Chapter 215 — Chapter 215

ORS 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 provisions under ORS 197.247 (1991 Edition), 215.213, 215.214 (1991 Edition), 215.288 (1991 Edition), 215.317, 215.327 and 215.337 (1991 Edition) may continue to apply those provisions. After January 1, 1993, no county may adopt marginal lands provisions

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ORS 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)

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ORS 215.320 [Repealed by 1971 c.13 §1]

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ORS 215.325 [1953 c.662 §6; 1963 c.9 §4; repealed by 1971 c.13 §1]

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ORS 215.327 Divisions of marginal land. A county may allow the following divisions of marginal land

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ORS 215.330 [Repealed by 1971 c.13 §1]

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ORS 215.337 [1983 c.826 §4a; repealed by 1993 c.792 §55]

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ORS 215.340 [Repealed by 1971 c.13 §1]

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ORS 215.350 [Amended by 1953 c.662 §7; repealed by 1971 c.13 §1]

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ORS 215.360 [Amended by 1953 c.662 §7; subsection (2) enacted as 1953 c.662 §1; repealed by 1971 c.13 §1]

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ORS 215.370 [Repealed by 1971 c.13 §1]

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ORS 215.380 [Amended by 1955 c.652 §4; repealed by 1971 c.13 §1]

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ORS 215.390 [Repealed by 1971 c.13 §1]

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ORS 215.395 [1953 c.662 §3; 1955 c.652 §5; repealed by 1971 c.13 §1]

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ORS 215.398 [1955 c.652 §2; repealed by 1971 c.13 §1]

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ORS 215.400 [Repealed by 1971 c.13 §1]

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ORS 215.401 Preapplication process for land use approval of disposal site for composting. (1) As used in this section

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ORS 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

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ORS 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 authority. The hearings officer shall conduct hearings on applications for such classes of permits and contested cases as the county governing body designates

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ORS 215.410 [Repealed by 1971 c.13 §1]

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ORS 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

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ORS 215.415 [1953 c.662 §5; repealed by 1971 c.13 §1]

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ORS 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 as the governing body designates, for a permit, in the manner prescribed by the governing body. The governing body shall establish fees charged for processing permits at an amount no more than the actual or average cost of providing that service

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ORS 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 under ORS 215.010 to 215.293 or 215.317 to 215.438 or under county legislation or regulation, the permit is valid for four years

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ORS 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 shall provide notice to the department, the applicant and the owner of record, within five working days of the acceptance of any complete application for the following that are wholly or partially within areas identified as wetlands on the Statewide Wetlands Inventory

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ORS 215.420 [Amended by 1955 c.439 §10; repealed by 1971 c.13 §1]

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ORS 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 governing body, or both, however the governing body prescribes. The appellate authority on its own motion may review the action. The procedure and type of hearing for such an appeal or review shall be prescribed by the governing body, but shall not require the notice of appeal to be filed within less than seven days after the date the governing body mails or delivers the decision to the parties

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ORS 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 ORS 197.195 and 197.828 if

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ORS 215.427 Deadlines for completeness determination and final action on application; procedure; exceptions; refund of fees. (1) Except as provided in subsections (3), (5) and (10) of this section, the governing body of a county or its designee shall take final action on an application, including resolution of all appeals under ORS 215.422, within the shortest applicable period of the following periods, all of which begin on the date that the application is deemed complete

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ORS 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)]

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ORS 215.429 Writ of mandamus authorized after deadline for final action; jurisdiction; process. (1) If the governing body of the county or its designee does not take final action on an application within the period allowed under ORS 215.427, the applicant may file a petition for a writ of mandamus under ORS 34.130 in the circuit court of the county where the application was submitted to compel the governing body or its designee to issue the approval

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ORS 215.430 [1955 c.682 §2; repealed by 1971 c.13 §1]

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ORS 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 and to make decisions on such applications

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ORS 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 to the county a supplemental application for any or all other uses allowed under the county’s comprehensive plan and land use regulations in the zone that was the subject of the denied application

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ORS 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 of the county or its designee shall take final action on an application for a permit, limited land use decision or zone change within 120 days of the effective date of the final order issued by the board. For purposes of this subsection, the effective date of the final order is the last day for filing a petition for judicial review of a final order of the board under ORS 197.850 (3). If judicial review of a final order of the board is sought under ORS 197.830, the 120-day period established under this subsection shall not begin until final resolution of the judicial review

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ORS 215.437 Writ of mandamus authorized after deadline following 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 decision or zone change within 120 days as provided in ORS 215.435, the applicant may file a petition for a writ of mandamus as provided in ORS 34.105 to 34.240. The court shall set the matter for trial as soon as practicable but not more than 15 days from the date a responsive pleading pursuant to ORS 34.170 is filed, unless the court has been advised by the parties that the matter has been settled

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ORS 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 subject to reasonable conditions imposed by the governing body or its designate. [1983 c.827 §23a]

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ORS 215.439 Solar energy systems in residential or commercial zones. (1) The installation and use on a residential structure of a solar photovoltaic energy system or a solar thermal energy system is an outright permitted use in any zone in which residential structures are an allowed use

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ORS 215.440 [1955 c.682 §3; repealed by 1971 c.13 §1]

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ORS 215.441 Use of real property for religious activities. (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 rules and local zoning ordinances and regulations, a county shall allow the reasonable use of the real property for activities customarily associated with the practices of the religious activity, including

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ORS 215.445 Use of private property for mobile medical clinic. (1) As used in this section

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ORS 215.446 Renewable energy facility; application; standards; notices. (1) As used in this section

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ORS 215.447 Photovoltaic solar power generation facilities on high-value farmland. (1) As used in this section, “photovoltaic solar power generation facility” means an assembly of equipment and components that has the primary purpose of converting sunlight into electricity by photovoltaic effect and has the capability of storing or transferring the electricity

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ORS 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 of a home occupation and the parking of vehicles in any zone. However, in an exclusive farm use zone, forest zone or a mixed farm and forest zone that allows residential uses, the following standards apply to the home occupation

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ORS 215.449 Farm brewery; conditions; permissible uses; reporting. (1) As used in this section

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ORS 215.450 [1955 c.682 §4; repealed by 1971 c.13 §1]

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ORS 215.451 Cider business; conditions; permissible uses; reporting. (1) As used in this section

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ORS 215.452 Winery; conditions; permissible uses. (1) A winery may be established as a permitted use on land zoned for exclusive farm use under ORS 215.213 (1)(p) and 215.283 (1)(n) or on land zoned for mixed farm and forest use if the winery produces wine with a maximum annual production of

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ORS 215.453 Large winery; conditions; permissible uses. (1) A winery may be established as a permitted use on land zoned for exclusive farm use under ORS 215.213 (1)(p) or 215.283 (1)(n) or on land zoned for mixed farm and forest use if

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ORS 215.454 Lawful continuation of certain winery-related uses or structures. (1)(a) A use or structure in an area zoned for exclusive farm use that exists on June 28, 2011, may be lawfully continued, altered, restored or replaced pursuant to ORS 215.130 if the use or structure is located on the same tract, as defined in ORS 215.010, as a winery established under ORS 215.213 (1)(p) or 215.283 (1)(n) that produced more than 250,000 gallons of wine in calendar year 2010

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