It is the intent of this section that a Variance may be granted
when the strict application of certain provisions of this code create
a unique circumstance, caused by unusual conditions related to a specific
property, building or structure. An authorized Variance is not personal
to the applicant, but runs with the land and/or use, as applicable.
The granting of a Variance does not create a non-conforming use, lot/parcel.
The Variance provisions of this section apply to buildings,
structures and lots/parcels. There may be provisions for Variances
from other regulations specified elsewhere in this code, including,
but not limited to:
(A) Floodplain Variances, which are processed using criteria specified
in SDC 3.3.430.
(B) Multiple Unit Housing Variances, which are processed using criteria
specified in SDC 3.2.250.
(6443)
No Variance will be granted that:
(A) Authorizes a use that is not permitted in the applicable land use
district, overlay or Plan District;
(B) Conflicts with adopted Fire and Life Safety Codes or Building Safety
Codes; and/or
(C) Varies from State or Federal mandated regulations, unless otherwise
specified in this code.
(6443)
(A) Minor Variances are limited to certain specific numeric standards
in this code. The Director may adjust the following numeric standards
by up to 30 percent as a Minor Variance:
(2) Lot/parcel dimensions that do not reduce the required lot/parcel
size below the minimum required in the applicable land use district;
(4) Lot/parcel coverage outside of the HD Overlay District as described
in SDC 3.3.510; and
(5) Parking standards on certain infill lots/parcels.
(B) If the Minor Variance involves a setback, the plot plan shall be
prepared by an Oregon registered surveyor.
(C) The Director may consider additional categories of Minor Variance,
on a case by case basis, without the need for an interpretation, as
specified in SDC 5.11.100.
(D) The Director must approve the Minor Variance if the applicant demonstrates
compliance with all of the applicable approval criteria:
(1) Locational or dimensional problems have been identified that can
be resolved by a Minor Variance;
(2) The request is the minimum necessary to alleviate the identified
dimensional or locational problem;
(3) Where applicable, the request shall result in the preservation of
on-site trees 5-inch dba and above;
(4) The request shall not impede adequate emergency access to the site;
(5) The request shall not unreasonably adversely impact public or private
easements; and
(6443; Ord.
6465, 11/20/2023)
Major Variances involve discretionary decision-making and apply
to those Variances that are not Minor Variances as specified in SDC
5.21.125. The Approval Authority may approve or approve with conditions
a Major Variance on finding that all of the following approval criteria
are satisfied, otherwise the request will be denied:
(A) An unusual condition exists that is unique to: a lot/parcel, building
or structure; lot/parcel size, shape or topography; the location or
size of physical improvements; or other similar circumstances not
anticipated by this code but related to the property that would deprive
the owner of rights commonly enjoyed by other property owners similarly
situated in the same land use district;
(B) The Variance shall not be inconsistent with the development standards
of this code or of any applicable Refinement Plan diagram, Plan District
map, Conceptual Development Plan or other applicable plans or studies;
(C) The Variance shall have no significant adverse affects on other properties
in the same land use district and/or vicinity, or the request can
be conditioned so that there are no significant adverse affects;
(D) The unusual condition described in subsection
(A) above shall not arise from a previous code violation or rely only on loss of profit or financial need;
(E) The Variance requested is the minimum necessary to alleviate the
unusual condition.
(6443)
The Approval Authority may attach conditions as may be reasonably
necessary in order to allow the Minor or Major Variance to be granted.