ORS 227.215
Regulation of development

(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 (Definitions for ORS 92.010 to 92.192) to 92.285 (Retroactive ordinances prohibited), 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 (Basis for decision on permit application or expedited land division);

(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]

Source: Section 227.215 — Regulation of development, https://www.­oregonlegislature.­gov/bills_laws/ors/ors227.­html.

See also annotations under ORS 227.220, 227.230 and 227.240 in permanent edition.

Notes of Decisions

Under former similar statutes (ORS 227.220, 227.230)

Once a planned unit development is approved, the developer is bound by it unless changes are approved pursuant to the applicable ordinance. Frankland v. City of Lake Oswego, 267 Or 452, 517 P2d 1042 (1973)

A properly enacted comprehensive plan, although denominated a “resolution,” controls zoning decisions in a city. Baker v. City of Milwaukie, 271 Or 500, 533 P2d 772 (1975)

A comprehensive plan is the controlling land use planning instrument for a city; upon its passage, the city assumes responsibility to effectuate the plan and conform zoning ordinances, including prior existing zoning ordinances, to it. Baker v. City of Milwaukie, 271 Or 500, 533 P2d 772 (1975)

In determining whether a municipal action is an ordinance rather than a resolution, it is necessary to look beyond the title to determine whether it is legislative and permanent rather than administrative and temporary. Baker v. City of Milwaukie, 271 Or 500, 533 P2d 772 (1975)

The party seeking a zoning change did not show that the proposed change was required by public need. So. Cen. Assn. of Neighbors v. Lindsey, 21 Or App 578, 535 P2d 1381 (1975)

The city council was authorized to adopt a change in its comprehensive plan. Tierney v. Duris, PayLess Prop. Corp., 21 Or App 613, 536 P2d 435 (1975)

The city council could adopt supplemental findings of facts supporting its earlier plan-change decision. Tierney v. Duris, PayLess Prop. Corp., 21 Or App 613, 536 P2d 435 (1975)

The power to regulate, restrict and segregate different classes of businesses in a city by ordinance is reserved to the city council. Link v. City of Coos Bay, 23 Or App 648, 543 P2d 1082 (1975)

Attorney General Opinions

In general

City granting conditional zone change, (1979) Vol 39, p 467

227.010
Definition for ORS 227.030 to 227.300 227.020
Authority to create planning commission 227.030
Membership 227.090
Powers and duties of commission 227.095
Definitions for ORS 227.100 and 227.110 227.100
Submission of plats for subdivisions and plans for street alterations and public buildings to commission 227.110
City approval prior to recording of subdivision plats and plats or deeds dedicating land to public use within six miles of city 227.120
Procedure and approval for renaming streets 227.160
Definitions for ORS 227.160 to 227.186 227.165
Planning and zoning hearings officers 227.170
Hearing procedure 227.172
Siting casino in incorporated city 227.173
Basis for decision on permit application or expedited land division 227.175
Application for permit or zone change 227.178
Final action on certain applications required within 120 days 227.179
Petition for writ of mandamus authorized when city fails to take final action on land use application within 120 days 227.180
Review of action on permit application 227.181
Final action required within 120 days following remand of land use decision 227.182
Petition for writ of mandamus authorized when city fails to take final action within 120 days of remand of land use decision 227.184
Supplemental application for remaining permitted uses following denial of initial application 227.185
Transmission tower 227.186
Notice to property owners of hearing on certain zone change 227.187
Public sale of copies of city comprehensive plan and land use regulations 227.188
Amendments to city comprehensive plan map 227.190
Solar access ordinances 227.195
Effect of land use regulations and comprehensive plans 227.215
Regulation of development 227.280
Enforcement of development legislation 227.283
Regulations applicable to resumption of nonconforming uses 227.286
Regulations applicable to public property 227.290
Building setback lines established by city council 227.300
Use of eminent domain power to establish setback lines 227.320
City program for demolition of residences or residential buildings 227.350
Notice of proposed wetlands development 227.400
Truck routes 227.450
Recycling containers 227.455
Clustered mailboxes in city streets and rights-of-way 227.500
Use of real property for religious activity 227.505
Solar energy systems on residential and commercial structures 227.600
Land use approval preapplication review
Green check means up to date. Up to date

Current through early 2024

§ 227.215’s source at oregon​.gov