Yamhill City Zoning Code
CHAPTER 10
100 VARIANCES
§ 10.100.010 Authority to Grant or Deny Variances.
The Planning Commission may approve 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 this Title would cause an undue or unnecessary hardship; except that no variance shall be granted to allow the use of property for a purpose not authorized within the zone in which the proposed use would be located.
(Ord. 454 §2, 2000)
§ 10.100.020 Application and Processing Procedure.
An application for a variance shall be processed in accordance with the provisions of Chapter 10.128.
(Ord. 454 §2, 2000)
§ 10.100.030 Findings Required for Granting a Variance.
The Planning Commission may grant a variance when it appears from the application, and the facts permitted at the public hearing, and by investigation that:
(A)
There are unnecessary, unreasonable hardships or practical difficulties which can be relieved only by modifying the requirements of this title, and is the minimum relief to relieve the hardship; and
(B)
There are exceptional or extraordinary circumstances or conditions applying to the land, buildings, or use referred to in the application, which circumstances or conditions do not apply generally to the land, buildings, or uses in the same zone; however, nonconforming land, uses, or structures in the vicinity shall not in themselves constitute such circumstances or conditions; and
(C)
That granting the application will not be materially detrimental to the public welfare or be injurious to property or improvements in the neighborhood of the premises; and
(D)
That such variance is necessary for the preservation and enjoyment of the substantial property rights of the petitioner; and
(E)
That the granting of the application will not, under the circumstances of the particular case, adversely affect the health or safety of persons working or residing in the neighborhood of the property of the applicant; and
(F)
That granting of the application will be in conformance with the intent and purpose of this Title and any officially adopted Comprehensive Plan.
(Ord. 454 §2, 2000)
§ 10.100.040 Sign Variance.
Sign Variance criteria are listed in Section 10.64.230.
(Ord. 545, 7/9/2025)
§ 10.100.050 Limiting Variances.
The Planning Commission may impose such limitations, conditions and safeguards as it may deem appropriate so that the intent of this title will be observed, public safety and welfare secured, and substantial justice be done. The Planning Commission may limit the time or duration of a variance. If the variance is granted, the applicant will exercise the rights granted in accordance with the terms and subject to all conditions and limitations of the approval by the Planning Commission. A violation of any such condition or limitation shall constitute a violation of this title.
(Ord. 454 §2, 2000)
§ 10.100.060 Variance Right Must Be Exercised to Be Effective.
Variances granted under this title shall be effective only when the exercise or the right granted thereunder shall be completed within six months from the effective date of that variance, unless a longer period be specified or thereafter allowed by the Planning Commission. In case such right has not been exercised, or extension obtained, the variance shall be void.
(Ord. 454 §2, 2000)
§ 10.100.070 Effective Date of Approval.
If no public hearing is held by the City Council, the variance shall be effective 15 days after the date of the notice of the decision; however, if a public hearing is held by the City Council, the variance shall be effective following the final action taken by the City Council.
(Ord. 454 §2, 2000)
§ 10.100.080 Appeals.
A decision of the Planning Commission may be appealed pursuant to the provisions of Chapter 10.128.
(Ord. 454 §2, 2000)