Oregon 30-Hour Real Estate Law Practice Test

What is the primary purpose of a use variance?

1. To allow exceptions for aesthetic improvements

2. To prevent economic loss of the property

3. To increase property taxes

4. To manage noise levels in the area

The correct answer is: To prevent economic loss of the property

The primary purpose of a use variance is to prevent economic loss of the property. A use variance is a form of relief that allows a property owner to use their property in a manner that is not typically permitted by the zoning regulations applicable to that area. This is particularly important because strict zoning laws can sometimes limit the potential use of a property, potentially leading to financial hardship for the owner. By granting a use variance, local governments aim to allow for more flexibility in property use while still maintaining the overall integrity of zoning laws. Other options, while they may appear plausible in some contexts, do not align with the primary function of a use variance. For example, aesthetic improvements may be addressed through different types of regulations or permits, but a use variance specifically deals with the use of land rather than aesthetics. Similarly, while property taxes are a consideration for property owners, they are not a direct result of obtaining a use variance; the primary concern is the compatibility of the property’s use with local zoning laws. Managing noise levels is also typically governed by separate ordinances, not through the vehicle of a use variance; it focuses on land use rather than specific environmental concerns.