ORS Chapter 197 — Comprehensive Land Use

ORS 197.015. Definitions for ORS chapters 195, 196, 197 and 197A. As used in ORS chapters 195, 196, 197 and 197A, unless the context requires otherwise: (1) Acknowledgment means a commission order that certifies that a comprehensive plan and land use regulations, land use regulation or plan or regulation amendment complies with the goals or certifies that Metro land use planning goals and objectives, Metro regional framework plan, amendments to Metro planning goals and objectives or amendments to the Metro regional framework plan comply with the goals. (2) Board means the Land Use Board of Appeals. (3) Carport means a stationary structure consisting of a roof with its supports and not more than one wall, or storage cabinet substituting for a wall, and used for sheltering a motor vehicle. (4) Commission means the Land Conservation and Development Commission. (5) Comprehensive plan means a generalized, coordinated land use map and policy statement of the governing body of a local government that interrelates all functional and natural systems and activities relating to the use of lands, including but not limited to sewer and water systems, transportation systems, educational facilities, recreational facilities, and natural resources and air and water quality management programs. Comprehensive means all-inclusive, both in terms of the geographic area covered and functional and natural activities and systems occurring in the area covered by the plan. General nature means a summary of policies and proposals in broad categories and does not necessarily indicate specific locations of any area, activity or use. A plan is coordinated when the needs of all levels of governments, semipublic and private agencies and the citizens of Oregon have been considered and accommodated as much as possible. Land includes water, both surface and subsurface, and the air. (6) Department means the Department of Land Conservation and Development. (7) Director means the Director of the Department of Land Conservation and Development. (8) Goals means the mandatory statewide land use planning standards adopted by the commission pursuant to ORS chapters 195, 196, 197 and 197A. (9) Guidelines means suggested approaches designed to aid cities and counties in preparation, adoption and implementation of comprehensive plans in compliance with goals and to aid state agencies and special districts in the preparation, adoption and implementation of plans, programs and regulations in compliance with goals. Guidelines are advisory and do not limit state agencies, cities, counties and special districts to a single approach. (10) Land use decision: (a) Includes: (A) A final decision or determination made by a local government or special district that concerns the adoption, amendment or application of: (i) The goals; (ii) A comprehensive plan provision; (iii) A land use regulation; or (iv) A new land use regulation; (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; or (C) A decision of a county planning commission made under ORS 433.763; (b) Does not include a decision of a local government: (A) That is made under land use standards that do not require interpretation or the exercise of policy or legal judgment; (B) That approves or denies a building permit issued under clear and objective land use standards; (C) That is a limited land use decision; (D) That determines final engineering design, construction, operation, maintenance, repair or preservation of a transportation facility that is otherwise authorized by and consistent with the comprehensive plan and land use regulations; (E) That is an expedited land division as described in ORS 197.360; (F) That approves, pursuant to ORS 480.450 (7), the siting, installation, maintenance or removal of a liquefied petroleum gas container or receptacle regulated exclusively by the State Fire Marshal under ORS 480.410 to 480.460; (G) That approves or denies approval of a final subdivision or partition plat or that determines whether a final subdivision or partition plat substantially conforms to the tentative subdivision or partition plan; or (H) That a proposed state agency action subject to ORS 197.180 (1) is compatible with the acknowledged comprehensive plan and land use regulations implementing the plan, if: (i) The local government has already made a land use decision authorizing a use or activity that encompasses the proposed state agency action; (ii) The use or activity that would be authorized, funded or undertaken by the proposed state agency action is allowed without review under the acknowledged comprehensive plan and land use regulations implementing the plan; or (iii) The use or activity that would be authorized, funded or undertaken by the proposed state agency action requires a future land use review under the acknowledged comprehensive plan and land use regulations implementing the plan; (c) Does not include a decision by a school district to close a school; (d) Does not include, except as provided in ORS 215.213 (13)(c) or 215.283 (6)(c), authorization of an outdoor mass gathering as defined in ORS 433.735, or other gathering of fewer than 3,000 persons that is not anticipated to continue for more than 120 hours in any three-month period; and (e) Does not include: (A) A writ of mandamus issued by a circuit court in accordance with ORS 215.429 or 227.179; (B) Any local decision or action taken on an application subject to ORS 215.427 or 227.178 after a petition for a writ of mandamus has been filed under ORS 215.429 or 227.179; or (C) A state agency action subject to ORS 197.180 (1), if: (i) The local government with land use jurisdiction over a use or activity that would be authorized, funded or undertaken by the state agency as a result of the state agency action has already made a land use decision approving the use or activity; or (ii) A use or activity that would be authorized, funded or undertaken by the state agency as a result of the state agency action is allowed without review under the acknowledged comprehensive plan and land use regulations implementing the plan. (11) Land use regulation means any local government zoning ordinance, land division ordinance adopted under ORS 92.044 or 92.046 or similar general ordinance establishing standards for implementing a comprehensive plan. (12) Limited land use decision: (a) Means a final decision or determination made by a local government pertaining to a site within an urban growth boundary that concerns: (A) The approval or denial of a tentative subdivision or partition plan, as described in ORS 92.040 (1). (B) The approval or denial of an application based on discretionary standards designed to regulate the physical characteristics of a use permitted outright, including but not limited to site review and design review. (b) Does not mean a final decision made by a local government pertaining to a site within an urban growth boundary that concerns approval or denial of a final subdivision or partition plat or that determines whether a final subdivision or partition plat substantially conforms to the tentative subdivision or partition plan. (13) Local government means any city, county or Metro or an association of local governments performing land use planning functions under ORS 195.025. (14) Metro means a metropolitan service district organized under ORS chapter 268. (15) Metro planning goals and objectives means the land use goals and objectives that Metro may adopt under ORS 268.380 (1)(a). The goals and objectives do not constitute a comprehensive plan. (16) Metro regional framework plan means the regional framework plan required by the 1992 Metro Charter or its separate components. Neither the regional framework plan nor its individual components constitute a comprehensive plan. (17) New land use regulation means a land use regulation other than an amendment to an acknowledged land use regulation adopted by a local government that already has a comprehensive plan and land regulations acknowledged under ORS