ORS 227.290
Building setback lines established by city council

  • criteria

(1)

The council or other governing body of any incorporated city, under an exercise of its police powers, may establish or alter building setback lines on private property adjacent to any alley, street, avenue, boulevard, highway or other public way in such city. It may make it unlawful and provide a penalty for erecting after said establishment any building or structure closer to the street line than such setback line, except as may be expressly provided by ordinance. The council or body shall pass and put into effect such ordinances as may be needed for the purpose of providing for a notice to and hearing of persons owning property affected before establishing any such setback line. Such setback lines may be established without requiring a cutting off or removal of buildings existing at the time.

(2)

The council may consider, in enacting ordinances governing building setback lines, the site slope and tree cover of the land with regard to solar exposure. The council shall not restrict construction where site slope and tree cover make incident solar energy collection unfeasible, except an existing solar structure’s sun plane shall not be substantially impaired.

(3)

The council may consider, in enacting ordinances governing building setback lines and maximum building height, the impact on available wind resources. The ordinances shall protect an existing wind energy system’s wind source to the extent feasible.

(4)

The powers given in this section shall be so exercised as to preserve constitutional rights. [Amended by 1979 c.671 §4; 1981 c.590 §9]

Source: Section 227.290 — Building setback lines established by city council; criteria, https://www.­oregonlegislature.­gov/bills_laws/ors/ors227.­html (accessed May 26, 2025).

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

Current through early 2026

§ 227.290. Bldg. setback lines established by city council's source at oregon​.gov