reglab/housing_qa huggingface dataset:
OR Rev Stat § 215.317 (2021)
2021 Oregon Revised Statutes|Volume : 06 - Local Government, Public Employees, Elections|Chapter 215 - County Planning; Zoning; Housing Codes|Section 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): (a) Intensive farm or forest operations, including but not limited to "farm use" as defined in ORS 215.203. (b) Part-time farms. (c) Woodlots. (d) One single-family dwelling on a lot or parcel created under ORS 215.327 (1) or (2). (e) One single-family dwelling on a lot or parcel of any size if the lot or parcel was created before July 1, 1983, subject to subsection (2) of this section. (f) The nonresidential uses authorized in exclusive farm use zones under ORS 215.213 (1) and (2). (g) One manufactured dwelling or recreational vehicle in conjunction with an existing dwelling as a temporary use for the term of a hardship suffered by the existing resident or a relative of the resident. (2) If a lot or parcel described in subsection (1)(e) of this section is located within the Willamette River Greenway, a floodplain or a geological hazard area, approval of a single-family dwelling shall be subject to local ordinances relating to the Willamette River Greenway, floodplains or geological hazard areas, whichever is applicable. [1983 c.826 §3; 1989 c.648 §62; 1993 c.792 §24; 1997 c.249 §60; 1999 c.640 §3]
OR Rev Stat § 215.327 (2021)
2021 Oregon Revised Statutes|Volume : 06 - Local Government, Public Employees, Elections|Chapter 215 - County Planning; Zoning; Housing Codes|Section 215.327 - Divisions of marginal land.

A county may allow the following divisions of marginal land: (1) Divisions of land to create a parcel or lot containing 10 or more acres if the lot or parcel is not adjacent to land zoned for exclusive farm use or forest use or, if it is adjacent to such land, the land qualifies for designation as marginal land under ORS 197.247 (1991 Edition). (2) Divisions of land to create a lot or parcel containing 20 or more acres if the lot or parcel is adjacent to land zoned for exclusive farm use and that land does not qualify for designation as marginal land under ORS 197.247 (1991 Edition). (3) Divisions of land to create a parcel or lot necessary for those uses authorized by ORS 215.317 (1)(f). [1983 c.826 §4; 1993 c.792 §25]
OR Rev Stat § 215.402 (2021)
2021 Oregon Revised Statutes|Volume : 06 - Local Government, Public Employees, Elections|Chapter 215 - County Planning; Zoning; Housing Codes|Section 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: (1) "Contested case" means a proceeding in which the legal rights, duties or privileges of specific parties under general rules or policies provided under ORS 215.010 to 215.311, 215.317, 215.327, 215.402 to 215.438 and 215.700 to 215.780, or any ordinance, rule or regulation adopted pursuant thereto, are required to be determined only after a hearing at which specific parties are entitled to appear and be heard. (2) "Hearing" means a quasi-judicial hearing, authorized or required by the ordinances and regulations of a county adopted pursuant to ORS 215.010 to 215.311, 215.317, 215.327, 215.402 to 215.438 and 215.700 to 215.780: (a) To determine in accordance with such ordinances and regulations if a permit shall be granted or denied; or (b) To determine a contested case. (3) "Hearings officer" means a planning and zoning hearings officer appointed or designated by the governing body of a county under ORS 215.406. (4) "Permit" means discretionary approval of a proposed development of land under ORS 215.010 to 215.311, 215.317, 215.327 and 215.402 to 215.438 and 215.700 to 215.780 or county legislation or regulation adopted pursuant thereto. "Permit" does not include: (a) A limited land use decision as defined in ORS 197.015; (b) A decision which determines the appropriate zoning classification for a particular use by applying criteria or performance standards defining the uses permitted within the zone, and the determination applies only to land within an urban growth boundary; (c) A decision which determines final engineering design, construction, operation, maintenance, repair or preservation of a transportation facility which is otherwise authorized by and consistent with the comprehensive plan and land use regulations; or (d) An expedited land division, as described in ORS 197.360. [1973 c.552 §12; 1977 c.654 §1; 1981 c.748 §49; 1991 c.817 §8; 1995 c.79 §77; 1995 c.595 §12; 2001 c.672 §15; 2015 c.260 §4]
OR Rev Stat § 215.406 (2021)
2021 Oregon Revised Statutes|Volume : 06 - Local Government, Public Employees, Elections|Chapter 215 - County Planning; Zoning; Housing Codes|Section 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. (2) In the absence of a hearings officer a planning commission or the governing body may serve as hearings officer with all the powers and duties of a hearings officer. [1973 c.552 §13; 1977 c.766 §10]
OR Rev Stat § 215.412 (2021)
2021 Oregon Revised Statutes|Volume : 06 - Local Government, Public Employees, Elections|Chapter 215 - County Planning; Zoning; Housing Codes|Section 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. (2) The governing body of a county by ordinance or order shall adopt rules stating that all decisions made by the governing body will be based on factual information, including adopted comprehensive plans and land use regulations. [1973 c.552 §14; 1977 c.766 §11; 1997 c.452 §2]
OR Rev Stat § 215.425 (2021)
2021 Oregon Revised Statutes|Volume : 06 - Local Government, Public Employees, Elections|Chapter 215 - County Planning; Zoning; Housing Codes|Section 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: (a) The aggregate resource site is identified as a significant resource site in the acknowledged comprehensive plan; (b) A program to achieve any statewide goal relating to open spaces, scenic and historic areas, and natural resources has been developed for the aggregate resource site and is included within applicable land use regulations; and (c) The decision concerns how, but not whether, aggregate resource use occurs. (2) The provisions of subsection (1) of this section do not apply to mineral and other uses not related to aggregate resources. [1991 c.817 §11]
OR Rev Stat § 215.429 (2021)
2021 Oregon Revised Statutes|Volume : 06 - Local Government, Public Employees, Elections|Chapter 215 - County Planning; Zoning; Housing Codes|Section 215.429 - Mandamus proceeding when county fails to take final action on land use application within specified time; jurisdiction; notice; peremptory writ.

(1) Except when an applicant requests an extension under ORS 215.427, if the governing body of the county or its designee does not take final action on an application for a permit, limited land use decision or zone change within 120 days or 150 days, as appropriate, after the application is deemed complete, 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. (2) The governing body shall retain jurisdiction to make a land use decision on the application until a petition for a writ of mandamus is filed. Upon filing a petition under ORS 34.130, jurisdiction for all decisions regarding the application, including settlement, shall be with the circuit court. (3) A person who files a petition for a writ of mandamus under this section shall provide written notice of the filing to all persons who would be entitled to notice under ORS 197.797 and to any person who participated orally or in writing in any evidentiary hearing on the application held prior to the filing of the petition. The notice shall be mailed or hand delivered on the same day the petition is filed. (4) If the governing body does not take final action on an application within 120 days or 150 days, as appropriate, of the date the application is deemed complete, the applicant may elect to proceed with the application according to the applicable provisions of the county comprehensive plan and land use regulations or to file a petition for a writ of mandamus under this section. If the applicant elects to proceed according to the local plan and regulations, the applicant may not file a petition for a writ of mandamus within 14 days after the governing body makes a preliminary decision, provided a final written decision is issued within 14 days of the preliminary decision. (5) The court shall issue a peremptory writ unless the governing body or any intervenor shows that the approval would violate a substantive provision of the county comprehensive plan or land use regulations as those terms are defined in ORS 197.015. The writ may specify conditions of approval that would otherwise be allowed by the county comprehensive plan or land use regulations. [1999 c.533 §7; 1999 c.393 §5]
OR Rev Stat § 215.431 (2021)
2021 Oregon Revised Statutes|Volume : 06 - Local Government, Public Employees, Elections|Chapter 215 - County Planning; Zoning; Housing Codes|Section 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. (2) A decision of the planning commission or hearings officer on a plan amendment may be appealed to the county governing body. (3) This section shall apply notwithstanding the provisions of ORS 215.050, 215.060 and 215.110. (4) A decision of a planning commission, hearings officer or county governing body under this section shall comply with the post-acknowledgment procedures set forth in ORS 197.610 to 197.625. (5) This section does not apply to: (a) Any plan amendment for which an exception is required under ORS 197.732; or (b) Except as provided under subsection (6) of this section, any lands designated under a statewide planning goal addressing agricultural lands or forestlands. (6)(a) If a county is acting on the remand of a decision from the Land Use Board of Appeals, the county governing body may authorize the planning commission or hearings officer to conduct hearings and make a decision under subsection (1) of this section for lands designated under a statewide planning goal addressing agricultural lands or forestlands. (b) The county governing body shall review a planning commission or hearings officer decision made under this subsection and shall: (A) Schedule a public hearing and issue a final decision on the application; (B) Leave the planning commission or hearings officer decision as the final county decision; or (C) Adopt the planning commission or hearings officer decision by consent order as the decision of the governing body. [1987 c.729 §20; 2018 c.117 §1]
OR Rev Stat § 215.433 (2021)
2021 Oregon Revised Statutes|Volume : 06 - Local Government, Public Employees, Elections|Chapter 215 - County Planning; Zoning; Housing Codes|Section 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. (2) The governing body of a county or its designee shall take final action on a supplemental application submitted under this section, including resolution of all appeals, within 240 days after the application is deemed complete. Except that 240 days shall substitute for 120 days or 150 days, as appropriate, all other applicable provisions of ORS 215.427 shall apply to a supplemental application submitted under this section. (3) A supplemental application submitted under this section shall include a request for any rezoning or zoning variance that may be required to issue a permit under the county’s comprehensive plan and land use regulations. (4) The governing body of the county or its designee shall adopt specific findings describing the reasons for approving or denying: (a) A use for which approval is sought under this section; and (b) A rezoning or variance requested in the application. [1999 c.648 §2; 1999 c.648 §2a]
OR Rev Stat § 215.435 (2021)
2021 Oregon Revised Statutes|Volume : 06 - Local Government, Public Employees, Elections|Chapter 215 - County Planning; Zoning; Housing Codes|Section 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. (2)(a) In addition to the requirements of subsection (1) of this section, the 120-day period established under subsection (1) of this section shall not begin until the applicant requests in writing that the county proceed with the application on remand, but if the county does not receive the request within 180 days of the effective date of the final order or the final resolution of the judicial review, the county shall deem the application terminated. (b) The 120-day period established under subsection (1) of this section may be extended for up to an additional 365 days if the parties enter into mediation as provided by ORS 197.860 prior to the expiration of the initial 120-day period. The county shall deem the application terminated if the matter is not resolved through mediation prior to the expiration of the 365-day extension. (3) The 120-day period established under subsection (1) of this section applies only to decisions wholly within the authority and control of the governing body of the county. (4) Subsection (1) of this section does not apply to a remand proceeding concerning a decision of the county making a change to an acknowledged comprehensive plan or a land use regulation that is submitted to the Director of the Department of Land Conservation and Development under ORS 197.610. [1999 c.545 §2; 2011 c.280 §11; 2015 c.522 §1]
OR Rev Stat § 215.437 (2021)
2021 Oregon Revised Statutes|Volume : 06 - Local Government, Public Employees, Elections|Chapter 215 - County Planning; Zoning; Housing Codes|Section 215.437 - Mandamus proceeding when county fails to take final action within specified time on 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. (2) A writ of mandamus issued under this section shall order the governing body of the county or its designee to make a final determination on the application. The court, in its discretion, may order such remedy as the court determines appropriate. (3) In a mandamus proceeding under this section the court shall award court costs and attorney fees to an applicant who prevails on a petition under this section. [1999 c.545 §3; 2015 c.522 §2]
OR Rev Stat § 215.438 (2021)
2021 Oregon Revised Statutes|Volume : 06 - Local Government, Public Employees, Elections|Chapter 215 - County Planning; Zoning; Housing Codes|Section 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]
OR Rev Stat § 215.439 (2021)
2021 Oregon Revised Statutes|Volume : 06 - Local Government, Public Employees, Elections|Chapter 215 - County Planning; Zoning; Housing Codes|Section 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. (2) The installation and use on a commercial structure of a solar photovoltaic energy system or a solar thermal energy system is an outright permitted use in any zone in which commercial structures are an allowed use. (3) Approval of a permit application under ORS 215.402 to 215.438 is, notwithstanding the definition of "permit" in ORS 215.402, a ministerial function if: (a) The installation of a solar energy system can be accomplished without increasing the footprint of the residential or commercial structure or the peak height of the portion of the roof on which the system is installed; and (b) The solar energy system would be mounted so that the plane of the system is parallel to the slope of the roof. (4) As part of the permit approval process, a county: (a) May not charge a fee pursuant to ORS 215.416 for processing a permit; (b) May not require extensive surveys or site evaluations including, but not limited to, vegetation surveys, contour maps and elevation drawings; and (c) May charge building permit fees pursuant to ORS 455.020, 455.210 and 455.220. (5) Subsections (3) and (4) of this section do not apply to a permit application for a residential or commercial structure that is: (a) A federally or locally designated historic building or landmark or that is located in a federally or locally designated historic district. (b) A conservation landmark designated by a city or county because of the historic, cultural, archaeological, architectural or similar merit of the landmark. (c) Located in an area designated as a significant scenic resource unless the material used is: (A) Designated as anti-reflective; or (B) Eleven percent or less reflective. (6) As used in this section, "solar photovoltaic energy system" has the meaning given that term in ORS 757.360. [2011 c.464 §1] Note: 215.439 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 215 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
OR Rev Stat § 215.441 (2021)
2021 Oregon Revised Statutes|Volume : 06 - Local Government, Public Employees, Elections|Chapter 215 - County Planning; Zoning; Housing Codes|Section 215.441 - Use of real property for religious activity; county regulation of real property used for religious activity.

(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: (a) Worship services. (b) Religion classes. (c) Weddings. (d) Funerals. (e) Meal programs. (f) Child care, but not including private or parochial school education for prekindergarten through grade 12 or higher education. (2) A county may: (a) Subject real property described in subsection (1) of this section to reasonable regulations, including site review or design review, concerning the physical characteristics of the uses authorized under subsection (1) of this section; or (b) Prohibit or restrict the use of real property by a place of worship described in subsection (1) of this section if the county finds that the level of service of public facilities, including transportation, water supply, sewer and storm drain systems is not adequate to serve the place of worship described in subsection (1) of this section. (3) Notwithstanding any other provision of this section, a county may allow a private or parochial school for prekindergarten through grade 12 or higher education to be sited under applicable state law and rules and local zoning ordinances and regulations. [2001 c.886 §2; 2017 c.745 §7; 2019 c.640 §19; 2021 c.385 §4; 2021 c.446 §4]
OR Rev Stat § 215.445 (2021)
2021 Oregon Revised Statutes|Volume : 06 - Local Government, Public Employees, Elections|Chapter 215 - County Planning; Zoning; Housing Codes|Section 215.445 - Use of private property for mobile medical clinic.

(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 certified to provide. (c) "Local government" has the meaning given that term in ORS 174.116. (d) "Mobile medical clinic" means a vehicle or a transportable structure that is: (A) Designed to serve as a facility suitable for the provision of health services; and (B) In use by a health professional to provide health services to the public. (e) "Nonprofit" means a corporation organized under and subject to the provisions of ORS chapter 65. (2) A local government may not prohibit a nonprofit mobile medical clinic from: (a) Being located on private property with the permission of the owner of the private property; and (b) Staying in one location for 180 days or less. [2015 c.142 §1] Note: 215.445 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 215 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.