Oregon Statutes - Chapter 568 - Soil and Water Conservation; Water Quality Management - Section 568.770 - Petition for relief from regulations; hearing; procedure; board may order variance of regulations; appeal.

(1) Any landowner or occupier may file a petition with the chairperson of the board of adjustment alleging that there are great practical difficulties or unnecessary hardship in the way of the landowner or occupier carrying out upon the lands of the owner or occupier the strict letter of the land-use regulations prescribed by an ordinance that applies to the lands and asking relief therefrom. Copies of such petition shall be served by the petitioner upon the chairperson of the directors of the district within which the lands of the petitioner are located and upon the State Department of Agriculture.

(2) The board of adjustment shall fix a time for the hearing of the petition and cause due notice of such hearing to be given. The directors of the district and the department shall have the right to appear and be heard at such hearing. Any owner or occupier of lands to which the same ordinance applies who objects to the authorizing of the variance prayed for may intervene and become a party to the proceedings. Any party to the hearing before the board may appear in person, by agent or by attorney. If, upon the facts presented at such hearing, the board determines that there are great practical difficulties or unnecessary hardship in the way of applying the strict letter of any of the land-use regulations upon the lands of the petitioner, it shall make and record such determination and shall make and record findings of fact in reference thereto.

(3) Upon the basis of such findings and determination, the board shall have power by order to authorize such variance from the terms of the land-use regulations in their application to the lands of the petitioner, and such order shall be in accordance with substantial justice.

(4) Any petitioner aggrieved by an order of the board granting or denying in whole or in part the relief sought, or any intervening party, may appeal to the circuit court of the county in which the lands of the petitioner lie. [Amended by 1959 c.48 §7; 1981 c.92 §39]

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Last modified: August 7, 2008