Chapter 17.108
VARIANCES
Sections:
17.108.020 Applicability of provisions.
17.108.030 Administration and approval process.
17.108.040 Expiration of approval – Standards for extension of time.
17.108.050 Criteria for granting a variance.
17.108.060 Application submission requirements.
17.108.080 Exceptions to site development review standards.
17.108.010 Purpose.
The purpose of this chapter is to provide the following:
(1) Standards for the granting of variances from the applicable zoning requirements of this code where it can be shown that, owing to special and unusual circumstances related to a specific piece of the land, the literal interpretation of the provisions of the applicable zone would cause an undue or unnecessary hardship, except that no use variances shall be granted; and
(2) For the reduction of the yard setback areas where a reduction is necessary to enlarge an existing structure or for the increase in lot coverage where an increase is for these reasons or new accessory structures. (Ord. 3189 § 2 (Att. A), 2015; Ord. 2875 § 1.144.010, 2003)
17.108.020 Applicability of provisions.
(1) The variance standards are intended to apply to individual platted and recorded lots/parcels only.
(2) An applicant who is proposing to vary a specification standard for lots yet to be created through a subdivision process may not utilize the variance procedure unless otherwise specified in Chapter 17.136 SHMC, Land Division – Subdivision.
(3) The provisions of this chapter shall apply to building setback requirements in all zoning districts and pursuant to other chapters of the development code. (Ord. 3150 § 3 (Att. B), 2011; Ord. 2875 § 1.144.020, 2003)
17.108.030 Administration and approval process.
(1) The applicant for a variance shall be the recorded owner of the property or an agent authorized in writing by the owner.
(2) A preapplication conference with city staff shall be required.
(3) Due to possible changes in state statutes, or regional or local policy, information given by staff to the applicant during the preapplication conference is valid for no more than six months:
(a) Another preapplication conference is required if any variance application is submitted six months after the preapplication conference; and
(b) Failure of the director to provide any of the information required by this chapter shall not constitute a waiver of the standards, criteria or requirements of the applications.
(4) The commission shall approve, approve with conditions, or deny any application for a variance. The commission shall apply the standards set forth in SHMC 17.108.050 when reviewing an application for a variance.
(5) The decision of the commission may be appealed in accordance with SHMC 17.24.310(1).
(6) The director shall mail notice of any variance decision to persons who are entitled to notice in accordance with SHMC 17.24.130. (Ord. 3189 § 2 (Att. A), 2015; Ord. 2875 § 1.144.030, 2003)
17.108.040 Expiration of approval – Standards for extension of time.
(1) Approval of a variance shall be void unless:
(a) Substantial construction of the approved plan has begun within a one-year period; or
(b) Construction on the site is consistent with the approved plan.
(2) The director shall, upon written request by the applicant and payment of the required fee, grant an extension of the approval period not to exceed one year; provided, that:
(a) No changes are made on the original variance plan as approved by the director;
(b) The applicant can show intent of initiating construction on the site within the one-year extension period; and
(c) There have been no changes to the applicable comprehensive plan policies and ordinance provisions on which the approval was based.
(3) Notice of the decision shall be provided to the applicant. The decision of the director may be appealed by the applicant as provided by SHMC 17.24.310(1). (Ord. 2875 § 1.144.040, 2003)
17.108.050 Criteria for granting a variance.
(1) The commission shall approve, approve with conditions, or deny an application for a variance based on finding that the following criteria are satisfied:
(a) The proposed variance will not be significantly detrimental in its consequence to the overall purposes of this code, be in conflict with the applicable policies of the comprehensive plan, to any other applicable policies and standards of this code, and be significantly detrimental in its consequence to other properties in the same zoning district or vicinity;
(b) There are special circumstances that exist which are peculiar to the lot size or shape, topography or other circumstances over which the applicant has no control, and which are not applicable to other properties in the same zoning district;
(c) The use proposed will be the same as permitted under this code and city standards will be maintained to the greatest extent that is reasonably possible while permitting some economic use of the land;
(d) Existing physical and natural systems, such as but not limited to traffic, drainage, dramatic landforms, or parks, will not be adversely affected any more than would occur if the development were located as specified in the code; and
(e) The hardship is not self-imposed and the variance requested is the minimum variance which would alleviate the hardship.
(2) The commission shall approve, approve with modifications, or deny an application for an access variance in accordance with the criteria set forth in SHMC 17.84.150.
(3) The planning commission shall approve, approve with modifications, or deny an application for a subdivision variance subject to the criteria set forth in SHMC 17.136.120.
(4) The yard requirements in the applicable zone may be reduced up to 20 percent (a reduction of 20 percent of the required setback) and/or the lot coverage standards increased up to five percent (maximum specified lot coverage plus five percent) without a variance, provided the following standards are satisfied:
(a) The reduction of the yard or increase in lot coverage established by the applicable zoning district shall be necessary to allow for the enlargement or remodeling of an existing principal building, accessory structure, or auxiliary dwelling unit as defined per SHMC 17.16.010;
(b) The increase in lot coverage established by the applicable zoning district may also allow for new accessory structures or auxiliary dwelling units;
(c) The garage or carport setback to the front property line satisfies the requirements of the applicable zoning district;
(d) Reductions to setback requirement do not apply to interior yards. Interior yards shall not be reduced per this subsection (4);
(e) The standards of Chapter 17.76 SHMC, Visual Clearance Areas, shall be satisfied;
(f) The proposed building, accessory structure, addition, or auxiliary dwelling unit shall not encroach upon any existing easements or any public utility or other infrastructure;
(g) When the proposed building or addition is within the rear yard, the setback adjacent to the rear property line shall be landscaped with sight-obscuring plantings in accordance with the standards set forth in SHMC 17.72.080, Buffering and screening requirements;
(h) The location of the proposed building, structure or addition shall not interfere with future street extensions or increases in right-of-way width based on adopted plans and standards; and
(i) Setback, buffering and screening requirements that apply when commercial and industrial zones abut a residential zone shall be satisfied.
(5) Reasonable Accommodation.
(a) This development code has been developed to achieve the policy set out in ORS 197.663 to afford persons or groups of persons with disabilities an equal opportunity to use and enjoy housing within the city of St. Helens. Nevertheless, it may at times be necessary to make reasonable accommodations in land use and zoning policies or procedures to avoid discrimination against persons with disabilities.
(i) Upon request by an applicant, the director shall waive a requirement of this development code where the requested modification is reasonable and necessary to make a reasonable accommodation in compliance with the Federal Fair Housing Act. A requested modification shall be considered unreasonable when it would impose an undue burden or expense on the city or create a fundamental alteration in the zoning scheme. (Ord. 3264 § 2 (Att. A), 2021; Ord. 3232 § 2 (Att. A), 2018; Ord. 3189 § 2 (Att. A), 2015; Ord. 3032 § 1(5), 2007; Ord. 2875 § 1.144.050, 2003)
17.108.060 Application submission requirements.
(1) All applications shall be made on forms provided by the director and shall be accompanied by:
(a) Copies of the variance site plan(s) and necessary data or narrative (number to be determined at the preapplication conference), which explains how the development conforms to the standards:
(i) Sheet size for a variance site plan and required drawings shall preferably not exceed 18 inches by 24 inches;
(ii) The scale of the site plan shall be an engineering scale; and
(iii) All drawings of structure elevations shall be a standard architectural scale, being one-fourth-inch or one-eighth-inch;
(b) The required fee.
(2) The required information may be combined and does not have to be placed on separate maps.
(3) The variance site plan, data, and narrative shall include the following:
(a) A site plan, SHMC 17.108.070; and
(b) A copy of all existing and proposed restrictions or covenants. (Ord. 2875 § 1.144.060, 2003)
17.108.070 The site plan.
(1) The proposed variance site plan shall include the following information:
(a) The proposed site and surrounding properties;
(b) The location, dimensions and names of all existing streets;
(c) The locations and dimensions of:
(i) Entrances and exits on the site;
(ii) Parking and circulation areas;
(iii) Loading and services areas;
(iv) Pedestrian and bicycle circulation;
(v) Outdoor common areas;
(vi) Above ground utilities; and
(vii) Existing landscaping;
(d) The location, dimensions and setback distances of all:
(i) Existing structures, improvements and utilities which are located within 25 feet of the sites and are on adjoining property; and
(ii) Proposed structures, improvements, landscaping, and utilities on the site.
(2) In the case of a request for a variance to the building height provisions of Chapter 17.68 SHMC:
(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. 2875 § 1.144.070, 2003)
17.108.080 Exceptions to site development review standards.
The approval authority may apply one or more of the following exceptions (1) through (3) as part of the findings of site development review or conditional use permit applications:
(1) The approval authority may grant an exception to the yard requirements in the applicable zone based on findings that the approval will result in the following:
(a) An exception which is not greater than 20 percent of the required yard;
(b) No adverse effect to adjoining properties in terms of light, noise levels, and fire hazard;
(c) No reduction in safety for vehicular and pedestrian access to the site and on site;
(d) A more efficient use of the site which would result in more landscaping than the minimum required; and
(e) The preservation of natural features which have been incorporated into the overall design of the project.
(f) The approval authority shall determine that the basis for this exception is clear and objective to be allowed.
(2) The approval authority may grant an exception or deduction to the off-street parking dimensional and minimum number of space requirements in the applicable zoning district based on the following findings:
(a) The application is for a use designed for a specific purpose which is intended to be permanent in nature (for example, senior citizen housing) and which has a demonstrated low demand for off-street parking;
(b) There is an opportunity for shared parking and there is written evidence that the property owners have entered into a binding agreement to share parking; or
(c) There is community interest in the preservation of particular natural feature(s) on the site, public transportation is available to the site, and reducing the standards will not adversely affect adjoining uses; therefore, the public interest is not adversely affected by the granting of the exception.
(3) The approval authority may grant an exception or deduction to the private outdoor area and shared outdoor recreation areas requirements, provided the application is for a use designed for a specific purpose which is intended to be permanent in nature (for example, senior citizen housing) and which can demonstrate a reduced demand for a private outdoor recreational area based on any one or more of the following findings:
(a) There is direct access by a pedestrian path, not exceeding one-quarter mile, from the proposed development to public open space or recreation areas which may be used by residents of the development;
(b) The development operates a motor vehicle which is available on a regular basis to transport residents of the development to public open space or recreation areas; or
(c) The required square footage of either the private outdoor area or the shared outdoor recreation area may be reduced if together the two areas equal or exceed the combined standard for both.
(4) Uses not subject to site development review or conditional use permits (e.g., single dwelling units and duplexes) are not eligible for any of these exceptions. (Ord. 3264 § 2 (Att. A), 2021; Ord. 2875 § 1.144.080, 2003)