The Planning Commission may authorize variances from non-procedural requirements of Chapters 16.12 through 16.96 of this title where it can be related to a specific piece of property and strict application of this title would cause undue or unnecessary hardship. No variance shall be granted under the following conditions:

1. To allow the use of property for a purpose not authorized within the zone in which the proposed use would be located;
2. To increase building height more than ten (10) 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 of the highest side of the structure. 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 code.

A variance may be granted only in the event that either subsection A or B of this section applies and each of subsections C, D and E of this section applies:

1. 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 September 6, 1973; or
2. 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; and
3. The variance would not be materially detrimental to the purpose of this title, or to property in the zone or vicinity in which the property is located, or otherwise conflicts with the objectives of any City plan or policy;
4. The hardship is not self-imposed and the variance requested is the minimum variance which would alleviate the hardship; and
5. The hardship asserted as a basis for the variance does not arise from a violation of the City code or other regulations.
6. Flood Plain Variance: A request for a variance to the flood plain standards contained in Chapter 16.68, Flood Hazard Overlay Zone, in addition to being subject to subsections A through E of this section, above, shall conform to the following:
   1. A variance may be granted for the reconstruction, rehabilitation or restoration of structures listed on the National Register of Historic Places or the Oregon Statewide Inventory of Historic Sites and Buildings without regard to subsections B through E of this section, above;
   2. A variance shall not be issued within any designated floodway if any increase in flood levels during the base flood discharge would result;
   3. A variance may be issued for new construction or substantial improvement to be erected on a lot of one-half acre or less in size which is contiguous to and surrounded by lots with existing structures constructed below the base flood level;
   4. The variance shall only be issued upon:
      1. A showing of good and sufficient cause; and
      2. A determination that failure to grant the variance would result in exceptional hardship to the applicant; and
      3. A determination that the granting of the variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, create nuisances, cause fraud on or victimization of the public, or conflict with local laws and ordinances; and
      4. A determination that the variance is the minimum necessary, considering the flood hazard, to afford relief.
   5. If a variance is issued under the provisions of subsection F, except under provision 4.a. of this section, above, which allows construction below the base flood level, then the CAO shall:
      1. Notify the applicant in writing that the issuance of a variance to construct a structure below the base flood level will result in increased premium rates for flood insurance as high as twenty-five (25) dollars for one hundred (100) dollars of insurance coverage; and
      2. that such construction below the base flood level increases risks to life and property.
   6. Variances as interpreted in the National Flood Insurance Program are based on the general zoning law principle that they pertain to a physical piece of property; they are not personal in nature and do not pertain to the structure, its inhabitants, economic or financial circumstances. They primarily address small lots in densely populated residential neighborhoods. As such, the grant of a variance from the flood elevations is quite rare.

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

1. A property owner may initiate a request for a variance by filing an application with the City. The application shall be accompanied by a site plan drawn to scale showing the standard or condition to be varied and the dimensions and arrangement of the proposed development. The Planning Commission may request other drawings or materials essential to an understanding of the variance request.
2. Before the Planning Commission may act on a request for a variance, it shall hold a public hearing per Chapter 16.108 of this title, following the procedure for notice of public hearing.

Authorization of a variance shall be void after one (1) year unless substantial construction pursuant thereto has taken place. The Planning Commission may extend authorization for one additional period not to exceed one (1) year, on request.