Oregon Statutes - Chapter 215 - County Planning; Zoning; Housing Codes

215.010 Definitions.
As used in this chapter: (1) The terms defined in ORS 92.010 shall have the meanings given therein, except that �parcel�: (a) Includes a unit...
215.020 Authority to establish county planning commissions.
(1) The governing body of any county may create and provide for the organization and operations of one or more county planning commissions. (2) This...
215.030 Membership of planning commission.
(1) The county planning commission shall consist of five, seven or nine members appointed by the governing body for four-year terms, or until their respective...
215.035 [1973 c.552 §10; renumbered 244.135 in 1993]
215.040 [Amended by 1973 c.552 §3; repealed by 1977 c.766 §16]
215.042 Planning director.
(1) The governing body of each county shall designate an individual to serve as planning director for the county responsible for administration of planning. The...
215.044 Solar access ordinances; purpose; standards.
(1) County governing bodies may adopt and implement solar access ordinances. The ordinances shall provide and protect to the extent feasible solar access to the...
215.046 [1973 c.552 §11; repealed by 1977 c.766 §16]
215.047 Effect of comprehensive plan and land use regulations on solar access ordinances.
Solar access ordinances shall not be in conflict with acknowledged comprehensive plans and land use regulations. [1981 c.722 §3]
215.050 Comprehensive planning, zoning and subdivision ordinances; copies available.
(1) Except as provided in ORS 527.722, the county governing body shall adopt and may from time to time revise a comprehensive plan and zoning,...
215.055 [1955 c.439 §3; 1963 c.619 §4; 1971 c.13 §2; 1971 c.739 §1; 1973 c.80 §43; 1975 c.153 §1; repealed by 1977 c.766 §16]
215.060 Procedure for action on plan; notice; hearing.
Action by the governing body of a county regarding the plan shall have no legal effect unless the governing body first conducts one or more...
215.070 [Repealed by 1963 c.619 §16]
215.080 Power to enter upon land.
The commission, and any of its members, officers and employees, in the performance of their functions, may enter upon any land and make examinations and...
215.090 Information made available to commission.
Public officials, departments and agencies, having information, maps or other data deemed by the planning commission pertinent to county planning shall make such information available...
215.100 Cooperation with other agencies.
The county planning commission shall advise and cooperate with other planning commissions within the state, and shall upon request, or on its own initiative, furnish...
215.104 [1955 c.439 §4; 1963 c.619 §6; 1967 c.589 §2; 1973 c.552 §7; repealed by 1977 c.766 §16]
215.108 [1955 c.439 §5; 1961 c.607 §1; repealed by 1963 c.619 §16]
215.110 Recommendations for implementation of comprehensive plan; enactment of ordinances; referral; retroactivity.
(1) A planning commission may recommend to the governing body ordinances intended to implement part or all of the comprehensive plan. The ordinances may provide,...
215.120 [Amended by 1957 c.568 §2; repealed by 1963 c.619 §16]
215.124 [1955 c.683 §§2, 4; 1957 c.568 §3; repealed by 1959 c.387 §1]
215.126 [1955 c.683 §3; 1957 c.568 §1; 1959 c.387 §2; repealed by 1963 c.619 §16]
215.130 Application of ordinances and comprehensive plan; alteration of nonconforming use.
(1) Any legislative ordinance relating to land use planning or zoning shall be a local law within the meaning of, and subject to, ORS 250.155...
215.140 [Repealed by 1963 c.619 §16]
215.150 [Amended by 1955 c.439 §8; repealed by 1963 c.619 §16]
215.160 [Repealed by 1963 c.619 §16]
215.170 Authority of cities in unincorporated area.
The powers of an incorporated city to control subdivision and other partitioning of land and to rename thoroughfares in adjacent unincorporated areas shall continue unimpaired...
215.180 [1955 c.439 §6; 1963 c.619 §11; repealed by 1977 c.766 §16]
215.185 Remedies for unlawful structures or land use.
(1) In case a building or other structure is, or is proposed to be, located, constructed, maintained, repaired, altered, or used, or any land is,...
215.190 Violation of ordinances or regulations.
No person shall locate, construct, maintain, repair, alter, or use a building or other structure or use or transfer land in violation of an ordinance...
215.200 [1957 s.s. c.11 §1; renumbered 215.285]
215.203 Zoning ordinances establishing exclusive farm use zones; definitions.
(1) Zoning ordinances may be adopted to zone designated areas of land within the county as exclusive farm use zones. Land within such zones shall...
215.205 [1957 s.s. c.11 §2; renumbered 215.295]
215.207 [1989 c.653 §2; repealed by 1999 c.314 §94]
215.209 Department of Land Conservation and Development database; rural land maps; contents.
The Department of Land Conservation and Development shall develop, in conjunction with local governments and other state agencies, a computerized database that is capable of...
215.210 [Amended by 1955 c.652 §6; renumbered 215.305]
215.213 Uses permitted in exclusive farm use zones in counties that adopted marginal lands system prior to 1993; rules.
(1) In counties that have adopted marginal lands provisions under ORS 197.247 (1991 Edition), the following uses may be established in any area zoned for...
215.214 [1979 c.773 §11; 1983 c.743 §4; 1983 c.826 §10; 1985 c.565 §29; 1987 c.729 §5c; repealed by 1993 c.792 §55]
215.215 Reestablishment of nonfarm use.
(1) Notwithstanding ORS 215.130 (6), if a nonfarm use exists in an exclusive farm use zone and is unintentionally destroyed by fire, other casualty or...
215.218 Certain private hunting preserves not subject to land use approval; complaint procedures.
(1) A person who owns a private hunting preserve that was licensed under ORS 497.248 on or before July 28, 2003, and that has not...
215.220 [Repealed by 1963 c.619 §16]
215.223 Procedure for adopting zoning ordinances; notice.
(1) No zoning ordinance enacted by the county governing body may have legal effect unless prior to its enactment the governing body or the planning...
215.230 [Repealed by 1963 c.619 §16]
215.233 Validity of ordinances and development patterns adopted before September 2, 1963.
Nothing in ORS 215.010, 215.030, 215.050, 215.060, 215.110, 215.130, 215.170, 215.185, 215.190, 215.203, 215.213 and 215.223 and this section shall impair the validity of ordinances...
215.236 Nonfarm dwelling in exclusive farm use zone; qualification for special assessment.
(1) As used in this section, �dwelling� means a single-family residential dwelling not provided in conjunction with farm use. (2) The governing body or its...
215.240 [Repealed by 1963 c.619 §16]
215.243 Agricultural land use policy.
The Legislative Assembly finds and declares that: (1) Open land used for agricultural use is an efficient means of conserving natural resources that constitute an...
215.246 Approval of land application of certain substances; subsequent use of tract of land; consideration of alternatives.
(1) The uses allowed under ORS 215.213 (1)(bb) and 215.283 (1)(y): (a) Require a determination by the Department of Environmental Quality, in conjunction with the...
215.247 Transport of biosolids to tract of land for application.
If biosolids are transported by vehicle to a tract on which the biosolids will be applied to the land under a license, permit or approval...
215.249 Division of land for application of biosolids.
Notwithstanding ORS 215.263, the governing body of a county or its designee may not approve a proposed division of land in an exclusive farm use...
215.250 [Repealed by 1973 c.619 §16]
215.251 Relationship to other farm uses.
Nothing in ORS 215.213 (1)(bb), 215.246 to 215.249 or 215.283 (1)(y) affects whether the land application of a substance not described in ORS 215.213 (1)(bb),...
215.253 Restrictive local ordinances affecting farm use zones prohibited; exception.
(1) No state agency, city, county or political subdivision of this state may exercise any of its powers to enact local laws or ordinances or...
215.260 [Amended by 1955 c.652 §3; repealed by 1957 s.s. c.11 §4 (215.261 enacted in lieu of 215.260)]
215.261 [1957 s.s. c.11 §5 (enacted in lieu of 215.260); repealed by 1963 c.619 §16]
215.262 Legislative findings related to nonfarm dwellings.
(1) The Legislative Assembly declares that the creation of small parcels for nonfarm dwellings in exclusive farm use zones introduces potential conflicts into commercial agricultural...
215.263 Land divisions in exclusive farm use zones; criteria for approval; rules.
(1) Any proposed division of land included within an exclusive farm use zone resulting in the creation of one or more parcels of land shall...
215.265 Land divisions; limiting certain causes of action.
In approving a land division under ORS 215.263 (10), the governing body of a county or its designee shall require as a condition of approval...
215.270 [Repealed by 1963 c.619 §16]
215.273 Applicability to thermal energy power plant siting determinations.
Nothing in ORS 215.130, 215.203, 215.213, 215.243, 215.253, 215.263, 215.273, 215.283, 215.284, 308A.050 to 308A.128 and 316.844 is intended to affect the authority of the...
215.275 Utility facilities necessary for public service; criteria; rules; mitigating impact of facility.
(1) A utility facility established under ORS 215.213 (1)(d) or 215.283 (1)(d) is necessary for public service if the facility must be sited in an...
215.277 Farmworker housing; compliance with agricultural land use policy required.
It is the intent of the Legislative Assembly that the provision of farmworker housing, as defined in ORS 315.163, not allow other types of dwellings...
215.278 Accessory dwellings for farmworkers; rules.
(1) The Land Conservation and Development Commission shall revise administrative rules regarding dwellings customarily provided in conjunction with farm use to allow, under ORS 215.213...
215.280 [Repealed by 1963 c.619 §16]
215.281 Legislative findings related to dwellings in conjunction with commercial dairy farm.
The Legislative Assembly finds that: (1) Dairies and dairying are an important part of Oregon agriculture and make a significant contribution to the state and...
215.282 Dwellings in conjunction with commercial dairy farm; rules.
The Land Conservation and Development Commission shall consider the findings of ORS 215.281 and adopt rules that provide standards for the review of a primary...
215.283 Uses permitted in exclusive farm use zones in nonmarginal lands counties; rules.
(1) The following uses may be established in any area zoned for exclusive farm use: (a) Public or private schools, including all buildings essential to...
215.284 Dwelling not in conjunction with farm use; existing lots or parcels; new lots or parcels.
(1) In the Willamette Valley, a single-family residential dwelling not provided in conjunction with farm use may be established, subject to approval of the governing...
215.285 [Formerly 215.200; repealed by 1971 c.13 §1]
215.288 [1983 c.826 §16; 1985 c.565 §33; 1985 c.811 §8; repealed by 1993 c.792 §55]
215.290 [Repealed by 1963 c.619 §16]
215.293 Dwelling in exclusive farm use or forest zone; condition; declaration; recordation.
The county governing body or its designate shall require as a condition of approval of a single-family dwelling under ORS 215.213, 215.283 or 215.284 or...
215.294 Railroad facilities handling materials regulated under ORS chapter 466 allowed.
(1) In addition to the nonfarm uses that may be established under ORS 215.283 (2), and subject to the approval of the governing body or...
215.295 [Formerly 215.205; repealed by 1971 c.13 §1]
215.296 Standards for approval of certain uses in exclusive farm use zones; violation of standards; complaint; penalties; exceptions to standards.
(1) A use allowed under ORS 215.213 (2) or 215.283 (2) may be approved only where the local governing body or its designee finds that...
215.297 Verifying continuity for approval of certain uses in exclusive farm use zones.
(1) As part of the conditional use approval process under ORS 215.296, for the purpose of verifying the existence, continuity and nature of the business...
215.298 Mining in exclusive farm use zone; land use permit.
(1) For purposes of ORS 215.213 (2) and 215.283 (2), a land use permit is required for mining more than 1,000 cubic yards of material...
215.300 [Repealed by 1963 c.619 §16]
215.301 Blending materials for cement prohibited near vineyards; exception.
(1) Notwithstanding the provisions of ORS 215.213, 215.283 and 215.284, no application shall be approved to allow batching and blending of mineral and aggregate into...
215.303 [1989 c.861 §8; repealed by 1993 c.792 §55]
215.304 Rule adoption; limitations.
(1) The Land Conservation and Development Commission shall not adopt or implement any rule to identify or designate small-scale farmland or secondary land. (2) Amendments...
215.305 [Formerly 215.210; repealed by 1971 c.13 §1]
215.306 Conducting filming activities in exclusive farm use zones.
(1) The limitations on uses made of land in exclusive farm use zones described in ORS 215.213, 215.283, 215.284 and 215.700 to 215.780 and limitations...
215.310 [Repealed by 1971 c.13 §1]
215.311 Parking log trucks in exclusive farm use zones.
(1) The limitations on uses of land in exclusive farm use zones described in ORS 215.283, 215.284 and 215.700 to 215.780 and limitations imposed by...
215.316 Termination of adoption of marginal lands.
(1) Unless a county applies the provisions of ORS 215.705 to 215.730 to land zoned for exclusive farm use, a county that adopted marginal lands...
215.317 Permitted uses on marginal land.
(1) A county may allow the following uses to be established on land designated as marginal land under ORS 197.247 (1991 Edition): (a) Intensive farm...
215.320 [Repealed by 1971 c.13 §1]
215.325 [1953 c.662 §6; 1963 c.9 §4; repealed by 1971 c.13 §1]
215.327 Divisions of marginal land.
A county may allow the following divisions of marginal land: (1) Divisions of land to create a parcel or lot containing 10 or more acres...
215.330 [Repealed by 1971 c.13 §1]
215.337 [1983 c.826 §4a; repealed by 1993 c.792 §55]
215.340 [Repealed by 1971 c.13 §1]
215.350 [Amended by 1953 c.662 §7; repealed by 1971 c.13 §1]
215.360 [Amended by 1953 c.662 §7; subsection (2) enacted as 1953 c.662 §1; repealed by 1971 c.13 §1]
215.370 [Repealed by 1971 c.13 §1]
215.380 [Amended by 1955 c.652 §4; repealed by 1971 c.13 §1]
215.390 [Repealed by 1971 c.13 §1]
215.395 [1953 c.662 §3; 1955 c.652 §5; repealed by 1971 c.13 §1]
215.398 [1955 c.652 §2; repealed by 1971 c.13 §1]
215.400 [Repealed by 1971 c.13 §1]
215.402 Definitions for ORS 215.402 to 215.438 and 215.700 to 215.780.
As used in ORS 215.402 to 215.438 and 215.700 to 215.780 unless the context requires otherwise: (1) �Contested case� means a proceeding in which the...
215.406 Planning and zoning hearings officers; duties and powers; authority of governing body or planning commission to conduct hearings.
(1) A county governing body may authorize appointment of one or more planning and zoning hearings officers, to serve at the pleasure of the appointing...
215.410 [Repealed by 1971 c.13 §1]
215.412 Adoption of hearing procedure and rules.
(1) The governing body of a county by ordinance or order shall adopt one or more procedures for the conduct of hearings. (2) The governing...
215.415 [1953 c.662 §5; repealed by 1971 c.13 §1]
215.416 Permit application; fees; consolidated procedures; hearings; notice; approval criteria; decision without hearing.
(1) When required or authorized by the ordinances, rules and regulations of a county, an owner of land may apply in writing to such persons...
215.417 Time to act under certain approved permits; extension.
(1) If a permit is approved under ORS 215.416 for a proposed residential development on agricultural or forest land outside of an urban growth boundary...
215.418 Approval of development on wetlands; notice.
(1) After the Department of State Lands has provided the county with a copy of the applicable portions of the Statewide Wetlands Inventory, the county...
215.420 [Amended by 1955 c.439 §10; repealed by 1971 c.13 §1]
215.422 Review of decision of hearings officer or other authority; notice of appeal; fees; appeal of final decision.
(1)(a) A party aggrieved by the action of a hearings officer or other decision-making authority may appeal the action to the planning commission or county...
215.425 Review of decision relating to aggregate resources.
(1) A decision relating to aggregate resource uses permitted in ORS 215.213 (2)(d) or 215.283 (2)(b) is subject to review solely under the provisions of...
215.427 Final action on permit or zone change application; refund of application fees.
(1) Except as provided in subsections (3) and (5) of this section, for land within an urban growth boundary and applications for mineral aggregate extraction,...
215.428 [1983 c.827 §23; 1989 c.761 §15; 1991 c.817 §14; 1995 c.812 §2; 1997 c.844 §7; repealed by 1999 c.393 §2 (215.427 enacted in lieu of 215.428]
215.429 Mandamus proceeding when county fails to take final action on land use application within specified time; jurisdiction; notice; peremptory writ.
(1) Except when an applicant requests an extension under ORS 215.427, if the governing body of the county or its designee does not take final...
215.430 [1955 c.682 §2; repealed by 1971 c.13 §1]
215.431 Plan amendments; hearings by planning commission or hearings officer; exceptions.
(1) A county governing body may authorize, by ordinance or order, the planning commission or hearings officer to conduct hearings on applications for plan amendments...
215.433 Supplemental application for remaining permitted uses following denial of initial application.
(1) A person whose application for a permit is denied by the governing body of a county or its designee under ORS 215.427 may submit...
215.435 Deadline for final action by county on remand of land use decision; exception.
(1) Pursuant to a final order of the Land Use Board of Appeals under ORS 197.830 remanding a decision to a county, the governing body...
215.437 Mandamus proceeding when county fails to take final action within specified time on remand of land use decision.
(1) If the governing body of a county or its designee fails to take final action on an application for a permit, limited land use...
215.438 Transmission towers; location; conditions.
The governing body of a county or its designate may allow a transmission tower over 200 feet in height to be established in any zone...
215.440 [1955 c.682 §3; repealed by 1971 c.13 §1]
215.441 Use of real property for religious activity; county regulation of real property used for religious activity.
(1) If a church, synagogue, temple, mosque, chapel, meeting house or other nonresidential place of worship is allowed on real property under state law and...
215.448 Home occupations; parking; where allowed; conditions.
(1) The governing body of a county or its designate may allow, subject to the approval of the governing body or its designate, the establishment...
215.450 [1955 c.682 §4; repealed by 1971 c.13 §1]
215.452 Winery; conditions; local government findings and criteria.
(1) A winery, authorized under ORS 215.213 (1)(s) and 215.283 (1)(q), is a facility that produces wine with a maximum annual production of: (a) Less...
215.455 Effect of approval of winery on land use laws.
Any winery approved under ORS 215.213, 215.283, 215.284 and 215.452 is not a basis for an exception under ORS 197.732 (2)(a) or (b). [1989 c.525...
215.457 Youth camps allowed in forest zones and mixed farm and forest zones.
A person may establish a youth camp on land zoned for forest use or mixed farm and forest use, consistent with rules adopted by the...
215.459 Private campground in forest zones and mixed farm and forest zones; yurts; rules.
(1)(a) Subject to the approval of the county governing body or its designee, a private campground may be established in an area zoned for forest...
215.460 [1963 c.619 §15; repealed by 1971 c.13 §1]
215.503 Legislative act by ordinance; mailed notice to individual property owners required by county for land use actions.
(1) As used in this section, �owner� means the owner of the title to real property or the contract purchaser of real property, of record...
215.505 [1969 c.324 §1; repealed by 1977 c.664 §42]
215.508 [1977 c.664 §38; repealed by 1999 c.1 §8]
215.510 [1969 c.324 §2; 1973 c.80 §47; repealed by 1977 c.664 §42]
215.513 Forwarding of notice to property purchaser.
(1) A mortgagee, lienholder, vendor or seller of real property who receives a mailed notice required by this chapter shall promptly forward the notice to...
215.515 [1969 c.324 §3; 1973 c.80 §48; repealed by 1977 c.766 §16]
215.520 [1969 c.324 §4; repealed by 1977 c.664 §42]
215.525 [1969 c.324 §6; repealed by 1977 c.664 §42]
215.530 [1969 c.324 §7; repealed by 1977 c.664 §42]
215.535 [1969 c.324 §5; 1973 c.80 §49; repealed by 1977 c.664 §42]
215.605 Counties authorized to adopt housing codes.
For the protection of the public health, welfare and safety, the governing body of a county may adopt ordinances establishing housing codes for the county,...
215.610 [1969 c.418 §2; 1979 c.190 §407; repealed by 1983 c.327 §16]
215.615 Application and contents of housing ordinances.
The provisions of housing code ordinances authorized by ORS 215.605 and this section shall apply to all buildings or portions thereof used, or designed or...
215.620 [1997 c.552 §30; renumbered 455.422 in 1999]
215.700 Resource land dwelling policy.
The Legislative Assembly declares that land use regulations limit residential development on some less productive resource land acquired before the owners could reasonably be expected...
215.705 Dwellings in farm or forest zone; criteria; transferability of application.
(1) A governing body of a county or its designate may allow the establishment of a single-family dwelling on a lot or parcel located within...
215.710 High-value farmland description for ORS 215.705.
(1) For purposes of ORS 215.705, high-value farmland is land in a tract composed predominantly of soils that, at the time the siting of a...
215.720 Criteria for forestland dwelling under ORS 215.705.
(1) A dwelling authorized under ORS 215.705 may be allowed on land zoned for forest use under a goal protecting forestland only if: (a) The...
215.730 Additional criteria for forestland dwellings under ORS 215.705.
(1) A local government shall require as a condition of approval of a single-family dwelling allowed under ORS 215.705 on lands zoned forestland that: (a)(A)...
215.740 Large tract forestland dwelling; criteria; rules.
(1) If a dwelling is not allowed under ORS 215.720 (1), a dwelling may be allowed on land zoned for forest use under a goal...
215.750 Alternative forestland dwellings; criteria.
(1) In western Oregon, a governing body of a county or its designate may allow the establishment of a single-family dwelling on a lot or...
215.755 Other forestland dwellings; criteria.
Subject to the approval of the governing body or its designee, the following dwellings may be established in any area zoned for forest use under...
215.780 Minimum lot or parcel sizes; land division to establish a dwelling; recordation.
(1) Except as provided in subsection (2) of this section, the following minimum lot or parcel sizes apply to all counties: (a) For land zoned...
215.783 Land division to preserve open space or park; qualification for special assessment.
(1) The governing body of a county or its designee may approve a proposed division of land in a forest zone or a mixed farm...
215.799 Location of dwellings on wildlife habitat land.
(1) New and existing dwellings may be allowed on a lot or parcel subject to wildlife habitat special assessment under ORS 308A.403 to 308A.430 as...
215.800 [1993 c.764 §1; 1997 c.504 §1; 2001 c.708 §8; 2003 c.454 §§86,88; 2003 c.621 §72; repealed by 2003 c.539 §33]
215.801 [2001 c.708 §7; 2003 c.454 §90; 2003 c.621 §73; repealed by 2003 c.539 §33]
215.802 [1993 c.764 §2; 1997 c.504 §2; 2001 c.708 §9; repealed by 2003 c.539 §33]
215.804 [1993 c.764 §3; 1997 c.504 §3; repealed by 2003 c.539 §33]
215.806 [1993 c.764 §4; 1999 c.59 §59; 2001 c.708 §10; repealed by 2003 c.539 §33]
215.808 [1993 c.764 §5; 1997 c.504 §4; 1999 c.314 §61; 1999 c.503 §8; 1999 c.842 §2; 2001 c.708 §11; 2003 c.454 §§92,94; 2003 c.621 §74; repealed by 2003 c.539 §33]
215.990 [Subsections (1) and (2) enacted as 1955 c.439 §11; subsection (5) enacted as 1969 c.324 §8; 1971 c.13 §4; repealed by 1977 c.766 §16]

Last modified: August 7, 2008