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| Home > Statutes > Usa Oregon |
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USA Statutes : oregon
Title : TITLE 20 COUNTIES AND COUNTY OFFICERS
Chapter : Chapter 227 City Planning and Zoning
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As used in ORS
227.030 to 227.300, “council” means a representative legislative body.
[Amended by 1975 c.767 §1] (1) A city may
create a planning commission for the city and provide for its
organization and operations.
(2) This section shall be liberally construed and shall include the
authority to create a joint planning commission and to utilize an
intergovernmental agency for planning as authorized by ORS 190.003 to
190.130. [Amended by 1973 c.739 §1; 1975 c.767 §2] (1) Not more than two members of a city
planning commission may be city officers, who shall serve as ex officio
nonvoting members.
(2) A member of such a commission may be removed by the appointing
authority, after hearing, for misconduct or nonperformance of duty.
(3) Any vacancy in such a commission shall be filled by the
appointing authority for the unexpired term of the predecessor in the
office.
(4) No more than two voting members of the commission may engage
principally in the buying, selling or developing of real estate for
profit as individuals, or be members of any partnership, or officers or
employees of any corporation, that engages principally in the buying,
selling or developing of real estate for profit. No more than two members
shall be engaged in the same kind of occupation, business, trade or
profession. [Amended by 1969 c.430 §1; 1973 c.739 §2; 1975 c.767 §3] (1) Except as otherwise
provided by the city council, a city planning commission may:
(a) Recommend and make suggestions to the council and to other
public authorities concerning:
(A) The laying out, widening, extending and locating of public
thoroughfares, parking of vehicles, relief of traffic congestion;
(B) Betterment of housing and sanitation conditions;
(C) Establishment of districts for limiting the use, height, area,
bulk and other characteristics of buildings and structures related to
land development;
(D) Protection and assurance of access to incident solar radiation;
and
(E) Protection and assurance of access to wind for potential future
electrical generation or mechanical application.
(b) Recommend to the council and other public authorities plans for
regulating the future growth, development and beautification of the city
in respect to its public and private buildings and works, streets, parks,
grounds and vacant lots, and plans consistent with future growth and
development of the city in order to secure to the city and its
inhabitants sanitation, proper service of public utilities and
telecommunications utilities, including appropriate public incentives for
overall energy conservation and harbor, shipping and transportation
facilities.
(c) Recommend to the council and other public authorities plans for
promotion, development and regulation of industrial and economic needs of
the community in respect to industrial pursuits.
(d) Advertise the industrial advantages and opportunities of the
city and availability of real estate within the city for industrial
settlement.
(e) Encourage industrial settlement within the city.
(f) Make economic surveys of present and potential industrial needs
of the city.
(g) Study needs of local industries with a view to strengthening
and developing them and stabilizing employment conditions.
(h) Do and perform all other acts and things necessary or proper to
carry out the provisions of ORS 227.010 to 227.170, 227.175 and 227.180.
(i) Study and propose such measures as are advisable for promotion
of the public interest, health, morals, safety, comfort, convenience and
welfare of the city and of the area within six miles thereof.
(2) For the purposes of this section:
(a) “Incident solar radiation” means solar energy falling upon a
given surface area.
(b) “Wind” means the natural movement of air at an annual average
speed measured at a height of 10 meters of at least eight miles per hour.
[Amended by 1975 c.153 §3; 1975 c.767 §4; 1979 c.671 §3; 1981 c.590 §8;
1987 c.447 §118] As used in ORS
227.100 and 227.110, “subdivision” and “plat” have the meanings given
those terms in ORS 92.010. [1955 c.756 §28]All subdivision
plats located within the city limits, and all plans or plats for vacating
or laying out, widening, extending, parking and locating streets or plans
for public buildings shall first be submitted to the commission by the
city engineer or other proper municipal officer, and a report thereon
from the commission secured in writing before approval is given by the
proper municipal official. [Amended by 1955 c.756 §26](1) All subdivision plats and all plats or deeds
dedicating land to public use in that portion of a county within six
miles outside the limits of any city shall first be submitted to the city
planning commission or, if no such commission exists, to the city
engineer of the city and approved by the commission or engineer before
they shall be recorded. However, unless otherwise provided in an urban
growth area management agreement jointly adopted by a city and county to
establish procedures for regulating land use outside the city limits and
within an urban growth boundary acknowledged under ORS 197.251, if the
county governing body has adopted ordinances or regulations for
subdivisions and partitions under ORS 92.044, land within the six-mile
limit shall be under the jurisdiction of the county for those purposes.
(2) It shall be unlawful to receive or record such plat or replat
or deed in any public office unless the same bears thereon the approval,
by indorsement, of such commission or city engineer. However, the
indorsement of the commission or city engineer of the city with
boundaries nearest the land such document affects shall satisfy the
requirements of this section in case the boundaries of more than one city
are within six miles of the property so mapped or described. If the
governing bodies of such cities mutually agree upon a boundary line
establishing the limits of the jurisdiction of the cities other than the
line equidistant between the cities and file the agreement with the
recording officer of the county containing such boundary line, the
boundary line mutually agreed upon shall become the limit of the
jurisdiction of each city until superseded by a new agreement between the
cities or until one of the cities files with such recording officer a
written notification stating that the agreement shall no longer apply.
[Amended by 1955 c.756 §27; 1983 c.570 §5; 1991 c.763 §25] Within six
miles of the limits of any city, the commission, if there is one, or if
no such commission legally exists, then the city engineer, shall
recommend to the city council the renaming of any existing street,
highway or road, other than a county road or state highway, if in the
judgment of the commission, or if no such commission legally exists, then
in the judgment of the city engineer, such renaming is in the best
interest of the city and the six mile area. Upon receiving such
recommendation the council shall afford persons particularly interested,
and the general public, an opportunity to be heard, at a time and place
to be specified in a notice of hearing published in a newspaper of
general circulation within the municipality and the six mile area not
less than once within the week prior to the week within which the hearing
is to be held. After such opportunity for hearing has been afforded, the
city council by ordinance shall rename the street or highway in
accordance with the recommendation or by resolution shall reject the
recommendation. A certified copy of each such ordinance shall be filed
for record with the county clerk or recorder, and a like copy shall be
filed with the county assessor and county surveyor. The county surveyor
shall enter the new names of such streets and roads in red ink on the
county surveyor’s copy of any filed plat and tracing thereof which may be
affected, together with appropriate notations concerning the same. The
original plat may not be corrected or changed after it is recorded with
the county clerk. [Amended by 2001 c.173 §4]PLANNING AND ZONING HEARINGS AND REVIEW As used in ORS
227.160 to 227.186:
(1) “Hearings officer” means a planning and zoning hearings officer
appointed or designated by a city council under ORS 227.165.
(2) “Permit” means discretionary approval of a proposed development
of land, under ORS 227.215 or city legislation or regulation. “Permit”
does not include:
(a) A limited land use decision as defined in ORS 197.015;
(b) A decision which determines the appropriate zoning
classification for a particular use by applying criteria or performance
standards defining the uses permitted within the zone, and the
determination applies only to land within an urban growth boundary;
(c) A decision which determines final engineering design,
construction, operation, maintenance, repair or preservation of a
transportation facility which is otherwise authorized by and consistent
with the comprehensive plan and land use regulations; or
(d) An action under ORS 197.360 (1). [1973 c.739 §6; 1975 c.767 §5;
1991 c.817 §8a; 1995 c.595 §13] A
city may appoint one or more planning and zoning hearings officers, to
serve at the pleasure of the appointing authority. Such an officer shall
conduct hearings on applications for such classes of permits and zone
changes as the council designates. [1973 c.739 §7; 1975 c.767 §6] (1) The city council shall
prescribe one or more procedures for the conduct of hearings on permits
and zone changes.
(2) The city council shall prescribe one or more rules stating that
all decisions made by the council on permits and zone changes will be
based on factual information, including adopted comprehensive plans and
land use regulations. [1973 c.739 §8; 1975 c.767 §7; 1997 c.452 §3](1) Approval or
denial of a discretionary permit application shall be based on standards
and criteria, which shall be set forth in the development ordinance and
which shall relate approval or denial of a discretionary permit
application to the development ordinance and to the comprehensive plan
for the area in which the development would occur and to the development
ordinance and comprehensive plan for the city as a whole.
(2) When an ordinance establishing approval standards is required
under ORS 197.307 to provide only clear and objective standards, the
standards must be clear and objective on the face of the ordinance.
(3) Approval or denial of a permit application or expedited land
division shall be based upon and accompanied by a brief statement that
explains the criteria and standards considered relevant to the decision,
states the facts relied upon in rendering the decision and explains the
justification for the decision based on the criteria, standards and facts
set forth.
(4) Written notice of the approval or denial shall be given to all
parties to the proceeding. [1977 c.654 §5; 1979 c.772 §10b; 1991 c.817
§16; 1995 c.595 §29; 1997 c.844 §6; 1999 c.357 §3](1) When
required or authorized by a city, an owner of land may apply in writing
to the hearings officer, or such other person as the city council
designates, for a permit or zone change, upon such forms and in such a
manner as the city council prescribes. The governing body shall establish
fees charged for processing permits at an amount no more than the actual
or average cost of providing that service.
(2) The governing body of the city shall establish a consolidated
procedure by which an applicant may apply at one time for all permits or
zone changes needed for a development project. The consolidated procedure
shall be subject to the time limitations set out in ORS 227.178. The
consolidated procedure shall be available for use at the option of the
applicant no later than the time of the first periodic review of the
comprehensive plan and land use regulations.
(3) Except as provided in subsection (10) of this section, the
hearings officer shall hold at least one public hearing on the
application.
(4) The application shall not be approved unless the proposed
development of land would be in compliance with the comprehensive plan
for the city and other applicable land use regulation or ordinance
provisions. The approval may include such conditions as are authorized by
ORS 227.215 or any city legislation.
(5) Hearings under this section may be held only after notice to
the applicant and other interested persons and shall otherwise be
conducted in conformance with the provisions of ORS 197.763.
(6) Notice of a public hearing on a zone use application shall be
provided to the owner of an airport, defined by the Oregon Department of
Aviation as a “public use airport” if:
(a) The name and address of the airport owner has been provided by
the Oregon Department of Aviation to the city planning authority; and
(b) The property subject to the zone use hearing is:
(A) Within 5,000 feet of the side or end of a runway of an airport
determined by the Oregon Department of Aviation to be a “visual airport”;
or
(B) Within 10,000 feet of the side or end of the runway of an
airport determined by the Oregon Department of Aviation to be an
“instrument airport.”
(7) Notwithstanding the provisions of subsection (6) of this
section, notice of a zone use hearing need only be provided as set forth
in subsection (6) of this section if the permit or zone change would only
allow a structure less than 35 feet in height and the property is located
outside of the runway “approach surface” as defined by the Oregon
Department of Aviation.
(8) If an application would change the zone of property that
includes all or part of a mobile home or manufactured dwelling park as
defined in ORS 446.003, the governing body shall give written notice by
first class mail to each existing mailing address for tenants of the
mobile home or manufactured dwelling park at least 20 days but not more
than 40 days before the date of the first hearing on the application. The
governing body may require an applicant for such a zone change to pay the
costs of such notice.
(9) The failure of a tenant or an airport owner to receive a notice
which was mailed shall not invalidate any zone change.
(10)(a)(A) The hearings officer or such other person as the
governing body designates may approve or deny an application for a permit
without a hearing if the hearings officer or other designated person
gives notice of the decision and provides an opportunity for any person
who is adversely affected or aggrieved, or who is entitled to notice
under paragraph (c) of this subsection, to file an appeal.
(B) Written notice of the decision shall be mailed to those persons
described in paragraph (c) of this subsection.
(C) Notice under this subsection shall comply with ORS 197.763
(3)(a), (c), (g) and (h) and shall describe the nature of the decision.
In addition, the notice shall state that any person who is adversely
affected or aggrieved or who is entitled to written notice under
paragraph (c) of this subsection may appeal the decision by filing a
written appeal in the manner and within the time period provided in the
city’s land use regulations. A city may not establish an appeal period
that is less than 12 days from the date the written notice of decision
required by this subsection was mailed. The notice shall state that the
decision will not become final until the period for filing a local appeal
has expired. The notice also shall state that a person who is mailed
written notice of the decision cannot appeal the decision directly to the
Land Use Board of Appeals under ORS 197.830.
(D) An appeal from a hearings officer’s decision made without
hearing under this subsection shall be to the planning commission or
governing body of the city. An appeal from such other person as the
governing body designates shall be to a hearings officer, the planning
commission or the governing body. In either case, the appeal shall be to
a de novo hearing.
(E) The de novo hearing required by subparagraph (D) of this
paragraph shall be the initial evidentiary hearing required under ORS
197.763 as the basis for an appeal to the Land Use Board of Appeals. At
the de novo hearing:
(i) The applicant and other parties shall have the same opportunity
to present testimony, arguments and evidence as they would have had in a
hearing under subsection (3) of this section before the decision;
(ii) The presentation of testimony, arguments and evidence shall
not be limited to issues raised in a notice of appeal; and
(iii) The decision maker shall consider all relevant testimony,
arguments and evidence that are accepted at the hearing.
(b) If a local government provides only a notice of the opportunity
to request a hearing, the local government may charge a fee for the
initial hearing. The maximum fee for an initial hearing shall be the cost
to the local government of preparing for and conducting the appeal, or
$250, whichever is less. If an appellant prevails at the hearing or upon
subsequent appeal, the fee for the initial hearing shall be refunded. The
fee allowed in this paragraph shall not apply to appeals made by
neighborhood or community organizations recognized by the governing body
and whose boundaries include the site.
(c)(A) Notice of a decision under paragraph (a) of this subsection
shall be provided to the applicant and to the owners of record of
property on the most recent property tax assessment roll where such
property is located:
(i) Within 100 feet of the property that is the subject of the
notice when the subject property is wholly or in part within an urban
growth boundary;
(ii) Within 250 feet of the property that is the subject of the
notice when the subject property is outside an urban growth boundary and
not within a farm or forest zone; or
(iii) Within 750 feet of the property that is the subject of the
notice when the subject property is within a farm or forest zone.
(B) Notice shall also be provided to any neighborhood or community
organization recognized by the governing body and whose boundaries
include the site.
(C) At the discretion of the applicant, the local government also
shall provide notice to the Department of Land Conservation and
Development.
(11) A decision described in ORS 227.160 (2)(b) shall:
(a) Be entered in a registry available to the public setting forth:
(A) The street address or other easily understood geographic
reference to the subject property;
(B) The date of the decision; and
(C) A description of the decision made.
(b) Be subject to the jurisdiction of the Land Use Board of Appeals
in the same manner as a limited land use decision.
(c) Be subject to the appeal period described in ORS 197.830 (5)(b).
(12) At the option of the applicant, the local government shall
provide notice of the decision described in ORS 227.160 (2)(b) in the
manner required by ORS 197.763 (2), in which case an appeal to the board
shall be filed within 21 days of the decision. The notice shall include
an explanation of appeal rights.
(13) Notwithstanding other requirements of this section, limited
land use decisions shall be subject to the requirements set forth in ORS
197.195 and 197.828. [1973 c.739 §§9,10; 1975 c.767 §8; 1983 c.827 §24;
1985 c.473 §15; 1987 c.106 §3; 1987 c.729 §18; 1989 c.648 §63; 1991 c.612
§21; 1991 c.817 §6; 1995 c.692 §2; 1997 c.844 §5; 1999 c.621 §2; 1999
c.935 §24; 2001 c.397 §2](1) Except as provided in
subsections (3) and (5) of this section, the governing body of a city or
its designee shall take final action on an application for a permit,
limited land use decision or zone change, including resolution of all
appeals under ORS 227.180, within 120 days after the application is
deemed complete.
(2) If an application for a permit, limited land use decision or
zone change is incomplete, the governing body or its designee shall
notify the applicant in writing of exactly what information is missing
within 30 days of receipt of the application and allow the applicant to
submit the missing information. The application shall be deemed complete
for the purpose of subsection (1) of this section upon receipt by the
governing body or its designee of:
(a) All of the missing information;
(b) Some of the missing information and written notice from the
applicant that no other information will be provided; or
(c) Written notice from the applicant that none of the missing
information will be provided.
(3)(a) If the application was complete when first submitted or the
applicant submits the requested additional information within 180 days of
the date the application was first submitted and the city has a
comprehensive plan and land use regulations acknowledged under ORS
197.251, approval or denial of the application shall be based upon the
standards and criteria that were applicable at the time the application
was first submitted.
(b) If the application is for industrial or traded sector
development of a site identified under section 12, chapter 800, Oregon
Laws 2003, and proposes an amendment to the comprehensive plan, approval
or denial of the application must be based upon the standards and
criteria that were applicable at the time the application was first
submitted, provided the application complies with paragraph (a) of this
subsection.
(4) On the 181st day after first being submitted, the application
is void if the applicant has been notified of the missing information as
required under subsection (2) of this section and has not submitted:
(a) All of the missing information;
(b) Some of the missing information and written notice that no
other information will be provided; or
(c) Written notice that none of the missing information will be
provided.
(5) The 120-day period set in subsection (1) of this section may be
extended for a specified period of time at the written request of the
applicant. The total of all extensions may not exceed 245 days.
(6) The 120-day period set in subsection (1) of this section
applies:
(a) Only to decisions wholly within the authority and control of
the governing body of the city; and
(b) Unless the parties have agreed to mediation as described in ORS
197.319 (2)(b).
(7) Notwithstanding subsection (6) of this section, the 120-day
period set in subsection (1) of this section does not apply to an
amendment to an acknowledged comprehensive plan or land use regulation or
adoption of a new land use regulation that was forwarded to the Director
of the Department of Land Conservation and Development under ORS 197.610
(1).
(8) Except when an applicant requests an extension under subsection
(5) of this section, if the governing body of the city or its designee
does not take final action on an application for a permit, limited land
use decision or zone change within 120 days after the application is
deemed complete, the city shall refund to the applicant, subject to the
provisions of subsection (9) of this section, either the unexpended
portion of any application fees or deposits previously paid or 50 percent
of the total amount of such fees or deposits, whichever is greater. The
applicant is not liable for additional governmental fees incurred
subsequent to the payment of such fees or deposits. However, the
applicant is responsible for the costs of providing sufficient additional
information to address relevant issues identified in the consideration of
the application.
(9)(a) To obtain a refund under subsection (8) of this section, the
applicant may either:
(A) Submit a written request for payment, either by mail or in
person, to the city or its designee; or
(B) Include the amount claimed in a mandamus petition filed under
ORS 227.179. The court shall award an amount owed under this section in
its final order on the petition.
(b) Within seven calendar days of receiving a request for a refund,
the city or its designee shall determine the amount of any refund owed.
Payment, or notice that no payment is due, shall be made to the applicant
within 30 calendar days of receiving the request. Any amount due and not
paid within 30 calendar days of receipt of the request shall be subject
to interest charges at the rate of one percent per month, or a portion
thereof.
(c) If payment due under paragraph (b) of this subsection is not
paid within 120 days after the city or its designee receives the refund
request, the applicant may file an action for recovery of the unpaid
refund. In an action brought by a person under this paragraph, the court
shall award to a prevailing applicant, in addition to the relief provided
in this section, reasonable attorney fees and costs at trial and on
appeal. If the city or its designee prevails, the court shall award
reasonable attorney fees and costs at trial and on appeal if the court
finds the petition to be frivolous.
(10) A city may not compel an applicant to waive the 120-day period
set in subsection (1) of this section or to waive the provisions of
subsection (8) of this section or ORS 227.179 as a condition for taking
any action on an application for a permit, limited land use decision or
zone change except when such applications are filed concurrently and
considered jointly with a plan amendment. [1983 c.827 §27; 1989 c.761
§16; 1991 c.817 §15; 1995 c.812 §3; 1997 c.844 §8; 1999 c.533 §8; 2003
c.150 §1; 2003 c.800 §31](1) Except when an applicant requests an extension
under ORS 227.178 (5), if the governing body of a city or its designee
does not take final action on an application for a permit, limited land
use decision or zone change within 120 days after the application is
deemed complete, the applicant may file a petition for a writ of mandamus
under ORS 34.130 in the circuit court of the county where the application
was submitted to compel the governing body or its designee to issue the
approval.
(2) The governing body shall retain jurisdiction to make a land use
decision on the application until a petition for a writ of mandamus is
filed. Upon filing a petition under ORS 34.130, jurisdiction for all
decisions regarding the application, including settlement, shall be with
the circuit court.
(3) A person who files a petition for a writ of mandamus under this
section shall provide written notice of the filing to all persons who
would be entitled to notice under ORS 197.763 and to any person who
participated orally or in writing in any evidentiary hearing on the
application held prior to the filing of the petition. The notice shall be
mailed or hand delivered on the same day the petition is filed.
(4) If the governing body does not take final action on an
application within 120 days of the date the application is deemed
complete, the applicant may elect to proceed with the application
according to the applicable provisions of the local comprehensive plan
and land use regulations or to file a petition for a writ of mandamus
under this section. If the applicant elects to proceed according to the
local plan and regulations, the applicant may not file a petition for a
writ of mandamus within 14 days after the governing body makes a
preliminary decision, provided a final written decision is issued within
14 days of the preliminary decision.
(5) The court shall issue a peremptory writ unless the governing
body or any intervenor shows that the approval would violate a
substantive provision of the local comprehensive plan or land use
regulations as those terms are defined in ORS 197.015. The writ may
specify conditions of approval that would otherwise be allowed by the
local comprehensive plan or land use regulations. [1999 c.533 §10; 2003
c.150 §2] (1)(a) A
party aggrieved by the action of a hearings officer may appeal the action
to the planning commission or council of the city, or both, however the
council prescribes. The appellate authority on its own motion may review
the action. The procedure for such an appeal or review shall be
prescribed by the council, but shall:
(A) Not require that the appeal be filed within less than seven
days after the date the governing body mails or delivers the decision of
the hearings officer to the parties;
(B) Require a hearing at least for argument; and
(C) Require that upon appeal or review the appellate authority
consider the record of the hearings officer’s action. That record need
not set forth evidence verbatim.
(b) Notwithstanding paragraph (a) of this subsection, the council
may provide that the decision of a hearings officer or other
decision-making authority in a proceeding for a discretionary permit or
zone change is the final determination of the city.
(c) The governing body may prescribe, by ordinance or regulation,
fees to defray the costs incurred in acting upon an appeal from a
hearings officer, planning commission or other designated person. The
amount of the fee shall be reasonable and shall be no more than the
average cost of such appeals or the actual cost of the appeal, excluding
the cost of preparation of a written transcript. The governing body may
establish a fee for the preparation of a written transcript. The fee
shall be reasonable and shall not exceed the actual cost of preparing the
transcript up to $500. In lieu of a transcript prepared by the governing
body and the fee therefor, the governing body shall allow any party to an
appeal proceeding held on the record to prepare a transcript of relevant
portions of the proceedings conducted at a lower level at the party’s own
expense. If an appellant prevails at a hearing or on appeal, the
transcript fee shall be refunded.
(2) A party aggrieved by the final determination in a proceeding
for a discretionary permit or zone change may have the determination
reviewed under ORS 197.830 to 197.845.
(3) No decision or action of a planning commission or city
governing body shall be invalid due to ex parte contact or bias resulting
from ex parte contact with a member of the decision-making body, if the
member of the decision-making body receiving the contact:
(a) Places on the record the substance of any written or oral ex
parte communications concerning the decision or action; and
(b) Has a public announcement of the content of the communication
and of the parties’ right to rebut the substance of the communication
made at the first hearing following the communication where action will
be considered or taken on the subject to which the communication related.
(4) A communication between city staff and the planning commission
or governing body shall not be considered an ex parte contact for the
purposes of subsection (3) of this section.
(5) Subsection (3) of this section does not apply to ex parte
contact with a hearings officer. [1973 c.739 §§11,12; 1975 c.767 §9; 1979
c.772 §12; 1981 c.748 §43; 1983 c.656 §2; 1983 c.827 §25; 1991 c.817 §12](1) Pursuant to a final order of the Land Use Board of
Appeals under ORS 197.830 remanding a decision to a city, the governing
body of the city or its designee shall take final action on an
application for a permit, limited land use decision or zone change within
90 days of the effective date of the final order issued by the board. For
purposes of this subsection, the effective date of the final order is the
last day for filing a petition for judicial review of a final order of
the board under ORS 197.850 (3). If judicial review of a final order of
the board is sought under ORS 197.830, the 90-day period established
under this subsection shall not begin until final resolution of the
judicial review.
(2)(a) In addition to the requirements of subsection (1) of this
section, the 90-day period established under subsection (1) of this
section shall not begin until the applicant requests in writing that the
city proceed with the application on remand.
(b) The 90-day period may be extended for a reasonable period of
time at the request of the applicant.
(3) The 90-day period established under subsection (1) of this
section applies only to decisions wholly within the authority and control
of the governing body of the city.
(4) Subsection (1) of this section does not apply to a remand
proceeding concerning an amendment to an acknowledged comprehensive plan
or land use regulation or the adoption of a new land use regulation that
was forwarded to the Director of the Department of Land Conservation and
Development under ORS 197.610. [1999 c.545 §5](1) If
the governing body of a city or its designee fails to take final action
on an application for a permit, limited land use decision or zone change
within 90 days as provided in ORS 227.181, the applicant may file a
petition for a writ of mandamus as provided in ORS 34.105 to 34.240. The
court shall set the matter for trial as soon as practicable but not more
than 15 days from the date a responsive pleading pursuant to ORS 34.170
is filed, unless the court has been advised by the parties that the
matter has been settled.
(2) A writ of mandamus issued under this section shall order the
governing body of the city or its designee to make a final determination
on the application. The court, in its discretion, may order such remedy
as the court determines appropriate.
(3) In a mandamus proceeding under this section the court shall
award court costs and attorney fees to an applicant who prevails on a
petition under this section. [1999 c.545 §6](1) A person whose application
for a permit is denied by the governing body of a city or its designee
under ORS 227.178 may submit to the city a supplemental application for
any or all other uses allowed under the city’s comprehensive plan and
land use regulations in the zone that was the subject of the denied
application.
(2) The governing body of a city or its designee shall take final
action on a supplemental application submitted under this section,
including resolution of all appeals, within 240 days after the
application is deemed complete. Except that 240 days shall substitute for
120 days, all other applicable provisions of ORS 227.178 shall apply to a
supplemental application submitted under this section.
(3) A supplemental application submitted under this section shall
include a request for any rezoning or zoning variance that may be
required to issue a permit under the city’s comprehensive plan and land
use regulations.
(4) The governing body of a city or its designee shall adopt
specific findings describing the reasons for approving or denying:
(a) A use for which approval is sought under this section; and
(b) A rezoning or variance requested in the application. [1999
c.648 §4] The governing
body of a city or its designate may allow the establishment of a
transmission tower over 200 feet in height in any zone subject to
reasonable conditions imposed by the governing body or its designate.
[1983 c.827 §27a](1) As used in
this section, “owner” means the owner of the title to real property or
the contract purchaser of real property, of record as shown on the last
available complete tax assessment roll.
(2) All legislative acts relating to comprehensive plans, land use
planning or zoning adopted by a city shall be by ordinance.
(3) Except as provided in subsection (6) of this section, at least
20 days but not more than 40 days before the date of the first hearing on
an ordinance that proposes to amend an existing comprehensive plan or any
element thereof, or to adopt a new comprehensive plan, a city shall cause
a written individual notice of a land use change to be mailed to each
owner whose property would have to be rezoned in order to comply with the
amended or new comprehensive plan if the ordinance becomes effective.
(4) At least 20 days but not more than 40 days before the date of
the first hearing on an ordinance that proposes to rezone property, a
city shall cause a written individual notice of a land use change to be
mailed to the owner of each lot or parcel of property that the ordinance
proposes to rezone.
(5) An additional individual notice of land use change required by
subsection (3) or (4) of this section shall be approved by the city and
shall describe in detail how the proposed ordinance would affect the use
of the property. The notice shall:
(a) Contain substantially the following language in boldfaced type
across the top of the face page extending from the left margin to the
right margin:
___________________________________________________________________________
___
This is to notify you that (city) has proposed a land use
regulation that may affect the permissible uses of your property and
other properties.
___________________________________________________________________________
___
(b) Contain substantially the following language in the body of the
notice:
___________________________________________________________________________
___
On (date of public hearing), (city) will hold a public hearing
regarding the adoption of Ordinance Number_____. The (city) has
determined that adoption of this ordinance may affect the permissible
uses of your property, and other properties in the affected zone, and may
change the value of your property.
Ordinance Number _____ is available for inspection at the ______
City Hall located at________. A copy of Ordinance Number _____ also is
available for purchase at a cost of_____.
For additional information concerning Ordinance Number_____, you
may call the (city) Planning Department at ___-___.
___________________________________________________________________________
___
(6) At least 30 days prior to the adoption or amendment of a
comprehensive plan or land use regulation by a city pursuant to a
requirement of periodic review of the comprehensive plan under ORS
197.628, 197.633 and 197.636, the city shall cause a written individual
notice of the land use change to be mailed to the owner of each lot or
parcel that will be rezoned as a result of the adoption or enactment. The
notice shall describe in detail how the ordinance or plan amendment may
affect the use of the property. The notice also shall:
(a) Contain substantially the following language in boldfaced type
across the top of the face page extending from the left margin to the
right margin:
___________________________________________________________________________
___
This is to notify you that (city) has proposed a land use
regulation that may affect the permissible uses of your property and
other properties.
___________________________________________________________________________
___
(b) Contain substantially the following language in the body of the
notice:
___________________________________________________________________________
___
As a result of an order of the Land Conservation and Development
Commission, (city) has proposed Ordinance Number _____. (City) has
determined that the adoption of this ordinance may affect the permissible
uses of your property, and other properties in the affected zone, and may
change the value of your property.
Ordinance Number _____ will become effective on (date).
Ordinance Number _____ is available for inspection at the _____
City Hall located at_____. A copy of Ordinance Number _____ also is
available for purchase at a cost of_____.
For additional information concerning Ordinance Number_____, you
may call the (city) Planning Department at ___-___.
___________________________________________________________________________
___
(7) Notice provided under this section may be included with the tax
statement required under ORS 311.250.
(8) Notwithstanding subsection (7) of this section, a city may
provide notice of a hearing at any time provided notice is mailed by
first class mail or bulk mail to all persons for whom notice is required
under subsections (3) and (4) of this section.
(9) For purposes of this section, property is rezoned when the city:
(a) Changes the base zoning classification of the property; or
(b) Adopts or amends an ordinance in a manner that limits or
prohibits land uses previously allowed in the affected zone.
(10) The provisions of this section do not apply to legislative
acts of the governing body of the city resulting from action of the
Legislative Assembly or the Land Conservation and Development Commission
for which notice is provided under ORS 197.047 or resulting from an order
of a court of competent jurisdiction.
(11) The governing body of the city is not required to provide more
than one notice under this section to a person who owns more than one lot
or parcel affected by a change to the local comprehensive plan or land
use regulation.
(12) The Department of Land Conservation and Development shall
reimburse a city for all usual and reasonable costs incurred to provide
notice required under subsection (6) of this section. [1999 c.1 §3; 1999
c.348 §11; 2003 c.668 §3]A city shall maintain copies of its comprehensive plan
and land use regulations, as defined in ORS 197.015, for sale to the
public. [1991 c.363 §3]SOLAR ACCESS ORDINANCES (1) City
councils may adopt and implement solar access ordinances. The ordinances
shall provide and protect to the extent feasible solar access to the
south face of buildings during solar heating hours, taking into account
latitude, topography, microclimate, existing development, existing
vegetation and planned uses and densities. The city council shall
consider for inclusion in any solar access ordinance, but not be limited
to, standards for:
(a) The orientation of new streets, lots and parcels;
(b) The placement, height, bulk and orientation of new buildings;
(c) The type and placement of new trees on public street rights of
way and other public property; and
(d) Planned uses and densities to conserve energy, facilitate the
use of solar energy, or both.
(2) The State Department of Energy shall actively encourage and
assist city councils’ efforts to protect and provide for solar access.
(3) As used in this section, “solar heating hours” means those
hours between three hours before and three hours after the sun is at its
highest point above the horizon on December 21. [1981 c.722 §5]
Solar access ordinances shall not be in conflict with acknowledged
comprehensive plans and land use regulations. [1981 c.722 §6]DEVELOPMENT ORDINANCES (1) As
used in this section, “development” means a building or mining operation,
making a material change in the use or appearance of a structure or land,
dividing land into two or more parcels, including partitions and
subdivisions as provided in ORS 92.010 to 92.285, and creating or
terminating a right of access.
(2) A city may plan and otherwise encourage and regulate the
development of land. A city may adopt an ordinance requiring that
whatever land development is undertaken in the city comply with the
requirements of the ordinance and be undertaken only in compliance with
the terms of a development permit.
(3) A development ordinance may provide for:
(a) Development for which a permit is granted as of right on
compliance with the terms of the ordinance;
(b) Development for which a permit is granted discretionarily in
accordance and consistent with the requirements of ORS 227.173;
(c) Development which need not be under a development permit but
shall comply with the ordinance; and
(d) Development which is exempt from the ordinance.
(4) The ordinance may divide the city into districts and apply to
all or part of the city. [1975 c.767 §11 (enacted in lieu of 227.220 to
227.270); 1977 c.654 §3] The council may
provide for enforcement of any legislation established under ORS 227.215.
[Amended by 1975 c.767 §14] City
ordinances regulating the location, construction, maintenance, repair,
alteration, use and occupancy of land and buildings and other structures
shall apply to publicly owned property, except as the ordinances
prescribe to the contrary. [1969 c.460 §3 (enacted in lieu of 227.285);
1975 c.767 §12](1) The council or other governing body of any incorporated
city, under an exercise of its police powers, may establish or alter
building setback lines on private property adjacent to any alley, street,
avenue, boulevard, highway or other public way in such city. It may make
it unlawful and provide a penalty for erecting after said establishment
any building or structure closer to the street line than such setback
line, except as may be expressly provided by ordinance. The council or
body shall pass and put into effect such ordinances as may be needed for
the purpose of providing for a notice to and hearing of persons owning
property affected before establishing any such setback line. Such setback
lines may be established without requiring a cutting off or removal of
buildings existing at the time.
(2) The council may consider, in enacting ordinances governing
building setback lines, the site slope and tree cover of the land with
regard to solar exposure. The council shall not restrict construction
where site slope and tree cover make incident solar energy collection
unfeasible, except an existing solar structure’s sun plane shall not be
substantially impaired.
(3) The council may consider, in enacting ordinances governing
building setback lines and maximum building height, the impact on
available wind resources. The ordinances shall protect an existing wind
energy system’s wind source to the extent feasible.
(4) The powers given in this section shall be so exercised as to
preserve constitutional rights. [Amended by 1979 c.671 §4; 1981 c.590 §9] The
council or other governing body of any incorporated city, under an
exercise of the power of eminent domain, may establish or alter building
setback lines on private property adjacent to any alley, street, avenue,
boulevard, highway, or other public way in such city in cases where the
establishment of such setback lines is for street widening purposes, and
in cases where the establishment of such setback lines affects buildings
or structures existing at the time. The council or other governing body
of the city shall pass and put into effect such ordinances as may be
needed for the purpose of providing for a notice to and hearing of
persons whose property is affected by such establishment. In case of the
exercise of the power of eminent domain, provision shall be made for
ascertaining and paying just compensation for any damages caused as the
result of establishing such setback lines.WETLANDS DEVELOPMENT(1) After the Department of State Lands has provided
the city with a copy of the applicable portions of the Statewide Wetlands
Inventory, the city shall provide notice to the department, the applicant
and the owner of record, within five working days of the acceptance of
any complete application for the following activities that are wholly or
partially within areas identified as wetlands on the Statewide Wetlands
Inventory:
(a) Subdivisions;
(b) Building permits for new structures;
(c) Other development permits and approvals that allow physical
alteration of the land involving excavation and grading, including
permits for removal or fill, or both, or development in floodplains and
floodways;
(d) Conditional use permits and variances that involve physical
alterations to the land or construction of new structures; and
(e) Planned unit development approvals.
(2) The provisions of subsection (1) of this section do not apply
if a permit from the department has been issued for the proposed activity.
(3) Approval of any activity described in subsection (1) of this
section shall include one of the following notice statements:
(a) Issuance of a permit under ORS 196.600 to 196.905 by the
department required for the project before any physical alteration takes
place within the wetlands;
(b) Notice from the department that no permit is required; or
(c) Notice from the department that no permit is required until
specific proposals to remove, fill or alter the wetlands are submitted.
(4) If the department fails to respond to any notice provided under
subsection (1) of this section within 30 days of notice, the city
approval may be issued with written notice to the applicant and the owner
of record that the proposed action may require state or federal permits.
(5) The city may issue local approval for parcels identified as or
including wetlands on the Statewide Wetlands Inventory upon providing to
the applicant and the owner of record of the affected parcel a written
notice of the possible presence of wetlands and the potential need for
state and federal permits and providing the department with a copy of the
notification of comprehensive plan map or zoning map amendments for
specific properties.
(6) Notice of activities authorized within an approved wetland
conservation plan shall be provided to the department within five days
following local approval.
(7) Failure by the city to provide notice as required in this
section will not invalidate city approval. [1989 c.837 §31; 1991 c.763
§26]TRUCK ROUTES(1) A city council shall not establish a new truck route
or revise an existing truck route within the city unless the council
first provides public notice of the proposed truck route and holds a
public hearing concerning its proposed action.
(2) The city council shall provide notice of a public hearing held
under this section by publishing notice of the hearing once a week for
two consecutive weeks in some newspaper of general circulation in the
city. The second publication of the notice must occur not later than the
fifth day before the date of the public hearing.
(3) The notice required under this section shall state the time and
place of the public hearing and contain a brief and concise statement of
the proposed formation of the truck route, including a description of the
roads and streets in the city that will form the truck route.
(4) As used in this section:
(a) “Truck” includes motor truck, as defined in ORS 801.355, and
truck tractor, as defined in ORS 801.575.
(b) “Truck route” means the roads or streets in a city which have
been formally designated by the city council as the roads or streets on
which trucks must travel when proceeding through the city. [1985 c.564 §1]RECYCLING CONTAINERS
(1) Each multifamily residential dwelling with more than 10 individual
residential units that is constructed after October 4, 1997, should
include adequate space and access for collection of containers for solid
waste and recyclable materials.
(2) Each commercial building and each industrial and institutional
building that is constructed after October 4, 1997, should include
adequate space and access for collection of containers for solid waste
and recyclable materials.
(3) As used in this section, “commercial,” “recyclable material”
and “solid waste” have the meanings given in ORS 459.005. [1997 c.552 §32]PERMITTED USES IN ZONES(1) If a church,
synagogue, temple, mosque, chapel, meeting house or other nonresidential
place of worship is allowed on real property under state law and rules
and local zoning ordinances and regulations, a city shall allow the
reasonable use of the real property for activities customarily associated
with the practices of the religious activity, including worship services,
religion classes, weddings, funerals, child care and meal programs, but
not including private or parochial school education for prekindergarten
through grade 12 or higher education.
(2) A city may:
(a) Subject real property described in subsection (1) of this
section to reasonable regulations, including site review and design
review, concerning the physical characteristics of the uses authorized
under subsection (1) of this section; or
(b) Prohibit or regulate the use of real property by a place of
worship described in subsection (1) of this section if the city finds
that the level of service of public facilities, including transportation,
water supply, sewer and storm drain systems is not adequate to serve the
place of worship described in subsection (1) of this section.
(3) Notwithstanding any other provision of this section, a city may
allow a private or parochial school for prekindergarten through grade 12
or higher education to be sited under applicable state law and rules and
local zoning ordinances and regulations. [2001 c.886 §4]_______________
CHAPTERS 228 TO 235[Reserved for expansion]
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