City of Yachats Land Use Information Sheet Index Yachats Municipal Code

 

Variance Information

Application Form

 

A variance requires consideration in a Public Hearing before the Planning Commission.

A variance is a relief given where the literal enforcement of the zoning code would result in unnecessary hardship to a particular property, and may be granted only in the event ALL of the following circumstances are found to exist:

  1. Exceptional or extraordinary circumstances apply to the property which do not apply generally to other properties in the same zone or vicinity, and result from lot size or shape legally existing prior to the date of the current code, topography, or other circumstances over which the applicant has no control.
  2. The variance is necessary for the preservation of a property right of the applicant substantially the same as owners of other property in the same zone or vicinity posses.
  3. The variance would not be materially detrimental to the purposes of the code or to property in the zone or vicinity in which the property is located, or otherwise conflict with the objectives of any City plan or policy.
  4. The variance requested is the minimum variance which would alleviate the hardship.
  5. The hardship asserted as a basis for the variance does not arise from a violation of the zoning code.

Variances may be granted to height, bulk, placement of building, yards, and other dimensional requirements. Variances cannot be granted to authorize a use not otherwise permitted in the zoning district.

In granting a variance, the Planning Commission may attach conditions which it finds necessary to protect the best interests of the surrounding property or neighborhood and otherwise achieve the purposes of the code.

Prior to preparing an application for variance the owner should discuss the proposed development with the City Planner. Once the code standards and requirements have been reviewed and the completed application and fee are submitted to the City Recorder a public hearing date will be set. Please make sure the application and all supporting information is complete. An incomplete application will not be accepted.

To review the Code see Section 9.80

Application Form

City of Yachats Land Use Information Sheet Index Yachats Municipal Code