Land Use & Zoning
In Oregon, what is a 'conditional use' and what distinguishes it from a 'permitted use'?
ABoth are identical types of land use approvals
BA permitted use is allowed by right without special approval; a conditional use is allowed only after individual review and approval with conditions✓ Correct
CA conditional use requires a variance; a permitted use does not
DPermitted uses are for residential; conditional uses are for commercial
Explanation
A permitted use (by-right use) is automatically allowed in a zone by virtue of the zoning designation — no special approval needed. A conditional use is a use that the zoning code allows in the zone, but only after individualized review and approval with conditions to mitigate potential impacts.
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Key Terms to Know
Zoning
Local government regulations that control land use by dividing areas into zones specifying permitted uses, building sizes, and densities.
VarianceOfficial permission to use land in a way that does not conform to the applicable zoning ordinance, granted by a zoning board when strict enforcement would cause undue hardship.
EasementA non-possessory right to use another person's land for a specific purpose.
Transfer TaxA tax imposed by state or local governments when real property ownership is transferred, typically based on the sale price.
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