Land Use & Zoning
What is a 'variance' in Oregon zoning law and what standard must be met?
AA permanent change to the zoning code
BRelief from specific zoning requirements when strict application would cause undue hardship unique to the property, not shared by other properties in the zone✓ Correct
CA temporary permit allowing prohibited uses
DAn automatic approval for adjacent landowners to exceed setback requirements
Explanation
A variance in Oregon allows deviation from specific development standards (setbacks, height limits, lot coverage) when strict application creates undue hardship unique to the particular property — not a hardship shared by all properties in the zone. The hardship must be due to the property's physical characteristics, not the owner's personal circumstances or desire for additional profit.
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Key Terms to Know
Variance
Official 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.
ZoningLocal government regulations that control land use by dividing areas into zones specifying permitted uses, building sizes, and densities.
Eminent DomainThe power of government to take private property for public use, with the requirement to pay the owner just compensation.
Adverse PossessionA doctrine by which a person can gain legal title to another's land by openly, continuously, and adversely occupying it for a statutory period.
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