vicinity, and result from a situation over which the applicant has no control.
B. The variance is necessary for the preservation of a property right of the applicant substantially the same as is possessed by owners of other property in the same zone or vicinity.
C. The granting of the proposed variance will not be materially detrimental to property within the vicinity in respects such as public safety, traffic, noise, health and sanitation, and hours of operation. The granting of variance shall not constitute a grant of special privileges inconsistent with the limitations on other properties in the same zoning district.
D. It must be shown that a material hardship unwarranted within the intent of this title will exist if the variance is not granted, and that the hardship cannot be remedied by other means. The hardship demonstrated must not be self-created, and must relate to the land itself, and not to problems personal to the applicant. The variance permitted shall be the minimum variance which will alleviate the hardship. (Ord. 667, 9-24-1984)
10-10-6: TIME LIMIT ON VARIANCE:
A variance or minor setback variance permit shall be void after one year unless terms of the permits have been substantially completed within that time. The planning commission, or planning director, whichever granted the permit, may extend authorization for an additional period of six (6) months for due cause such as health, financial, or administrative problems incurred by the applicant during the permit period. (Ord. 667, 9-24-1984)
10-10-7: LIMIT ON REAPPLICATION:
No application for a variance shall be considered by the director or planning commission within one year of a denial of the same or substantially similar request, unless in the opinion of the director (for level II proposals) or the planning commission (for level III proposals), new evidence or circumstances warrant reconsideration within that time. (Ord. 667, 9-24-1984)