Rogue River City Zoning Code
CHAPTER 17
105 VARIANCES AND MISCELLANEOUS PERMITS
§ 17.105.010 Variances.
Where practical difficulties, unnecessary hardships and results inconsistent with the general purposes of this title may result from the strict application of certain provisions thereof, a class A, class B or class C variance may be granted as provided in this article. This article may not be used to allow a use that is not in conformity with the uses specified by this title for the district in which the land is located. In granting a variance, the city may impose conditions similar to those provided for conditional uses to protect the best interests of the surrounding property, the neighborhood or the city as a whole.
A.
Class A. A class A variance is decided by staff, in accordance with Type I procedure per RRMC § 17.10.070(D), requiring no public notice or public hearing. Class A variances are limited to:
1.
Setbacks within 10 percent of code requirement;
2.
Fence height within 10 percent of code requirement;
3.
Building square footage requirements within 10 percent of minimum or maximum;
4.
Building height within 10 percent of code requirement;
5.
Lot coverage five percent increase of the maximum;
6.
Landscape area five percent reduction.
B.
Class B. A class B variance involves limited discretion made by staff, in accordance to Type II procedure per RRMC § 17.10.070(E), requiring public notice and an opportunity for a public hearing if appealed. Examples of class B variances include requests to vary from the code standards for:
1.
Minimum density;
2.
Vehicular access and circulation standards;
3.
Parking and loading standards;
4.
Maximum or minimum yard setbacks to avoid or reduce impacts to floodplains, significant trees, wetlands, or other natural features;
5.
Minor transportation improvement requirements as approved by the public works director, or his or her designee.
C.
Class C. A class C variance decision is made by the planning commission, in accordance to Type III procedure per RRMC § 17.10.070(F), after a public hearing and involves discretionary approval criteria.
1.
Class C variance requests are those that do not conform to the provisions of the class A or class B, and that meet the criteria listed below. Class C variances shall be reviewed using a Type III procedure, in accordance with RRMC § 17.10.070:
a.
The class C variance standards apply to individual platted and recorded lots only.
b.
The class C variance procedure may be used to modify a standard for three or fewer lots, including lots yet to be created through a partition process.
c.
An applicant who proposes to vary a standard for lots yet to be created through a subdivision process may not utilize the class C variance procedure. Approval of a planned unit development shall be required to vary a standard for lots yet to be created through a subdivision process where a specific code section does not otherwise permit exceptions.
d.
A variance shall not be approved that would vary the "permitted uses" or "prohibited uses" of a zoning district.
2.
Approval Process. Class C variances shall be processed using a Type III procedure, as governed by RRMC § 17.10.070, using the approval criteria herein. In addition to the application requirements contained in RRMC § 17.105.030, the applicant shall provide a written narrative or letter describing his/her reasoning for the variance, why it is required, alternatives considered, and compliance with the criteria listed below.
3.
Approval Criteria. The city shall approve, approve with conditions, or deny an application for a variance based on its applicable class and its ability to satisfy the relevant set of following criteria:
a.
Class A and Class B Variance Criteria.
i.
The class A or B variance allows for a building plan that is more compatible with adjacent land uses, or it does not create a conflict with adjacent uses;
ii.
The class A or B variance is necessary to allow for normal interior building functions, such as mechanical equipment/utility closets, heating and ventilation systems, restrooms, stockrooms, shelving, and similar interior building functions;
iii.
Approval of the class A or B variance does not create (a) violation(s) of any other adopted ordinance or code standard, and does not create the need for a variance;
iv.
An application for a class A or B variance is limited to one lot per application;
v.
Requests for more than one class A or B variance on the same lot shall be consolidated on one application and reviewed concurrently by the city;
vi.
Not more than three adjustments may be approved for one lot or parcel in a continuous 12-month period; and
vii.
All applicable building code requirements and engineering design standards shall be met.
b.
Class C Variance Criteria.
i.
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. A legal lot determination may be sufficient evidence of a hardship for purposes of approving a variance;
ii.
The variance is the minimum necessary to address the special or unique physical circumstances related to the subject site;
iii.
The need for the variance is not self-imposed by the applicant or property owner. (For example, the variance request does not arise as a result of a property line adjustment or land division approval previously granted to the applicant);
iv.
The variance does not conflict with other applicable city policies or other applicable regulations;
v.
The variance will result in no foreseeable harm to adjacent property owners or the public; and
vi.
All applicable building code requirements and engineering design standards shall be met.
4.
Expiration. Variances granted under this chapter 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 design 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. 23-418-O § 124 (Exh. A-4))
§ 17.105.020 Preapplication conference.
An applicant will be required to attend a preapplication conference prior to submitting an application for a variance, unless waived by the city administrator. The purpose of the conference shall be to acquaint the applicant with the substantive and procedural requirements of this title, provide for an exchange of information regarding applicable elements of the comprehensive plan and development requirements and to identify policies and regulations that create opportunities or pose significant constraints for the proposed development.
(Ord. 23-418-O § 124 (Exh. A-4))
§ 17.105.030 Application.
The owner or his agent may make application by filing an application with the city recorder. The variance application shall conform to the requirements for Type I, II, or III applications (RRMC § 17.10.070 through § 17.10.140, as applicable). In addition, the applicant shall provide a narrative or letter explaining the reason for his/her request, alternatives considered, how the stated variance criteria are satisfied, and why the subject standard cannot be met without the variance. In addition, the application shall be accompanied by a legal description of the property, plans and elevations necessary to show the proposed development, a filing fee prescribed by the city council and a statement with plans and evidence showing:
A.
That there are exceptional or extraordinary circumstances of conditions applying to the land, building or use referred to in the application, which circumstances or conditions do not apply generally to land, buildings or uses in the same district.
B.
That the granting of the application is necessary for the preservation and enjoyment of substantial property rights of the petitioner.
C.
That the granting of such application will not, under the circumstances of the particular case, have significant adverse effects to the health or safety of persons residing or working in the neighborhood of the property of the applicant, and will not, under the circumstances of the particular case, be materially detrimental to the public welfare or injurious to property or improvements in said neighborhood.
D.
The hardship is not self-imposed.
E.
The variance requested is the minimum variance that would alleviate the hardship.
(Ord. 23-418-O § 124 (Exh. A-4))
§ 17.105.035 Required submittals.
A.
Application form.
B.
Application fee (see current fee schedule).
C.
Site plan and elevations drawn to scale (two sets).
D.
One copy of reduced site plan and elevations (eight and one-half by 11).
E.
One copy of site plan and elevations, in preferred digital format.
F.
Written authority from property owner if acting as agent.
G.
Written findings of fact addressing criteria.
(Ord. 23-418-O § 124 (Exh. A-4))
§ 17.105.040 Public hearing.
A public hearing for a Type III variance shall be held within 120 days after the filing of the application is deemed complete, and public notice given in the manner provided in RRMC § 17.100.040.
(Ord. 23-418-O § 124 (Exh. A-4))
§ 17.105.050 Variances to be authorized.
When required by the findings made in RRMC § 17.105.030, the planning commission or city administrator, or his or her designee, may recommend variances of design standards relative to site area and dimensions, site coverage, yard spaces, heights of structures, distance between structures, off-street parking and off-street loading facilities, fencing and landscaping or other similar standards. No variance shall be granted authorizing a use of land not permitted by zoning regulations or increasing the density of residential development above that permitted by zoning regulations.
(Ord. 23-418-O § 124 (Exh. A-4))
§ 17.105.060 Action.
A.
The city administrator, or his or her designee, shall review a variance application for completeness within 30 days of receipt of the same.
B.
Class A and class B variance decisions shall be made by the city administrator, or his or her designee; class C variance applications shall be heard at a planning commission public hearing. The city administrator, or his or her designee, or the planning commission shall render its decision, and shall make a written finding of fact showing whether the qualification under RRMC § 17.105.030(A) through (E) applies to the land or building for which the variance is sought and whether such variance will be in harmony with the general purpose of this title.
C.
Within 120 days after the filing of a complete application, the city administrator, or his or her designee, or the planning commission shall render its decision on the variance application.
D.
A copy of the final decision shall be delivered to the applicant at the address shown on the application.
(Ord. 23-418-O § 124 (Exh. A-4))
§ 17.105.070 Appeal.
A.
The decision of the city administrator (or his or her designee) for a class A variance shall be rendered, and may be appealed, as set forth in RRMC § 17.10.070.
B.
The decision of the city administrator (or his or her designee) for a class B variance decision shall be rendered, and may appealed to the planning commission, in the manner described in RRMC § 17.10.070(E).
C.
The decision of the planning commission on a class C variance shall be rendered, and may be appealed to the city council, in the manner prescribed by RRMC § 17.10.070(F).
(Ord. 23-418-O § 124 (Exh. A-4))
§ 17.105.080 Limitation on new application.
In case an application is denied by the city administrator, or his or her designee, the planning commission, or an appeal to the city council has been denied, unless specifically stated to be without prejudice, it shall not be eligible for resubmission for one year from date of said denial. When, in the opinion of the planning commission, new evidence is submitted or conditions have changed, further consideration is warranted.
(Ord. 23-418-O § 124 (Exh. A-4))
§ 17.105.090 Revocation.
A.
The planning commission, on its own motion, at a public hearing advertised in conformance with the requirements of RRMC § 17.100.040 may recommend a revocation of any variance for noncompliance with the conditions set forth in granting said variance.
B.
If an established time limit for development expires and no extension has been granted, the variance shall be considered void.
(Ord. 23-418-O § 124 (Exh. A-4))
§ 17.105.110 Medical hardship dwelling.
A medical hardship dwelling is a permit for a temporary residence to be occupied by an infirm person or persons incapable of maintaining a residence on separate property, or by one or more individuals engaged in caring for an infirm person(s) residing on the property; provided, that all the provisions of this section are satisfied. A medical hardship dwelling shall be processed as a Type II permit.
A.
Criteria for a Medical Hardship Dwelling.
1.
The nature of the infirmity or hardship must be certified by the patient's primary care medical doctor (MD) or osteopath (DO). The statement will be on the care provider's stationery or stamped by the office, and will indicate that the patient is not physically or mentally capable of maintaining him/herself in a residence on a separate property, and is dependent upon someone being close by for assistance. This certification must be dated within one year of the date of application or permit renewal.
2.
The infirmity will be due to physical or mental impairment. Financial hardship conditions, child care, and other convenience arrangements that do not relate to physical and mental impairment, are not considered an infirm condition.
3.
At least one other person will reside on the premises who can provide the needed assistance.
4.
The medical hardship dwelling shall not be detrimental to the character of the adjoined land uses and will not infringe upon the continued use of the adjacent land.
5.
The medical hardship dwelling will be connected to the public sanitary sewer system and water system through the meter of the primary dwelling.
6.
The location of the temporary structure will conform to all applicable setback requirements of this title.
7.
A medical hardship dwelling may be located in a commercial or industrial district, as an accessory use to an existing dwelling unit on the property.
8.
The applicant will certify that the placement of the temporary structure will not violate the provisions of any deed declaration or subdivision covenant for the property.
9.
No additional driveways, access roads or permanent accessory buildings to serve the temporary structure will be permitted.
10.
The applicant will agree to remove the temporary dwelling within 90 calendar days after the unit has ceased to be used for the person(s) for which the permit was issued. In any event, the unit will be disconnected from water and sewer service by the day of the expiration of the permit, unless the permit has been renewed in conformance with subsection (B) of this section, or the structure has been put to another lawfully permitted use.
11.
The medical hardship dwelling can only be an approved manufactured home per ORS 446-003(24)(a) or an approved park trailer as per OAR 918-525-0005(28).
12.
A medical hardship dwelling is not subject to the criteria and standards in RRMC § 17.65.150.
13.
If the applicant is not the property owner, the following notarized documents, signed by the property owner, must be provided with the application:
a.
Authorization for the applicant to place a temporary medical hardship dwelling on the subject property; and
b.
Certification that the placement of the temporary structure will not violate the provisions of any deed declaration or subdivision covenant for the property; and
c.
Agreement that, if the applicant fails to remove the medical hardship dwelling within 60 calendar days after the unit has ceased to be used for the person for which the permit was issued, the property owner will ensure that the medical hardship dwelling is removed within the next 30 days.
B.
Expiration of Permit – Renewal.
1.
A medical hardship dwelling permit is valid for up to two years from the date of initial issuance. All permits will have an expiration date of January 31st. The city will process all medical hardship permit renewal requests once per year; and
2.
The city will give permittees not less than 30 calendar days' written notice of the pending expiration of their permits, advising that a renewal will be required. Failure to receive notification of pending expiration does not constitute an extension of time for the permit. All renewal requests will comply with the conditions for issuance specified in subsection (A) of this section at the time of renewal; and
3.
The permit will not be renewed until a review has been conducted by the city to determine the continued validity of the hardship, including submission of a new certification by the patient's primary care medical doctor (MD) or osteopath (DO).
C.
Addition of an Additional Infirm Resident.
1.
One additional resident who is to receive care may be added under an existing medical hardship permit, provided the additional resident is also infirm and incapable of maintaining a residence on separate property; and
2.
Provided the existing permit is in compliance with the standards set forth in this section, the holder of the existing permit will pay the required fee and submit medical documentation demonstrating the infirmity or hardship of the new resident. A new permit will not be required.
D.
Revocation. A medical hardship permit may be revoked by the city for noncompliance with the conditions of a permit. If the permit is revoked, the city will require the occupants to move out of the manufactured dwelling within 30 calendar days and remove the structure within 90 calendar days of the permit revocation.
(Ord. 23-418-O § 124 (Exh. A-4))
§ 17.105.120 Accessory dwelling units.
An accessory dwelling is a small, secondary housing unit on a residentially zoned lot, usually the size of a studio apartment. The housing density standard of the residential district does not apply to an accessory dwelling, due to the small size and low occupancy level of the use. An accessory dwelling unit application shall be processed as a Type II application.
A.
Criteria for Accessory Dwelling. The following standards are intended to control the size and number of accessory dwellings on individual lots, and to promote compatibility with adjacent land uses. Accessory dwellings shall comply with all of the following standards:
1.
A maximum of one accessory dwelling unit is allowed per lot.
2.
The maximum floor area of the accessory dwelling shall not exceed 50 percent of the primary unit, or 900 square feet, whichever is less. This does not apply to an internal ADU (above a garage, or a full floor inside a home); the size of this ADU is limited to the footprint of the structure.
3.
Maximum building coverage on the lot is 50 percent.
4.
Maximum building height matches that of the base zone.
5.
The accessory dwelling shall be a structure capable of meeting the Oregon Building Code.
6.
The residential district setbacks apply to accessory dwellings:
Front | Side | Rear | |
|---|---|---|---|
R-2 & R-1 | 20' | 5' per story | 10' |
R-E | 20' | 10' | 20' |
7.
One off-street, paved or permeable parking space shall be required in addition to off-street parking required by the primary residence(s).
8.
A maximum six-foot-tall hedge or fence may be required to buffer a detached accessory dwelling from dwellings on adjacent lots, when buffering is necessary for the privacy and enjoyment of yard areas by either the occupants or adjacent residents. Said fence or buffering shall be in compliance with RRMC § 17.65.030, Fences and walls, and RRMC § 17.65.040, Corner clearance and clear vision area.
9.
Miscellaneous permits shall generally benefit the community, but may cause an impact on surrounding property; the use described herein shall not be detrimental to established uses.
(Ord. 23-418-O § 124 (Exh. A-4))
§ 17.105.130 Procedure.
A.
A request for a miscellaneous permit may be initiated by filing an application and paying the required fee.
B.
The city planner or designee shall review the application. If, in the opinion of the city planner, the request meets the purpose and criteria for a miscellaneous permit, they may approve the request.
(Ord. 23-418-O § 124 (Exh. A-4))
§ 17.105.140 Administrative decision.
A miscellaneous permit can be an administrative decision if the application is such that there are not any extenuating circumstances and the planning commission agrees for it to be handled at the administrative level. All of the requirements listed in this article shall be required for the miscellaneous permit.
(Ord. 23-418-O § 124 (Exh. A-4))
