10 chapters · 349 sections in this title.
ORS 215.427 Deadlines for completeness determination and final action on application; procedure; exceptions; refund of fees
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(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…
ORS 215.429 Writ of mandamus authorized after deadline for final action; jurisdiction; process
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(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…
ORS 215.431 Plan amendments; hearings by planning commission or hearings officer; exceptions
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(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. (2) A decision of the planning commission or hearings officer on a pla…
ORS 215.433 Supplemental application for remaining permitted uses following denial of initial application
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(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 countys comprehensive plan and land use regulations in the zo…
ORS 215.435 Deadline for final action by county on remand of land use decision; exception
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(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 …
ORS 215.437 Writ of mandamus authorized after deadline following remand of land use decision
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(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…
ORS 215.438 Transmission towers; location; conditions
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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]
ORS 215.439 Solar energy systems in residential or commercial zones
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(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. (2) The installation and use on a commercial structure of a …
ORS 215.441 Use of real property for religious activities
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(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 activitie…
ORS 215.445 Use of private property for mobile medical clinic
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(1) As used in this section: (a) Health professional means a person licensed or certified by the: (A) Oregon Medical Board; (B) Oregon Board of Dentistry; or (C) Oregon State Board of Nursing. (b) Health services means the services that a health professional is licensed or ce…
ORS 215.446 Renewable energy facility; application; standards; notices
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(1) As used in this section: (a) Average electric generating capacity has the meaning given that term in ORS 469.300. (b) Energy generation area has the meaning given that term in ORS 469.300. (c) Renewable energy facility means: (A) A solar photovoltaic power generation fa…
ORS 215.447 Photovoltaic solar power generation facilities on high-value farmland
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(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.…
ORS 215.448 Home occupations; parking; where allowed; conditions
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(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 f…
ORS 215.449 Farm brewery; conditions; permissible uses; reporting
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(1) As used in this section: (a) Agri-tourism or other commercial events includes outdoor concerts for which admission is charged, educational, cultural, health or lifestyle events, facility rentals, celebratory gatherings and other events at which the promotion of malt beverag…
ORS 215.451 Cider business; conditions; permissible uses; reporting
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(1) As used in this section: (a) Agri-tourism or other commercial events includes outdoor concerts for which admission is charged, educational, cultural, health or lifestyle events, facility rentals, celebratory gatherings and other events at which the promotion of cider produc…
ORS 215.452 Winery; conditions; permissible uses
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(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: (a) Less than 50,000 gallons and: (A…
ORS 215.453 Large winery; conditions; permissible uses
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(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: (a) The winery owns and is sited on a tract of 80 acres or more, at least 50 acres of which is a v…
ORS 215.454 Lawful continuation of certain winery-related uses or structures
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(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 establishe…
ORS 215.455 Effect of approval of winery on land use laws
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Any winery approved under ORS 215.213, 215.283, 215.284, 215.452 and 215.453 is not a basis for an exception under ORS 197.732 (2)(a) or (b). [1989 c.525 §5; 2007 c.71 §73; 2011 c.679 §9]
ORS 215.456 Siting winery as commercial activity in exclusive farm use zone
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(1) A local government may authorize the siting of a winery, on land zoned for exclusive farm use, pursuant to the standards that apply to a commercial activity in conjunction with farm use under ORS 215.213 (2)(c) or 215.283 (2)(a) or other law if the winery: (a) Does not qualif…
ORS 215.457 Youth camps allowed in forest zones and mixed farm and forest zones
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A person may establish a youth camp: (1) On land zoned for forest use or mixed farm and forest use, consistent with rules adopted by the Land Conservation and Development Commission. (2) On land in eastern Oregon, as defined in ORS 321.805, that is zoned for exclusive farm use an…
ORS 215.459 Private campground in forest zones and mixed farm and forest zones; yurts; rules
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(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 use or mixed farm and forest use. Subject to the approval of the county governing body or its designee, the campground may provide yurt…
ORS 215.461 Guest ranch; conditions; permissible uses; reporting
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(1) As used in this section and ORS 215.462: (a) Guest lodging unit means a guest room in a lodge, bunkhouse, cottage or cabin used only for transient overnight lodging and not for a permanent residence. (b) Guest ranch means a facility for guest lodging units, passive recrea…
ORS 215.462 Limitations on guest ranch
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(1) Notwithstanding ORS 215.283, the governing body of a county or its designee may not allow a guest ranch in conjunction with: (a) A campground as described in ORS 215.283 (2). (b) A golf course as described in ORS 215.283 (2). (2) Notwithstanding ORS 215.263, the governing bod…
ORS 215.490 Recreational vehicles on occupied residential properties
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(1) As used in this section: (a) Recreational vehicle means a recreational vehicle that has not been rendered structurally immobile and is titled with the Department of Transportation. (b) Rural area means an area zoned for rural residential use as defined in ORS 215.501 or l…
ORS 215.495 Accessory dwelling units
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(1) As used in this section: (a) Accessory dwelling unit has the meaning given that term in ORS 215.501. (b) Area zoned for rural residential use has the meaning given that term in ORS 215.501. (c) Single-unit dwelling has the meaning given that term in ORS 215.501. (2) Con…
ORS 215.501 Conversion of historic homes to accessory dwelling units
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(1) As used in this section: (a) Accessory dwelling unit means a residential structure that is used in connection with or that is auxiliary to a single-unit dwelling. (b) Area zoned for rural residential use means land that is not located inside an urban growth boundary as de…
ORS 215.503 Legislative act by ordinance; mailed notice to individual property owners required by county for land use actions
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(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 as shown on the last available complete tax assessment roll. (2) All legislative acts relating to comprehensive plans, land use planning or zon…
ORS 215.513 Forwarding of notice to property purchaser
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(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 the purchaser of the property. Each mailed notice required by this chapter shall contain the following statement: NOTICE TO M…
ORS 215.605 Counties authorized to adopt housing codes
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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, or any portion thereof, except where housing code ordinances are in effect on August 22, 1969, or where such ordinances are …
ORS 215.606 Standards for clustered mailboxes in county roads and rights-of-way
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Each county in this state shall adopt standards and specifications for clustered mailboxes within the boundaries of county roads and rights-of-way that conform to the standards and specifications for such mailboxes contained in the State of Oregon Structural Specialty Code. [2011…
ORS 215.615 Application and contents of housing ordinances
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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 intended to be used for human habitation, and shall include, but not be limited to: (1) Standards for space, occupancy, light…
ORS 215.700 Resource land dwelling policy
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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 to know of the regulations. In order to assist these owners while protecting the states more pr…
ORS 215.705 Dwellings in farm or forest zone; criteria; transferability of application
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(1) A governing body of a county or its designate may allow the establishment of a single-unit dwelling on a lot or parcel located within a farm or forest zone as set forth in this section and ORS 215.710, 215.720, 215.740 and 215.750 after notifying the county assessor that the …
ORS 215.710 High-value farmland description for ORS 215.705
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(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 dwelling is approved for the tract, are: (a) Irrigated and classified prime, unique, Class I or Class II; or (b) Not irrigated and classified …
ORS 215.720 Criteria for forestland dwelling under ORS 215.705
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(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 tract on which the dwelling will be sited is in western Oregon, as defined in ORS 321.257, and is composed of soils not capable of producing…
ORS 215.730 Additional criteria for forestland dwelling under ORS 215.705
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(1) A local government shall require as a condition of approval of a single-unit dwelling allowed under ORS 215.705 on lands zoned forestland that: (a)(A) If the lot or parcel is more than 30 acres in eastern Oregon as defined in ORS 321.805, the property owner submits a stocking…
ORS 215.740 Large tract forestland dwelling; criteria; rules
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(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 protecting forestland if it complies with other provisions of law and is sited on a tract: (a) In eastern Oregon of at least 240 contiguous acres except as …
ORS 215.750 Alternative forestland dwelling; criteria
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(1) As used in this section, center of the subject tract means the mathematical centroid of the tract. (2) In western Oregon, a governing body of a county or its designate may allow the establishment of a single-unit dwelling on a lot or parcel located within a forest zone if t…
ORS 215.755 Other forestland dwellings; criteria
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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 a land use planning goal protecting forestland, provided that the requirements of the acknowledged comprehensive plan, land use regulat…
ORS 215.757 Accessory dwellings supporting family forestry; conditions
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(1) As used in this section, owner or a relative means the owner of the lot or parcel, or a relative of the owner or the owners spouse, including a child, parent, stepparent, grandchild, grandparent, stepgrandparent, sibling, stepsibling, niece, nephew or first cousin of eithe…
ORS 215.760 Agricultural buildings on land zoned for forest use or mixed farm and forest use
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(1) An agricultural building, as defined in ORS 455.315, customarily provided in conjunction with farm use or forest use is an authorized use on land zoned for forest use or for mixed farm and forest use. (2) A person may not convert an agricultural building authorized by this se…
ORS 215.780 Minimum lot or parcel sizes; land division to establish a dwelling; recordation
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(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 for exclusive farm use and not designated rangeland, at least 80 acres; (b) For land zoned for exclusive farm use and designated rangeland…
ORS 215.783 Land division to preserve open space or park; qualification for special assessment
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(1) The governing body of a county or its designee may approve a proposed division by partition of land in a forest zone or a mixed farm and forest zone to create one new parcel if the proposed division of land is for the purpose of allowing a provider of public parks or open spa…
ORS 215.785 Exception to minimum lot or parcel sizes
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(1) As used in this section, notwithstanding ORS 215.010, parcel has the meaning given that term in ORS 92.010. (2) Notwithstanding the minimum lot or parcel size established under ORS 215.780 (1), when a portion of a lawfully established unit of land has been included within a…
ORS 215.788 Legislative review of lands zoned for farm and forest use; criteria
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(1) For the purposes of correcting mapping errors made in the acknowledgment process and updating the designation of farmlands and forestlands for land use planning, a county may conduct a legislative review of lands in the county to determine whether the lands planned and zoned …
ORS 215.791 Review of nonresource lands for ecological significance; inventory and protection of ecologically significant nonresource lands; criteria
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(1) If a county amends its comprehensive plan or a land use regulation mapping zoning designations under ORS 215.788 to 215.794, the county shall review lands that are planned or rezoned as nonresource lands to determine whether the lands contain ecologically significant natural …
ORS 215.794 Review of county rezoning designations; rules
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(1) A county shall submit decisions on planning and rezoning designations under ORS 215.788 to 215.794 to the Department of Land Conservation and Development for review pursuant to the procedures set forth in this section and ORS 197.659. (2) The department shall coordinate with:…
ORS 215.799 Location of dwellings on wildlife habitat land
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(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 follows: (a) Lawfully existing dwellings, pursuant to ORS 215.130 (5) to (11), may remain. (b) For a lot or parcel without an existing…