Title 21, Cities

Any incorporated city may acquire, by purchase or gift, any ground or other property belonging to any cemetery association, situate within the corporate limits of the city, for the purpose of owning, controlling or operating such cemetery and the interment of the body of any dece…

Whenever any cemetery association transfers to any incorporated city, as provided in ORS 226.420, the ground and property of such cemetery association, from and after such transfer the city shall have exclusive control of such cemetery and all property connected therewith.

Any incorporated city acquiring incorporated cemetery association property as provided in ORS 226.420, may sell or otherwise dispose of any lots or blocks situate in and being a part of such cemetery in the manner prescribed by the common council of such city.

All cities owning and controlling lands, lots or parcels of ground used for cemetery purposes may expend, for the purpose of beautifying, caring for and keeping up all such lands and premises, such public funds as have been included for that purpose in their annual budget.

It hereby is found and declared: (1) That there exists within municipal corporations of the state, cemeteries which have been abandoned and cemeteries which have deteriorated and become dilapidated and overgrown with weeds, trees, shrubs or other uncontrolled growth. (2) That suc…

As used in ORS 226.510 to 226.640: (1) “Abandoned cemetery” means a cemetery in which remains have not been interred in the last five years and: (a) That does not have a known owner; (b) For which the last known owner is deceased and the title was not conveyed; or (c) That was ow…

Any municipal corporation, by and through its governing body, in addition to the powers and privileges heretofore conferred upon municipal corporations by the laws of this state, shall for the purposes of ORS 226.530 to 226.630 have the power to: (1) Acquire cemeteries and cemete…

(1) The governing body of a municipal corporation may hold a public hearing regarding an abandoned cemetery, or deteriorated and neglected cemetery, that is within the boundaries of the municipal corporation if: (a) The cemetery could, because of its location, endanger the health…

Upon a finding by the governing body of a municipal corporation, after such hearing, that a cemetery located within such corporation is abandoned, or has become deteriorated or dilapidated and overgrown with weeds, trees, shrubs or other uncontrolled growth, and is so located as …

Upon the adoption of a resolution or ordinance, as provided for by ORS 226.540 and 226.550, the governing body of said municipal corporation may provide for the expenditure of public funds necessary for the disinterment, removal and reinterment of remains and any and all other ex…

Upon the adoption by the governing body of a municipal corporation of an ordinance or resolution, as provided by ORS 226.540 and 226.550, such governing body shall have the authority, by an action filed in the circuit court of the State of Oregon for the county in which such muni…

The complaint in any suit brought under the provisions of ORS 226.510 to 226.640 shall include as defendants the names of all record owners of lots, or plots located in the cemetery sought to be condemned or any portion or parcel of such cemetery, and the names of the heirs of al…

The summons in the action shall be served on all named defendants who, by diligent search, can be found, in a like manner as service of summons in a civil action. Service of summons on named defendants who cannot be found may be made by publication as provided in ORCP 7. Service …

All such persons or parties having or claiming any right, title, estate or interest in the real property in controversy, so served by publication as in ORS 226.590 provided, shall have the same rights as provided by law in case of all other defendants upon whom service is made by…

The matter of compensation, if any, shall be determined by a jury called for such purpose; and the court shall, in addition to other instructions, instruct that the jury shall consider the following factors as a benefit and offset: (1) The cost of a suitable reinterment site. (2)…

Whenever any municipal corporation shall have proceeded under ORS 226.510 to 226.640, and a judgment of the court shall vest in said municipal corporation the title to such cemetery properties, as referred to herein, by eminent domain, such municipal corporation shall proceed wit…

(1) The removal of remains, headstones and other evidence of the locations of graves, and the clearance of the cemetery property, may be done under the direct supervision of the governing body of the municipal corporation, or such commission as such governing body may appoint, an…

(1) The State Parks and Recreation Department may issue a permit to an entity to restore, maintain and preserve an abandoned cemetery. (2) An entity issued a permit under subsections (1) to (5) of this section may: (a) Restore, maintain and preserve the grounds of the abandoned c…

Violation of ORS 226.190 is punishable, upon conviction, in the same manner and to the same extent as for a crime defined in ORS 164.043, 164.045, 164.055 and 164.057. [Amended by 1971 c.743 §347; 1987 c.907 §14] _______________

As used in ORS 227.030 to 227.300, “council” means a representative legislative body. [Amended by 1975 c.767 §1]

(1) A city may create a planning commission for the city and provide for its organization and operations. (2) This section shall be liberally construed and shall include the authority to create a joint planning commission and to utilize an intergovernmental agency for planning as…

(1) Not more than two members of a city planning commission may be city officers, who shall serve as ex officio nonvoting members. (2) A member of such a commission may be removed by the appointing authority, after hearing, for misconduct or nonperformance of duty. (3) Any vacanc…

(1) Except as otherwise provided by the city council, a city planning commission may: (a) Recommend and make suggestions to the council and to other public authorities concerning: (A) The laying out, widening, extending and locating of public thoroughfares, parking of vehicles, r…

As used in ORS 227.100 and 227.110, “subdivision” and “plat” have the meanings given those terms in ORS 92.010. [1955 c.756 §28]

All subdivision plats located within the city limits, and all plans or plats for vacating or laying out, widening, extending, parking and locating streets or plans for public buildings shall first be submitted to the commission by the city engineer or other proper municipal offic…

(1) All subdivision plats and all plats or deeds dedicating land to public use in that portion of a county within six miles outside the limits of any city shall first be submitted to the city planning commission or, if no such commission exists, to the city engineer of the city a…

Within six miles of the limits of any city, the commission, if there is one, or if no such commission legally exists, then the city engineer, shall recommend to the city council the renaming of any existing street, highway or road, other than a county road or state highway, if in…

As used in ORS 227.160 to 227.186: (1) “Hearings officer” means a planning and zoning hearings officer appointed or designated by a city council under ORS 227.165. (2) “Permit” means discretionary approval of a proposed development of land, under ORS 227.215 or city legislation o…

A city may appoint one or more planning and zoning hearings officers, to serve at the pleasure of the appointing authority. Such an officer shall conduct hearings on applications for such classes of permits and zone changes as the council designates. [1973 c.739 §7; 1975 c.767 §6…

(1) The city council shall prescribe one or more procedures for the conduct of hearings on permits and zone changes. (2) The city council shall prescribe one or more rules stating that all decisions made by the council on permits and zone changes will be based on factual informat…

(1) As used in this section: (a) “Casino” means a facility in which casino games, as defined in ORS 167.117, are played for the purpose of gambling. (b) “Tribal casino” means a facility used for: (A) Class I gaming or class II gaming regulated by the Indian Gaming Regulatory Act …

(1) Approval or denial of a discretionary permit application must be based on standards and criteria that are set forth in the development ordinance and that relate approval or denial of a discretionary permit application to the development ordinance and the comprehensive plan fo…

(1) When required or authorized by a city, an owner of land may apply in writing to the hearings officer, or such other person as the city council designates, for a permit or zone change, upon such forms and in such a manner as the city council prescribes. The governing body shal…

(1) Except as provided in subsections (3), (5) and (11) of this section, the governing body of a city or its designee shall take final action on an application, including resolution of all appeals under ORS 227.180, within the shortest applicable period of the following periods, …

(1) If the governing body of a city or its designee does not take final action on an application within the period allowed under ORS 227.178, 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 sub…

(1)(a) A party aggrieved by the action of a hearings officer may appeal the action to the planning commission or council of the city, or both, however the council prescribes. The appellate authority on its own motion may review the action. The procedure for such an appeal or revi…

(1) Pursuant to a final order of the Land Use Board of Appeals under ORS 197.830 remanding a decision to a city, the governing body of the city 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 …

(1) If the governing body of a city 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 227.181, the applicant may file a petition for a writ of mandamus as provided in ORS 34.105 t…

(1) A person whose application is denied by the governing body of a city or its designee under ORS 227.178 may submit to the city a supplemental application for any or all other uses allowed under the city’s comprehensive plan and land use regulations in the zone that was the sub…

The governing body of a city or its designee may allow the establishment of a transmission tower over 200 feet in height in any zone subject to reasonable conditions imposed by the governing body or its designee. [1983 c.827 §27a; 2019 c.13 §35]

(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…

A city shall maintain copies of its comprehensive plan and land use regulations, as defined in ORS 197.015, for sale to the public. [1991 c.363 §3]

(1) A city governing body may authorize the planning commission or hearings officer to conduct hearings and make final decisions on applications for amendments to the city comprehensive plan map. (2)(a) A final decision of the planning commission or hearings officer made under su…

(1) City councils may adopt and implement solar access ordinances. The ordinances shall provide and protect to the extent feasible solar access to the south face of buildings during solar heating hours, taking into account latitude, topography, microclimate, existing development,…

Solar access ordinances shall not be in conflict with acknowledged comprehensive plans and land use regulations. [1981 c.722 §6]

(1) 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 to 92.285, and creati…

The council may provide for enforcement of any legislation established under ORS 227.215. [Amended by 1975 c.767 §14]

City land use regulations that allow the resumption of a nonconforming use after its interruption or abandonment may not consider a use interrupted or abandoned during the time that a federal, state or local emergency order limits or prohibits the use or the repair or replacement…

City ordinances regulating the location, construction, maintenance, repair, alteration, use and occupancy of land and buildings and other structures shall apply to publicly owned property, except as the ordinances prescribe to the contrary. [1969 c.460 §3 (enacted in lieu of 227.…

(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 u…