Chapter 15.215
VARIANCE PROCEDURES
Sections:
15.215.020 Authority of hearing body.
15.215.040 Type II variance criteria.
15.215.050 Conditions may be attached.
15.215.060 Variance must be exercised to be effective.
15.215.010 Purpose.
It is the intent that variances may be granted in order to prevent or to lessen practical difficulties and unnecessary physical hardships inconsistent with the objectives of this code as would result from a strict or literal interpretation of this code. [Ord. 2451, 12-2-96. Code 2001 § 151.160.]
15.215.020 Authority of hearing body.
A. Variances may be used to allow modification to specific standards contained in this code if the approval authority finds the applicant has satisfactorily documented compliance with the approval criteria. If a variance request is approved, the approval authority may attach conditions to the final decision in order to mitigate adverse impacts which might result from the approval.
B. The following regulations may not be varied:
1. The uses permitted in the land use district.
2. Definitions.
3. Restrictions on use or development that contain the word “prohibited.”
4. Signs. [Ord. 2499, 11-2-98; Ord. 2451, 12-2-96. Code 2001 § 151.161.]
15.215.030 Application.
The property owner desiring a variance shall file an application with the director on a form prescribed by the director, which shall include the following data:
A. Statement of the precise nature of the variance requested and the practical difficulty or unnecessary physical hardship inconsistent with the objectives of the Newberg comprehensive plan and code, which would result from a strict or literal interpretation and enforcement of a specified regulation of this code, together with any other data pertinent to the findings prerequisite to the granting of a variance prescribed in this chapter.
B. When a requested variance is for aesthetic reasons, as they relate to the front yard, fences or walls, on the basis of a substitute plan of equal aesthetic value, a statement of the precise nature of the variance requested shall be submitted.
C. An accurate scale drawing of the site and any adjacent property affected, showing all existing and proposed locations of streets, property lines, uses, structures, driveways, pedestrian walks, off-street parking and off-street loading facilities and landscaped areas. [Ord. 2451, 12-2-96. Code 2001 § 151.162.]
15.215.040 Type II variance criteria.
The Type II procedure shall be used to process a variance request. The hearing body shall grant the variance if the following criteria are satisfied:
A. That strict or literal interpretation and enforcement of the specified regulation would result in practical difficulty or unnecessary physical hardship inconsistent with the objectives of this code.
B. That there are exceptional or extraordinary circumstances or conditions applicable to the property involved or to the intended use of the property which do not apply generally to other properties classified in the same zoning district.
C. That strict or literal interpretation and enforcement of the specified regulation would deprive the applicant of privileges enjoyed by the owners of other properties classified in the same zoning district.
D. That the granting of the variance will not constitute a grant of special privilege inconsistent with the limitations on other properties classified in the same zoning district.
E. That the granting of the variance will not be detrimental to the public health, safety or welfare or materially injurious to properties or improvements in the vicinity. [Ord. 2451, 12-2-96. Code 2001 § 151.163.]
15.215.050 Conditions may be attached.
The director may attach any condition to the variance if such condition relates directly and specifically to the request for variance. [Ord. 2451, 12-2-96. Code 2001 § 151.164.]
15.215.060 Variance must be exercised to be effective.
A variance granted under this code shall be effective only when the exercise of the right granted thereunder shall be commenced within one year from the effective date of the decision. The director may authorize an extension of the duration of the decision for an additional six months upon written application. In case such right is not exercised, or extension obtained, the variance decision shall be void. Any variance granted pursuant to this code is transferable to subsequent owners or contract purchasers of the property unless otherwise provided at the time of granting such variance. [Ord. 2451, 12-2-96. Code 2001 § 151.165.]