Myrtle Creek City Zoning Code
CHAPTER 18
165 VARIANCES
§ 18.165.010 Variances.
A variance is an authorized relaxation of the terms of this title where such variance will not be contrary to the public interest and where conditions exist which are peculiar to the property and which are not the result of the actions of the applicant. A variance shall be permitted, altered or denied as set forth in MCMC §§ 18.165.020 through 18.165.050.
(Ord. 508 § 6.03.0, 1982)
§ 18.165.020 Authorization to grant a variance.
A variance may be authorized only from the requirements for off-street parking and loading, building height, lot area, lot coverage, size of yards and open spaces. The authority to grant a variance does not include authority to approve a development that is designed, arranged or intended for a use not otherwise permitted in the location. A variance may be authorized from a specified provision of this title upon finding that strict application of the requirement would render the parcel incapable of reasonable economic use.
(1)
Variances may be granted under the requirements of this title as follows when it can be shown that, owing to special and unusual circumstances related to a specific piece of property, the literal interpretation of this title would cause an undue or unnecessary hardship:
(a)
The Myrtle Creek planning commission may grant major variances when part of a quasi-judicial application or an administrative decision is appealed to the commission or referred by the city administrator.
(b)
Planning commission review shall be in accordance with MCMC §§ 18.185.210 through 18.185.270.
(c)
The city administrator or the administrator's designee may grant major variances and minor variances.
(2)
Variances to the requirements of the special district/flood hazard area shall be in accordance with MCMC § 18.70.140.
(3)
Minor variances may be requested to the building coverage, setbacks, projections into required yards and structure height development standards for permitted uses in the residential zoning districts.
(4)
Minor variances may not be requested, nor approved, for lot area and lot width. Minor variances shall not be requested, nor shall they be approved, to the regulations in commercial zoning districts.
(5)
Major and minor variances shall not be requested, nor shall they be approved, to allow a use of land that is not permitted in a zoning district.
(6)
The planning commission or city administrator shall conduct a site review and, in granting a major variance, may impose those conditions set forth in MCMC § 18.150.030, which it finds necessary to protect the best interest of the surrounding property or neighborhood and to otherwise achieve the objectives and purposes of the comprehensive plan and other applicable policies of the city.
(Ord. 508 § 6.03.1, 1982)
§ 18.165.030 Variance approval criteria.
The city may permit and authorize a variance from the requirements of this title only when there are practical difficulties in the application of this title. A major variance may only be granted by the planning commission, the administrator, or the administrator's designee; and only after all of the following criteria are met. A minor variance may be granted only after the criteria in subsections (4) and (5) of this section are met.
(1)
A hardship is created by exceptional or extraordinary circumstance or condition that applies to the property or to the intended use that does not apply generally to other property in the same vicinity or zoning district. The circumstance or condition may relate to the lot size or shape (legally existing prior to April 2003), natural features and topography of the property or other circumstances over which the applicant has no control. Circumstances of any hardship shall not be a result of actions of the applicant, owner, or previous owner, or from personal circumstances or financial situation of the applicant or owner, or from regional economic conditions.
(2)
The variance is necessary for the preservation of a property right of the applicant or owner substantially the same as is possessed by owners of other property in the same zoning district or vicinity.
(3)
The existing zoning requirement would restrict the use of the subject property to a greater degree than it restricts other properties in the vicinity or district.
(4)
The authorization of the variance will not be materially detrimental to the public welfare or injurious to property in the vicinity or district in which the property is located, or adversely affect the appropriate development of adjoining properties.
(5)
The granting of the variance will not adversely affect the implementation of the comprehensive plan or this title nor will it establish a use which is not listed in the underlying zone; and shall not be injurious to property in the zoning district or vicinity in which the property is located.
(6)
The variance is the minimum remedy necessary to alleviate the hardship.
(Ord. 508 § 6.03.2, 1982)
§ 18.165.040 Variance classification.
(1)
A major variance is a 50 percent or greater change in the applicable underlying zoning district standard or ordinance requirement. A major variance must be found to comply with MCMC § 18.165.030; and
(a)
A major variance may be approved by the city administrator, the administrator's designee, or at a public hearing before the Myrtle Creek planning commission.
(b)
The application shall include information set forth in MCMC § 18.185.140.
(2)
A minor variance is a change in the applica ble underlying zoning district standard or requirement less than 50 percent of the applicable underlying zoning district standard or ordinance requirement. The city administrator or the administrator's designee is authorized to process a minor variance. A minor variance may be granted only after the criteria in MCMC §§ 18.165.030(4) and (5) are met.
(Ord. 508 § 6.03.3, 1982; Ord. 807 § 1 (Exh. A), 2016)
§ 18.165.050 Criteria for granting a sign variance.
No variance for a sign shall be granted by the Myrtle Creek planning commission. Signs not otherwise permitted shall be processed under MCMC § 18.170.010 as a conditional use.
(Ord. 508 § 6.03.4, 1982)
§ 18.165.060 Public hearing for a variance.
The Myrtle Creek planning commission shall consider the matters listed in MCMC § 18.165.020(1)(a) at a public hearing conducted in accordance with MCMC §§ 18.185.210 through 18.185.270.
(Ord. 508 § 6.03.5, 1982)
§ 18.165.070 Final decision for a major variance.
(1)
For a major variance application submitted concurrent with a historic review, subdivision, land partition, or property line adjustment application, the decision shall be incorporated into the historic review, subdivision, land partition, or property line adjustment decision. The decision shall be written and at a minimum shall identify the property owner, applicant, the date of the decision, the decision and any time frame and conditions to which the decision is subject. The decision shall be to approve, approve with conditions, or deny the request.
(2)
The decision shall become final 12 calendar days after the date the notice of the decision is given. Appeal of the major variance decision by the administrator or the administrator's designee shall be in accordance with Chapter 18.190 MCMC.
(Ord. 508 § 6.03.6, 1982)
§ 18.165.080 Final decision for a minor variance.
(1)
For a minor variance application submitted concurrent with a historic review, subdivision, land partition, or property line adjustment application, the decision shall be incorporated into the historic review, subdivision, land partition, or property line adjustment decision. The decision shall be written and, at a minimum, shall identify the property owner, applicant, the date of the decision, the decision and any time frame and conditions to which the decision is subject. The decision shall be to approve, approve with conditions, or deny the request.
(2)
The decision shall become final 12 calendar days after the date the notice of the decision is given. Appeal of a minor variance decision by the administrator or the administrator's designee shall be in accordance with Chapter 18.190 MCMC.
(Ord. 508 § 6.03.7, 1982)
§ 18.165.090 Application procedure and service charge.
A request for a major or minor variance may be initiated by the property owners or the owners' authorized agent by filing an application with the city upon forms prescribed for that purpose. The applicant shall discuss the proposed major or minor variance and site plans with the city planner and city engineer, if appropriate, in a preapplication conference prior to submitting an application. The application shall include information set forth in MCMC § 18.185.140 and any drawings or materials essential to the understanding of the proposed use and its relationship to the surroundings. The application shall be accompanied by a service charge, which is nonrefundable and identified in the city of Myrtle Creek handbook of fees and charges.
(Ord. 508 § 6.03.8, 1982)
§ 18.165.100 Time limit on a variance approval.
Authorization of a variance shall be void after one year unless substantial construction pursuant thereto has taken place. However, the city administrator or the city administrator's designee may, in his discretion, extend authorization for an additional one year, provided a written request from the applicant is submitted prior to the expiration date.
(Ord. 508 § 6.03.9, 1982)
