ORS Chapter 227 - Oregon Statutes

Chapter 227 — CityPlanning and Zoning

 

2009 EDITION

 

CITYPLANNING AND ZONING

 

CITIES

 

CITYPLANNING COMMISSION

 

227.010     Definitionfor ORS 227.030 to 227.300

 

227.020     Authorityto create planning commission

 

227.030     Membership

 

227.090     Powersand duties of commission

 

227.095     Definitionsfor ORS 227.100 and 227.110

 

227.100     Submissionof plats for subdivisions and plans for street alterations and public buildingsto commission; report

 

227.110     Cityapproval prior to recording of subdivision plats and plats or deeds dedicatingland to public use within six miles of city; exception

 

227.120     Procedureand approval for renaming streets

 

PLANNINGAND ZONING HEARINGS AND REVIEW

 

227.160     Definitionsfor ORS 227.160 to 227.186

 

227.165     Planningand zoning hearings officers; duties and powers

 

227.170     Hearingprocedure; rules

 

227.172     Sitingcasino in incorporated city

 

227.173     Basisfor decision on permit application or expedited land division; statement ofreasons for approval or denial

 

227.175     Applicationfor permit or zone change; fees; consolidated procedure; hearing; approvalcriteria; decision without hearing

 

227.178     Finalaction on certain applications required within 120 days; procedure; exceptions;refund of fees

 

227.179     Petitionfor writ of mandamus authorized when city fails to take final action on landuse application within 120 days; jurisdiction; notice of petition

 

227.180     Reviewof action on permit application; fees

 

227.181     Finalaction required within 90 days following remand of land use decision

 

227.182     Petitionfor writ of mandamus authorized when city fails to take final action within 90days of remand of land use decision

 

227.184     Supplementalapplication for remaining permitted uses following denial of initialapplication

 

227.185     Transmissiontower; location; conditions

 

227.186     Noticeto property owners of hearing on certain zone change; form of notice;exceptions; reimbursement of cost

 

227.187     Publicsale of copies of city comprehensive plan and land use regulations

 

SOLARACCESS ORDINANCES

 

227.190     Solaraccess ordinances; purpose; standards

 

227.195     Effectof land use regulations and comprehensive plans

 

DEVELOPMENTORDINANCES

 

227.215     “Development”defined; regulation of development

 

227.280     Enforcementof development legislation

 

227.286     Cityordinances applicable to public property

 

227.290     Buildingsetback lines established by city council; criteria

 

227.300     Useof eminent domain power to establish setback lines

 

WETLANDSDEVELOPMENT

 

227.350     Noticeof proposed wetlands development; exception; approval by city

 

TRUCKROUTES

 

227.400     Truckroutes; procedures for establishment or revision; notice; hearing

 

RECYCLINGCONTAINERS

 

227.450     Recyclingcontainers; recommendations for new construction

 

PERMITTEDUSES IN ZONES

 

227.500     Useof real property for religious activity; city regulation of real property usedfor religious activity

 

CITYPLANNING COMMISSION

 

      227.010Definition for ORS 227.030 to 227.300. As used in ORS 227.030 to 227.300, “council”means a representative legislative body. [Amended by 1975 c.767 §1]

 

      227.020Authority to create planning commission. (1) A city may create a planningcommission for the city and provide for its organization and operations.

      (2)This section shall be liberally construed and shall include the authority tocreate a joint planning commission and to utilize an intergovernmental agencyfor planning as authorized by ORS 190.003 to 190.130. [Amended by 1973 c.739 §1;1975 c.767 §2]

 

      227.030Membership.(1) Not more than two members of a city planning commission may be cityofficers, who shall serve as ex officio nonvoting members.

      (2)A member of such a commission may be removed by the appointing authority, afterhearing, for misconduct or nonperformance of duty.

      (3)Any vacancy in such a commission shall be filled by the appointing authorityfor the unexpired term of the predecessor in the office.

      (4)No more than two voting members of the commission may engage principally in thebuying, selling or developing of real estate for profit as individuals, or bemembers of any partnership, or officers or employees of any corporation, thatengages principally in the buying, selling or developing of real estate forprofit. No more than two members shall be engaged in the same kind ofoccupation, business, trade or profession. [Amended by 1969 c.430 §1; 1973c.739 §2; 1975 c.767 §3]

 

      227.035 [1973 c.739 §5;renumbered 244.135 in 1993]

 

      227.040 [Repealed by1973 c.739 §13]

 

      227.050 [Amended by1969 c.430 §2; repealed by 1975 c.767 §16]

 

      227.060 [Repealed by1975 c.767 §16]

 

      227.070 [Amended by1969 c.430 §3; 1973 c.739 §3; repealed by 1975 c.767 §16]

 

      227.080 [Repealed by1973 c.739 §13]

 

      227.090Powers and duties of commission. (1) Except as otherwise provided by thecity council, a city planning commission may:

      (a)Recommend and make suggestions to the council and to other public authoritiesconcerning:

      (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 othercharacteristics 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 electricalgeneration or mechanical application.

      (b)Recommend to the council and other public authorities plans for regulating thefuture growth, development and beautification of the city in respect to itspublic and private buildings and works, streets, parks, grounds and vacantlots, and plans consistent with future growth and development of the city inorder to secure to the city and its inhabitants sanitation, proper service ofpublic utilities and telecommunications utilities, including appropriate publicincentives for overall energy conservation and harbor, shipping andtransportation facilities.

      (c)Recommend to the council and other public authorities plans for promotion, developmentand regulation of industrial and economic needs of the community in respect toindustrial pursuits.

      (d)Advertise the industrial advantages and opportunities of the city andavailability 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 developingthem and stabilizing employment conditions.

      (h)Do and perform all other acts and things necessary or proper to carry out theprovisions 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 publicinterest, health, morals, safety, comfort, convenience and welfare of the cityand 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 surfacearea.

      (b)“Wind” means the natural movement of air at an annual average speed measured ata 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]

 

      227.095Definitions for ORS 227.100 and 227.110. 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]

 

      227.100Submission of plats for subdivisions and plans for street alterations andpublic buildings to commission; report. All subdivision plats located withinthe city limits, and all plans or plats for vacating or laying out, widening,extending, parking and locating streets or plans for public buildings shallfirst be submitted to the commission by the city engineer or other proper municipalofficer, and a report thereon from the commission secured in writing beforeapproval is given by the proper municipal official. [Amended by 1955 c.756 §26]

 

      227.110City approval prior to recording of subdivision plats and plats or deedsdedicating land to public use within six miles of city; exception. (1) Allsubdivision plats and all plats or deeds dedicating land to public use in thatportion of a county within six miles outside the limits of any city shall firstbe 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 engineerbefore they shall be recorded. However, unless otherwise provided in an urbangrowth area management agreement jointly adopted by a city and county toestablish procedures for regulating land use outside the city limits and withinan urban growth boundary acknowledged under ORS 197.251, if the countygoverning body has adopted ordinances or regulations for subdivisions andpartitions under ORS 92.044, land within the six-mile limit shall be under thejurisdiction of the county for those purposes.

      (2)It shall be unlawful to receive or record such plat or replat or deed in anypublic office unless the same bears thereon the approval, by indorsement, ofsuch commission or city engineer. However, the indorsement of the commission orcity engineer of the city with boundaries nearest the land such documentaffects shall satisfy the requirements of this section in case the boundariesof more than one city are within six miles of the property so mapped ordescribed. If the governing bodies of such cities mutually agree upon aboundary line establishing the limits of the jurisdiction of the cities otherthan the line equidistant between the cities and file the agreement with therecording officer of the county containing such boundary line, the boundaryline mutually agreed upon shall become the limit of the jurisdiction of eachcity until superseded by a new agreement between the cities or until one of thecities files with such recording officer a written notification stating thatthe agreement shall no longer apply. [Amended by 1955 c.756 §27; 1983 c.570 §5;1991 c.763 §25]

 

      227.120Procedure and approval for renaming streets. Within six miles of the limitsof any city, the commission, if there is one, or if no such commission legallyexists, then the city engineer, shall recommend to the city council therenaming of any existing street, highway or road, other than a county road orstate highway, if in the judgment of the commission, or if no such commissionlegally exists, then in the judgment of the city engineer, such renaming is inthe best interest of the city and the six mile area. Upon receiving suchrecommendation the council shall afford persons particularly interested, andthe general public, an opportunity to be heard, at a time and place to bespecified in a notice of hearing published in a newspaper of generalcirculation within the municipality and the six mile area not less than oncewithin the week prior to the week within which the hearing is to be held. Aftersuch opportunity for hearing has been afforded, the city council by ordinanceshall rename the street or highway in accordance with the recommendation or byresolution shall reject the recommendation. A certified copy of each suchordinance shall be filed for record with the county clerk or recorder, and alike copy shall be filed with the county assessor and county surveyor. Thecounty surveyor shall enter the new names of such streets and roads in red inkon the county surveyor’s copy of any filed plat and tracing thereof which maybe affected, together with appropriate notations concerning the same. Theoriginal plat may not be corrected or changed after it is recorded with thecounty clerk. [Amended by 2001 c.173 §4]

 

      227.130 [Repealed by1975 c.767 §16]

 

      227.140 [Repealed by1975 c.767 §16]

 

      227.150 [Repealed by1975 c.767 §16]

 

PLANNINGAND ZONING HEARINGS AND REVIEW

 

      227.160Definitions for ORS 227.160 to 227.186. As used in ORS 227.160 to 227.186:

      (1)“Hearings officer” means a planning and zoning hearings officer appointed ordesignated by a city council under ORS 227.165.

      (2)“Permit” means discretionary approval of a proposed development of land, underORS 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 aparticular use by applying criteria or performance standards defining the usespermitted within the zone, and the determination applies only to land within anurban growth boundary;

      (c)A decision which determines final engineering design, construction, operation,maintenance, repair or preservation of a transportation facility which isotherwise authorized by and consistent with the comprehensive plan and land useregulations; 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]

 

      227.165Planning and zoning hearings officers; duties and powers. A city mayappoint one or more planning and zoning hearings officers, to serve at thepleasure of the appointing authority. Such an officer shall conduct hearings onapplications for such classes of permits and zone changes as the councildesignates. [1973 c.739 §7; 1975 c.767 §6]

 

      227.170Hearing procedure; rules. (1) The city council shall prescribe one or moreprocedures for the conduct of hearings on permits and zone changes.

      (2)The city council shall prescribe one or more rules stating that all decisionsmade by the council on permits and zone changes will be based on factualinformation, including adopted comprehensive plans and land use regulations. [1973c.739 §8; 1975 c.767 §7; 1997 c.452 §3]

 

      227.172Siting casino in incorporated city. (1) As used in this section:

      (a)“Casino” means a facility in which casino games, as defined in ORS 167.117, areplayed for the purpose of gambling.

      (b)“Tribal casino” means a facility used for:

      (A)Class I gaming or class II gaming regulated by the Indian Gaming Regulatory Actof October 17, 1988 (25 U.S.C. 2701 et seq.);

      (B)Class III gaming conducted under a tribal-state compact approved by theSecretary of the Interior under section 11(d)(8) of the Indian Gaming RegulatoryAct (25 U.S.C. 2710(d)(8)); or

      (C)Gaming conducted in accordance with the Indian Gaming Regulatory Act andfederal regulations.

      (2)A casino may not be sited on land in an incorporated city unless the electorsof the city approve the development.

      (3)Before a permit, as defined in ORS 227.160, can be approved authorizing aproposed development of land in an incorporated city as a site for a casino,the governing body of the city that contains the site shall submit the questionof siting the casino to the electors of the city for approval or rejection.

      (4)Subsections (2) and (3) of this section do not apply to a tribal casino. [2007c.724 §2]

 

      227.173Basis for decision on permit application or expedited land division; statementof reasons for approval or denial. (1) Approval or denial of adiscretionary permit application shall be based on standards and criteria,which shall be set forth in the development ordinance and which shall relateapproval or denial of a discretionary permit application to the developmentordinance and to the comprehensive plan for the area in which the developmentwould occur and to the development ordinance and comprehensive plan for thecity as a whole.

      (2)When an ordinance establishing approval standards is required under ORS 197.307to provide only clear and objective standards, the standards must be clear andobjective on the face of the ordinance.

      (3)Approval or denial of a permit application or expedited land division shall bebased upon and accompanied by a brief statement that explains the criteria andstandards considered relevant to the decision, states the facts relied upon inrendering the decision and explains the justification for the decision based onthe criteria, standards and facts set forth.

      (4)Written notice of the approval or denial shall be given to all parties to theproceeding. [1977 c.654 §5; 1979 c.772 §10b; 1991 c.817 §16; 1995 c.595 §29;1997 c.844 §6; 1999 c.357 §3]

 

      227.175Application for permit or zone change; fees; consolidated procedure; hearing;approval criteria; decision without hearing. (1) When required or authorizedby a city, an owner of land may apply in writing to the hearings officer, orsuch 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. Thegoverning body shall establish fees charged for processing permits at an amountno more than the actual or average cost of providing