Chapter 17.406
VARIANCES AND ADJUSTMENTS
Sections:
17.406.020 General provisions.
17.406.010 Purpose.
This chapter provides standards and procedures for variances and adjustments, which are modifications to development standards that are not otherwise permitted elsewhere in this code as exceptions to code standards. These procedures provide relief from specific code provisions when they have the unintended effect of preventing reasonable development in conformance with all other codes. The variance and adjustment procedures provide flexibility while ensuring that the resulting development is consistent with the code’s intent. [Ord. 521-2013 § 3 (Exh. A)].
17.406.020 General provisions.
A. Authorization of Adjustments and Variances. This chapter provides for two types of modifications to development code standards: adjustments and variances.
1. Adjustments involve limited discretion and are processed through an administrative Type II review procedure under DMC 17.401.030. Adjustments are subject to the approval criteria under DMC 17.406.030.
2. Variances involve more discretion than adjustments and require quasi-judicial Type III review under DMC 17.401.040. Variances are subject to the approval criteria under DMC 17.406.040.
B. Application Requirements. Adjustment applications shall be filed pursuant to the requirements for Type II review under DMC 17.401.030, and variance applications shall be filed pursuant to the requirements for Type III review under DMC 17.401.040, as applicable. In addition, the applicant shall provide a narrative or letter explaining the reason for the variance request, alternatives considered, how the variance criteria in DMC 17.406.040 are satisfied, and why the subject code standard(s) cannot be met without the variance.
C. Concurrent Review with Other Applications – Permit Approvals by Other Agencies. Adjustment and variance requests may be combined with other city land use and development applications; however, some variances may be subject to approval by other permitting agencies, such as ODOT or Yamhill County in the case of variances to highway or street access standards. Variances to city of Dundee public works design standards are reviewed by the city engineer and are not subject to the development code.
D. Allowed Uses Not Subject to Adjustment or Variance. An adjustment or variance may not be used to add a new use to the list of allowed or conditionally allowed uses by zoning district. [Ord. 521-2013 § 3 (Exh. A)].
17.406.030 Adjustments.
A. Applicability. The planning official may authorize an adjustment when the request would result in a 20 percent change or less to a quantifiable standard, and where the criteria in subsection (B) of this section are met. Any request to change a quantifiable standard by more than 20 percent would require a variance application.
B. Approval Criteria. An adjustment request shall be granted if an applicant demonstrates compliance with the following criteria:
1. The adjustment is consistent with the purpose and intent of the code standard(s) to be adjusted;
2. The adjustment would not create a conflict with or unreasonably impact adjacent uses; and
3. Approval of the adjustment does not create a violation of any other code standard or previous land use action. [Ord. 544-2016 § 2 (Exh. A); Ord. 521-2013 § 3 (Exh. A)].
17.406.040 Variances.
A. Applicability. Except where this code specifically authorizes exceptions, or where the city may approve an adjustment pursuant to DMC 17.406.030, a variance is required to deviate from a standard of this code.
B. Approval Criteria. The planning commission may approve an application for a variance through a Type III review upon finding that the application meets all of the following criteria:
1. The variance is necessary because the subject code provision does not account for special or unique physical circumstances of the subject site, existing development patterns, or adjacent land uses;
2. The variance is the minimum necessary to address the special or unique physical circumstances related to the subject site;
3. The need for the variance is not self-imposed by the applicant or property owner (for example, the variance request does not arise as result of a property line adjustment or land division approval previously granted to the applicant);
4. The variance does not conflict with other applicable city policies or other applicable regulations;
5. The variance will result in no foreseeable harm to adjacent property owners or the public; and
6. All applicable building code requirements shall be met. [Ord. 521-2013 § 3 (Exh. A)].
17.406.050 Expiration.
A variance or adjustment approval, as applicable, shall expire if not acted upon by the property owner within one year of approval. Where the owner has applied for a building permit or final plat, or has made site improvements consistent with an approved development plan (e.g., site development review or preliminary subdivision plan), the city planning official may extend the approval without a separate land use action. [Ord. 521-2013 § 3 (Exh. A)].