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The Comprehensive Plan in Oregon
- Develop factual base - includes inventories of communities’ physical and human resources, analysis of past trends, and projections of future trends usually for a 20-year period
- Develop functional elements - this is the main body of the plan where the goals are addressed. Plans are generally (although not always) organized by goals (e.g., land-use, natural resources, transportation, economic development, housing, etc.).
- Develop local goals - these determine the relative emphasis a community will place on economic growth, energy conservation, urbanization, alternative transportation modes, and many other matters of local concern.
- Develop Plan Map and Policies - local goals are addressed in the physical development pattern and in a set of written plan policies. Specific policies are further reflected in development criteria and standards contained in the communities implementing ordinances.
- Citizen Participation and Intergovernmental Coordination - are required under the Oregon system. Each plan must make specific provisions for citizen involvement and intergovernmental coordination in the planning process.
- Formal Adoption and Acknowledgment - the plan must be adopted by the appropriate decision-making bodies. The plan is then forwarded to DLCD for review and acknowledgment for consistency with Statewide Planning Goals.
Comprehensive plan components
- Citizen involvement
- Housing
- Commercial
- Industrial
- Recreation and open space
- Agriculture
- Forests
- Public facilities
- Transportation
- Urban Growth
Ordinances and measures for comprehensive plan implementation
- Land use regulations—land divisions, zoning, plan map
- Zoning regulations—zoning map, text
- Subdivision regulation
- Nonregulatory approaches
Land use regulations
Basically includes subdivision and zoning ordinances
Zoning regulations
What is zoning?
- The division of a municipality (or other governmental unit) into districts, and the regulation within those districts of:
- The height and bulk of buildings and other structures;
- The area of a lot which may be occupied and the size of required open spaces;
- The density of population;
- The uses of buildings and land for trade, industry, residence, or other purposes.
What special circumstances do zoning ordinances usually address?
- Conditional uses—zoning ordinances specify three types of permitted uses for each zone: outright uses, prohibited uses, and conditional uses. Conditional uses are uses that would not be appropriate throughout the zone, but would be beneficial to the community if their number, location, design, and relation to surrounding property were controlled.
Typical review criteria require the use be compatible with and have a minimal impact on the livability of abutting properties and the surrounding neighborhood. Examples of uses that are frequently conditional uses include churches, schools, nursing homes, fraternal organizations, public offices, etc.
- Variances—most zoning ordinances allow deviation for some standards in limited instances. The unique conditions where variances are allowed typically include: instances where the application of the standards would cause unnecessary hardship, such as the size or topography of a lot.
- Design review—many communities have design review to ensure that development is consistent with the communities vision. Under design review, the design of the development, including site design, and sometimes, off-site facilities, is evaluated for compliance with requirements such as density, preservation of light and air, provision of facilities , vehicle access, open space, landscaping, and visual screening.
- Planned unit development (PUD)—most communities have planned unit development ordinances. PUDs typically are applied to larger developments and are intended to allow developers flexibility in meeting standards of building siting, density, access, etc.
- Nonconforming uses—all communities have uses that do not conform with zoning standards when the zoning ordinance is adopted. These uses are called nonconforming uses. Most zoning ordinances have provisions for the continuance, expansion, rebuilding, or discontinuance of nonconforming uses.
- Exclusive farm use zones (EFU)—all counties are required to have exclusive farm use zones. Beyond the intent of preserving agricultural land, EFU zones also allow landowners to have their property assessed at its value for agriculture. This deferral of taxation reduces the impact of property values on farmers and reduces incentives to convert farmland to urban uses.
Related zoning provisions
- Floodplain regulation
- Sign control
- Geologic hazards regulation
- Historic, archaeological and cultural preservation
- Airport approach control
- Architectural control
- Estuary, beach, dunes, and coastal related regulations
Subdivision regulations
Controls partitioning of land including standards for:
- Street widths
- Street alignments and grades
- Curbs
- Sidewalks
- Lighting
- Dedication of land
Nonregulatory measures
- Capital improvement program
- Conservation easements
- Economic development program
- Public and publicly assisted housing
- Land banking and greenbelts
Land-Use Decisions
ORS 197.015 Defines land use decisions to:
(a) Include:
(A) A final decision or determination made by a local government or special district that concerns the adoption, amendment or application of:
(i) The LCDC Goals;
(ii) A comprehensive plan provision;
(iii) A land use regulation; or
(iv) A new land use regulation; or
(B) A final decision or determination of a state agency other than the Commission with respect to which the agency is required to apply the goals.
(b) Not include a ministerial decision of a local government made under clear and objective standards contained in an acknowledged comprehensive plan or land use regulation and for which no right to a hearing is provided by the local government.
Types of Land-Use Decisions
Legislative - create and adopt as law general policies and regulations for future land use within a jurisdiction. Examples include the adoption or revision of a comprehensive plan, zoning regulations, or a subdivision ordinance. LCDC goals must be considered for legislative land-use decisions.
Quasi-Judicial - apply the law to specific land development or use proposals. Examples of quasi-judicial decisions include small-tract zoning designations, conditional use permits, and major land divisions. They typically involve the exercise of discretion by the decision-making official or body in applying general criteria of the plan or ordinance to the facts of a land development application. Quasi-judicial decisions always involve the property rights of specific persons.
Ministerial or Administrative - apply "clear and objective standards" for which the local government provides no right to a hearing. These decisions that are delegated to staff with the appropriate safeguards for the rights and interests of the affected parties. Examples include partitions or certain minor variances from standards.
Summary of Decision Requirements
Type of Decision Notification
Hearings
Findings
Appeal
Legislative Notice must be provided consistent with local policies--but also to specific groups, agencies and LCDC if application of goals is involved All local legislative land -use actions are required to be taken after a public hearing. Goal 2 requires land-use decisions have an "adequate factual base". These decisions must be supported by written findings. Land use decisions are subject to appeal only to LUBA. The scope of review only includes a determination of consistency with LCDC goals and the local comprehensive plan Quasi-Judicial Must identify the type of land use decision to be made and the time and place of the hearings Parties are entitled to present and rebut evidence presented by others. The proponent has the burden of proof. Evidence that is not included in testimony or as part of the record may not be cited as a basis for the decision. Decisions are not final until written findings have been adopted by the decision-making body. Failure to prepare and adopt "adequate" findings can result in reversal or remand of a decision. The law requires that a notice of a quasi-judicial decision be sent to all parties of the preceding. Decisions can be appealed directly to LUBA, but jurisdictions can provide more than one level of appeal. Ministerial or Administrative No required, but generally provided Not required. Not required. Can be appealed to the appropriate decision-making body.
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This page maintained by Bob Parker
February 07, 2001
