Portland City Code ch. 14 (Land Use Code)

Citation: Portland City Code ch. 14 (Land Use Code)
Jurisdiction: Portland (municipal)
Source: Official source
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D. A determination that failure to grant the 1. The development meets the criteria of
variance would result in “undue hardship,” Subsection 12.7.2.
which in this subsection means: 2. The proposed repair, reconstruction,
1. That the land in question cannot yield a rehabilitation, or restoration will not
reasonable return unless a variance is preclude the structure’s continued
granted. designation as a historic structure and the
2. That the need for a variance is due to the variance is the minimum necessary to
unique circumstances of the property and preserve the historic character and design
not to the general conditions in the of the structure.
neighborhood. C. Variances may be issued for new construction
3. That the granting of a variance will not and substantial improvement of agricultural
alter the essential character of the locality. structures being used for the conduct of
4. That the hardship is not the result of agricultural uses provided that:
action taken by the applicant or a prior 1. The development meets the criteria of
owner. Subsection 12.7.2 and Subsection 12.4.5 are
E. Variances shall only be issued upon a met.
determination that the variance is the minimum 2. The development meets the criteria of
necessary, considering the flood hazard, to Subsection 12.4.5(M) and (N).
afford relief, and the Zoning Board of Appeals
may impose such conditions to a variance as is 12.7.4 Notice to applicants
deemed necessary. Any applicant who meets the criteria of Subsections
12.7.2 and 12.7.3(A), (B), or (C) shall be notified by
12.7.3 Standards for specific variances the Board of Appeals in writing with the signature of
A. Variances may be issued for new construction, the Chair of the Board of Appeals that:
substantial improvements, or other A. The issuance of a