The purpose of this chapter is to provide standards for granting variances and special waivers from the applicable requirements of this code. However, this chapter may not be used to allow a use that is not a specified use in the zone where the land is located, to modify density provisions, or to violate mandated regulations found in the Oregon Revised Statutes or Oregon Administrative Rules. (Ord. 1442, 1999; Ord. 1622 § 9, 2014; Ord. 1754 § 1 (Exh. A), 2024)

A.    Class I Variance. Class I variances provide minor relief from certain code provisions where it can be demonstrated that the modification will not harm adjacent properties, and it conforms with any other code requirements. Class I variances are allowed for the following code provisions:

1.    Required Yard and Minimum Lot Dimensional Requirements. Required yards may be modified up to 20 percent, lot dimensions by up to 10 percent and lot area by up to five percent if the decision-making authority finds that the resulting approval:

a.    Provides for a more efficient use of the site;

b.    Preserves and incorporates natural features into the overall design of the project;

c.    Does not adversely affect adjoining properties in terms of light, air circulation, noise levels, privacy, and fire hazards; and

d.    Provides for safe vehicular and pedestrian access to the site and safe on-site vehicular and pedestrian circulation.

2.    Repealed by Ord. 1754.

3.    Dimensional sign requirements may be modified up to 10 percent if the decision-making authority finds that the proposed larger sign is:

a.    Necessary for adequate identification of the use on the property; and

b.    Compatible with the overall site plan, the structural improvements, and with the structures and uses on adjoining properties.

4.    Landscaping requirements in the applicable zone may be modified up to 10 percent if the decision-making authority finds that the resulting approval:

a.    Provides for a more efficient use of the site;

b.    Preserves and incorporates natural features into the overall design of the project; and

c.    Will have no adverse effect on adjoining property.

B.    Class II Variance. Class II variances may be utilized when strict application of code requirements would be inconsistent with the general purpose of the CDC and would create a burden upon a property owner with no corresponding public benefit. A Class II variance will involve a significant change from the code requirements and may create adverse impacts on adjacent property or occupants. It includes any variance that is not classified as a Class I variance or special waiver.

1.    Class II Variance Approval Criteria. The approval authority may impose appropriate conditions to ensure compliance with the criteria. The appropriate approval authority shall approve a variance request if all the following criteria are met and corresponding findings of fact prepared.

a.    The variance is the minimum variance necessary to make reasonable use of the property. To make this determination, the following factors may be considered, together with any other relevant facts or circumstances:

1)    Whether the development is similar in size, intensity and type to developments on other properties in the City that have the same zoning designation.

2)    Physical characteristics of the property such as lot size or shape, topography, or the existence of natural resources.

3)    The potential for economic development of the subject property.

b.    The variance will not result in violation(s) of any other code standard, and the variance will meet the purposes of the regulation being modified.

c.    The need for the variance was not created by the applicant and/or owner requesting the variance.

d.    If more than one variance is requested, the cumulative effect of the variances results in a project that is consistent with the overall purpose of the zone.

C.    Special Waivers. Special waivers are only applicable in mixed use and non-residential zoning districts. Special waivers may be granted by the approval authority when it can be shown that the proposed site design provides a superior means of furthering the intent and purpose of the regulation to be waived. A special waiver involves a waiver of a standard to permit a specific proposed development. It does not require demonstration of a hardship. It is a request to modify specific requirements in order to provide a superior site design that would not otherwise be possible under the standard requirements of the code.

1.     The Planning Commission may approve a special waiver due to the unique nature of the proposed development if it finds that there is sufficient evidence to demonstrate that the proposed development:

a.    Demonstrates that the proposed development can comply with the regulation to be waived, but the waiver provides an alternative means of furthering the purpose of the regulation to be waived;

b.    Will not be materially detrimental to the public welfare or injurious to other property in the area when compared with the impacts of development otherwise permitted;

c.    Provides adequate area for aesthetic design treatment to mitigate potential visual impacts from the use on surrounding properties and uses; and

d.    The characteristics of the site are suitable for the proposed use considering size, shape, location, topography, and natural features. (Ord. 1622 § 9, 2014; Ord. 1754 § 1 (Exh. A), 2024)

A.    Class I variances shall be decided by the Planning Director in the manner set forth in CDC 99.060(A). An appeal may be taken as provided by CDC 99.240(A).

B.    Class II variances and special waivers shall be decided by the Planning Commission in the manner set forth in CDC 99.060(B). A petition for review by the Council may be filed as provided by CDC 99.240(B).

C.    No variance shall violate land use regulations mandated by the Oregon Revised Statutes or Oregon Administrative Rules. (Ord. 1622 § 9, 2014; Ord. 1754 § 1 (Exh. A), 2024)

Approval of a variance or special waiver shall be void after three years unless substantial construction has taken place or an extension is granted per Chapter 99 CDC. (Ord. 1408, 1998; Ord. 1589 § 1 (Exh. A), 2010; Ord. 1622 § 9, 2014)

A.    A variance request shall be initiated by the property owner or the owner’s authorized agent.

B.    A prerequisite to the filing of an application for a Class II variance or special waiver is a pre-application conference at which time the Planning Director shall explain the requirements and provide the appropriate form(s).

C.    An application for a variance shall include the completed application form and:

1.    A narrative which addresses the approval criteria set forth in CDC 75.020, and which sustains the applicant’s burden of proof.

2.    A site plan as provided by CDC 75.060.

One original application form must be submitted. One copy at the original scale and one copy reduced to 11 inches by 17 inches or smaller of all drawings and plans must be submitted. One copy of all other items must be submitted. The applicant shall also submit one copy of the complete application in a digital format acceptable to the City. When the application submittal is determined to be complete, additional copies may be required as determined by the Community Development Department.

D.    Requests for more than one Class II variance for the same lot or parcel shall be consolidated in one application and reviewed concurrently by the City.

E.    Not more than two Class II variances may be approved for any one lot or parcel in a continuous 12-month period.

F.    The applicant shall pay the requisite fee. (Ord. 1442, 1999; Ord. 1621 § 25, 2014; Ord. 1622 §§ 9, 18, 2014; Ord. 1636 § 47, 2014)

A.    All plot plans and maps shall include the name, address, and telephone number of the applicant; the scale; north arrow; and a vicinity map.

B.    The applicant shall submit a plot plan drawn to an appropriate scale (in order of preference: one inch equals 10 feet to one inch equals 30 feet) which shows the following:

1.    The subdivision name, block, and lot number or the section, township, range, and tax lot number.

2.    In the case of a request for a variance to a lot or parcel dimensional or building setback requirement:

a.    The lot or parcel configuration and dimensions, and the location of all existing structures; the setback distances and the location of all structures on abutting units of land, and the setback distances; and

b.    The proposed variances.

3.    In the case of a request for a variance to the building height provisions:

a.    An elevation drawing of the structure and the proposed variances; and

b.    A drawing(s) to scale showing the impact on adjoining properties; for example, will the height variance, if granted, block a viewpoint from an adjoining property of a significant land feature. (Ord. 1442, 1999; Ord. 1604 § 63, 2011; Ord. 1622 § 9, 2014; Ord. 1636 § 48, 2014. Formerly 75.070.)