§ 17.5.045 VARIANCES.

   A.   The purpose of this section is to ensure that compliance with the Natural Resource Area (NRA) provisions do not cause unreasonable hardship. To avoid such instances, the requirements for NRA may be varied. Variances are also allowed when strict application of this ordinance would deprive an owner of all economically viable use of land.

   B.   This variance provision only applies to NRA as regulated by this chapter. All other variances for other provisions of this Code are subject to the requirements of §§ 17.2.700 et seq.

   C.   This section applies in addition to the standards governing proposals to vary the requirements of the base zone.

   D.   Notice of variance  applications shall be provided:

      1.   Upon receiving an application to vary the requirements of these NRA provisions, the notice shall be provided to all property owners within 300 feet of the subject property inside the urban growth boundary, and within 500 feet of the subject property outside the urban growth boundary, to Metro, to any neighborhood or community planning organization recognized by the Oregon Watershed Enhancement Board and whose boundaries include the property. Notice shall be sent out 14 days prior to any decision.

      2.   The variance request shall be reviewed and acted upon by the person or board or commission responsible for reviewing compliance with the overall NRA provisions.

      3.   Within seven days of a decision on the variance , notice of the decision shall be provided to Metro, to any neighborhood or community planning organization recognized by the governing body and whose boundaries include the property, and to any watershed council recognized by the Oregon Watershed Enhancement Board and whose boundaries include the property, and to any other person required to receive notice of such a decision under state law.

   E.   Hardship variance . Variances to avoid unreasonable hardship caused by the strict application of this Code are permitted subject to the criteria set forth in this section. To vary from the requirements of this Code, the applicant must demonstrate the following:

      1.   The variance is the minimum necessary to allow the proposed use or activity;

      2.   Unless the proposed variance is from mitigation under § 17.5.035E. or mitigation under § 17.5.040B., C. or D.1.b. and D.2.d., the proposed use will comply with those standards, as applicable; and

      3.   The proposed use complies with the standards of the base zone.

   F.   Buildable lot  variance . A variance to avoid the loss of all economically viable use of a lot that is partially inside a NRA is permitted. Applicants must demonstrate the following:

      1.   Without the proposed variance , the applicant would be denied economically viable use of the subject property. To meet this criterion, the applicant must show that:

         a.   The proposed use cannot meet the standards in § 17.5.045E. (hardshipvariance ); and

         b.   No other application could result in permission for an economically viable use of the subject property. Evidence to meet this criterion shall include a list of uses allowed on the subject property.

      2.   The proposed variance is the minimum necessary to allow for the requested use ;

      3.   The proposed variance will comply with §§ 17.5.035E., or 17.5.040B., C. or D.1.b and D.2.d. (mitigation ); and

      4.   The proposed use complies with the standards of the base zone.

   G.   Variance conditions. Conditions may be imposed to limit any adverse impacts that may result from granting any variance .

(Ord. 2009-01, passed 3-9-2009)