17.52.110 Variances.
Any person desiring to erect or increase the height of any structure, or permit the growth of any tree, or use property not in accordance with the regulations prescribed in this ordinance, may apply to the McMinnville Urban Area Management Commission (MUAMC) for a variance from such regulations. An application for a variance shall be accompanied by a determination from the Federal Aviation Administration as to the effect of the proposal on the operation of air navigation facilities and the safe, efficient use of navigable airspace. Such variances shall be allowed where it is duly found that:
A. Owing to special and unusual circumstances related to a specific piece of property, strict application or enforcement of this ordinance would cause an undue or unnecessary hardship;
B. The variance would not be materially detrimental to the purposes of this ordinance, or to property in the zone or vicinity in which the property is located, or otherwise conflict with the objectives of any comprehensive plan or policy; and
C. The variance would not create a hazard to air navigation.
In granting a variance, the jurisdiction may attach conditions which it finds necessary to protect the best interests of the surrounding property, the airport, or otherwise achieve the purposes of this chapter.
An appeal of any decision related to a variance shall follow the appropriate jurisdiction’s appeal procedures and the concurrence procedures as outlined in the 1981 McMinnville Urban Growth Boundary Management Agreement. (Ord. 4512 §1 (part), 1992).