Zoning is a government-imposed restrictions on the use that may be made of land.
For example, a municipality may adopt a zoning ordinance that permits the construction of only single-family houses in a designated portion of the city. Zoning is used to plan future community growth and to ensure reasonable, orderly development. A variance is an exception granted by an administrative agency such as a zoning board that permits a use of property that is inconsistent with an existing zoning ordinance.
This form is a generic example that may be referred to when preparing such a form for your particular community. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.
Oregon Application to a Zoning Board for Variance From Zoning Restriction In the state of Oregon, property owners who wish to obtain a variance from zoning restrictions can do so by submitting an application to the local Zoning Board. This process allows property owners to request an exception to certain zoning regulations in order to accommodate unique circumstances or specific needs. To begin the application process, property owners must carefully review the local zoning regulations and identify the specific zoning restrictions that they seek to deviate from. It is important to ensure that the requested variance aligns with the overall goals and objectives of the zoning ordinance, as the Zoning Board will assess the application based on its merits and the potential impact on the surrounding community. When preparing an Oregon application to a Zoning Board for a variance from zoning restriction, it is crucial to provide a detailed description of the proposed project or modification, along with comprehensive information about the reasons for seeking the variance. This detailed description should include: 1. Background and Context: Clearly explain the purpose of the project or modification, providing relevant details about the property, its location, and any relevant historical or environmental factors. 2. Zoning Regulations and Restrictions: Identify the specific zoning regulation that requires the variance, explaining how it hinders the property owner's reasonable use of the land or structure. It is essential to demonstrate a thorough understanding of the zoning ordinance and its implications. 3. Justification for Variance: Articulate the unique circumstances or practical difficulties that warrant the need for the variance. This may include factors such as topography, lot shape or size, soil conditions, or any other limitations that make strict adherence to the zoning regulation impractical. 4. Impact Analysis: Assess the potential impact of granting the requested variance on the surrounding neighborhood and community. This includes evaluating any potential concerns related to traffic, noise, structural integrity, aesthetics, or any other relevant factors. Addressing these concerns preemptively will strengthen the application. 5. Mitigation Measures: Propose appropriate mitigation measures or alternatives that would help lessen or eliminate any potential negative impacts associated with the variance. These may include landscaping plans, buffer zones, architectural design changes, or any other strategies aimed at reducing the potential adverse effects. 6. Supporting Documentation: Include any necessary drawings, plans, or other supporting documents that illustrate the proposed project or modification. These materials will help the Zoning Board better understand the requested variance and its potential implications. 7. Professional Expertise: If applicable, involve professionals such as architects, engineers, or environmental consultants to provide expert opinions or analysis supporting the variance request. Their expertise can lend credibility and enhance the application's chances of approval. Types of Oregon Applications to a Zoning Board for Variance From Zoning Restriction: It's important to note that while the general process is standard for variance requests, the specific types or categories of variances may vary depending on local zoning ordinances and regulations in Oregon. Common types of variance applications include: 1. Use Variance: Requests permission for a property owner to use their land or structure in a manner not permitted by existing zoning regulations. 2. Area or Dimensional Variance: Seeks relief from zoning regulations pertaining to lot size, height restrictions, setbacks, or other physical dimensions. 3. Special Exception Variance: Applies for permission to use a property for a specific purpose allowed under the zoning regulations, but subject to additional conditions or review. 4. Density Variance: Requests a deviation from maximum density requirements, particularly in cases where land availability or environmental concerns affect development feasibility. By crafting a comprehensive and well-presented application to a Zoning Board for a variance from zoning restrictions in Oregon, property owners can effectively communicate their proposed modifications and increase their chances of obtaining the necessary approvals to move forward with their plans.
