Oregon 30-Hour Real Estate Law Practice Test

What permits Blake to use his property in a manner against current zoning ordinances due to undue hardship?

1. Conditional use

2. Variance

3. Exemption

4. Right of use

The correct answer is: Variance

A variance permits Blake to use his property in a manner that deviates from existing zoning ordinances due to undue hardship. Zoning laws are established to promote order and compatibility in land use; however, there may be unique circumstances where strict adherence to these laws would cause unreasonable hardship to an individual property owner. When Blake applies for a variance, he typically needs to demonstrate that the strict application of the zoning ordinance would result in a significant hardship for him, and that granting the variance would not negatively impact the surrounding community. This mechanism allows for some flexibility within zoning regulations, recognizing that not every property's characteristics or situational context will align neatly with blanket zoning rules. In contrast, a conditional use refers to specific permissions granted for uses that are not typically allowed under the zoning regulations, but that can be accommodated through a special permit process. An exemption would mean being entirely outside of the zoning regulations, which does not align with the concept of operating against them. The term "right of use" is not standard within zoning law and does not effectively capture the nuanced permission that a variance provides. Thus, a variance is the appropriate legal remedy for Blake's situation.