Siletz City Zoning Code

A.

The 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, strict application of the title would cause an undue or unnecessary hardship. No variance shall be granted;

1.

To allow the use of property for a purpose not authorized within the zone in which the proposed use would be located; or

2.

To increase building height more than ten percent higher than is otherwise permitted in this title, except to complete a story of which more than half falls within the allowable height limit of that zone, or to allow construction of a structure one story higher than the finished ground elevation on the highest side of the structure.

B.

In granting a variance, the Planning Commission may attach conditions which it finds necessary to protect the best interests of the surrounding property or neighborhood and otherwise achieve the purposes of this title.

(Ord. 131 § 3 (part), 1992: Ord. 106 § 8.010, 1987)

A variance may be granted only in the event that all of the following circumstances exist:

A.

Exceptional or extraordinary circumstances apply to the property which do not apply generally to other properties in the same zone or vicinity and result from lot size or shape, legally existing prior to the date of this title, topography or other circumstances over which the applicant has no control;

B.

The variance is necessary for the preservation of a property right of the applicant substantially the same as owners of other property in the same zone or vicinity possess;

C.

The variance would not be materially detrimental to the purposes of this title or to property in the zone or vicinity in which the property is located or otherwise conflict with the objectives of any City plan or policy;

D.

The hardship is not self imposed and the variance requested is the minimum variance which would alleviate the hardship;

E.

The hardship does not arise from a violation of the zoning title.

(Ord. 106 § 8.020, 1987)

The following procedures shall be followed in applying for and acting on a variance:

A.

A property owner may initiate a request for a variance by filing an application with the City Recorder using forms prescribed pursuant to Section 17.44.020. The application shall be accompanied by a site plan drawn to scale showing the conditions to be varied and the dimensions and arrangement of the proposed development. The Planning Commission may request other drawings or material essential to an understanding of the variance request;

B.

Before the Planning Commission may act on a request for a variance, it shall hold a public hearing. Section 17.44.050 sets procedure for notice of public hearing;

C.

Within five days after a decision has been rendered with reference to a request for a variance, the City Recorder shall provide the applicant with notice of the decision of the Planning Commission.

(Ord. 131 § 3 (part), 1992: Ord. 106 § 8.030, 1987)

Authorization of a variance shall be void after one year. However, the Planning Commission may extend authorization for an additional period not to exceed one year, on request.

(Ord. 131 § 3 (part), 1992: Ord. 106 § 8.040, 1987)