(A) Variances from the provisions and requirements of this chapter may be approved in accordance with the provisions of this subchapter where it can be shown that, owing to special and unusual circumstances related to a specific lot, parcel or tract of land, strict application of certain provisions of this chapter would cause an undue or unnecessary hardship.

(B) No variance shall be granted that would allow the use of property for a purpose not authorized within the zone in which the proposed use or development is located.

(C) In granting a variance, conditions may be attached that are found necessary to protect the best interests of the adjoining or surrounding properties or the vicinity, and to otherwise achieve the purposes of this chapter, the specific applicable zoning and the objectives and policies of the City’s Comprehensive Plan.

(Ord. 1180, passed 6-14-11)

A MAJOR VARIANCE is a request for a variance that does not qualify as a minor variance. Major variances can only be reviewed as a Type II conditional use. A major variance may be granted without restrictions, or may be granted subject to prescribed conditions and limitations; provided, that the following findings are evident:

(A) That the literal application of specific provisions of the chapter would create practical difficulties for the applicant resulting in greater private expense than public benefit; however, a variance is not to be granted simply because it would afford the owner a higher profit or prevent a mere inconvenience.

(B) That the condition creating the difficulty is not general throughout the surrounding area, but is unique to the applicant’s site or property; therefore, the granting of the requested variance will not set a precedent for future applications.

(C) That the condition was not created by the applicant. A self-created difficulty will be found if the applicant knew or should have known of the specific restriction or provision at the time the site was purchased. Self-created hardship also results when an owner and/or developer negligently or knowingly violates a provision of this chapter. A substandard lot, deliberately made so by the owner’s conveyance, is considered a self-created hardship. Violations made in good faith, or circumstances arising from pre-existing conditions or circumstances, are treated more leniently, as is the condition of an area deficiency created by the expansion of a public right-of-way, public utility easement or other public use in the public interest.

(D) In the case of a use variance, that the literal application of specific provisions of the chapter would result in an unnecessary hardship to the applicant and/or property owner. An unnecessary hardship will be found when there is no reasonable use of or return from the property as it may lawfully be used under the applicable provisions of this chapter.

(Ord. 1180, passed 6-14-11)

For the purposes of this chapter, a MINOR VARIANCE is an area or dimensional variance that meets one of the following conditions. Only one such variance may be granted for any one lot, parcel or tract of land.

(A) Is a variance request involving a deviation from a minimum lot size, street frontage and lot coverage requirement of not more than 10%.

(B) Is a variance request involving a deviation from a setback requirement of not more than 25%.

(C) Involves a request for the expansion of a nonconforming use by not more than 10%.

(Ord. 1180, passed 6-14-11)

An application for a variance under this subchapter shall be filed with the City’s Planning Department on a completed application form established by the Department. An application shall include at least the following information; to the extent such information may be required as a condition of acceptance of filing of an application under Oregon Constitution Article 1, Section 18(a) through (f):

(A) A legal description of the private real property as to which the owner is applying for a variance, including the common address and either a legal metes and bounds description or a Crook County Assessor’s description of the property;

(B) The name, address and telephone number of each owner of and security interest holder in the private real property, together with the signature of the owner making the application;

(C) A copy of the specific regulation as to which the owner is applying for a variance, including the date the regulation was adopted, first enforced, or applied;

(D) A copy of the regulation in existence, and applicable to the private real property, immediately before the regulation that was imposed and allegedly restricts the use of the private real property and caused a reduction in fair market value;

(E) The manner in which, and the extent to which, the regulation restricts the use of the private real property as to which the owner is applying for a variance.

(Ord. 1180, passed 6-14-11)

The procedure for taking action on an application for a variance shall be in accordance with the policies and procedures set forth in §§ 153.254 through 153.256 et seq., as well as the following:

(A) Minor variance.

(1) Notice shall be sent to persons entitled to notice under § 153.255.030 in accordance with § 153.254.030.

(2) Following conclusion of the response period, if no objections to the subject application have been received, the Planning Official may either process the variance as an administrative decision or refer the application to the Planning Commission for public hearing.

(3) If one or more objections are received, the subject application shall be referred to the Commission for public hearing.

(4) The Planning Official or Planning Commission shall only grant the variance request if the applicant provides clear and substantial evidence of a practical difficulty or unnecessary hardship.

(B) Major variances and minor variances not processed administratively shall be referred for Planning Commission action. Before the Planning Commission may act on any variance request, the Commission shall conduct a public hearing in the matter thereof in accordance with the policies and procedures set forth in § 153.255 et seq.

(Ord. 1180, passed 6-14-11)

Authorization of a variance shall be null and void after one year unless substantial construction or compliance has taken place or the proposed use has occurred. The Commission may grant an extension of time not to exceed six months, upon request. A request for an extension shall be duly filed with the city prior to the expiration of the initial one-year period, and only one such extension may be granted.

(Ord. 1180, passed 6-14-11)