The Planning Commission may authorize variances from the requirements of this Title where it can be shown that, owing to special and unusual circumstances related to a specific lot, strict application of the ordinance provisions would cause an undue or unnecessary hardship. In granting a variance, the Planning Commission may attach conditions that it finds necessary to protect the interest of the surrounding property or vicinity and otherwise achieve the purposes of this Title. The variance provisions of this Chapter are intended to provide specific relief from dimensional standards of this Title, such as building setbacks. A variance shall not be granted for a change in the allowed land uses of any zoning district. Final action on applications which are filed in complete form shall be taken within one hundred twenty (120) days in accord with the provisions and exceptions of ORS 215.428. (Ord. 86, 12-7-1993)

A variance may be granted only in the event that the circumstances in subsections A through D below have clearly been met.

   A.   Exceptional or extraordinary circumstances apply to the property that do not generally apply to other properties in the same zone or vicinity, resulting from lot size or shape, topography or other circumstances over which the owners of property since enactment of this Title have had no control; or

   B.   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 possess; and

   C.   The variance would not be materially detrimental to the purpose of this Title, or to property in the same zone or vicinity in which the property is located, or otherwise conflict with the objectives of any County plan or policy; and

   D.   The variance requested is the minimum variance that would alleviate the hardship. (Ord. 86, 12-7-1993)

The procedure for applying for a variance shall be as follows:

   A.   The property owner shall file an application with the Planning Department, using forms prescribed pursuant to Section 6-9-5 of this Title.

   B.   The applicant shall make payment of a filing fee as prescribed pursuant to subsection 6-9-5B of this Title.

   C.   The variance application shall be filed no less than thirty (30) days prior to the next regularly scheduled meeting of the Planning Commission 1 .

   D.   Before the Planning Commission may act on a variance request, it shall hold a public hearing thereon.

   E.   Within ten (10) working days after a decision has been made on a variance request, the Planning Department shall provide the applicant with written notice of the Planning Commission's decision. (Ord. 86, 12-7-1993)

Authorization of a variance shall be void after one year or such lesser time as the authorization may specify unless substantial construction pursuant thereto has taken place. However, the Planning Commission may extend authorization for an additional period not to exceed one year, on request or on its own motion, without the necessity of following any formal procedures as set out in this Chapter and in Chapter 10 of this Title. (Ord. 86, 12-7-1993)