North Bend City Zoning Code
18.80 Variances
18.80.010 Authorization to grant or deny variances.
The hearings officer or 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 piece of property, the literal interpretation of this title would cause an undue or unnecessary hardship, except that no variance shall be granted to allow the use of property for purposes not authorized within the zone in which the proposed use would be located. In granting a variance, the city may attach conditions which it finds necessary to protect the best interests of the surrounding property or neighborhood and to otherwise achieve the purposes of this title. (Ord. 1952 § 1(4), 2006)
18.80.020 Conditions for granting a variance.
No variance shall be granted unless it can be shown that all of the following conditions exist:
(1) Exceptional or extraordinary conditions apply to the property that do not apply generally to other properties in the same zone or vicinity, which conditions are a result of lot size or shape, topography, or other circumstances over which the applicant has no control.
(2) 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.
(3) The authorization of the variance will not be materially detrimental to the purposes of this title, be injurious to property in the zone or vicinity in which the property is located, or otherwise conflict with the objectives of any city development plan or policy.
(4) The variance requested is the minimum variance which will alleviate the hardship. (Ord. 1952 § 1(4), 2006)
18.80.030 Variance procedure.
The procedures to be followed in applying for and acting on a variance shall be substantially the same as those provided in Chapter 18.60 NBCC for the case of a conditional use. (Ord. 1952 § 1(4), 2006)