AN ORDINANCE ADDING CHAPTER 2.28 PUBLIC WORKS VARIANCES, OF TITLE 2, LOCAL IMPROVEMENTS, OF THE YAMHILL MUNICIPAL CODE.

THE CITY OF YAMHILL ORDAINS AS FOLLOWS:

SECTION 1. There is hereby added to the Yamhill Municipal Code, Chapter 2.28 Public Works Variances, of Title 2, Local Improvements, as follows:

Sections:

2.28.010 Authority to Grant or Deny Variances

2.28.020 Application and Processing Procedure

2.28.030 Findings Required for Granting a Variance

2.28.040 Limiting Variances

2.28.050 Variance Right Must be Exercised to be Effective

2.28.060 Effective Date of Approval

2.28.070 City Council Decision is Final

2.28.010 Authority to Grant or Deny Variances. The City Council may approve variances from the requirements of this Title where it can be shown that, owing to special and unusual circumstances related to a specific piece of property, strict application of the regulations would cause an undue or unnecessary hardship.

2.28.020 Application and Processing Procedure. An application for a variance shall be processed in accordance with the provisions of Title 10, Chapter 10.64 of this Municipal Code.

2.28.030 Findings Required for Granting a Variance. The City Council may grant a variance when it appears from the application, and the facts permitted at the public hearing, and by investigation that:

(A) There are unnecessary, unreasonable hardships or practical difficulties which can be relieved only by modifying the requirements of this Title, and is the minimum relief to relieve the hardship; and,

(B) There are exceptional or extraordinary circumstances or conditions applying to the land, buildings, or use referred to in the application, which circumstances or conditions do not apply generally to the land, buildings, or uses in the same zone; however, nonconforming land, uses, or structures in the vicinity shall not in themselves constitute such circumstances or conditions; and,

(C) That granting the application will not be materially detrimental to the public welfare or be injurious to property or improvements in the neighborhood of the premises; and,

(D) That such variance is necessary for the preservation and enjoyment of the substantial property rights of the petitioner; and,

(E) That the granting of the application will not, under the circumstances of the particular case, adversely affect the health or safety of persons working or residing in the neighborhood of the property of the applicant; and,

(F) That granting of the application will be in conformance with the intent and purpose of this Title.

2.28.040 Limiting Variances. The City Council may impose such limitations, conditions and safeguards as it may deem appropriate so that the intent of this Title will be observed, public safety and welfare secured, and substantial justice be done. The City Council may limit the time or duration of a variance. If the variance is granted, the applicant will exercise the rights granted in accordance with the terms and subject to all conditions and limitations of the approval by the City Council. A violation of any such condition or limitation shall constitute a violation of this Title.

2.28.050 Variance Right must Be Exercised to Be Effective. Variances granted under this Title shall be effective only when the exercise or the right granted thereunder shall be completed within 6 months from the effective date of that variance, unless a longer period be specified or thereafter allowed by the City Council. In case such right has not been exercised, or extension obtained, the variance shall be void.

2.28.060 Effective Date of Approval. The variance shall be effective following the final action taken by the City Council.

2.28.070 City Council Decision is Final. A decision of the City Council shall be final.

SECTION 2. All remaining provisions of Yamhill Municipal Code, Title 2, Local Improvements, are hereby reaffirmed in their entirety.

SECTION 3. This Ordinance not being necessary for the immediate preservation of the public peace, health and safety of the City of Yamhill, Oregon, an emergency is not hereby declared to exist and this Ordinance shall be in full force and effect thirty (30) days after passage.

INTRODUCED AND ADOPTED by the City of Yamhill Council and signed by me in authentication of its passage this 23rd day of September , 1998.