Chapter 17.40
EXCEPTIONS AND VARIANCES
Sections:
17.40.020 General exceptions to yard requirements.
17.40.030 General exceptions to building height limitations.
17.40.040 Projections from buildings.
17.40.050 Authorization to grant or deny variances.
17.40.060 Circumstances for granting a variance.
17.40.070 Procedure for granting a variance.
17.40.080 Administrative variances.
17.40.010 Nonconforming uses.
A. A nonconforming use or structure may be continued but may not be altered or expanded. The expansion of a nonconforming use to a portion of a structure which was arranged or designed for the nonconforming use at the time of passage of the ordinance codified in this title is not an enlargement or expansion of a nonconforming use. A nonconforming structure which conforms with respect to use may be altered or expanded if the alteration or expansion does not cause the structure to deviate further from the standards of this title.
B. If a nonconforming use is discontinued for a period of one year, further use of the property shall conform to this title.
C. If a nonconforming use is replaced by another use, the new use shall conform to this title.
D. If a nonconforming structure or a structure containing a nonconforming use is destroyed by any cause to an extent exceeding 80 percent of its fair market value as indicated by the records of the county assessor, a future structure or use on the site shall conform to this title.
E. Nothing contained in this title shall require any change in the plans, construction, alteration or designated use of a structure for which a permit has been issued by the city and construction has commenced prior to the adoption of the ordinance codified in this title provided the structure, if nonconforming or intended for a nonconforming use, is completed and in use within two years from the time the permit is issued. [Ord. 01-02 § 2 (Exh. 2 § 6.1), 2001.]
17.40.020 General exceptions to yard requirements.
The following exceptions to yard requirements are authorized for a lot in any zone, except a corner lot. Any front yard need not exceed:
A. The average of the front yards on abutting lots which have buildings within 100 feet of the lot; or
B. The average of the front yard of a single abutting lot, which has a building within 100 feet, and the required depth for that zone. [Ord. 01-02 § 2 (Exh. 2 § 6.2), 2001.]
17.40.030 General exceptions to building height limitations.
Vertical projections such as chimneys, spires, domes, elevator shaft housing, towers, aerials, flagpoles and similar objects not used for human occupancy are not subject to the building height limitations of this title. [Ord. 01-02 § 2 (Exh. 2 § 6.3), 2001.]
17.40.040 Projections from buildings.
Architectural features such as cornices, eaves, canopies, sunshades, gutters, chimneys, and flues shall not project more than 24 inches into a required yard setback area. [Ord. 01-02 § 2 (Exh. 2 § 6.4), 2001.]
17.40.050 Authorization to grant or deny variances.
The planning commission may authorize a variance from the requirements of this title where it can be shown that owing to special and unusual circumstances related to a specific lot, strict application of this title would cause an undue or unnecessary hardship. In granting a variance, the planning commission may attach conditions which it finds necessary to protect the best interests of the surrounding property or vicinity and otherwise achieve the purposes of this title. [Ord. 01-02 § 2 (Exh. 2 § 6.5), 2001.]
17.40.060 Circumstances for granting a variance.
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, topography or other circumstances over which the owners of property since enactment of the ordinance codified in this title have had 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 same zone or vicinity in which the property is located, or otherwise conflict with the objectives of any city plan or policy.
D. The variance requested is the minimum variance which would alleviate the hardship. [Ord. 01-02 § 2 (Exh. 2 § 6.6), 2001.]
17.40.070 Procedure for granting a variance.
A. Application for a Variance. A property owner shall initiate a request for a variance by filing an application with the city recorder.
B. Public Hearing on a Variance. Before the planning commission may act on a request for a variance, it shall hold a public hearing.
C. Notification of Decision. Within 10 days after a decision has been rendered by the planning commission with reference to a request for a variance, the city recorder shall provide the applicant with the notice of the decision of the planning commission.
D. Time Limit for a Permit for a Variance. Authorization for a variance shall be void after six months, unless substantial construction pursuant thereto has taken place. However, the planning commission may, at its discretion, extend the authorization for an additional six months on request.
E. Resubmittal. If a request is denied by the city staff or hearing body and no appeal is filed, or if upon review or appeal the denial is affirmed, no new request for the same or substantially similar proposal shall be filed within six months after the date of final denial. An application may be denied without prejudice and a waiver of the six-month restriction granted. If conditions have changed to an extent that further consideration of an application is warranted, the hearing body, on its own motion, may consider new evidence and waive the six-month restriction.
F. Final Action. Except as provided for under ORS 227.178, the city shall take final action on conditional use permits and variances, including the resolution of all appeals to the city council under ORS 227.180, within 120 days from the date a complete application is submitted to the city. Within 30 days of receipt of an application, the city will review the application to determine whether it is complete. The applicant will be notified of any missing materials within the 30-day period. The 120-day time period will commence on the date the application is deemed complete. [Ord. 01-02 § 2 (Exh. 2 § 6.7), 2001.]
17.40.080 Administrative variances.
An administrative variance may be granted by staff without the normal public hearing before the planning commission, provided:
A. The variance requested is for relief of a physical or spatial requirement of this title and the variance is 10 percent or less of the specified requirement.
B. Notice to affected property owners shall be required as specified in CMC 17.48.050.
1. At the end of the 10-day period provided for review, the city shall render a decision based upon the appropriate approval criteria for variances or conditional uses and prepare a written decision together with the findings of fact on which the decision is based.
2. Anyone filing a written objection may appeal the staff decision to the planning commission. [Ord. 01-02 § 2 (Exh. 2 § 6.8), 2001.]