North Bend City Zoning Code

A variance shall not be granted to the uses established for each zoning district in Table 18.10.030; or

The provisions of NBMC Title 20, Administration of Development Regulations, or any other procedural or administrative provision of this title; or

Any provision of this title in which it states that such provision is not subject to a variance; or

To relieve an applicant from conditions established during prior permit review or from provisions enacted pursuant to a property-specific development standard; or

To allow the creation of density beyond what is allowed by this title.

Applications for a variance shall follow the procedures for a Type II application pursuant to NBMC Title 20.

Variances shall be processed as a Type II application in accordance with NBMC Title 20, Administration of Development Regulations.

Fees for a variance shall be as established by city schedule and collected at the time of the variance application.

The variance shall not constitute a grant of special privilege inconsistent with the limitation on use of other properties similarly affected by the code provision for which a variance is requested;

That such variance is necessary, because of special circumstances and/or conditions relating to the size, shape, topography, critical areas, location, or surroundings of the subject property, to provide it with those relative rights and privileges permitted to other properties in the vicinity and in the zone in which the subject property is located. The phrase "relative rights and privileges" is to ensure that the property rights and privileges for the subject property are considered primarily in relation to current North Bend land use regulations;

That the special conditions and/or circumstances identified in subsection B of this section giving rise to the variance application do not result from the actions of the applicant, property owner, or recent prior owner(s) of the subject property;

That the granting of the variance will not be materially detrimental to the public welfare or injurious to the property, neighborhood, or improvements in the vicinity and zone in which subject property is situated;

That the reasons set forth in the application and the official record justify the granting of the variance, and that the variance is the minimum variance necessary to grant relief to the applicant;

That alternative development concepts in compliance with applicable codes have been evaluated, and that undue hardship would result if strict adherence to the applicable codes is required; and

That the granting of the variance will not adversely affect implementation of the comprehensive plan or policies adopted thereto and the general purpose and intent of the zoning title or other applicable regulations.

In granting any variance, the examiner may prescribe appropriate conditions and safeguards that will ensure that the purpose and intent of this title shall not be violated.

A variance granted in accordance with this chapter relating to construction of a building or similar facility shall expire five years from the date of such approval. All construction in accordance with the variance shall be completed by the permit expiration date. A single one-year extension may be granted by the director if the applicant can show a good faith effort to complete construction and all construction is scheduled to be completed within that one-year time period.