City Planning and Zoning

ORS 227.160
Definitions for ORS 227.160 to 227.186


As used in ORS 227.160 (Definitions for ORS 227.160 to 227.186) to 227.186 (Notice to property owners of hearing on certain zone change):

(1)

“Hearings officer” means a planning and zoning hearings officer appointed or designated by a city council under ORS 227.165 (Planning and zoning hearings officers).

(2)

“Permit” means discretionary approval of a proposed development of land, under ORS 227.215 (Regulation of development) or city legislation or regulation. “Permit” does not include:

(a)

A limited land use decision as defined in ORS 197.015 (Definitions for ORS chapters 195, 196, 197 and ORS 197A.300 to 197A.325);

(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 expedited land division, as described in ORS 197.360 (“Expedited land division” defined). [1973 c.739 §6; 1975 c.767 §5; 1991 c.817 §8a; 1995 c.595 §13; 2015 c.260 §5]

Notes of Decisions

Exception from definition of "permit" for decision determining zoning classification for particular use applies to both discretionary and nondiscretionary decisions. Buckman Community Association v. City of Portland, 168 Or App 243, 5 P3d 1203 (2000)

§§ 227.160 to 227.185

Notes of Decisions

References to application for permits and zone changes do not prevent use of quasi-judicial proceeding in other types of land use decisions. Department of Transportation v. City of Mosier, 161 Or App 252, 984 P2d 351 (1999)

Law Review Citations

10 WLJ 395 (1974); 68 OLR 1005 (1989)

Chapter 227

Atty. Gen. Opinions

Fasano v. Bd. of County Commrs., application to city governing bodies and planning commissions, (1974) Vol 36, p 960


Source

Last accessed
Jun. 26, 2021