Myrtle Point City Zoning Code

   This subchapter provides standards and procedures for adjustments and variances, which are modifications to development standards that are not otherwise permitted elsewhere in this chapter.

(Ord. 1267, passed 1-3-2012)

   Adjustments are variances are intended to provide relief to code standards in specific situations. Both procedures are intended to ensure that the resulting development is compatible with adjacent properties and is consistent with this chapter’s intent.

   (A)   Adjustments. Adjustments provide relief from specific code provisions when a code provision has the unintended effect of preventing reasonable development in conformance with all other code requirements. Adjustments are allowed in limited situations pursuant to § 153.312. The permitted use standards of Table 153.022 are not subject to modification through an adjustment.

   (B)   Variances. Variances provide greater flexibility to code standards than adjustments where the physical characteristics of a site or its surroundings prevent reasonable development in compliance with a code standard. The permitted use standards of Table 153.022 are not subject to modification through a variance.

(Ord. 1267, passed 1-3-2012)

   (A)   Adjustment through administrative (Type II) procedure. Upon finding all of the approval criteria in this section are met, the City Planning Official or Planning Commission through a Type II procedure may approve an adjustment to one or more of the following standards, within the limits set forth for each standard:

      (1)   Setbacks: up to a 20% change to a minimum setback;

      (2)   Lot coverage: up to 20% increase to the maximum lot coverage;

      (3)   Lot dimensions: up to a 20% decrease to a minimum lot dimension;

      (4)   Lot area: up to a 10% decrease in minimum lot area; and

      (5)   Other dimensional standards: up to a 10% increase or decrease in a quantitative (numerical) standard not listed above. This option is limited to zoning district standards and development design standards of this chapter (specifically, Table 153.023 and §§ 153.035 through 153.046), but does not include building code requirements, engineering design standards, public safety standards or standards implementing state or federal requirements, as determined by the City Planning Official.

   (B)   Adjustment approval criteria. The city may grant an adjustment only upon finding that all of the following criteria are met. The burden is on the applicant to demonstrate compliance with the criteria.

      (1)   The adjustment allows for a building plan that is more compatible with adjacent land uses, or it does not create a conflict with adjacent uses. The city decision-making body shall consider whether the proposed adjustment would create incompatibilities relative land use, access, circulation, future street connectivity, noise, light, glare, odor, emissions, vibration, building design, streetscape appearance and functionality and similar types of impacts, as applicable.

      (2)   Approval of the adjustment does not create a violation(s) of any other adopted ordinance or code standard and does not create the need for a variance.

      (3)   An application for an adjustment is limited to one lot per application.

      (4)   Requests for more than one adjustment on the same lot shall be consolidated on one application and reviewed concurrently by the city.

      (5)   Not more than three adjustments may be approved for one lot or parcel in a continuous 12-month period.

      (6)   All applicable building code requirements and engineering design standards shall be met.

(Ord. 1267, passed 1-3-2012)

   The Planning Commission, through a Type III procedure, may approve a variance upon finding all of the following criteria are met:

   (A)   The variance is necessary because the subject code provision does not account for special or unique physical circumstances of the subject site, existing development patterns or adjacent land uses;

   (B)   The variance is the minimum necessary to address the special or unique physical circumstances related to the subject site;

   (C)   The need for the variance is not self-imposed by the applicant or property owner (or example, the variance request does not arise as result of a property line adjustment or land division approval previously granted to the applicant);

   (D)   The variance does not conflict with other applicable city policies or other applicable regulations;

   (E)   The variance will result in no foreseeable harm to adjacent property owners or the public; and

   (F)   All applicable building code requirements and engineering design standards shall be met.

(Ord. 1267, passed 1-3-2012)

   Approvals granted under this subchapter shall expire if not acted upon by the property owner within one year of the city approving the variance. Where the owner has applied for a building permit or final plat, has made site improvements consistent with an approved development plan (e.g., site plan review or preliminary subdivision plan), or provides other evidence of working in good faith toward completing the project, the City Planning Official may extend an approval accordingly.

(Ord. 1267, passed 1-3-2012)

   (A)   (1)   Upon failure to comply with any provision of this chapter, or with any restrictions or conditions imposed hereunder, the city may withhold any further permits and may withhold or withdraw city utility services until correction is made.

      (2)   Notwithstanding any such action taken by the Council, any person, firm or corporation who violates, disobeys, omits, neglects or refuses to comply with any of the provisions of this chapter shall be subject to civil penalties of not more than $200 for each offense. Except where the Council finds that the owner is making satisfactory progress toward abating the violation, each day that a violation exists shall constitute a separate offense.

   (B)   Any person who violates §§ 153.075 through 153.079 or fails to comply with any of its requirements shall, upon conviction thereof, be fined not more than $500 a day and, in addition, shall pay all costs and expenses involved in the case.

(Ord. 1267, passed 1-3-2012)