Oregon Notice of Hearing for Variance Before Board of Zoning Appeals - Notice to be Sent by Applicant to Interested Property Owners

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Description

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 of a notice from an applicant who is appealing a decision of a zoning board of a municipality to a higher administrative agency. This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.

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FAQ

As defined by state law, an ?area variance? is ?the authorization by the zoning board of appeals for the use of land in a manner which is not allowed by the dimensional or physical requirements of the applicable zoning regulations.?2 In contrast, the more elusive use variance is defined as ?[t]he authorization by the ...

The legislative body of each city (the city council) and each county (the board of supervisors) adopts zoning, subdivision and other ordinances to regulate land uses and to carry out the policies of its general plan.

Answer: LUBA was established by the Oregon State Legislature in 1979. LUBA hears and rules on appeals of land use decisions made by local governments and special districts.

In the November 1998 general election, Oregon voters approved Ballot Measure 56 (BM56). The measure requires cities and counties to send notice to affected property owners when the city or county makes a change in the zoning of their property.

This is the primary function and purpose of a zoning board of appeals in zoning administration, and encompasses the power (if an appeal is properly taken to the board) to interpret the zoning ordinance or local law and to grant variances.

LUBA's mission is to provide a specialized appellate review body that will (1) provide an accessible forum for resolving land use disputes quickly and efficiently and (2) make its decisions available as a decision-making resource to state and local legislators, land use professionals, city and county land use decision ...

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Oregon Notice of Hearing for Variance Before Board of Zoning Appeals - Notice to be Sent by Applicant to Interested Property Owners