ORS 215.050
Comprehensive planning, zoning and subdivision ordinances

  • copies available

(1)

Except as provided in ORS 527.722 (Restrictions on local government adoption of rules regulating forest operations), the county governing body shall adopt and may from time to time revise a comprehensive plan and zoning, subdivision and other ordinances applicable to all of the land in the county. The plan and related ordinances may be adopted and revised part by part or by geographic area.

(2)

Zoning, subdivision or other ordinances or regulations and any revisions or amendments thereof shall be designed to implement the adopted county comprehensive plan.

(3)

A county shall maintain copies of its comprehensive plan and land use regulations, as defined in ORS 197.015 (Definitions for ORS chapters 195, 196, 197 and ORS 197A.300 to 197A.325), for sale to the public at a charge not to exceed the cost of copying and assembling the material. [Amended by 1955 c.439 §2; 1963 c.619 §3; 1973 c.552 §4; 1977 c.766 §2; 1981 c.748 §41; 1987 c.919 §5; 1991 c.363 §1]

Source: Section 215.050 — Comprehensive planning, zoning and subdivision ordinances; copies available, https://www.­oregonlegislature.­gov/bills_laws/ors/ors215.­html.

Notes of Decisions

Requirement of substantial change is not met by proof that there is need for use which would be permitted by amendment. Fasano v. Bd. of County Commrs., 7 Or App 176, 489 P2d 693 (1971), aff’d 264 Or 574, 507 P2d 23 (1973)

Subsequent creation of additional zoning classification by itself does not set aside rules governing validity of transfer, at some subsequent date, of single piece of property from established zone to zone subsequently created. Fasano v. Bd. of County Commrs., 7 Or App 176, 489 P2d 693 (1971), aff’d 264 Or 574, 507 P2d 23 (1973)

When request for zone change is made, party seeking change must show that it is in conformance with comprehensive plan as implemented by ordinance, that there is a public need for the kind of change in question, and that need is best met by proposal under consideration. Fasano v. Bd. of County Commrs., 264 Or 574, 507 P2d 23 (1973)

Orders by local governing bodies changing zoning of particular property are in nature of judicial rather than legislative acts, and so are not presumptively valid. Fasano v. Bd. of County Commrs., 264 Or 574, 507 P2d 23 (1973)

Fasano v. Washington County Comm., 264 Or 574, 507 P2d 23 (1973), requires quasi-judicial hearing when local governing body is considering rezoning of relatively small amount of property. Culver v. Dagg, 20 Or App 647, 532 P2d 1127 (1975), Sup Ct review denied

Area being rezoned was so large, and owners affected so numerous, there was no significant danger of undue influence by special private economic interests, and rezoning did not require judicial-type hearing. Culver v. Dagg, 20 Or App 647, 532 P2d 1127 (1975), Sup Ct review denied

An amendment of a comprehensive plan changing the permitted use of only a specific small parcel of land is “judicial” rather than “legislative” in nature and must be preceded by a judicial-type hearing. Marggi v. Ruecker, 20 Or App 669, 533 P2d 1372 (1975), Sup Ct review denied

The scope of judicial review of zoning agency decisions is limited to examination of the administrative record to ascertain whether: 1) the proper procedures were followed; 2) the relevant factors were considered by the agency; and 3) there was reliable, probative and substantial evidence to support the decision of the agency. Dickinson v. Bd. of County Commrs., 21 Or App 98, 533 P2d 1395 (1975)

Planning commission action was not necessary prerequisite to consideration by Board of Commissioners of proposed amendments. Sunnyside Neighborhood v. Clackamas County Commissioners, 280 Or 3, 569 P2d 1063 (1977)

This section did not require county governing body to follow strict ordinance formalities in adoption of comprehensive plan, and thus plan adopted by resolution was valid where such procedure was permissible under county charter. Fifth Ave. Corp. v. Washington County, 282 Or 591, 581 P2d 50 (1978)

Adoption of comprehensive plan by resolution, etc., is subject to referendum since it is legislative in nature, notwithstanding county charter provisions limiting referendum to ordinances. Fifth Ave. Corp. v. Washington County, 282 Or 591, 581 P2d 50 (1978)

Because this section requires governing body adoption of plan amendments whether or not governing body review is sought, failure by petitioners to exhaust remedies did not excuse governing body of statutory responsibility nor divest LUBA of jurisdiction to review dismissal of appeal from planning commission. Colwell v. Washington Co., 79 Or App 82, 718 P2d 747 (1986), Sup Ct review denied

County procedures purporting to allow planning commission rather than governing body to adopt amendment to comprehensive plan violate this section. 1000 Friends of Oregon v. Wash. Co., 80 Or App 34, 720 P2d 1316 (1986), Sup Ct review denied

Duties imposed on county do not create basis for tort claim upon breach of duty. SFG Income Fund, LP v. May, 189 Or App 269, 75 P3d 470 (2003)

Attorney General Opinions

Fasano v. Bd. of County Commrs., application to county governing bodies and planning commissions, (1974) Vol 36, p 960; referendum power against a county “comprehensive plan” or a zoning ordinance, (1974) Vol 36, p 1044

Law Review Citations

10 WLJ 99 (1973); 68 OLR 983 (1989)

215.010
Definitions
215.020
Authority to establish county planning commissions
215.030
Membership of planning commission
215.042
Planning director
215.044
Solar access ordinances
215.047
Effect of comprehensive plan and land use regulations on solar access ordinances
215.050
Comprehensive planning, zoning and subdivision ordinances
215.060
Procedure for action on plan
215.080
Power to enter upon land
215.090
Information made available to commission
215.100
Cooperation with other agencies
215.110
Recommendations for implementation of comprehensive plan
215.130
Application of ordinances and comprehensive plan
215.135
Expansion of nonconforming school in exclusive farm use zone
215.170
Authority of cities in unincorporated area
215.185
Remedies for unlawful structures or land use
215.190
Violation of ordinances or regulations
215.203
Zoning ordinances establishing exclusive farm use zones
215.209
Department of Land Conservation and Development database
215.211
Agricultural land
215.212
Soils Assessment Fund
215.213
Uses permitted in exclusive farm use zones in counties that adopted marginal lands system prior to 1993
215.215
Reestablishment of nonfarm use
215.218
Certain private hunting preserves not subject to land use approval
215.223
Procedure for adopting zoning ordinances
215.233
Validity of ordinances and development patterns adopted before September 2, 1963
215.236
Nonfarm dwelling in exclusive farm use zone
215.237
Events or activities conducted by winery in exclusive farm use zone or mixed farm and forest zone
215.238
Attorney fees in action for nuisance or trespass relating to agri-tourism event or activity
215.239
Siting of agri-tourism event or activity
215.243
Agricultural land use policy
215.246
Approval of land application of certain substances
215.247
Transport of biosolids to tract of land for application
215.249
Division of land for application of biosolids
215.251
Relationship to other farm uses
215.253
Restrictive local ordinances affecting farm use zones prohibited
215.255
Farm product processing facility
215.262
Legislative findings related to nonfarm dwellings
215.263
Land divisions in exclusive farm use zones
215.265
Land divisions
215.273
Applicability to thermal energy power plant siting determinations
215.274
Associated transmission lines necessary for public service
215.275
Utility facilities necessary for public service
215.276
Required consultation for transmission lines to be located on high-value farmland
215.277
Farmworker housing
215.278
Accessory dwellings for farmworkers
215.279
Farm income standard for dwelling in conjunction with farm use
215.281
Legislative findings related to dwellings in conjunction with commercial dairy farm
215.282
Dwellings in conjunction with commercial dairy farm
215.283
Uses permitted in exclusive farm use zones in nonmarginal lands counties
215.284
Dwelling not in conjunction with farm use
215.291
Alteration, restoration or replacement of lawfully established dwelling
215.293
Dwelling in exclusive farm use or forest zone
215.294
Railroad facilities handling materials regulated under ORS chapter 459 or 466
215.296
Standards for approval of certain uses in exclusive farm use zones
215.297
Verifying continuity for approval of certain uses in exclusive farm use zones
215.298
Mining in exclusive farm use zone
215.299
Policy on mining resource lands
215.301
Blending materials for cement prohibited near vineyards
215.304
Rule adoption
215.306
Conducting filming activities in exclusive farm use zones
215.311
Log truck parking in exclusive farm use zones
215.312
Public safety training facility
215.316
Termination of adoption of marginal lands
215.317
Permitted uses on marginal land
215.327
Divisions of marginal land
215.401
Preapplication process for land use approval of disposal site for composting
215.402
Definitions for ORS 215.402 to 215.438 and 215.700 to 215.780
215.406
Planning and zoning hearings officers
215.412
Adoption of hearing procedure and rules
215.416
Permit application
215.417
Time to act under certain approved permits
215.418
Approval of development on wetlands
215.422
Review of decision of hearings officer or other authority
215.425
Review of decision relating to aggregate resources
215.427
Final action on permit or zone change application
215.429
Mandamus proceeding when county fails to take final action on land use application within specified time
215.431
Plan amendments
215.433
Supplemental application for remaining permitted uses following denial of initial application
215.435
Deadline for final action by county on remand of land use decision
215.437
Mandamus proceeding when county fails to take final action within specified time on remand of land use decision
215.438
Transmission towers
215.439
Solar energy systems in residential or commercial zones
215.441
Use of real property for religious activity
215.445
Use of private property for mobile medical clinic
215.446
Renewable energy facility
215.447
Photovoltaic solar power generation facilities on high-value farmland
215.448
Home occupations
215.449
Farm brewery
215.451
Cider business
215.452
Winery
215.453
Large winery
215.454
Lawful continuation of certain winery-related uses or structures
215.455
Effect of approval of winery on land use laws
215.456
Siting winery as commercial activity in exclusive farm use zone
215.457
Youth camps allowed in forest zones and mixed farm and forest zones
215.459
Private campground in forest zones and mixed farm and forest zones
215.461
Guest ranch
215.462
Limitations on guest ranch
215.495
Accessory dwelling units in rural residential zones
215.501
Conversion of historic homes to accessory dwelling units in rural residential zones
215.503
Legislative act by ordinance
215.513
Forwarding of notice to property purchaser
215.605
Counties authorized to adopt housing codes
215.606
Standards for clustered mailboxes in county roads and rights-of-way
215.615
Application and contents of housing ordinances
215.700
Resource land dwelling policy
215.705
Dwellings in farm or forest zone
215.710
High-value farmland description for ORS 215.705
215.720
Criteria for forestland dwelling under ORS 215.705
215.730
Additional criteria for forestland dwelling under ORS 215.705
215.740
Large tract forestland dwelling
215.750
Alternative forestland dwelling
215.755
Other forestland dwellings
215.757
Accessory dwellings supporting family forestry
215.760
Agricultural buildings on land zoned for forest use or mixed farm and forest use
215.780
Minimum lot or parcel sizes
215.783
Land division to preserve open space or park
215.785
Exception to minimum lot or parcel sizes
215.788
Legislative review of lands zoned for farm and forest use
215.791
Review of nonresource lands for ecological significance
215.794
Review of county rezoning designations
215.799
Location of dwellings on wildlife habitat land
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