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Tree Ordinances and Admin Orders
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Tree Ordinances and Admin Orders
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7/9/2014 11:08:08 AM
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conditionally approve, or deny a variance, with findings and conclusions thereon <br /> following a Type II process. Approval, or conditional approval shall be based on <br /> compliance with all the following criteria: <br /> (1) A strict or literal interpretation and enforcement of the specified regulation <br /> would result in practical difficulty or undue physical hardship due to at least one <br /> of the following conditions: <br /> (a) Size, shape, or dimensions of a site. <br /> (b) Geographic, topographic, or other physical conditions on the site or in the <br /> immediate vicinity. <br /> (c) Street locations or traffic conditions in the immediate vicinity. <br /> Economic considerations do not constitute grounds for granting a variance. <br /> (2) There are exceptional or extraordinary circumstances or conditions applicable to <br /> the property involved or to the intended use of the property that do not apply <br /> generally to other properties classified in the same zone. <br /> (3) The granting of the variance will not be detrimental to the public health, safety <br /> or welfare, or materially injurious to properties or improvements in the vicinity. <br /> (4) In addition to the above criteria, the following 3 criteria apply to variances from <br /> code sections that apply to EC 9.6410 Motor Vehicle Parking Standards, and <br /> from EC 9.2000 to 9.3915 base zone regulations as applied to fences and walls. <br /> (a) Neither present nor anticipated future traffic volumes generated by the use <br /> of the site or uses of the sites in the vicinity reasonably require strict or <br /> literal interpretation and enforcement of the specified regulation. <br /> (b) The granting of the variance will not result in the parking or loading of <br /> vehicles on public streets in such a manner as to interfere with the free <br /> flow of traffic on the streets. <br /> (c) The granting of the variance will not create a safety hazard or any other <br /> condition inconsistent with the objectives of this land use code. <br /> (5) In addition to the criteria set forth in subsections (2), (3) and (4) of this section, <br /> the following criterion applies to variances from the provisions of EC 9.6600 to <br /> 9.6680 Sign Standards: <br /> (a) Strict or literal interpretation and enforcement of the specified regulation <br /> would result in practical difficulty or undue physical hardship inconsistent <br /> with the objectives of EC 9.6600 to 9.6680 Sign Standards. A practical <br /> difficulty or undue hardship may result from the location of existing <br /> structures on the site or in the immediate vicinity. The planning director <br /> may not grant variances based on the convenience of the applicant, <br /> including any hardship of regional or national businesses which wish to <br /> use a standard sign when those standard signs do not conform to the <br /> provisions of the sign code. <br /> Willamette Greenway Permits <br /> Ordinance - 385 <br />
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