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North Plains, OR Code of Ordinance
NORTH PLAINS, OREGON CODE OF ORDINANCES
CHARTER
TITLE I: GENERAL PROVISIONS
TITLE III: ADMINISTRATION
TITLE V: PUBLIC WORKS
TITLE VII: TRAFFIC CODE
TITLE IX: GENERAL REGULATIONS
TITLE XI: BUSINESS REGULATIONS
TITLE XIII: GENERAL OFFENSES
TITLE XV: LAND USAGE
TABLE OF SPECIAL ORDINANCES
PARALLEL REFERENCES
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§ 155.107 TYPE III VARIANCE REVIEW CRITERIA.
   A variance may be authorized upon adequate demonstration by the applicant that the proposed variance satisfies the following criteria:
   (A)   Special conditions and circumstances exist which are peculiar to the land, building or structure involved;
   (B)   Granting the proposed variance would be in the public interest and would be in harmony with the purpose of the underlying zoning district and the intent and purpose of this chapter;
   (C)   The variance would result in minimal detriment to the immediate vicinity;
   (D)   The variance requested is the minimum variance which would make possible the reasonable use of the applicant’s land, building or structure; and
   (E)   The special conditions and circumstances on which the application is based do not result from the negligent or knowing violation of this chapter by the applicant.
(Prior Code, § 16.185.010)
§ 155.108 TYPE II MINOR VARIANCES.
   (A)   Minor variances that may be authorized administratively under a Type III process include the following:
      (1)   Minor variances, not to exceed 10%, from lot size, depth, width, area, coverage, landscaping and setback standards; and
      (2)   Minor variances of other design standards of the chapter. The City Planner or his or her designee has the discretion to require a variance of design standards under a Type III process with final approval by the Planning Commission at any time.
   (B)   Minor variances may be authorized administratively upon adequate demonstration by the applicant that the proposed variance satisfies the following criteria:
      (1)   Special conditions and circumstances, such as lot shape and configuration, exist which are peculiar to the land, building or structure involved;
      (2)   The variance would result in minimal detriment to the immediate vicinity;
      (3)   An application for an administrative variance is limited to one lot per application; and
      (4)   No more than three administrative variances may be approved for one lot or parcel in 12 months.
(Prior Code, § 16.185.015)
§ 155.109 CONDITIONS OF APPROVAL.
   (A)   In approving an application for a Type III variance, the Planning Commission may impose such conditions as it deems appropriate to ensure that the intent of this section is carried out.
   (B)   Such conditions shall be reasonably related to the variance criteria set forth in this chapter.
(Prior Code, § 16.185.020)
§ 155.110 COMPLIANCE WITH CONDITIONS.
   (A)   Compliance with conditions imposed in approval of a variance and adherence to an approved plot plan shall be required.
   (B)   Any departure from these conditions of approval and approved plans constitutes a violation of this chapter.
   (C)   The Planning Commission may revoke approval of any variance for failure to comply with any condition imposed in approval of the variance or for any other violation of this chapter.
(Prior Code, § 16.185.025)
COMPREHENSIVE PLAN AND ZONING AMENDMENTS
§ 155.125 PURPOSE AND SCOPE.
   (A)   (1)   Amendments may be necessary from time to time to reflect changing community conditions, needs and desires, to correct mistakes or to address changes in the law.
      (2)   The purpose of this chapter is to describe the general requirements and criteria to be considered in reviewing an application for an amendment to the Comprehensive Plan or this chapter.
      (3)   An amendment may be made to the text of the Comprehensive Plan or this chapter or to the Comprehensive Plan Map or Official Zoning Map.
   (B)   An amendment may be processed in either a legislative or quasi-judicial manner, as follows.
      (1)   Legislative amendments.
         (a)   Legislative amendments may only be made for the establishment of policy. Such an amendment may be initiated only by the City Council or the Planning Commission. An owner of land may submit an application to the City Council or Planning Commission to initiate the amendment by making such an application.
         (b)   Such amendments shall be made only by the Council after review and recommendation by the Planning Commission and after public hearings have been held pursuant to §§ 155.025 through 155.033 of this chapter.
      (2)   Quasi-judicial amendments.
         (a)   Quasi-judicial amendments may only be made for the application of established policy to specific properties in the city. Quasi-judicial amendments may be initiated by the property owner or owners, a contract purchaser or an agent authorized: by the property owner or owners; by the Planning Commission; or by the City Council.
         (b)   All quasi-judicial amendments shall be subject to the public notice requirements and public hearing requirements of §§ 155.025 through 155.033 of this chapter.
(Prior Code, § 16.200.000)
§ 155.126 APPLICATION AND FEE.
   (A)   An application for an amendment shall be filed with the city and accompanied by the appropriate fee.
   (B)   It shall be the applicant’s responsibility to submit a complete application which addresses the review criteria of this subchapter.
(Prior Code, § 16.200.010)
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