ORS 227.160¹
Definitions for ORS 227.160 to 227.186

As used in ORS 227.160 (Definitions for ORS 227.160 to 227.186) to 227.186 (Notice to property owners of hearing on certain zone change):

(1) "Hearings officer" means a planning and zoning hearings officer appointed or designated by a city council under ORS 227.165 (Planning and zoning hearings officers).

(2) "Permit" means discretionary approval of a proposed development of land, under ORS 227.215 ("Development" defined) or city legislation or regulation. "Permit" does not include:

(a) A limited land use decision as defined in ORS 197.015 (Definitions for ORS chapters 195, 196 and 197);

(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 action under ORS 197.360 ("Expedited land division" defined) (1). [1973 c.739 §6; 1975 c.767 §5; 1991 c.817 §8a; 1995 c.595 §13]

Notes of Decisions

Excep­tion from defini­tion of "permit" for decision determining zoning classifica­tion for particular use applies to both discre­tionary and nondiscre­tionary decisions. Buckman Community Associa­tion v. City of Portland, 168 Or App 243, 5 P3d 1203 (2000)

Notes of Decisions

References to applica­tion for permits and zone changes do not prevent use of quasi-judicial pro­ceed­ing in other types of land use decisions. Depart­ment of Transporta­tion v. City of Mosier, 161 Or App 252, 984 P2d 351 (1999)

Law Review Cita­tions

10 WLJ 395 (1974); 68 OLR 1005 (1989)

Chapter 227

Atty. Gen. Opinions

Fasano v. Bd. of County Commrs., applica­tion to city governing bodies and planning com­mis­sions, (1974) Vol 36, p 960

1 Legislative Counsel Committee, CHAPTER 227—City Planning and Zoning, https://­www.­oregonlegislature.­gov/­bills_laws/­Archive/­2007ors227.­pdf (2007) (last ac­cessed Feb. 12, 2009).
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2007, Chapter 227, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­227ano.­htm (2007) (last ac­cessed Feb. 12, 2009).
3 OregonLaws.org assembles these lists by analyzing references between Sections. Each listed item refers back to the current Section in its own text. The result reveals relationships in the code that may not have otherwise been apparent. Currency Information