The Planning Director or Hearings Body may authorize area or use variance from the requirements of DCC Title 18. Application for a variance shall be made by petition stating fully the grounds of the application and the facts relied upon by the petitioner.

A variance may be granted unqualifiedly or may be granted subject to prescribed conditions, provided that the Planning Director or Hearings Body shall make all of the following findings:

1. Onsite Requirements Variance.
   1. That the literal application of the ordinance would create practical difficulties resulting in greater private expense than public benefit.
   2. That the condition creating the difficulty is not general throughout the surrounding area but is unique to the applicant's site.
   3. That the condition was not created by the applicant. A self-created difficulty will be found if the applicant knew or should have known of the restriction at the time the site was purchased.
   4. That the variance conforms to the Comprehensive Plan and the intent of the ordinance being varied.
2. Use variance.
   1. That the literal application of the ordinance would result in unnecessary hardship to the applicant. An unnecessary hardship will be found when the site cannot be put to any beneficial use under the terms of the applicable ordinance.
   2. Each of the findings listed in DCC 18.132.020(A)(1), (2), and (4).
3. Statutory Provisions.
   1. Notwithstanding the provisions of this section, a variance may not be granted which amends any standards mandated by the Oregon Revised Statues (ORS) or Oregon Administrative Rules (OAR).
      
4. Property Line Adjustments
   1. Property line adjustments are not eligible for variance. No variance is required for property line adjustments that are compliant with ORS 92.192.

A variance seeking to depart from on-site requirements of DCC Title 18, such as setbacks and area requirements, by no greater than 10 percent of the required distance or area may be granted by the Planning Director or Hearings Body in conformance with DCC 18.132.025.

1. In the case of a setback or lot area variance, the applicant shall show that the approval will result in:
   1. More efficient use of the site;
   2. Preservation of natural features where appropriate;
   3. Adequate provision of light and privacy to abutting properties; and
   4. Preservation of topographic, vegetative and drainage features which would be adversely affected by application of the standards otherwise required by DCC Title 18.
2. Statutory Provisions.
   1. Notwithstanding the provisions of this section, a variance may not be granted which amends any standards mandated by the Oregon Revised Statues (ORS) or Oregon Administrative Rules (OAR).
      
3. Property Line Adjustments.
   1. 1. Property line adjustments are not eligible for variance. No variance is required for property line adjustments that are compliant with ORS 92.192.

In granting or denying a variance, the Planning Director or Hearings Body shall make a written record of his findings and the facts in connection therewith, and shall describe the variance granted and the conditions designated. The Planning Department shall keep the findings on file, and a copy of the variance granted and the condition thereof shall be recorded with the County Clerk.

The variance application shall be processed according to the terms of DCC Title 22, the Uniform Development Procedures Ordinance.