ORS 227.215
Regulation of development


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.


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.


A development ordinance may provide for:


Development for which a permit is granted as of right on compliance with the terms of the ordinance;


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);


Development which need not be under a development permit but shall comply with the ordinance; and


Development which is exempt from the ordinance.


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

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